BYRON SHIRE COUNCIL
Ordinary Meeting
EXCLUDED FROM THE
Ordinary Meeting AGENDA
OF 6 October 2016
10. Petitions
10.1 Traffic - Broken Head Road 536 - Speed Review - Petition - 50km/hr Zone at Midgen Flat Road and Blackbutt Lane
Attachment 1... Except of S2016 7897 Submission from Paul Johnstone Broken Head Hall Committee................................................................................................. 4
Attachment 2... Traffic - Broken Head Rd 536 - Speed Review - 50km/hr zone at Midgen Flat Rd and Blackbutt Ln........................................................................................ 5
Corporate and Community Services
13.1 Report of the Public Art Assessment Panel meeting 18 August 2016
Attachment 1... Minutes of Public Art Assessment Panel meeting 18 August 2016.......... 7
13.10 PLANNING - 10.2015.214.3 S96 to Enable the Railway Infrastructure to be carried out in Two (2) Stages, Stage 1: Bayshore Drive Railway Infrastructure, Stage 2: Byron Town Centre Infrastructure at Bayshore Drive Byron Bay
Attachment 1... 10.2015.214.3 S96 conditions for amendment ....................................... 12
Infrastructure Services
13.11 Council Part Road Reserve Closure and subsequent sale at end of Durrumbul Road adjoining Lot A DP 389649
Attachment 1... Letter to Mr DO Thompson and Ms ML Plowman Re: Interest in Potential road reserve closure and purchase Durrumbul Road which runs through their property Lot A DP 389649...................................................................................... 22
Attachment 2... Submission from Stephen Phelps against the proposed sale and closure of Lot A DP389649 Durrumbul Road Main Arm................................................... 23
Attachment 3... Submission from Mark Standford and Stephen Phelps against the proposed sale and closure of Lot A DP389649 Durrumbul Road Main Arm.................. 24
Attachment 4... Submission from M. Phelps against the proposed sale and closure of Lot A DP389649 Durrumbul Road Main Arm................................................... 25
Attachment 5... Submission from Sally Wagg regarding the Closure of Road Reserve Lot A DP 389649 (cc P. Holloway)......................................................................... 26
Attachment 6... Submission against the proposed road closure to 722 Main Arm Road from Jarrod and Samara Zillwood............................................................................... 33
Attachment 7... Submission against the proposed road closure to 722 Main Arm Road from John Singh........................................................................................................ 35
Attachment 8... Submission from NSW Rural Fire Service regarding the sale and road closure of Lot A DP 389649 Durrumbul Road.......................................................... 36
Attachment 9... PDF of Submission from Marc Beckman Mills against the proposed sale and closure of Lot A DP389649 Durrumbul Road Main Arm......................... 37
Attachment 10. PDF of Email from John Lindsay - An objection to the proposed northern Durrumbul Rd (Wagg property) exit closure........................................... 38
Attachment 11. PDF of Submission from Stewart Dodd against the proposed sale and closure of Lot A DP389649 Durrumbul Road Main Arm.......................................... 39
Attachment 12. PDF of Email Submission Official from David Cook Team Manager Far North Coast NSW Rural Fire Service to DSavage No Objection to Part Road Closure Council road reserve adjoining LotA DP 389649 Durrumbul Road......... 40
Attachment 13. PDF of Email from John Lindsay withdrawing submission RE: 802 Main Arm Rd of the 3/06/2016........................................................................................... 41
Attachment 14. PDF of Email Debra Gruszka Hungerford Lehmann Solicitor dated 2 June 2016 re Negotiations and Submissions Road Closure 20160113 Sally Anne Wagg adjoining property Lot A DP 389649 722 Main Arm Road .. Claiming AD Medium Filum Aquae....................................................................................................... 42
13.12 Council Part Road Reserve Closure and potential sale adjoining PN 94840 Lot 21 DP 596124, 365 Booyong Road Nashua
Attachment 1... Initial email from Alderson re Short and request to purchase part road reserve 365 Booyong Road Nashua............................................................................ 45
Attachment 2... Letter from Alderson re Short and request to purchase part road reserve 365 Booyong Road Nashua............................................................................ 47
Attachment 3... Letter to Mr K Emery acknowledging phone conversation with Deanna Savage on 1 August 2016 raising concerns about Council Road Reserve ajoining his property Lot 4 DP 777750 369 Booyong Road Nashua not wanting to purchase any part of it Council res 16-263................................................................................... 49
Attachment 4... Report 19/05/2016 Council Council Road Reserve Closure and potential sale adjoining PN94840 Lot 21 DP 596124, 365 Booyong Road Nashua...... 51
13.13 Closure of Part Road Reserve Ajoining Lot 22 DP 1070522 at the end of Blackwood Cresent
Attachment 1... Letter Trevor Emery Geolink to Tony Nash re: possible road reserve closure and land acquisition in Blackwood Crescent at the end of the Cul De Sac... 55
Attachment 2... Attachment to letter to Tony Nash 10 December 2015 from Trevor Emery Geolink layout plan showing proposed road reserve closure and land aquisition Blackwood crescent bangalow................................................................................... 57
Attachment 3... In Principle Support given to Trevor Emery Geo Link on behalf of developers Bangalow Property Investments for potential closure and purchase of road reserve adjoining lot 22 DP 1070522 and lot 4 DP 233810 end of Blackwood Cres 58
Attachment 4... Policy: Building Over Pipelines and Other Underground Structures (adopted 8/10/09 Res No. 09-798) (Current_Policies)........................................................ 60
Attachment 5... PDF of Authority Roads and Maritime Services with no objection to Proposed Road Closure - Blackwood Crescent, Bangalow Trevor Emery adjoining Lot 22 DP 1070522 and Lot 4 DP 233810 associated with DA 10.2011.474.1 Read NOTE in email ........................................................................................................ 73
Attachment 6... PDF of Authority Essential Energy with no objection to Proposed Road Closure - Blackwood Crescent, Bangalow Trevor Emery adjoining Lot 22 DP 1070522 and Lot 4 DP 233810 associated with DA 10.2011.474.1.............................. 74
Attachment 7... PDF of Authority Transgrid Skye Shanahan with no objection to Proposed Road Closure - Blackwood Crescent, Bangalow Trevor Emery adjoining Lot 22 DP 1070522 and Lot 4 DP 233810 associated with DA 10.2011.474.1 #E2016/51737................................................................................................................. 75
Attachment 8... PDF of Authority David Cook NSW Rural Fire Service with no objection to Proposed Road Closure - Blackwood Crescent, Bangalow Trevor Emery adjoining Lot 22 DP 1070522 and Lot 4 DP 233810 associated with DA 10.2011.474.1 #E2016/51737.......................................................................................... 76
Attachment 9... PDF of Email response from Trevor Emery Geo Link on behalf of developers Bangalow PropertyInvestments addressingletter In-principle support re: potential closure and purchase of road reserve adjoining lot 22 DP1070522 and lot 4 DP 233810 end of Blackwood....................................................................... 77
Corporate and Community Services
14.1 Report of the Finance Advisory Committee Meeting held on 18 August 2016
Attachment 1... Minutes of the Finance Advisory Committee Meeting held on 18 August 2016 78
14.2 Report of the Internal Audit Advisory Committee Meeting held on 18 August 2016
Attachment 1... Minutes of the Internal Audit Advisory Committee meeting held on 18 August 2016................................................................................................................. 82
Infrastructure Services
14.3 Report of the Transport Advisory Committee Meeting held on 16 August 2016
Attachment 1... Minutes Transport Advisory Committee Meeting 16/08/16..................... 88
Petitions 10.1 - Attachment 2
Report No. 0.0 Speed Review - Broken Head Road, Broken Head - 50km/hr Zone at Midgen Flat Road and Blackbutt Lane
File No: I2016/772
On the 1 June 2016 a representative of the Broken Head Hall Committee submitted a petition, with 160 signatures, requesting a speed review of a 500m section of Broken Head Road, Broken Head; between St Oswald’s Anglican Church and 50m south of Blackbutt Road, including the 50m approaches to Midgen Flat Road and Blackbutt Lane intersections. The letter has suggested a 50km/hr zone to cater for pedestrian and school buses.
The petition and correspondence was tabled at Council’s Ordinary Meeting held on 4 August 2016 and subsequently a report on this matter will be presented to Council at its Ordinary Meeting to be held 29 September 2016.
The petition has requested signage for “Village of Broken Head”. This is not a Local Traffic Committee matter and will be considered separately by Council and advice provided to the Broken Head Hall Committee.
Investigation
On the 7 June 2016 an inspection was carried out by Roads and Maritime Services and Council Officers after a request for a speed review was received from the St Oswald’s Anglican Church.
As a result of the inspection, it is proposed that clearing of vegetation, to improve the line of site, and improving the driveway access for the Church would improve the situation. Therefore, a speed reduction in this area was not warranted and the sign posted 80km/hr speed limit is acceptable.
The road adjacent to 521 Broken Head Road will be reconstructed in 2015/16 and 2016/17 and both of these issues will be incorporated into the project design.
RECOMMENDATION: 1. That a speed review be undertaken by RMS on Broken Head Road to investigate the request by the Hall Committee in conjunction with the request by the Church.
|
1 Traffic - Broken Head Rd 536 - Speed Review - Petition 160, S2016/7897
2 Traffic - Broken Head Rd 521 - Speed Review - St Oswalds Anglican Church, S2016/7115
7) BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.10 - Attachment 1
10.2015.412.3
MODIFIED CONDITIONS OF CONSENT:
A. Where S96 application 10.2015.214.3 is approved (i.e. Condition 15 deleted); modify the Consent in the following manner:
· Insert immediately following Condition 6:
7) Staging of the Development
The development is to be carried out in two stages, as described below:
Stage 1 – The construction of the proposed Bayshore Drive platform, including new train shed, new platform, toilet facilities, tree clearing and associated access.
Stage 2 – Byron Town Centre platform comprising train platform and associated access.
8) Section 94A levy to be paid
Prior to the issue of a construction certificate for either stage, the section 94A levy required by the Byron Developer Contributions Plan 2012 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 and shall be set out in schedule 1. A copy of Schedule 1 shall be submitted with the payment to Council.
· Delete the heading:
The following conditions are to be complied with prior to issue of a Construction Certificate for building works
· Insert the heading:
The following conditions are to be complied with prior to issue of a Construction Certificate for Stage 1 building works
· Delete conditions 7 to 16a (inclusive) and replace with the following:
9) 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.
10) Certificate of Compliance – Water Management Act 2000
A Certificate of Compliance will be issued upon 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.
11) Trade Waste - Section 68 approval required
An approval under Section 68 of the Local Government Act 1993 to discharge trade waste into Council’s sewer must be obtained.
12) 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 of the development. The SWMMP must specify the proposed method of recycling/disposal and provide details of the waste management service provider.
Plans and specifications must be provided as part of the Construction Certificate showing details of both waste and recycling bin storage facilities at each platform, consistent with the design of existing facilities within the Byron Bay town centre. Such must be installed and serviced as part of the development.
13) Access and facilities for disabled
The application for a Construction Certificate is to include plans and specifications that indicate access and facilities for persons with access disabilities to and within the development in accordance with AS 1428.1 - Design for Access and Mobility and Part D3 of the Building Code of Australia.
Such plans and specifications must be approved as part of the Construction Certificate.
14) Stormwater drainage – Section 68 approval required
An approval under Section 68 of the Local Government Act 1993 to carry out stormwater drainage works must be obtained.
15) Bond required to guarantee against damage to public land
A bond of $4000 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.
16) Provision of bicycle parking spaces
The application for a Construction Certificate is to include plans and specifications for the provision of five (20) x Class 3 bicycle parking spaces (bicycle rails) at each train platform. The layout, design and security of the bicycle parking facilities must comply with Australian Standard AS 2890.3-1993, Parking facilities - Bicycle parking facilities. The facilities must be provided at ground level within the railway corridor adjacent to the proposed platforms and must be accessible from the paths leading to the platforms from the road reserve.
17) Landscaping plan required
The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of the site. Such landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of Part H of Development Control Plan 2010.
Species identified in Part B9 of Development Control Plan 2014 are to be planted wherever possible. The landscaping plan must provide for screen plantings within the railway corridor on the eastern side of Bayshore Drive to screen the platform and shed from the residential area to the south of the railway corridor, and must indicate:
a) proposed location for planted shrubs and trees
b) botanical name of shrubs and trees to be planted
c) mature height of trees to be planted
d) location of trees identified for retention in the development application plans.
e) The plan is to be prepared by a suitably qualified landscape architect/architect /ecologist who has appropriate experience and competence in landscaping.
Such plans and specifications must be approved as part of the Construction Certificate. Note: Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bushfire Protection 2006.
The following conditions are to be complied with prior to issue of a Construction Certificate for Stage 2 building works
18) 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 of the development. The SWMMP must specify the proposed method of recycling/disposal and provide details of the waste management service provider.
Plans and specifications must be provided as part of the Construction Certificate showing details of both waste and recycling bin storage facilities at each platform, consistent with the design of existing facilities within the Byron Bay town centre. Such must be installed and serviced as part of the development.
19) Access and facilities for disabled
The application for a Construction Certificate is to include plans and specifications that indicate access and facilities for persons with access disabilities to and within the development in accordance with AS 1428.1 - Design for Access and Mobility and Part D3 of the Building Code of Australia.
Such plans and specifications must be approved as part of the Construction Certificate.
20) Stormwater drainage – Section 68 approval required
An approval under Section 68 of the Local Government Act 1993 to carry out stormwater drainage works must be obtained.
21) Bond required to guarantee against damage to public land
A bond of $4000 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.
22) Provision of bicycle parking spaces
The application for a Construction Certificate is to include plans and specifications for the provision of five (20) x Class 3 bicycle parking spaces (bicycle rails) at each train platform. The layout, design and security of the bicycle parking facilities must comply with Australian Standard AS 2890.3-1993, Parking facilities - Bicycle parking facilities. The facilities must be provided at ground level within the railway corridor adjacent to the proposed platforms and must be accessible from the paths leading to the platforms from the road reserve.
23) Landscaping plan required
The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of the site. Such landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of Part H of Development Control Plan 2010.
Species identified in Part B9 of Development Control Plan 2014 are to be planted wherever possible. The landscaping plan must provide for screen plantings within the railway corridor on the eastern side of Bayshore Drive to screen the platform and shed from the residential area to the south of the railway corridor, and must indicate:
a) proposed location for planted shrubs and trees
b) botanical name of shrubs and trees to be planted
c) mature height of trees to be planted
d) location of trees identified for retention in the development application plans.
e) The plan is to be prepared by a suitably qualified landscape architect/architect /ecologist who has appropriate experience and competence in landscaping.
Such plans and specifications must be approved as part of the Construction Certificate. Note: Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bushfire Protection 2006.
· Renumber all remaining conditions, beginning immediately following the heading “The following conditions are to be complied with prior to any building or construction works commencing”, starting from 24.
B. Where S96 application 10.2015.214.3 is refused (i.e. Condition 15 not deleted); modify the Consent in the following manner:
· Insert immediately following Condition 6:
7) Staging of the Development
The development is to be carried out in two stages, as described below:
Stage 1 – The construction of the proposed Bayshore Drive platform, including new train shed, new platform, toilet facilities, tree clearing and associated access.
Stage 2 – Byron Town Centre platform comprising train platform and associated access.
8) Section 94A levy to be paid
Prior to the issue of a construction certificate for either stage, the section 94A levy required by the Byron Developer Contributions Plan 2012 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 |
2.0 percent |
The cost of development shall be shall be calculated in accordance with clause 25J of the regulation and shall be set out in schedule 1. A copy of Schedule 1 shall be submitted with the payment to Council.
· Delete the heading:
The following conditions are to be complied with prior to issue of a Construction Certificate for building works
· Insert the heading:
The following conditions are to be complied with prior to issue of a Construction Certificate for Stage 1 building works
· Delete conditions 7 to 16a (inclusive) and replace with the following:
9) 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.
10) Certificate of Compliance – Water Management Act 2000
A Certificate of Compliance will be issued upon 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.
11) Trade Waste - Section 68 approval required
An approval under Section 68 of the Local Government Act 1993 to discharge trade waste into Council’s sewer must be obtained.
12) 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 of the development. The SWMMP must specify the proposed method of recycling/disposal and provide details of the waste management service provider.
Plans and specifications must be provided as part of the Construction Certificate showing details of both waste and recycling bin storage facilities at each platform, consistent with the design of existing facilities within the Byron Bay town centre. Such must be installed and serviced as part of the development.
13) Access and facilities for disabled
The application for a Construction Certificate is to include plans and specifications that indicate access and facilities for persons with access disabilities to and within the development in accordance with AS 1428.1 - Design for Access and Mobility and Part D3 of the Building Code of Australia.
Such plans and specifications must be approved as part of the Construction Certificate.
14) Stormwater drainage – Section 68 approval required
An approval under Section 68 of the Local Government Act 1993 to carry out stormwater drainage works must be obtained.
15) Bond required to guarantee against damage to public land
A bond of $4000 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.
16) Provision of bicycle parking spaces
The application for a Construction Certificate is to include plans and specifications for the provision of five (20) x Class 3 bicycle parking spaces (bicycle rails) at each train platform. The layout, design and security of the bicycle parking facilities must comply with Australian Standard AS 2890.3-1993, Parking facilities - Bicycle parking facilities. The facilities must be provided at ground level within the railway corridor adjacent to the proposed platforms and must be accessible from the paths leading to the platforms from the road reserve.
17) Landscaping plan required
The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of the site. Such landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of Part H of Development Control Plan 2010.
Species identified in Part B9 of Development Control Plan 2014 are to be planted wherever possible. The landscaping plan must provide for screen plantings within the railway corridor on the eastern side of Bayshore Drive to screen the platform and shed from the residential area to the south of the railway corridor, and must indicate:
a) proposed location for planted shrubs and trees
b) botanical name of shrubs and trees to be planted
c) mature height of trees to be planted
d) location of trees identified for retention in the development application plans.
e) The plan is to be prepared by a suitably qualified landscape architect/architect /ecologist who has appropriate experience and competence in landscaping.
Such plans and specifications must be approved as part of the Construction Certificate. Note: Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bushfire Protection 2006.
The following conditions are to be complied with prior to issue of a Construction Certificate for Stage 2 building works
18) 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 of the development. The SWMMP must specify the proposed method of recycling/disposal and provide details of the waste management service provider.
Plans and specifications must be provided as part of the Construction Certificate showing details of both waste and recycling bin storage facilities at each platform, consistent with the design of existing facilities within the Byron Bay town centre. Such must be installed and serviced as part of the development.
19) Access and facilities for disabled
The application for a Construction Certificate is to include plans and specifications that indicate access and facilities for persons with access disabilities to and within the development in accordance with AS 1428.1 - Design for Access and Mobility and Part D3 of the Building Code of Australia.
Such plans and specifications must be approved as part of the Construction Certificate.
20) Stormwater drainage – Section 68 approval required
An approval under Section 68 of the Local Government Act 1993 to carry out stormwater drainage works must be obtained.
21) Bond required to guarantee against damage to public land
A bond of $4000 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.
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 10.2015.214 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.
23) Provision of bicycle parking spaces
The application for a Construction Certificate is to include plans and specifications for the provision of five (20) x Class 3 bicycle parking spaces (bicycle rails) at each train platform. The layout, design and security of the bicycle parking facilities must comply with Australian Standard AS 2890.3-1993, Parking facilities - Bicycle parking facilities. The facilities must be provided at ground level within the railway corridor adjacent to the proposed platforms and must be accessible from the paths leading to the platforms from the road reserve.
24) Landscaping plan required
The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of the site. Such landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of Part H of Development Control Plan 2010.
Species identified in Part B9 of Development Control Plan 2014 are to be planted wherever possible. The landscaping plan must provide for screen plantings within the railway corridor on the eastern side of Bayshore Drive to screen the platform and shed from the residential area to the south of the railway corridor, and must indicate:
a) proposed location for planted shrubs and trees
b) botanical name of shrubs and trees to be planted
c) mature height of trees to be planted
d) location of trees identified for retention in the development application plans.
e) The plan is to be prepared by a suitably qualified landscape architect/architect /ecologist who has appropriate experience and competence in landscaping.
Such plans and specifications must be approved as part of the Construction Certificate. Note: Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bushfire Protection 2006.
· Renumber all remaining conditions, beginning immediately following the heading “The following conditions are to be complied with prior to any building or construction works commencing”, starting from 25.
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 13.11 - Attachment 1
BSC File No: #E2015/82707
Contact: Deanna Savage
Deanna.Savage@byron.nsw.gov.au
16 December 2015
Mr D O Thompson & Ms M L Plowman
722 Main Arm Road
Mullumbimby NSW 2482
Dear Mr Thompson & Ms Plowman
Interest in Potential Part Road Reserve Closure Durrumbul Road
Council is currently looking at surplus land in the shire and after inspection has determined that the Council owned road reserve that adjoins your property (as outlined in red as per image below), may have the potential for closure and sale.
Council is writing to you as the adjoining land owner to ascertain if you are interested in adding to your existing land parcel. We realise there are costs associated with this proposal that need to be considered so if you are interested we are happy to go through the process and fee structure with you.
If you have any further questions, or would like to look further into this proposal please do not hesitate to contact Deanna Savage on 02 6626 7304.
Yours sincerely
Phillip Holloway
Director
Infrastructure Services
Staff Reports - Infrastructure Services 13.12 - Attachment 3
BSC File No: #E2016/72159
Contact: Deanna Savage
Email: Deanna.Savage@byron.nsw.gov.au
2 August 2016
Mr K Emery
369 Booyong Road
NASHUA NSW 2479
Dear Mr Emery
Potential Part Road Reserve Closure and Purchase adjoining your property Lot 4 DP 777750
I acknowledge your phone correspondence on 1 August 2016 with Deanna Savage regarding concerns about the road reserve and closure adjoining your property Lot 4 DP 777750.
I have enclosed the diagram that was sent to you in our earlier correspondence and I understand that you are not interested in purchasing the section of road reserve indicated in red and would not like this section incorporated into the existing road reserve closure, indicated in blue on the diagram.
If you have any further questions, please do not hesitate to contact Deanna Savage on 02 6626 7304.
Yours sincerely
Phillip Holloway
Director Infrastructure Services
Proposed Closure of Public Road
LGA: Byron
Locality: Nashua
Parish: Teven
Legend
Proposed Road under Application
Additional Road Reserves
Proposed Road being offered to Mr K Emery
Staff Reports - Infrastructure Services 13.12 - Attachment 4
Report No. 13.9 Council Road Reserve Closure and potential sale adjoining PN94840 Lot 21 DP 596124, 365 Booyong Road Nashua
Directorate: Infrastructure Services
Report Author: Deanna Savage, Administration Officer Infrastructure Services
File No: I2016/404
Theme: Community Infrastructure
Asset Management
A formal request was made on 16 September 2015 to close and purchase a portion of road reserve adjoining PN 94840 Lot 21 DP 596124, 365 Booyong Road, Nashua. The following report provides details as to why it is recommended the application be given Council support.
RECOMMENDATION: 1. That Council endorse the closure of road reserve adjoining PN 94840 Lot 21 DP 596124, 365 Booyong Road Nashua, as per figure 1 of this report, and move forward by submitting the application with Crown.
2. That Council ascertain market value by retaining a suitably qualified Valuer and delegate to the General Manager the authority to enter into a contract for sale of the closed part of the road with the owner of adjoining Lot 21 DP 596124 for a value no less than the highest value placed on the part closed road by the independent Valuer.
3. Without limiting the delegation to the General Manager to negotiate a contract suitable to the Council, terms and conditions of the contract will include requirements for:
i. the applicant to pay all costs associated with the part road closure, including but not limited to:
a) Council application fees b) Council’s surveyor's fees and survey, valuation and legal costs c) All registration fees d) Legal costs
ii The allotment created by the part road closure to be consolidated into the existing Parcel No 94840 Lot 21 DP 596124
4. That Council authorise the affixing of the Council seal to and the signing of all documents necessary to affect the sale and transfer of the part closed road. |
1 Initial email from Alderson re Short and request to purchase part road reserve 365 Booyong Road Nashua, E2016/29262
2 Letter from Alderson re Short and request to purchase part road reserve 365 Booyong Road Nashua, E2016/29261
Report
A request was made by Greg Alderson Chartered Professional Engineers & Scientists on behalf of his client Greg Short, as per Attachment 1, to acquire a section of road reserve adjoining PN 94840, Lot 21 DP 596124, 365 Booyong Road, Nashua as per Figure 1 below.
Figure 1
An inspection on the property was carried out and was determined that Road Reserve Closure was in the best interest of Council and once closed could be sold to the adjoining land holder. The Closure was advertised on 17 March 2016 calling for any submissions from adjoining land owners and from any Authorities with Assets in the area. No submissions were received;
If Council approves the closure in accordance with the recommendations of this report, no further action would be required – unless something arises that has not already been given consideration.
The final step before the application can be lodged with Crown is for a Council resolution in favour of the closure and subsequent sale. An updated plan of survey needs to be completed to accompany the application to Crown. Once the application has been lodged with Crown there should be a 90 day turn around (if all the paperwork is correct) to finalise the closure. A valuation is to be completed as per recommendation then contracts can then be drawn up for subsequent sale.
Financial Implications
The Applicant is liable for all of Council’s costs arising from the road closure and if successful, subsequent sale of land.
Adopted fees and charges for 2015/16 for the sale of land are set out below:
Sale Value = $Market Valuation or Tender
Costs:
Survey $Costs + 15%
Subdivision $Costs + 15%
Valuation $Costs + 15%
Legal/Transfer $Costs + 15%
It is difficult to estimate the costs associated with the actions required to sell the land until quotations are received for the services, however, our best estimates are between $10,000 to $15,000, plus the market valuation for the sale price. The applicant will also need to pre-pay all costs on request.
Statutory and Policy Compliance Implications
Relevant sections of the Roads Act are:
ROADS ACT 1993 - SECT 34
Applications for closing of public road
34 Applications for closing of public road
(1) An application for the closing of a public road (other than a freeway) may be made:
(a) in the case of a Crown road, by any person, and
(b) in the case of any other public road, by the roads authority for the road or by any other public authority.
ROADS ACT 1993 - SECT 35
Publication of proposal to close public road
35 Publication of proposal to close public road
(1) The Minister (or, in the case of the proposed closing of a freeway, RMS) must cause notice of the proposed closing of a public road to be published in a local newspaper.
(2) The notice:
(a) must identify the road that is proposed to be closed, and
(b) must state that any person is entitled to make submissions to the Minister (or, in the case of the proposed closing of a freeway, to RMS) with respect to the closing of the road, and
(c) must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.
ROADS ACT 1993 - SECT 36
Public submissions
36 Public submissions
Any person may make submissions to the Minister (or, in the case of the proposed closing of a freeway, to RMS) with respect to the closing of the road.
ROADS ACT 1993 - SECT 37
Decision on proposal
37 Decision on proposal
(1) After considering any submissions that have been duly made with respect to the proposal, the Minister (or, in the case of the proposed closing of a freeway, RMS) may, by notice published in the Gazette, close the public road concerned.
(2) However, a public road may not be closed:
(a) in the case of a classified road-unless RMS consents to the closure of the road, or
(b) in the case of a road owned by a council-unless the council consents to the closure of the road, or
(c) in the case of a classified road that is owned by a council-unless both RMS and the council consent to the closure.
ROADS ACT 1993 - SECT 43
Disposal of land comprising former public road owned by council
43 Disposal of land comprising former public road owned by council
(1) This section applies to land vested in a council and forming part of a former public road.
(2) Land to which this section applies is operational land for the purposes of the Local Government Act 1993 unless, before the land becomes vested in the council, the council resolves that it is to be community land, in which case the land is community land.
(3) If the land is disposed of by sale, the proceeds of sale (less the costs of the sale) are to be paid to the council.
(4) Money received by a council from the proceeds of sale of the land is not to be used by the council except for acquiring land for public roads or for carrying out road work on public roads.
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 13.13 - Attachment 1
Ref No: 2442-1099
The General Manager
Byron Shire Council,
OP Box 219,
MULLUMBINBY NSW 2482
Attention: Mt Tony Nash
Dear Tony
Possible purchase of Road Reserve at Bangalow
I refer to our recent telephone discussion with respect to the possible purchase part of an existing road reserve in Bangalow’s Clover Hill residential estate. I am making this inquiry on behalf of the owner of the adjacent subdivision.
The area in question is the existing cul-de-sac at the end of Blackwood Crescent. When the Clover Hill subdivision was designed and constructed it was always the intention that Blackwood Crescent would be extended to provide access to part of the adjacent future subdivision, however as the future subdivision was not proposed to be constructed for some time, Blackwood Crescent was terminated with a cul-de-sac contained within a very large road reserve.
With the design of the adjacent subdivision now being finalised and shortly to be submitted to Council for a Construction Certificate, attention has been drawn to the large area of land at the current cul-de-sac area, part of which may be able to be able to be utilised for subdivision rather than leaving a large tract of land which is currently being used by neighbours as a temporary vehicle parking area.
In extending Blackwood Crescent into the new subdivision it is proposed to remove the existing cul-de-sac head as a new cul-de-sac is to be constructed at the end of the Blackwood Crescent extension. Please refer to the attached drawing showing the existing configuration, the suggested road extension, the area of the road reserve that could be closed together with a piece of land from within the adjacent subdivision that could be amalgamated to form an area suitable for two housing lots each of approximately 800 m2.
Services including water supply, electricity and Telstra will be available from the extended services in Blackwood Crescent. Due to surface levels the sewer connection for these lots can only realistically be made by extending a connection from the adjacent proposed development.
It would be appreciated if you can undertake a review of the area indicated and advise if the proposal to acquire this land is acceptable to Council and at what indicative price. As construction works are expected to commence not later than April 2016, and with the only viable sewer connection to the proposed lots being through the proposed new subdivision, it would be appreciated if you could provide us initial feedback as soon as possible so that the required sewer connection can, if required, be incorporated as part of the new adjacent development.
The area of the proposed cul-de-sac is currently zone R2. It is our understanding that as the proposed land to be acquired is not a crown road and proceeds from the purchase could be credited to Council.
We are aware that should an agreement be reached to acquire the said land that the land transfer would not be undertaken until the new subdivision is constructed and the existing cul-de-sac removed and replaced with a new cul-de-sac as part of the new development.
I look forward to receiving your reply on this matter.
Yours sincerely
GeoLINK
Trevor R Emery
Director / Civil Designer
Attach: Drawing No 2442/SK1
Staff Reports - Infrastructure Services 13.13 - Attachment 3
BSC File No: #E2016/26916
Your ref: 2442-1099
Contact: Deanna Savage
2 May 2016
Trevor Emery
Principal/Civil Designer Geo Link
PO Box 119
LENNOX HEAD NSW 2478
Dear Mr Emery,
Possible purchase of Road Reserve at Bangalow - end of Blackwood Crescent
In response to your letter dated 10 December 2015 Council would like to give In-Principle support to your proposal on behalf of your client Bangalow Property Investments Pty Ltd, providing the following is adhered to:
· Council to retain the services of a suitably qualified Valuer to ascertain market value and best option available to Council for use of land once closed.
· The sale of land to go ahead once the road has been closed, and after the formation of the proposed new cul-de-sac and adjoining road.
· That the water main would
either have to be relocated, or an easement taken out, in which case
Council’s ‘Building Over Pipelines and Other Underground
Structures’ policy would apply.
· Essential Energy street lighting would need to be relocated and resolved with the developer.
· The stormwater gully pit in the cul-de-sac, water main (as per comment above), and a section of kerb and channel would all have to be relocated if Blackwater Crescent is extended at the developer’s expense.
· The private concrete driveway leading onto lot 22 DP 1070522 (indicated by the arrow on image) would have to be relocated at the developers cost.
Council would like to bring to your attention the costs arising from the road closure and subsequent sale of land.
A fee of $450 is required for preliminary investigation payable on receipt of this letter and enclosed invoice. Once received Council can begin the road closure process.
Crown has recently changed its processes and there are pre-lodgement actions which need to be taken before Council may lodge a formal road closure application with NSW Trade and Investment (Crown Lands). The current fee for this application is $476.90 and the actions include:
• full road status check
• advertise intention to close public road
• send notification of proposal to all affected parties and authorities – noting a 28 day submission period
• Council to consider all submissions received and take action to resolve any objections
• Council to prepare report with a summary and assessment of submissions/objections to present to Council meeting
Note that as the applicant you would be liable for any of Council’s costs arising from the road closure and if successful, subsequent sale of land.
Adopted fees and charges for 2015/16 for the sale of land are set out below:
Sale Value = $Market Valuation or Tender
Costs:
Survey $Costs + 15%
Subdivision $Costs + 15%
Valuation $Costs + 15%
Legal/Transfer $Costs + 15%
It is difficult to estimate the costs associated with the actions required to sell the land until quotations are received for the services, however, our best estimates are between $10,000 to $15,000, plus the market valuation for the sale price. The applicant will also need to pre-pay all costs on request.
Any enquiries in relation to this matter can be directed to Deanna Savage, who can be contacted on 02 6626 7304 or via email at Deanna.Savage@byron.nsw.gov.au.
Yours sincerely
Phillip Holloway
Director Infrastructure Services
Staff Reports - Infrastructure Services 13.13 - Attachment 4
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BYRON SHIRE COUNCIL
POLICY NO 4.20
Building Over Pipelines and Other Underground Structures
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 13.13 - Attachment 4
INFORMATION
ABOUT THIS DOCUMENT
(INTERNAL USE ONLY)
Date Adopted by Council |
29/3/97 |
Resolution No. |
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Policy Responsibility |
Water and Recycling Management Services |
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Review Timeframe |
As required |
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Last Review Date: |
July 2009 |
Next Scheduled Review Date |
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Document History
Doc No. |
Date Amended |
Details Comments eg Resolution No. |
#633505 |
23/3/99 |
|
#824509 |
2/7/09 |
Amended draft reported to Council Res 09-537 |
#906135 |
8/10/09 |
Adopted Res No. 09-798 |
Further Document Information and Relationships
Related Legislation |
Protection of the Environment - Operations Act, Local Govt. Act, Public Health Act |
Related Policies |
Council’s Policy No. 5.60 “Unauthorised Development and Activities” |
Related Procedures/ Protocols, Statements, documents |
|
TABLE OF CONTENTS
1. OBJECTIVES............................................................................................................................... 1
2. POLICY STATEMENT................................................................................................................. 1
3. POLICY DETAIL........................................................................................................................... 1
4. EXCEPTIONS.............................................................................................................................. 3
5. DISCIPLINARY ACTIONS........................................................................................................... 3
6. DEFINITIONS............................................................................................................................... 3
7. AUSTRALIAN STANDARDS....................................................................................................... 4
APPENDIX “A”..................................................................................................................................... 5
APPENDIX “B”..................................................................................................................................... 6
APPENDIX “C”.................................................................................................................................... 7
APPENDIX “D”.................................................................................................................................... 8
APPENDIX “E”................................................................................................................................... 10
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 13.13 - Attachment 4
Policy 4.20
POLICY TITLE |
BUILDING OVER PIPELINES AND OTHER UNDERGROUND STRUCTURES |
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FILE REFERENCE |
COR050505 |
1. OBJECTIVES
1.1. To set out the conditions under which easements are created for underground pipelines and structure including sewer lines.
1.2. To
set out the conditions under which excavations, cutting or filling of land or
the erection of any structure over or near easements, pipelines and other
underground structures may be permitted (except drainage easements).
1.3. To
protect buildings and the public.
1.4. To
protect and facilitate maintenance of Council’s assets.
1.5. To
indemnify Council against damages caused by the failure of underground
structures.
2. POLICY STATEMENT
This policy shall provide clear guidelines to developers, consultants and designers and the general public as to what is acceptable to Council with regards to building over or near to sewer mains, water mains, stormwater drainage lines, utilities and structures.
3. POLICY DETAIL
3.1. This policy applies to pipelines and other council owned underground structures.
3.2. This
policy does not apply to drainage easements where encroachment of buildings and
structure may affect overland stormwater flows.
3.3. Construction
of buildings over or near to Council pipelines generally shall not be allowed.
This is to ensure that access is available to the pipeline and that no load is
transferred, or damage caused to pipelines, fittings and structures.
3.4. In all new subdivisions and/or developments an easement shall be provided for all pipelines (including gravity sewer mains) as follows:
Depth to pipe invert Minimum width of easement
Up to 1.5m 3m plus outside dimensions of pipe
1.5m – 2.5m ` 4m plus outside dimensions of pipe
Greater than 2.5m To be determined by Director.
Low Pressure Sewer Systems 1.0m Minimum or twice the depth to invert which ever is the greater/or determined by Director
A Section 88B
Instrument shall be prepared for each block with an easement and a specimen of
this instrument is given in Appendix A.
3.5. In a case where the pipeline is in an easement, no building works can be carried out in that easement. Building adjacent to an easement may be subject to conditions such as depth of foundations, footings, etc. Refer to (3.7) and Figure 2 – Appendix B.
Encroachments
3.6. Where
Council determines that a building’s proposed location, relative to
Council pipeline, is within the limits detailed in Figure 1 – Appendix B,
the applicant shall furnish a survey accurate plan of the proposal showing the
relative location of the building and the pipeline. It is the
responsibility of the owner to determine the exact location of the pipeline
which is or may be affected by the proposed building.
There are three options available for the applicant:
a) Relocate
Building/Development
The preferred option, is that the building be relocated a minimum of 1.5m clear
of any part of a Council pipeline after taking into account the design
considerations as detailed in (3.7) below and Figure 1 in Appendix B.
b) Relocate
Services
The second option is that the pipelines be relocated a minimum of 1.5m clear of
the proposed building, at the owner’s expense and under Council
supervision. Plans and specifications for the work are to be first submitted
for approval of the Director, Water and Recycling Management Services.
Design considerations, as detailed in (3.7) below and Figure 1 in Appendix B
are applicable.
c) Protection
of Services
The least preferred option, is that the applicant is permitted to build near or
over the pipeline. This option can be adopted only in particular
circumstances, is not generally available for sewer deeper than 2.5m or trunk
sewer mains greater than 150mm in diameter and approval by the Director Water
and Recycling Management Services, must be obtained prior to Construction
approval being issued. The restrictions specified in Appendix C shall in
general apply if this option is pursued and also Appendix E (Concrete
Encasement) in the WSAA Code.
3.7. In
determining any application, submitted under (3.5) and (3.6) above, the
Director, Water and Recycling Management Services shall take into account
condition of the pipeline, soil characteristics, influence of loads, proximity
of existing buildings to the pipeline, access requirements for maintenance and
replacement of the pipeline etc.
3.8. In
options in (3.6b) and (3.6c) above, gravity pipelines shall be inspection using
CCTV cameras or other suitable method as determined by the Director, Water and
Recycling Management Services before and after the construction work is carried
out. Close liaison must be maintained with Council during this period of
inspection process to allow witness by a Council inspector.
Council staff require 24 hours notice to arrange an on-site inspection.
All costs associated with these inspections, including the cost of
Council’s inspector, shall be borne by the owner.
3.9. Any
damage caused to pipelines as a result of the construction work must be
repaired at the owner’s expense, and under Council supervision.
(Note: if the pipe is found to be defective before construction work commences
Council shall make every effort to repair the line before issuing the
construction approval).
3.10. Plans
and specifications for any construction work proposed on, above or near the
pipeline and plans of the proposed building are to be submitted to the
Director, Water and Recycling Management Services for approval and endorsement
of any additional conditions. These additional conditions must also be
adhered to during construction.
A bond, the value of which will be determined by the director, Water and
Recycling Management Services, may need to be furnished by the applicant.
It shall be retained by Council until all works are completed and conditions
complied with to the satisfaction of the Director Water and Recycling
Management Services.
3.11. All
works covered by (3.10) above must be inspected by Council prior to the pouring
of any concrete and / or backfilling. Council staff require 24 hours
notice to arrange an on-site inspection. All costs associated with
inspection by Council staff shall be borne by the owner.
3.12. The
Director, Water and Recycling Management Services may delegate his
responsibilities with respect to implementing this policy to other staff
members.
4. EXCEPTIONS
This policy does not apply to developments located on Crown Lands, National Parks, State Rail, State and Commonwealth Authorities.
5. DISCIPLINARY ACTIONS
The provisions of Council’s
“Unauthorised Development and Activities” Policy No 5.60 can be
utilised where a non-compliance is not resolved to Council’s
satisfaction. This may result, where justified in the issuing of a notice
of intention to serve an order or notice under relevant legislation. The
Notice of Order must provide the receiver of the notice with an option to
comply with Council’s requirements in order to avoid the actual issuing
of an Order of Notice.
(See Council’s Policy No 5.60 “Unauthorised Development and
Activities”).
6. DEFINITIONS
“Clay”
is a fine grained soil with elastic properties when wet. Includes
gravely, sandy or silty clays.
“Construction” is the excavation, cutting or filling
of land or the erection of any structures which includes concrete slabs or
paving. A Rainwater Collection Tank is considered to be a construction with
regard/respect to this policy.
“Footing” means construction that transfers the load
from the building to the foundation.
“Invert” in this instance means the outside edge of
the lowest part of the cross section of a pipe.
“Sand” is a granular soil that may contain a small
proportion of fines including silt or clay. The amount of fines may be
assessed as small by visual inspection or it the amount that passes at 75
micron sieve is 15% or less, material with a higher proportion of finds shall
be treated as silt or clay.
“Silt” is a fine grained soil that is non-cohesive
and non-plastic when wet and can include some sand and clay.
“Rock” is a soft material including shaley material
and strongly cemented sand or gravel that does not soften in water or collapse
under a combination of loading and wetting. Material that cannot be
readily excavated with a backhoe may be taken as rock.
“Zone of influence” a footing would be determined to
be within a zone of influence where the invert of the sewer main or the edge of
a drainage easement at the invert level of the pipe falls below a line drawn at
45 degrees in clay, or 30 degrees in and or silt, from the underside of the
footing. (See diagram in Appendix B).
“WSAA”
is the abbreviation of Water Services Association of Australia, Code of
Practice, which covers both Water Supply and Sewerage.
7. AUSTRALIAN STANDARDS
The Australian Standards that my
be relevant to this policy include the following:
AS2159-1995 Piling Code
AS2566-1982 Plastics Pipelaying Design
AS2870-1995 Residential Slabs and Footings
AS3600-1994 Concrete Structures Code
AS3725-1989 Load on buried Concrete Pipes
AS4058-1992 Precast Concrete Pipes
AS4060-1992 Loads on Buried Vitrified Clay Pipes
AS4139-1993 Fibre-reinforced Pipes and Fittings
APPENDIX “A”
Specimen S88B instrument when creating an easement
Instrument setting out the Terms of Easements and Restrictions on use intended to be Created Pursuant to Section 88B of the Conveyancing Act, 1919.
Part 2
Terms of easement for sewer gravity main ______________________ referred to in the abovementioned plan.
a) Full
and free right and liberty to the Council, its servants, agents or contractors
together with implements and machinery to enter upon the land to lay, maintain,
alter, enlarge or duplicate pipes, manholes, junctions and sidelines.
b) The
Council shall be responsible for the cost of any work in connection with the
construction, maintenance, alteration, enlargement or duplication of any pipes
manholes junctions or sidelines. Such responsibility shall not extend to
any damage caused to the pipeline and / or structures as a direct consequence
of the actions of the landowner or his/her agents. Such damages shall be
repaired at the owner’s expense.
c) The
registered proprietor of the land or his/her agent shall not plant any trees or
shrubs within the area noted as an easement for sewer main.
d) The
registered proprietor shall not erect, construct or place upon the land
burdened any building, outbuilding, garden shed or other structure whatsoever.
The Director, Water and Recycling Management Services may approve construction
of outbuildings of light construction erected on a removable concrete or clay
paving slabs which could be removed for maintenance or replacement of the
pipeline.
e) Council
will take all reasonable precautions to ensure as little disturbance as
possible occur to the land burdened and will restore that surface as near as
practicable to its original condition. This shall extend to any disturbance
caused to land adjoining the easement.
f) If
a term or condition of this instrument is or becomes invalid or unenforceable,
the remaining terms and conditions shall be valid to the fullest extent
permitted by law.
Byron Shire Council is empowered to release, vary or modify the terms of the easements ________________________ referred to in the abovementioned plan.
APPENDIX “B”
Diagram of Typical Design Considerations
APPENDIX “C”
Restrictions applicable when building over or near any Council pipeline
The following restrictions shall apply generally when a structure is to be constructed over or near any Council sewers, drains and pipelines.
1. The foundations of any structure are to be constructed in such a manner that no loads due to the structure are transferred onto the pipeline or its foundations.
2. The building shall be constructed in such a manner that the floor and the structure can be removed in sections to provide access for repairs or replacement of the pipeline.
3. The owners of the land shall indemnify Council against damage caused to the pipeline by the application of dead loads, live loads and the effects of any settlement due to the construction of the building over the pipeline.
4. The owners of the land shall indemnify Council against damage to the building caused by the action of building over the pipeline.
5. The owners of the land shall indemnify Council against damage caused to others as a result of damages to the pipeline caused by the action of building over or near the pipeline.
6. All
plans must be submitted for approval and indemnities signed before
construction commences.
The above conditions will continue regardless of changes of ownership and provision must be made for this on the indemnity agreement, and suitable restriction shall be placed on the title of the land pursuant to Section 88 of the Conveyancing Act as detailed in Appendix D.
APPENDIX “D”
Specimen of a S88B Instrument applicable for a property where a building is to be constructed over or near a pipeline
For the purpose of this instrument:
“cause” shall include a partial cause or an indirect cause as if that were the sole and direct cause.
“Council” means the Byron Shire Council or its successor.
“the property” means the land burdened by this instrument.
“the pipeline” includes:
I. drainage, water and sewerage pipelines or other structure; and
II. any
section of the same pipeline, whether on the property or on other property.
“the owner” means the Registered Proprietor of the property as may be the case from time to time.
a) The
owner acknowledges that buildings on the property have been permitted over or
near a pipeline and that there is no easement for the pipeline.
b) The
owners covenants to maintain the floor, roof and other structures of the
building in removable sections as required by the council from time to time so
as to allow Council to undertake repair, maintenance, replacement or such other
works on the pipeline as in the opinion of Council are reasonably necessary.
c) The
owner covenants to immediately repair or replace any damaged pipeline on the
property as requested by the Council or shall indemnify the Council for the
costs of such work. The Council shall at all times have power in its
absolute discretion to elect between requesting the owner to perform the work
or to perform the work itself and be indemnified by the owner.
d) The
owner covenants in indemnify the Council against any damage or loss to the
pipeline caused by the building over or near the pipeline.
e) The
owner covenants to release the Council from any liability (whether in
negligence or otherwise) for the damages or loss suffered by the owner caused
by the building over or near the pipeline.
f) The
owner covenants to indemnify the Council against damage or loss suffered by
owners and/or occupiers of land other than the property caused by the building
over or near the pipeline.
g) The
owner covenants that, in the event the preceding covenant is or becomes invalid
or unenforceable, whether wholly or partially, he will indemnify the Council
against damage or loss suffered by owners and/or occupiers of land in the
vicinity of the property caused by the building over the pipeline.
h) A
certificate by an officer of the Council as to the cause of damage or loss
shall, in the absence of any manifest error, be conclusive evidence of the
cause of the damage or loss.
i) If
any covenant, term or condition of this instrument is or becomes invalid or
unenforceable, the remaining terms and conditions shall be valid to the fullest
extent permitted by law.
j) Byron
Shire Council is empowered to release, vary or modify the terms of the
restrictions referred to in this instrument.
k) If
a term or condition of this instrument is or becomes invalid or unenforceable,
the remaining terms and conditions shall be valid to the fullest extent
permitted by law.
APPENDIX “E”
Concrete encasement of sewer mains shall be constructed as detailed in the WASAA Sewerage Code of Australia - see Plan SEW-1205 Type 12.
BYRON SHIRE COUNCIL
Reports of Committees - Corporate and Community Services 14.1 - Attachment 1
Finance Advisory Committee Meeting
Venue |
Conference Room, Station Street, Mullumbimby |
Date |
Thursday, 18 August 2016 |
Time |
2.00pm |
BYRON SHIRE COUNCIL
Reports of Committees - Corporate and Community Services 14.1 - Attachment 1
Minutes of the Finance Advisory Committee Meeting held on Thursday, 18 August 2016
File No: Error! Unknown document property name.
PRESENT: Cr B Cameron, Cr D Dey, Cr A Hunter, and Cr D Woods
Staff: Ken Gainger (General Manager)
Mark Arnold (Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
James Brickley (Manager Finance)
Sarah Parkinson (Minute Taker)
Cr Cameron (Chair) opened the meeting at 2.05pm and acknowledged that the meeting was being held on Bundjalung Country.
Apologies:
There were apologies received from Cr Cubis and Cr Ibrahim.
Declarations of Interest – Pecuniary and Non-Pecuniary
There were no declarations of interest.
Adoption of Minutes from Previous Meetings
Committee Recommendation: That the minutes of the Finance Advisory Committee Meeting held on 12 May 2016 and the Extraordinary Finance Advisory Committee Meeting held on 21 June 2016 be confirmed. (Hunter/Woods) The recommendation was put to the vote and declared carried. |
Business Arising from Previous Minutes
There was no business arising from previous minutes.
Staff Reports - Corporate and Community Services
Report No. 5.1 2015/16 Financial Sustainability Plan - Update on the Action Implementation Plan as at 30 June 2016 File No: I2016/750
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Committee Recommendation: That the update report to 30 June 2016 on the 2015/2016 Financial Sustainability Project Plan Action Implementation Plan (#E2016/52089) be received and noted. (Woods/Dey)
The recommendation was put to the vote and declared carried. |
Report No. 5.2 Carryovers for Inclusion in 2016/2017 Budget File No: I2016/878
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Committee Recommendation: That the Finance Advisory Committee recommend to Council: That the works and services, and the respective funding shown in Attachment 1 (#E2016/74385), Attachment 2 (#E2016/74388) and Attachment 3 (#E2016/74387) be carried over from the 2015/2016 financial year and that the carryover budget allocations be adopted as budget allocation revotes for inclusion in the 2016/2017 Budget Estimates. (Hunter/Woods)
The recommendation was put to the vote and declared carried. |
Report No. 5.3 Council Budget Review - 1 April 2016 to 30 June 2016 File No: I2016/886
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Committee Recommendation: That the Finance Advisory Committee recommend to Council:
1. That Council authorises the itemised budget variations as shown in Attachment 2 (#E2016/74510) which includes the following results in the 30 June 2016 Quarterly Review of the 2015/2016 Budget:
a) General Fund - $0 increase in accumulated surplus/working funds b) General Fund - $9,096,400 increase in reserves c) Water Fund - $1,959,600 increase in reserves. d) Sewerage Fund - $643,300 increase in reserves
2. That Council adopt the revised estimated General Fund Accumulated Surplus/ (Working Funds) surplus of $919,100 for the 2015/2016 financial year as at 30 June 2016.
3. That Council allocate $2,163,000 to internal reserve funds as indicated in this report under the heading ‘Specific Cash Position’.. (Woods/Dey)
The recommendation was put to the vote and declared carried. |
Late Report
Report No. 6.1 Draft 2016-2026 Long Term Financial Plan File No: I2016/901
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Committee Recommendation: That the Finance Advisory Committee recommend to Council that the completion of 2016-2026 Long Term Financial Plan be based on the assumptions and scenarios outlined in this report. (Woods/Dey) The recommendation was put to the vote and declared carried. |
There being no further business the meeting concluded at 3.18pm.
BYRON SHIRE COUNCIL
Reports of Committees - Corporate and Community Services 14.2 - Attachment 1
Internal Audit Advisory Committee Meeting
Venue |
Conference Room, Station Street, Mullumbimby |
Date |
Thursday, 18 August 2016 |
Time |
11.00am |
BYRON SHIRE COUNCIL
Reports of Committees - Corporate and Community Services 14.2 - Attachment 1
Minutes of the Internal Audit Advisory Committee Meeting held on Thursday, 18 August 2016
File No: Error! Unknown document property name.
PRESENT: Cr B Cameron, Cr A Hunter and Cr D Woods
Staff: Ken Gainger (General Manager)
Mark
Arnold (Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
James Brickley (Manager Finance)
Tony Nash (Manager Works)
Jess Orr (Corporate Governance and Risk Management Officer)
Sarah Parkinson (Minute Taker)
Community: Michael Georghiou (Chairperson), Tony McCabe
Internal Auditor: Jarrod Lean (Grant Thornton)
External Auditor: Kevin Franey (Thomas Noble Russell)
Michael Georghiou (Chair) opened the meeting at 11:05am and acknowledged that the meeting was being held on Bundjalung Country.
Apologies:
There were apologies received from Craig Kelly.
Declarations of Interest – Pecuniary and Non-Pecuniary
There were no declarations of interest.
Adoption of Minutes from Previous Meetings
Committee Recommendation: That the minutes of the Internal Audit Advisory Committee Meeting held on 12 May 2016 be confirmed. (Georghiou/Woods)
The recommendation was put to the vote and declared carried. |
Business Arising from Previous Minutes
There was no business arising from previous minutes.
Procedural Motion |
Committee Recommendation: That the Internal Audit Advisory Committee move into Confidential Session. (Woods/Georghiou)
The recommendation was put to the vote and declared carried. |
Staff Reports - Corporate and Community Services
Report No. 5.1 Review of Paid Parking File No: I2016/518
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Committee Recommendation: That recommendations contained in the factual findings report regarding Paid Parking and associated Management comments be noted by Council. (Woods/Georghiou)
The recommendation was put to the vote and declared carried. |
Report No. 5.2 Procurement Review File No: I2016/716
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Committee Recommendation: 1. That the Internal Audit Report – Procurement Review - May 2016 at Attachment 1 (#E2016/74473) be noted by Council along with responses and actions detailed by Management.
2. That Management implement the recommendations made in the report identified at Attachment 1 (#E2016/74434). (Georghiou/McCabe)
The recommendation was put to the vote and declared carried. |
Report No. 5.3 Interim Audit Management Letter 2016 File No: I2016/779
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Committee Recommendation: That the comments provided by Management in response to matters raised in the 2016 Interim Audit Management Letter be noted by Council. (Woods/Hunter)
The recommendation was put to the vote and declared carried. |
Report No. 5.4 Asset Preparedness Audit File No: I2016/715
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Committee Recommendation: That the Internal Audit Advisory Committee consider the report on the Asset Preparedness Audit in relation to Special Schedule 7 be considered and referred to Council to note the report. (Woods/Hunter) The recommendation was put to the vote and declared carried. |
Report No. 5.5 Internal Audit Progress Report August 2016 File No: I2016/791
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Committee Recommendation: That Council receive and note the Internal Audit Report – Audit Committee (August 2016) (#E2016/74474) prepared by the Internal Auditor, Grant Thornton. (Woods/Georghiou)
The recommendation was put to the vote and declared carried. |
Report No. 5.6 Internal Audit Report - Developer Contributions Review File No: I2016/868
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Committee Recommendation: 1. That the Internal Audit Report – Developer Contributions Review - July 2016 at Attachment 1 (#E2016/74707) be noted by Council along with responses and actions detailed by Management.
2. That Management implement the recommendations made in the report identified at Attachment 1. (Woods/Georghiou)
The recommendation was put to the vote and declared carried. |
Staff Report - Infrastructure Services
Report No. 5.7 Update of Actions for Inventory Control Internal Audit File No: I2016/735
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Committee Recommendation: That the Committee note the completion of the management actions for all the recommendations from the Internal Audit for Inventory Control. (Woods/Georghiou)
The recommendation was put to the vote and declared carried. |
Staff Report - Organisation Development
Report No. 5.8 Investigation into serious misconduct by a former staff member relating to cash handling File No: I2016/684
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Committee Recommendation: That Council note the report and that management are implementing the recommendations contained within it. (Woods/Georghiou)
The recommendation was put to the vote and declared carried. |
Procedural Motion |
Committee Recommendation: That the meeting move out of confidential session. (Woods/Georghiou)
The recommendation was put to the vote and declared carried. |
There being no further business the meeting concluded at 1.01pm.
BYRON SHIRE COUNCIL
Reports of Committees - Infrastructure Services 14.3 - Attachment 1
Transport Advisory Committee Meeting
Venue |
Meeting Room 1, Station Street, Mullumbimby |
Date |
Tuesday, 16 August 2016 |
Time |
9.00am |
BYRON SHIRE COUNCIL
Reports of Committees - Infrastructure Services 14.3 - Attachment 1
Minutes of the Transport Advisory Committee Meeting held on Tuesday, 16 August 2016
File No: Error! Unknown document property name.
PRESENT: Cr
B Cameron, Cr D Dey, Cr A Hunter,
Staff: Phil Holloway (Director Infrastructure Services)
Helen Waldron (Minute Taker)
Community Representatives: Sapoty Brook, Kumar Rajaratnam, Stephen Stewart, Philip Theaker
Cr Cameron (Chair) opened the meeting at 9.13am and acknowledged that the meeting was being held on Bundjalung Country.
Apologies:
Alex Lewers (Transport Development Officer, NRSDC)
John Blanch
Tony Nash (Manager, Works)
Cr S Richardson (Mayor)
Declarations of Interest – Pecuniary and Non-Pecuniary
There were no declarations of interest.
Adoption of Minutes from Previous Meetings
Committee Recommendation: That the minutes of the Transport Advisory Committee Meeting held on 14 June 2016 be confirmed. (Hunter/Stewart) The recommendation was put to the vote and declared carried. |
Business Arising from Previous Minutes
There was no business arising from previous minutes.
Staff Reports - Infrastructure Services
Report No. 5.1 Development of a Shire-wide Transport Strategy File No: I2016/884
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Committee Recommendation: 1. That the Committee develop a Shire-wide Transport Strategy which includes:
a) CONTEXT to include consideration of:· congestion· high tourist numbers· lack of local public transport connectivity and regional integration· high carbon emissions· safety· high costs of running private vehicles· road condition and the cost of maintenance· demographics – (difficult for people who can’t drive or don’t have a licence)· access - mobility· lack of cycleway connectivity· lack of connectivity in general· poor location of services – making them more distant than they could otherwise be· high growth area – need to plan for future· transport costs to community from planning and commercial decisions· impact of future technological and social developments
b) OBJECTIVES to include consideration of:
· reduce the need for and/or dependency on private motor vehicle trips· improve public transport· support community transport· increase the bike network and/or use· improve pedestrian and residential amenity· support advocacy, partnerships and/or community involvement· improve road user safety· improve integration and regional connectivity· support climate change adaptation and mitigation· further defining and obtaining of these objectives will be the role of the proposed transport strategy· support of each objective can be sought via relevant Council instruction through available mechanisms regarding any proposed and/or existing activity, all of which will be explored via development of the proposed transport strategy that will be guided by Council’s vision.
c) ACTIONS to include the consideration of:
· understanding user experience – feedback, surveys· develop priorities from user feedback, eg improve user experience by means of improved bus shelters, safer road crossings, shorter travel times, for example· develop measurement methods for baseline and future actions· integrated land use planning
2. That a draft strategy commence with a review of relevant local, state and federal programs, plans and strategies in efforts to identify funding and partnership opportunities.
3. That Council note staff will apply by 9 September 2016 to meet the RMS Active Transport Funding deadline and it will include seeking 2017/18 funding for the revision of Council’s bike plan and PAMP.
(Hunter/Stewart) The recommendation was put to the vote and declared carried. |
Action
Cr Hunter to provide his wording for Vision Statement via email.
(Post meeting note: email received from Cr Hunter 16/08/16 – “Provide a transport strategy that minimises traffic congestion, carbon emissions, with safe access around the shire, an integrated transport service, improved roads and cycle ways in a financially sustainable way.)
There being no further business the meeting concluded at 11.05 am.