Heritage Panel Meeting
A Heritage Panel Meeting of Byron Shire Council will be held as follows:
Conference Room, Station Street, Mullumbimby
Thursday, 2 November 2017
Director Sustainable Environment and Economy I2017/1659
What is a “Conflict of Interests” - A conflict of interests can be of two types:
Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.
Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).
Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.
Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).
Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:
§ The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or
§ The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.
N.B. “Relative”, in relation to a person means any of the following:
(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;
(b) the spouse or de facto partners of the person or of a person referred to in paragraph (a)
No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:
§ If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or
§ Just because the person is a member of, or is employed by, the Council.
§ Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.
Disclosure and participation in meetings
§ A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.
§ The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:
(a) at any time during which the matter is being considered or discussed by the Council or Committee, or
(b) at any time during which the Council or Committee is voting on any question in relation to the matter.
No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.
Participation in Meetings Despite Pecuniary Interest (S 452 Act)
A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.
Non-pecuniary Interests - Must be disclosed in meetings.
There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:
§ It may be appropriate that no action be taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.
§ Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa). Care needs to be taken when exercising this option.
§ Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)
§ Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)
Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters
(1) In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:
(a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but
(b) not including the making of an order under Division 2A of Part 6 of that Act.
(2) The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.
(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.
(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.
(5) This section extends to a meeting that is closed to the public.
Heritage Panel Meeting
3.1 Heritage Panel Meeting held on 31 August 2017
4. Staff Reports
Corporate and Community Services
4.1 Code of Conduct Training................................................................................................. 4
Sustainable Environment and Economy
4.2 Presentation by North Coast Community Housing on DA 10.2017.474.1 - Multi Dwelling Housing Consisting of Twenty Five (25) Railyard 1 Bedroom Dwellings (Under the Provisions of the State Environmental Planning Policy (Affordable Rental Housing) 2009): Infill Affordable Housing at 70-90 Station Street, Mullumbimby Development and Update on Heritage Grants................. 27
Staff Reports - Corporate and Community Services 4.1
Report No. 4.1 Code of Conduct Training
Directorate: Corporate and Community Services
Report Author: David Royston-Jennings, Corporate Governance and Strategic Planning Officer
File No: I2017/1573
Theme: Corporate Management
To provide an overview of Council’s Code of Conduct for the benefit of members of the Heritage Panel.
That the Heritage Panel receive a presentation about Byron Shire Council’s Code of Conduct.
Heritage Panel members are required to read and understand Council’s Code of Conduct.
The key points of the Code of Conduct will be provided in a presentation for the Panel’s information.
A copy of Byron Shire Council’s Code of Conduct is provided as an attachment to this report for the Panel’s perusal.
Statutory and Policy Compliance Implications
Code of Conduct
Staff Reports - Sustainable Environment and Economy 4.2
Report No. 4.2 Presentation by North Coast Community Housing on DA 10.2017.474.1 - Multi Dwelling Housing Consisting of Twenty Five (25) Railyard 1 Bedroom Dwellings (Under the Provisions of the State Environmental Planning Policy (Affordable Rental Housing) 2009): Infill Affordable Housing at 70-90 Station Street, Mullumbimby Development and Update on Heritage Grants
Directorate: Sustainable Environment and Economy
Report Author: Chris Larkin, Manager Sustainable Development
Noreen Scott, EA Sustainable Environment and Economy
File No: I2017/1501
Development and Approvals
Council has received a development application for a multi dwelling housing development at 70-90 Station Street, Mullumbimby named the Railyard. The development (DA10.2017.474.1) consists of Twenty Five x One Bedroom Dwellings, associated landscaping and car parking. The subject property is within the Heritage Conservation area and Adjoins the Railway Line, the Mullumbimby Council Chambers and car park and a Child Care Centre. The applicants, North Coast Community Housing are to provide a presentation to the Heritage Panel and will answer any questions in relation to heritage matters having regards to the sites location within the Mullumbimby Conservation Area. This report also provides an update to the Panel on available heritage grants and programs
That the Heritage Panel:
1. Thank North Coast Community Housing for their Presentation; and
2. Note the Heritage Near Me Incentives Program
1 landscape plan NCCH, E2017/96985 , page 30⇩
Council has received a development application for a multi dwelling housing development at 70-90 Station Street, Mullumbimby named the Railyard. The development consists of Twenty Five x One Bedroom Dwellings, landscaping and courtyard areas and car parking. An existing fig tree in Station Street is to be retained. The subject property is within the Heritage Conservation area and Adjoins the Railway Line to the east, the Mullumbimby Council Chambers and Carpark to the north and a Child Care Centre to the south.
The Land is zoned B4 Mixed Use which enables a variety of uses to occur including residential development. The property also has a 9 metre height limit pursuant to Byron LEP 2014. The applicants are seeking approval under the Provisions of SEPP (Affordable Rental Housing) 2009, with a portion of the units to be used for affordable rental housing purposes. The property is within easy walking distance to the town centre and local amenities such as the Council Library, parks, town Pool and other facilities.
A general site plan of the development is attached to this report for the panels information. The applicants, North Coast Community Housing, are to provide a presentation to the Heritage Panel and will answer any questions in relation to heritage matters having regards to the sites location within the Mullumbimby Conservation Area.
Heritage Near Me Incentives Program
The Heritage Near Me Incentives program has been developed to address gaps in existing funding and resourcing for local heritage in NSW and provides grants directly to owners and managers of local heritage items. A link to the Heritage Grants page for more information is provided here:
A current opportunity for owners and managers of local heritage items includes the Local Heritage Strategic Projects program.
An expression of interest can be lodged from owners and managers of local heritage items, local councils and organisations who are seeking support for projects and programs that will enhance and protect local heritage assets and values, either through minor works conservation projects, community-based events and activities, or the development of innovative heritage processes, strategies and plans.
A link to the Heritage Grants on offer is provided here:
Statutory and Policy Compliance Implications