Agenda
Ordinary Meeting
Thursday, 24 May 2018
held at Council Chambers, Station Street, Mullumbimby
commencing at 9.00am
Public Access relating to items on this Agenda can be made between 9.00am and 10.30am on the day of the Meeting. Requests for public access should be made to the General Manager or Mayor no later than 12.00 midday on the day prior to the Meeting.
Mark Arnold
Acting General Manager
CONFLICT OF INTERESTS
What is a “Conflict of Interests” - A conflict of interests can be of two types:
Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.
Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).
Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.
Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).
Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:
§ The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or
§ The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.
N.B. “Relative”, in relation to a person means any of the following:
(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;
(b) the spouse or de facto partners of the person or of a person referred to in paragraph (a)
No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:
§ If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or
§ Just because the person is a member of, or is employed by, the Council.
§ Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.
Disclosure and participation in meetings
§ A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.
§ The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:
(a) at any time during which the matter is being considered or discussed by the Council or Committee, or
(b) at any time during which the Council or Committee is voting on any question in relation to the matter.
No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.
Participation in Meetings Despite Pecuniary Interest (S 452 Act)
A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.
Non-pecuniary Interests - Must be disclosed in meetings.
There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:
§ It may be appropriate that no action be taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.
§ Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa). Care needs to be taken when exercising this option.
§ Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)
§ Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)
RECORDING OF VOTING ON PLANNING MATTERS
Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters
(1) In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:
(a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but
(b) not including the making of an order under Division 2A of Part 6 of that Act.
(2) The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.
(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.
(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.
(5) This section extends to a meeting that is closed to the public.
BYRON SHIRE COUNCIL
Ordinary Meeting
1. Public Access
3. Requests for Leave of Absence
4. Declarations of Interest – Pecuniary and Non-Pecuniary
5. Tabling of Pecuniary Interest Returns (s450A Local Government Act 1993)
6. Adoption of Minutes from Previous Meetings
6.1 Ordinary Meeting held on 19 April 2018
6.2 Extraordinary Meeting held on 17 May 2018
7. Reservation of Items for Debate and Order of Business
8. Mayoral Minute
9. Notices of Motion
9.1 Letter to Coastal Panel regarding Development Applications for Belongil Beach............ 6
9.2 Increasing Newstart to Reduce Pressure on Council Community Services.................... 8
9.3 Lone Goat Galley s355 Committee Membership........................................................... 10
9.4 Esplanade Laneway, New Brighton................................................................................ 11
9.5 Clay Heath Restoration Project Stakeholder Concerns................................................. 15
10. Petitions
11. Submissions and Grants
11.1 Byron Shire Council Grants and Submissions as at 7 May 2018................................... 17
12. Delegates' Reports
13. Staff Reports
Corporate and Community Services
13.1 Council Resolutions Quarterly Review - 1 January 2018 to 31 March 2018................. 20
13.2 Proposed Rural Fire Service Relocation to Cook Pioneer Centre................................. 25
13.3 Section 355 Management Committee matters............................................................... 28
13.4 LGNSW Regional Summit.............................................................................................. 31
13.5 Minutes of Public Art Panel meeting held 26 April 2018................................................. 33
13.6 Investments April 2018.................................................................................................... 36
13.7 Budget Review 1 January 2018 to 31 March 2018........................................................ 44
13.8 Poker Machine Policy investigation ............................................................................... 55
Sustainable Environment and Economy
13.9 PLANNING - State Environmental Planning Policy No. 1 - Variations to development standards - 1 October 2017 to 31 December 2017 ............................................................................. 58
13.10 Minutes of the Heritage Panel Meeting 29 March 2018................................................. 61
13.11 Report of the Planning Review Committee Meeting held on 12 April, 2018.................. 64
13.12 PLANNING - Development Application 10.2017.280.1 Development Application for Alterations and Additions to existing building including, construction of basement car park, Restaurant at ground level (including cellar bar and sandwich bar), and two self contained Motel or Hotel Accommodation units at first floor level at 32-34 Byron Street Bangalow......................................................... 66
13.13 Final Bangalow and Mullumbimby Movement Strategies - for incorporation into Bangalow and Mullumbimby Place Plans............................................................................................... 80
13.14 Update - Resolution 18-266 The Terrace Reserve Holiday Park, Brunswick Heads .. 83
13.15 PLANNING - Development Application 10.2017.460.1 - Utility Installation: Telecommunication Tower at 54 Jones Road Wooyung .......................................................................................... 87
13.16 PLANNING - Submissions Report - 26.2017.5.1 - Planning Proposal to activate the Rail Corridor in Byron Town Centre....................................................................................................... 106
13.17 New
legislative provisions relating to the Joint
Regional Planning Panels and Sydney Planning Panels.............................................. 114
Infrastructure Services
13.18 Clarkes Beach Stormwater and Gully Rehabilitation Works - update......................... 118
13.19 Mullumbimby Leagues Club Amenities Facility Section 64 Contribution..................... 124
13.20 Grays Lane Upgrade Status Update............................................................................. 128
13.21 Compulsory acquisition Lot 11 in DP 1239057 Main Arm proposed extension to Main Arm Rural Fire Brigade Station.............................................................................................................. 133
13.22 Tweed Street Master Plan Status Update..................................................................... 136
13.23 Brunswick Valley Sustainability Centre Reforestation Project..................................... 140
13.24 Recycled Water Irrigation Projects Byron Bay............................................................. 142
14. Reports of Committees
Sustainable Environment and Economy
14.1 Report of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 26 April 2018............................................................................................................................... 145
14.2 Report of the Biodiversity Advisory Committee Meeting held on 30 April 2018........... 147
Infrastructure Services
14.3 Report of the Transport and Infrastructure Advisory Committee Meeting held on 20 April 2018 149
15. Questions With Notice
15.1 Valances Road Plan of Management........................................................................... 151
15.2 Woolies Car Park.......................................................................................................... 152
15.3 Brunswick Valley STP Monitoring Point 5.................................................................... 154
16. Confidential Reports
General Manager
16.1 Confidential - General Manager Recruitment....................................................... 155
Corporate and Community Services
16.2 Confidential - Byron Shire Council purchase from Health Administration Corporation 156
Sustainable Environment and Economy
16.3 Confidential - Expression of Interest 2018-0018 - Multi Use of Byron Shire Rail Corridor 158
Infrastructure Services
16.4 Confidential - 2017-0042 - Bus Shelter Tender - Award of Tender...................... 160
Councillors are encouraged to ask questions regarding any item on the business paper to the appropriate Director prior to the meeting. Any suggested amendments to the recommendations should be provided to Councillor Support prior to the meeting to allow the changes to be typed and presented on the overhead projector at the meeting.
Notices of Motion 9.1
Notice of Motion No. 9.1 Letter to Coastal Panel regarding Development Applications for Belongil Beach
File No: I2018/861
I move:
1. That Council acknowledge that formal submissions have been made by Council regarding the following Development Applications to the Coastal Panel:
· Development Application number: CP 17 006 · Development Application number: CP 17 007 · Development Application number: CP 17 008 · Development Application number: CP 17 009 · Development Application number: CP 17 010
2. That, additional to the submissions, the Mayor and Councillors additionally send a letter to the Coastal Panel expressing the following:
a) the high level of community concern around
this issue; b) concern at the paucity of advertising for
the Development Application, the difficulty of finding the
advertisement in the local paper, and the brevity of the exhibition period; c) the difficult of finding the DAs on the
Coastal Panel website; d) that Council’s position for many years, supported
by community and court precedents, has been for the policy of ‘planned
retreat’ e) that Council reaffirms the community majority-held position that does not support engineering of Byron Shire’s beaches, including the replacing of rock walls that were placed there without Council approval.
|
Signed: Cr Cate Coorey
Councillor’s supporting information:
The recent re-exhibition of 4 DAs seeking to repair/replace rock walls at Belongil and the addition of a new DA to do the same almost went unnoticed by community members. The advertisements for the 4 were on page 43 of the Byron Echo, whilst the advertisement for fifth, CP17 010, is yet to be found; the Echo didn’t appear to have it when asked.
The issue of rock-walling Belongil Beach – or any beaches in Byron Shire is a point on which the majority of the community are in fast agreement. The composition of this Council is largely a reflection of the community on this topic as a touchstone issue in the Shire.
A single advertisement for the 4 DAs, effectively buried in the back of the local paper, could not be seen as enough notice of these potentially significant works – which could overturn a more than 30-year policy of ‘planned retreat’.
Many residents had difficulty in locating the DAs on the web page as they were not on the Coastal Panel page. One had to find the ‘transitional’ page and then scroll a long way down to a list that had no identifying addresses, only numbers.
Whilst there was no deliberate design to discourage people from participating in the submissions process, it was certainly made difficult – if a person even knew that there were DAs on exhibition in the first place.
As such, many people did not have the time, the capability or the knowledge of their existence to make submissions on the exhibited DAs. Acknowledging that Council is not the consent authority and the Coastal Panel will assess the applications I believe, nevertheless, that it is Council’s role to convey, on behalf of the community that people did not feel they had proper and fair access to the process and that they would, overwhelmingly, not be in support of the DAs exhibited.
BYRON SHIRE COUNCIL
Notices of Motion 9.2
Notice of Motion No. 9.2 Increasing Newstart to Reduce Pressure on Council Community Services
File No: I2018/849
I move:
That Council:
1. Publicly advocate to the relevant Federal Government ministers for the Newstart Allowance to be increased from the current rate of $269, by at least $70 per week. 2. That copies of the letter be sent to all NSW Federal MHRs and Senators.
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Signed: Cr Sarah Ndiaye
Councillor’s supporting information:
The low rate of Newstart is exacerbating poverty and homelessness. To help bring dignity to those in need and to reduce the subsequent increased pressure on communities and Council’s community service resources, it must be raised. Newstart is currently set at only $269 per week. This is $177 per week below the poverty-line. It is less than 41 per cent of the minimum wage, less than 18 per cent of the average wage, and has not been raised in real terms for 24 years. It should be raised to the level of the Henderson Poverty Line - $517 per week.
The Business Council of Australia advocated to the government that the low rate of Newstart presents a barrier to employment and risks entrenching poverty.
Increasing Newstart would benefit local economies by increasing the spending power of those on low incomes, whose extra funds would circulate through local businesses. It would also reduce the strain on Council community services assisting the growing number of people experiencing hardship, especially due to homelessness and issues created by the high rate price of housing.
At least eleven local councils in Australia have added their voices to the chorus of business, union and welfare groups which have called for Newstart to be increased.
Staff comments by James Brickley, A/Director Corporate and Community Services, Corporate and Community Services
(Management Comments must not include formatted recommendations – resolution 11-979)
Council works in partnership with a range of funded service providers, community groups and agencies to support vulnerable communities, and encourages a collective approach to ensuring the needs of the community are met. This includes working collaboratively to reduce duplication, improve knowledge and data sharing, and identify gaps in service provision. Where gaps are identified, Council advocates with Federal and State government agencies for members of the Byron Shire community, working closely with agencies such as Department of Premier and Cabinet and Families and Community Services to improve the outcomes for the community.
It is noted that the allocation/determination of Newstart is a Federal Government issue and falls outside any control of Local Government. It is understood that a motion was recently put to the Australian Senate on 10 May 2018 to increase the Newstart allowance but this motion was not supported by the Senate at that time.
The current Australian Senate decision aside, should Council adopt this Notice of Motion, Council would write to relevant NSW Federal Government MHRs and Senators to advocate for an increase in the Newstart allowance.
Financial/Resource/Legal Implications:
Minimal financial implications relating to staff time in preparing correspondence.
Is the proposal consistent with any Delivery Program tasks?
No in respect of the Newstart Allowance itself in isolation as it is outside the control of Byron Shire Council and Local Government being a Commonwealth Government responsibility.
However, the Delivery Program though includes (SC 1.1.1) to “Develop and maintain collaborative relationships with government, sector and community” with an action to ‘Undertake strategic advocacy for increased and improved and inclusive service delivery’.
The advocacy in writing to NSW Federal Government representatives could be considered consistent with the action as requested by this Notice of Motion.
BYRON SHIRE COUNCIL
Notices of Motion 9.3
Notice of Motion No. 9.3 Lone Goat Galley s355 Committee Membership
File No: I2018/851
I move that Council advertise for the appointment of three visual arts representative members to The Lone Goat Gallery Board (355 committee), to ensure a balanced representation and a diversity of skills on the governing management committee.
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Signed: Cr Jan Hackett
Councillor’s supporting information:
Currently the LGG Board has been reduced in number to 4 active community members.
When the Board was first created, it consisted primarily of Visual Arts representatives and numbered around 6-8. The membership has been very fluid over the past two years and with recent resignations, is left with only 4 active members whose skills lie mostly outside the arts field.
The LGG Board has made great progress since its inception, in developing an exhibition space that markets a high standard of works by artists, local and beyond. However, there is still much to be done before our Shire can boast of having a community or regional gallery of any great significance in NSW.
It is therefore imperative to broaden the membership of the LGG Board to include members representative of the visual arts, specifically with experience in (fine) arts administration and gallery management if at all possible.
Staff comments by Sarah Ford, Manager Community Development, Corporate and Community Services
The Lone Goat Gallery Board has four community members. This presents a risk to the Board should a Board member resign or take a leave of absence. The Manager Community Development supports the recommendation to advertise for additional Board members with specific skills in visual arts, arts administration or community gallery experience.
Financial/Resource/Legal Implications:
Costs for placing an advertisement in Council Notices is allowed for in the Community Development Section 355 admiration budget.
Is the proposal consistent with any Delivery Program tasks?
SC 2.1.2 Provide meaningful and inclusive opportunities for volunteers
SC 2.4.1 Enhance opportunities for interaction with art in public spaces.
BYRON SHIRE COUNCIL
Notices of Motion 9.4
Notice of Motion No. 9.4 Esplanade Laneway, New Brighton
File No: I2018/855
I move:
1. That Council prioritise works to address the 4 main issues presently at play in the Esplanade Laneway, New Brighton in particular:-
a. Reconstruct the street surface with a full width of asphalt to accommodate short term parking if possible, allowing single vehicle access for emergency and garbage collection vehicles and address the drainage issues;
b. Provide local residential traffic unimpeded access into and out of their property;
c. Provide relevant signage limiting parking hours, no parking in driveways, no camping and no dumping of rubbish and green waste in addition to those identified in Res 18-090; and
d. Repair and improve dune fencing to prevent pedestrian trespassing and unapproved access over the dunes to the beach.
2. That Council expedite the installation of regulatory signage as per Res 18-090.
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1 Esplanade Laneway NoM Attachment, E2018/38916 ⇨
Signed: Cr Alan Hunter
Councillor’s supporting information:
Council needs to be able to provide reasonable service for all rate paying residents and this is presently not the case in The Esplanade Lane, New Brighton.
Eight of the residents that access the laneway are currently denied the services normally expected in the rest of the shire. These are outlined in a letter to council sent in October 2017 and in part attached to this Motion.
It is of concern that Council hasn’t appeared to account for the change in the adjacent companion animal off-leash area that starts from level with Strand Avenue and extends to 500 metres north of the northern break wall of the Brunswick River. Patrons of this area often can only park in the laneway causing mayhem for residents.
On behalf of these residents I ask for your support to provide a better service normally expected of council.
Staff comments by Tony Nash, Manager Works, Infrastructure Services Directorate:
(Management Comments must not include formatted recommendations – resolution 11-979)
The issue of traffic, parking and access to residential properties in this section of The Esplanade was considered by the Local Traffic Committee at their meeting on 16 January 2018 and their recommendation was considered at the Council meeting on 22 February 2018 with the following resolution:
Res 18-090
That the Local Traffic Committee recommend to Council to regulate parking in the Southern cul-de-sac end of The Esplanade, New Brighton through the installation of “No Parking” and “Parallel Parking” and other relevant and appropriate signage to improve access for residents and service vehicles.
The cost to install the new no parking and parallel parking signs is in the range of $6,000 to $8,000 and is currently unfunded in both the 2017/18 budget and that proposed for 2018/19.
The southern section of The Esplanade which is the subject of the LTC report is approximately 200m long and the road pavement and associated assets are either in very poor condition or non-existent. The road reserve has a number of beach accesses, trees, retaining walls, dune fencing, private plantings and there is no area at the end of the road for vehicles to turn around.
This NOM is requesting the repair and improvement of dune fencing for beach access and to prevent unapproved access across the dunes; and priorization of civil works to construct road pavement and associated assets to provide unhindered access to residential properties; single vehicle access for emergency vehicles and garbage trucks; provision of short-term parking, if possible, and to address stormwater drainage issues.
Additional signage for time-limited parking, no dumping of rubbish and green waste is also requested. The additional sign works would be expected to cost in the range of $1,000 to $2,000.
The requested dune fencing and civil works proposed in this NOM need to be investigated to determine what can be done in this space in the road reserve and at what cost. This would include consideration for traffic, on street parking, end of road turnaround for vehicles and driveways to the residential properties, whilst having no or minimal impact on trees, plantings and other existing structures. Preliminary estimates are that these works could be in the range of $200,000 to $300,000.
An option is to undertake initial survey, civil design and other investigations to determine the works required and provide a more detailed and known cost estimate with funding of any actual works provided in a future financial year. An initial budget of $20,000, approximately 10% of total project cost, would be sufficient to undertake the survey design and other investigations. At present there is no funding in both the 2017/18 budget and that proposed for 2018/19 for these dune and civil works in the southern section of The Esplanade.
Financial/Resource/Legal Implications:
Council Res 18-111 is applicable;
Res 18-111
5. That Council reaffirm that no expenditure is to occur without an approved budget backed by resolution of Council.
Initial cost estimates for RES 18 - 090 for the new signage and also for the additional signage for no dumping and green waste are in the range of $7,000 to $9,000.
An initial budget of $20,000, approximately 10% of total project cost would be sufficient to undertake the survey design and other investigations for the civil works and dune fencing / beach access works.
Funding for these investigative works is best considered as part of the discussions on the capital works budgets for 2018/19 FY as it is likely that adjustments to proposed budgets for projects nominated in 2018/19 will be required to provide this funding, as there is no easily identifiable, unallocated funding for these new works.
Options for providing the funds in 18/19 are detailed below. As the works proposed in this NOM are new works certain sources of funds are not allowable or not applicable, such as:
· 17/18 Special rate variation
· S94 (not listed in current plans)
The allowable sources of funds are:
ü Revenue
ü Infrastructure Renewal Reserve (IRR- Non Byron Bay funding)
ü Existing SRV
Projects where all or part of the funding could be diverted to this section of The Esplanade are listed in the following table:
Project |
Location |
Type |
Total Budget |
Budget options for funding The Esplanade |
Source of Funds
|
Footpaths, Kerb & Gutter |
|
|
|
|
|
Access ramps and footpaths Works |
Other |
Upgrade |
62,500 |
44,000 |
Existing SRV |
Replacement of damaged Kerb and Gutter Shire Wide as per inspection Report |
Other |
Renewal |
26,200 |
23,900 |
Existing SRV |
Replacement of damaged Footpaths Shire Wide as per inspection Report |
Other Other |
Renewal |
123,400 |
84,300 |
Existing SRV |
Reseals |
|
|
|
|
|
Goonengerry Road CH7270-13630 |
Other |
Renewal |
220,700 |
21,500 |
Existing SRV |
Left Bank Road 4850-5500
|
Other |
Renewal |
28,100 |
28,100 |
Existing SRV |
Main Arm Road CH9030-9400 |
Other |
Renewal |
21,500 |
21,500 |
Existing SRV |
Myokum Street CH0-274 |
Other |
Renewal |
12,100 |
12,100 |
Existing SRV |
Stuart Street CH980-1140 |
Other |
Renewal |
7,400 |
7,400 |
Existing SRV |
The Manse Road CH20-880 |
Other |
Renewal |
51,600 |
51,600 |
Existing SRV |
Repentance Creek Road CH2620-4695 |
Other |
Renewal |
81,300 |
81,300 |
Existing SRV
|
Other |
|
|
|
|
|
Development of an Integrated Shire-wide Transport Strategy |
Other |
New |
75,000 |
75,000 |
IRR |
Clifford St / Broken Head Road intersection - initial safety works |
Suffolk Park |
Renewal |
80,000 |
80,000 |
IRR |
Mafeking Rd - construction & sealing |
Other |
Upgrade |
110,000 |
110,000 |
Revenue |
Cedar Rd - construction & sealing |
Other |
Upgrade |
27,000 |
27,000 |
Revenue |
CPTIGS - Bus Shelters |
Other |
New |
60,000 |
60,000 |
Revenue |
|
|
|
|
727,700 |
SUBTOTAL |
Is the proposal consistent with any Delivery Program tasks?
Yes
Action CI2.3.1 in the 2017/18 Delivery Plan is “Deliver the approved Capital Works Program” by “Implementation of approved and funded capital projects.”. This can be achieved for this NOM with the provision of budgets by Council.
BYRON SHIRE COUNCIL
Notices of Motion 9.5
Notice of Motion No. 9.5 Clay Heath Restoration Project Stakeholder Concerns
File No: I2018/856
I move:
1. That Council contact NPWS regarding the Clay Heath Restoration Project on Paterson Hill and request the following:
a) That NPWS cease the clearing of trees in the area for six weeks;
b) That Council hold a meeting of stakeholders including:
· Tamara Smith, MP for Ballina · NPWS representatives · Andy Baker, ecologist for NPWS and lead of the Clay Heath restoration project · Councillors · Affected residents · Council ecologists.
2. That the stakeholder meeting takes place within a month of this meeting. |
1 Baker 2010 Clay Heath Restoration Management Plan, DM1052376 ⇨
2 Pacific Vista Drive Planting Proposal, E2018/39568 ⇨
3 Letter of support Pacific Vista weed control, E2017/11474 ⇨
Signed: Cr Cate Coorey
Councillor’s supporting information:
Having met with residents, Tamara Smith and an ecologist on the site, it seems advisable that some clarity and better communication needs to be achieved around the work being undertaken in the National Park area at Paterson Hill. Whilst few would argue with good ecological outcomes, such as the restoration of the Graminoid Clay Heath EEC, residents are very concerned at what is going on around them and, despite querying Council staff and NPWS staff, several residents are confused and do not feel their enquiries are being properly addressed.
It should be noted that Council does not necessarily take a position on the works being undertaken but is acting to dissipate community concern and confusion.
In light of the confusion felt among residents given inconsistent and apparently conflicting information from Council staff and NPWS regarding:
· the poisoning of trees in the area – allegedly as past of the Clay Heath EEC restoration project although some others appear to have been poisoned that are not in the project;
· the apparent apportioning of grant funding for the project that NPWS has no knowledge of;
· the canvassing of local residents to contribute to tree clearing costs in front of their homes (by whom and for what?), and,
· the general dismay at seeing hundreds of trees removed,
· it is advisable that a meeting of the stakeholders be convened as soon as possible.
Staff comments by Clare Manning Biodiversity Officer Sustainable Environment & Economy
The Byron Bay Dwarf Graminoid Clay Heath Community (Graminoid Clay Heath) is an Endangered Ecological Community (EEC) consisting of low-growing woody shrubs and grasses. Graminoid Clay Heath is only found at two locations in Byron and Tweed Shire. It provides unique habitat to a range of threatened flora and fauna. Graminoid Clay Heath is also a significant cultural landscape for the Bundjalung of Byron Bay Arakwal People who used fire to maintain the heathland as a vital source of bush foods including edible tubers. In Byron Shire, only 16 ha of this community remain in Byron Bay, occurring in small, disturbed and isolated fragments.
Guided by a detailed restoration management plan (Attachment 1) Council staff and the National Park & Wildlife Service have been working in partnership for almost a decade to restore the Graminoid Clay Heath and the natural processes it relies on to survive. The aim is to restore the structure, function, dynamics and integrity of the Graminoid Clay Heath vegetation and the habitats they support. This primarily involves:
· Eradication of environmental weeds.
· Native seed collection, propagation and planting
· Undertaking ecological burns. Some sites have already had successful ecological burns in 2008, 2009, 2015 and 2018 with the operational support of the National Park & Wildlife Service, Fire & Rescue NSW, NSW Rural Fire Service and Ballina Aviation Services.
· Control of trees displacing the Graminoid Clay Heath. Trees including native tree shading out the Graminoid Clay Heath are removed or killed in-situ.
The work has been undertaken with a combination of funding sources from Council, National Park & Wildlife Service, external funds e.g. from the NSW Environmental Trust and private contributions.
Since commencement of restoration works, consultation with all stakeholders including immediately adjoining residents to the Graminoid Clay Heath have been undertaken. This includes consultation with directly affected residents at Pacific Vista Drive to which this matter relates too (Attachment 2). A resident meeting was held on the 21 February 2018 with Council staff and Dr. Andy Baker of Wildsite Ecological Services. It is noted that while not every resident on Pacific Vista Drive was consulted, those that were directly in the line of the works, were. Council provided a letter of support for restoration works on 16 February 2017 (Attachment 3).
Council staff has responded to previous enquiries from Tamara Smith, MP for Ballina on 7 March 2018 on Graminoid Clay Heath restoration works in general and associated works in the area on Pacific Vista Drive.
As staff have already engaged with directly affected residents, clarity is required on who are the ‘affected residents’ to invite their attendance to the stakeholder meeting as recommended by this NOM.
Financial/Resource/Legal Implications:
There will likely be costs associated with the consultant attendance.
Is the proposal consistent with any Delivery Program tasks?
Yes
BYRON SHIRE COUNCIL
Submissions and Grants 11.1
Report No. 11.1 Byron Shire Council Grants and Submissions as at 7 May 2018
Directorate: Corporate and Community Services
Report Author: Jodi Frawley, Grants Co-ordinator
File No: I2018/843
Theme: Corporate Management
Governance Services
Summary:
Council have submitted applications for a number of grant programs which, if successful, would provide significant funding to enable the delivery of identified projects. This report provides an update on these grant submissions.
In March and April, Council sought applications from the community for the Stronger Country Communities Fund (Round 2) to be submitted by Council. Thirty-one applications were received totalling $8.9M. These are documented in the report.
RECOMMENDATION: That Council note the report and attachments #E2018/38160 and #E2018/38131
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1 BSC Grants and Submissions as at 7 May for 24 May Ordinary Meeting, E2018/38160 ⇨
2 Stronger Country Communities Fund Round 2 Supplementary Register May 2018, E2018/38131 ⇨
This report provides an update on grant submissions including funding applications submitted and new potential funding opportunities.
In March and April, Council sought applications from the community for the Stronger Country Communities Fund (Round 2) to be submitted by Council. Thirty-one applications were received from a range of community groups. The projects totalled $8.9M. These are documented below and in Attachment 2.
Successful Applications
· Illegal Dumping and Littering Education and Enforcement Plan, NSW Environmental Protection Authority - $79,400
Applications Submitted
· Byron Bay Skatepark, Regional Sports Infrastructure Fund (NSW Department of Premier and Cabinet
· Stronger Country Communities Fund Round 2 (NSW Department of Premier and Cabinet):
o A Covered Deck for Coorabell Hall
o A New Modern Amenities Building for Mullumbimby Leagues Club and the Local Community
o Bangalow Community Children’s Centre Needs a Hug
o Byron Bay Surf Club Life Saving Club – Roof Sheeting Replacement & Exterior Painting Works
o Byron Shire Flood Warning Network
o Community Arts Hub
o Community Fitness for Mullumbimby
o Connecting Suffolk Park's Cyclists to Byron Bay
o Construction of Amenities Building, Toilet/Change Rooms with Associated Infrastructure at the Eureka Public Recreation Reserve
o Essential Upgrade to the Heritage-Listed Eureka Hall - Outdoor Landscaping, Disabled Toilets and Kitchen Renovation
o Establishing a Community Rainforest Tree Nursery and Planting Scheme in the Byron Shire
o Joining The Dots: Revitalising Bangalow Parklands By Building Footpaths and Parking to Connect The Community
o Left Bank Road Shared Pedestrian/Bike Pathway - Tuckeroo Ave to Population & Education Hubs
o Main Arm Bikeway – Causeway Deck
o Make Byron Theatre a Better Experience
o Mullumbimby Community Garden Harvest Community Kitchen
o Mullumbimby High School Bus Interchange Shelters
o Mullumbimby Tennis Club: Two New Hard Courts
o Multi-Use Recreational Circuit - Cavanbah Centre
o Netball Courts to Facilitate the Growth of the Bangalow Netball Club
o New Playground and Native Learning Garden at Main Arm Upper Primary School for The Community and Environs
o Refurbish and Upgrade the Ocean Shores Country Club Swimming Pool and Lawn Bowls precincts
o Refurbishment and Enhancement to the Drill Hall Building of the Mullumbimby District Cultural Centre
o Refurbishment and Equipment Supply for the Lone Goat Community Gallery, Byron Bay – 2018
o Refurbishment of Bangalow Lions Club Bar & BBQ Kiosk at Bangalow Showground
o Refurbishment of CWA Hall, Brunswick Heads
o Refurbishment of Downstairs Kitchen and Undercover Area at Mullumbimby Golf Club
o Refurbishment of The Brunswick Valley Historical Society Inc’s (BVHS) Museum Buildings in Mullumbimby
o Refurbishment of The Mullumbimby War Widow’s Cottage Bathroom, Laundry and Training Room for Youth Activities
o Resurfacing Of Two Synthetic Tennis Courts, Replacement of Four Net Posts at Booyong Recreation Reserve
o Shared Cycleways – Connecting Places and Spaces in Ocean Shores
o The Mullumbimby Gateway – Repair & Renew
o To Expand and Enhance Suffolk Park Recreational Sports Field
o Total Refurbishment of the Sub-Standard Torakina Amenities Block in Brunswick Heads
Additional information on the grant submissions made and/or pending is provided in Attachment 1 – Submissions and Grants report as at 7 May 2018 and Attachment 2 – Stronger Country Communities Fund Round 2 Supplementary Register.
Financial Implications
If Council is successful in obtaining the identified grants more than $18 million would be achieved which would provide significant funding for Council projects. Some of the grants require a contribution from Council (either cash or in-kind) and others do not. Council’s contribution is funded. The potential funding and allocation is noted below:
Requested funds from funding bodies |
18,848,875 |
Council cash contribution |
10,393,699 |
Council in-kind Contribution |
330,158 |
Other contributions |
17,324,960 |
Funding applications submitted and awaiting notification (total project value) |
46,897,692 |
Statutory and Policy Compliance Implications
Council is required under Section 409 3(c) of the Local Government Act 1993 to ensure that ‘money that has been received from the Government or from a public authority by way of a specific purpose advance or grant, may not, except with the consent of the Government or public authority, be used otherwise than for that specific purpose’. This legislative requirement governs Council’s administration of grants.
BYRON SHIRE COUNCIL
Staff Reports - Corporate and Community Services 13.1
Staff Reports - Corporate and Community Services
Report No. 13.1 Council Resolutions Quarterly Review - 1 January 2018 to 31 March 2018
Directorate: Corporate and Community Services
Report Author: David Royston-Jennings, Corporate Governance Officer
File No: I2018/631
Theme: Corporate Management
Governance Services
Summary:
This report provides an update on the status of Council resolutions.
Council should note that 195 resolutions were completed during the period 1 January to 31 March 2018. This is an increase of 143 resolutions compared with the same time period in 2017.
There were 121 active resolutions as at 31 March 2018. This is a decrease of 10 resolutions compared with the previous reporting period as at 31 December 2017, on which date there were 131 active resolutions.
Resolutions could be active or overdue as a result of budget constraints, staff resourcing, extended negotiations with stakeholders, or other reasons.
RECOMMENDATION: That Council: 1. Note the information provided in this report on active Council Resolutions in Attachment 1 (#E2018/28602).
2. Note the completed Resolutions in Attachment 2 (#E2018/36724).
3. Close Resolutions 11-646, 14-096 and 18-193, due to them being no longer relevant, superseded by subsequent resolutions, or not resourced.
4. Alter the reporting requirement determined in Resolution 17-136, regarding Council’s Online Road Register, from monthly to quarterly updates. |
1 Active Resolutions as at 31 March 2018, E2018/28602 ⇨
2 1 January 2018 - 31 March 2018 Completed Resolutions Report , E2018/36724 ⇨
Report
This report provides a quarterly update on the status of Council Resolutions to 31 March 2018.
As at 31 March 2018:
· 195 resolutions were completed since 1 January 2018
· 121 resolutions remained active
The active Council resolutions per Council terms are provided below:
· 112 active Council Resolutions from current Council (2016-2020)
· 8 active Council Resolutions from previous Council (2012-2016)
· 1 active Council Resolution from prior Council (2008-2012)
Resolutions completed during this reporting period include the adoption of the compliance priorities program for 2018, ensuring the correct spelling of Dening on all signage, nominating Cr Richardson as delegate to the LGNSW Tourism Conference and Australian Coastal Councils Conference, adoption of the Commercial Use of Road Reserves Policy, amending time limits to paid parking in Byron Bay, nominated Councillors to the new Biodiversity Advisory Committee and Sustainability and Emissions Reduction Advisory Committee and approving the inclusion of the Council area in the Joint Organisation’s area.
Details of completed resolutions for the period are provided at Attachment 2 (E2018/36724).
Table 1 provides a summary of Council resolutions that are no longer relevant or that have been superseded either by other resolutions, legislative change or other matters.
Table 1: Council resolutions that are no longer relevant or that have been superseded by other resolutions:
Meeting Date |
Resolution No. |
Report Title |
Staff Comments and Recommendation |
20 March 2014 |
14-096 |
Noise investigation at Suffolk Park Skate Park |
Final outstanding item is:-
c) modifications to the amenities building, with new change rooms and canteen, subject to plans being developed and approved by council's infrastructure services division and quotes indicating the works can be built within budget, providing funds of $100,000
The Open Space Team are currently undertaking community consultation for the Suffolk Park Recreation Grounds master plan and subsequent Plan of Management for this precinct.
Amenities project transferred to Open Space and is to be delivered in line with the future adopted Plan of Management for this precinct.
Consultation with the Soccer Club, Suffolk Park Progress association and Staff was undertaken in May 2018 specific to these amenities for project consideration within the Draft Plan of Management for Council Consideration.
On the above basis, it is recommended that this resolution be closed as item c) is to be addressed through the development and adoption of a Plan of Management for the Suffolk Park Recreation Grounds. |
25 August 2011 |
11-676 |
Commercial Bins in Lawson Street (north) Car Park, Byron Bay |
The original report to Council provided the following recommendation to address the historic (over 20 years) issue associated with businesses storing commercial skip bins on the community land parcel in the Lawson Street North car park.
RECOMMENDATION:
1. That Council proceed with an amendment to the LEP to provide for the reclassification of the Community Land at Lot 4 DP 827049 to Operational Land to permit the leasing of land for the purposes of businesses to operate commercial waste bins upon the land.
2.That subject to finalisation of the reclassification processes:
(a) Council requires all land holders / business operators and a licensed waste disposal company, utilising the Lawson Street (north) car park for the disposal of waste, to enter into a lease arrangement with Council for the commercial use of the public land following the reclassification of the land to operational.
(b) Council include in the lease arrangements a fee to be set on an annual basis and that all costs associated with creating the leases be met by the applicants.
(c) Council require, as part of the lease arrangements, the land holders / business operators and a licensed waste disposal company to fully fund the screening of the garbage bins, with the screen to be designed and erected following approval of Council and at no cost to Council.
(d) the requirements of 2(a), (b) and (c) above be implemented in all operational public areas across the town centres of the Shire, where land holders / business operators utilise public land for the disposal of their garbage as resources permit.
3. That Council compliance officers enforce regulations as they pertain to health and the environment to ensure the areas around the commercial garbage bins in the Lawson Street north car park are maintained and kept clean as an interim measure until the lease arrangements come into effect.
Council resolved after consideration of this report:
that a further report be furnished regarding other existing commercial uses within Lot 4 DP 827049
Since this resolution a number of operational and strategic factors have emerged that have impacted on both the progression and direction of that resolution. These include: • An organisational restructure • Shift in staff responsibilities, priorities and resourcing levels • Commencement of the master planning process • Similar issues becoming evident in Lawson Street (South) car park and other areas throughout Byron Bay (and the Shire). • Development of services and programs to enable improved commercial waste management practices (e.g. Plastic Free Alliance Byron project, commencement of a private commercial organics collection service, Bin Trim etc).
Responsibility for actioning this resolution has subsequently been transferred to the Resource Recovery Team. Staff have reviewed the original report, conducted preliminary consultation with current key stakeholders and conducted compliance action to address some of the immediate litter and illegal dumping issues.
In light of the abovementioned factors, staff plan to provide Council with an updated recommendation report for consideration which will involve a contemporary multi-faceted solution of improved waste management practices, infrastructure, potential leasing arrangements and ongoing surveillance and compliance action if required.
As such, it is recommended that resolution 11-646 be closed. |
Table 2 provides a summary of Council resolutions that cannot be implemented due to resources not being available, allocated, or are allocated to other adopted projects, services, activities or works. Any resulting decisions of Council will be incorporated into the next quarterly review of resolutions.
Table 2: Council resolutions that are not resourced
Meeting Date |
Resolution No. |
Report Title |
Staff Comments and Recommendation |
22 March 2018 |
18-193 Item 4 |
Water and Sewer Equivalent Tenements Policy |
The policy is written around the Water Directorate Guidelines which are based on state wide data and statistics. It is a significant resourcing issue to separately meter categories of businesses and is beyond the capacity of Council’s trade waste capacity. |
Table 3 provides a summary of Council resolutions which are complete but require review:
Table 3: Council resolutions requiring review
Meeting Date |
Resolution No. |
Report Title |
Staff Comments and Recommendation |
24 April 2017 |
17-136 |
Online Road Register |
It is requested that Council consider modifying the requirement from monthly updates to quarterly updates. This will allow for better management and will align with Council’s quarterly budget review processes and reporting to Council. In this way, the updates to the website will be made once Councillors have had the opportunity to receive a report and consider any necessary budget implications associated with proposed program changes. |
Financial Implications
A number of resolutions note that resource constraints limit completion of action required.
Statutory and Policy Compliance Implications
· Council requires a quarterly report be prepared to allow it to consider the six monthly Operational Plan and Quarterly Budget reviews along with a review of Council Resolutions.
· Implementation of Council Resolutions in accordance with the Local Government Act 1993.
· This report has been prepared in accordance with Part 3c) of Resolution 14-417.
BYRON SHIRE COUNCIL
Staff Reports - Corporate and Community Services 13.2
Report No. 13.2 Proposed Rural Fire Service Relocation to Cook Pioneer Centre
Directorate: Corporate and Community Services
Report Author: Joanne McMurtry, Community Project Officer
File No: I2018/670
Theme: Society and Culture
Community Development
Summary:
Consideration is being given to relocate the Rural Fire Service administration to Cook Pioneer Centre in Mullumbimby. Co-locating the Rural Fire Service in the Mullumbimby civic precinct provides opportunity improve connections with all emergency combat agencies including Police, Ambulance, Courts, Fire as well as the Mullumbimby District Neighbourhood Centre. The proposed location for the RFS administration centre opens opportunities for collaboration with other emergency services and community organisations in the precinct to work together and improve community outcomes.
RECOMMENDATION: That Council: 1. Note the report and plans to relocate the Rural Fire Service from Council’s Administration building to a more suitable location at the Cook Pioneer Centre.
2. Terminate from 30 June 2018 the Delegated Authority under Section 377 of the Local Government Act 1993 for a Section 355 Management Committee to manage the Cook Pioneer Centre, Mullumbimby.
2. Formally thank the members of the Section 355 Management Committee for their years of effort and time in contributing to the community by managing the Cook Pioneer Centre.
3. Continue to cover the costs of networking lunches and a small amount for room hire fees up to $1,800 per annum, until the end of the current term of Council (September 2020) at which time this will be reviewed, in recognition of the work of the Mullumbimby Senior Citizens group.
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Report
Council has been in discussions with the Rural Fire Service (RFS) for a number of months regarding a suitable location for their administration office. Presently they are located in the end of the Mullumbimby Council Administration Centre which has limited customer interface and accessibility.
One of the key learnings from the recent impact of ex-tropical cyclone Debbie is that community and combat agencies need to have improved access and connection. Consideration is being given to relocate the Rural Fire Service administration centre to Cook Pioneer Centre in Gordon Street Mullumbimby. Co-locating the Rural Fire Service in the civic precinct provides opportunity improve connections with all combat agencies including Police, Ambulance, Courts, Fire as well as the Mullumbimby District Neighbourhood Centre. The proposed location for the RFS administration centre opens opportunities for collaboration with other emergency services and community organisations in the precinct to work together and improve community outcomes.
In natural disaster response planning and implementation, improved outcomes are achieved where ease of access to services and open communication channels are present. The relocation of the Rural Fire Service provides a more prominent and accessible street frontage for the service. Community resilience is improved where members of the public are active in the planning and readiness phase and the new location places the Rural Fire Service near their existing depot and provides for their office to be more accessible to all community members in a dedicated civic space.
The Byron and Ballina Shires operate a Service Level Agreement (SLA) under the provisions of the Rural Fires Act 1997 (NSW) which was last entered into on 1st July 2010. The term of the agreement continues until it is terminated pursuant to the provisions of clause 14. Clause 14 provides for a termination of the agreement "upon the expiration of six months notice in writing given by either the Councils or the Commissioner”.
Schedule 1 to the agreement identifies the Premises that the Commissioner (hence the Rural Fire Service) will occupy and use in execution of the Service Agreement. This includes stations, Fire Control centres and radio repeater sites etc. It also covers State wide common maintenance responsibilities for these premises.
The current agreement lists the Station St Council Admin Mullumbimby (Lot 10; DP 850902; Property No 1154820) for purposes of housing the ‘Fire Control Office’. In a letter dated 21 September 2017 to Council, the Deputy Commissioner of the NSW Rural Fire Service acknowledges the proposed “repositioning of the NSW RFS Office to a more central location, that will better support the local Volunteers and community” (S2017/18042). Discussions have been continuing with the local RFS management about a potential relocation to Cook Pioneer Centre.
Section 355 Management Committee
Council have consulted with the Section 355 Management Committee managing the Cook Pioneer Centre and wish to acknowledge the wonderful contribution the current Section 355 Committee has made to the Hall over many years, including the ongoing care and maintenance if this important asset.
The Section 355 Management Committee for Cook Pioneer Centre was first formed in 2002 when the Mullumbimby Senior Citizens Club relinquished their incorporated status. The Mullumbimby Senior Citizens Autumn Club was first formed in 1958 and they financed and built the Centre by setting up a trust, with the facility first opening in 1971. The facility was taken over by Council in 1988 with various management models used between 1988 and 2002.
The relocation of the Rural Fire Service will require the current Section 355 Management Committee to be disbanded and all hirers to be informed that the hall will cease to be a hireable space beyond 30 June 2018. In this regard, Council will support a smooth transition and provide assistance to the committee to find hirers alternative spaces for their activities. A number of alternative options for hirers have already been identified.
Current use of the hall includes 10 regular weekly/ monthly bookings and approximately 3 – 4 calls per month for ad-hoc bookings. Cook Pioneer Hall is one of a number of halls available for hire in Mullumbimby. Availability of alternative hireable space was a consideration in the proposal.
Hire fees for Cook Pioneer hall is comparable to other venues as per below:
· Cook Pioneer Hall - $10 per hour
· Mullumbimby Civic Hall –front room $15 per hour community rate
· Drill Hall - $20 per hour
· CWA Meeting space - $10 per hour
· Uniting Church Hall - $10 per hour
· St Johns school hall - $30 per hour with minimum time limits that apply
· Mullumbimby Primary School hall $30 per hour
· Wildspace at Mullumbimby Commons - free to not-for-profit groups or $20 per hour
In recognition of the work of the Mullumbimby Senior Citizens group, it is recommended continue to cover the costs of networking lunches until the end of the current term of Council (September 2020) at which time this will be reviewed. If required, Council will also consider covering the cost of venue hire for regular Hoy and Mullumbimby Senior Citizens meetings.
Financial Implications
The total budget available per annum for networking lunches and room hire for Hoy and meetings is $1,800 which will be funded from the Section 355 Committee reserve for Cook Pioneer Centre.
The fit out of the Cook Pioneer Centre to facilitate the Rural Fire Service move is estimated at $208,360. Council have applied for a Liquor and Gaming NSW Infrastructure Grant (Clubgrants) for $104,180 towards the cost of the fit out. The outcome of the grant application is expected during May 2018. The Special Rates for Community Buildings budget has an allocation of $104,180 in the 2018/2019 Draft Budget for the project, noting that works to undertake rectification after asbestos removal had already been identified for the building.
Statutory and Policy Compliance Implications
Section 355 and Section 377 of the Local Government Act 1993.
The Byron and Ballina Shires operate a Service Level Agreement (SLA) under the provisions of the Rural Fires Act 1997 (NSW) which was last entered into on 1st July 2010. The term of the agreement continues until it is terminated pursuant to the provisions of clause 14. Clause 14 provides for a termination of the agreement "upon the expiration of six months notice in writing given by either the Councils or the Commissioner”.
BYRON SHIRE COUNCIL
Staff Reports - Corporate and Community Services 13.3
Report No. 13.3 Section 355 Management Committee matters
Directorate: Corporate and Community Services
Report Author: Joanne McMurtry, Community Project Officer
File No: I2018/702
Theme: Society and Culture
Community Development
Summary:
This report updates Council on recent resignations and proposed appointments to various committees.
RECOMMENDATION: 1. That the resignation from Shanti Des Fours from Lone Goat Gallery Board of Management be accepted and a letter of thanks provided.
2. That the resignations from Sarah Connellan and Ruth Ryan from the Bangalow Parks Trust Management Committee be accepted and that letters of thanks be provided.
3. That the nomination from Murray Hand be accepted for the Bangalow Parks Trust Management Committee.
4. That the resignation from Peter Mortimore from the Bangalow A&I Hall Board of Management be accepted and a letter of thanks provided. |
1 Confidential - Confidential attachment to Council report 24 May 2018 additional community representatives for Section 355 committees, E2018/34397
Resignations and Committee appointments
This report details resignations and proposed new appointments for Section 355 committees where nominations have been received.
Lone Goat Gallery Board of Management
A resignation has been received from Shanti Des Fours.
Current members of this Management Committee are:
Councillors
Cr Jan Hackett
Cr Sarah Ndiaye (alternate)
Community Representatives
Margaret White (leave of absence)
Denise Napier (Chair)
Maureen Lightfoot (Treasurer)
Faye Dorczak (Secretary)
Management Recommendation
That the resignation from Shanti Des Fours be accepted and a letter of thanks be provided.
Bangalow Parks Trust Management Committee
A resignation has been received from Sarah Connellan and Ruth Ryan.
A nomination has been received for the Bangalow Parks Trust Management Committee. Details of nominees can be found in the confidential attachment.
Current members on this Management Committee are:
Councillors
Cr Simon Richardson
Community Representatives:
Neville Maloney (Treasurer)
Peter James Hill
Ian Grissell
Jan Hulbert (Chair)
Toni Appleton
Troy Delaney (Bookings)
Stephen Jarrett
Michael Omeara
Jed Patterson
Management Recommendation:
That the resignations from Sarah Connellan and Ruth Ryan be accepted and a letter of thanks be provided. That Murray Hand be appointed to the Bangalow Parks Trust Management Committee.
Bangalow A&I Hall Board of Management
A resignation has been received from Peter Mortimore.
Current members on this Board of Management are:
Councillors
Cr Cate Coorey
Community Representatives:
Tony Heeson (Chair)
Peta Heeson (Treasurer)
Roland Dickson (Vice Chair)
Don Osborne (Secretary)
Damon Lewis
John Hudson
Adrienne Lester
Management Recommendation:
That the resignation from Peter Mortimore be accepted and a letter of thanks be provided.
Financial Implications
Community Members of Section 355 Management Committees are volunteer positions unless otherwise resolved by Council.
Statutory and Policy Compliance Implications
Management Committees and Boards of Management operate under Guidelines which states:
3.2 Committee Membership
Committee membership will number not less than four and not more than nine and each committee will state the actual number in their Terms of Reference unless otherwise decided by Council. The exception will be the Bangalow Parks (Showground) committee which numbers twelve. Council reserves the right to appoint up to two Councillors to each Committee. The total number of members includes office bearer committee members and Councillor members which are appointed by Council.
Whilst no particular qualifications are necessary (not withstanding 3.1.a), a commitment to the activities of the Committee and a willingness to be actively involved in Committee issues is essential. Committees work best when the workload is shared amongst committee members and there is evident goodwill and cooperation amongst members.
Further information on the operations and meeting minutes for these Committees and Boards can be found on Council’s web site at http://www.byron.nsw.gov.au/section-355-committees.
BYRON SHIRE COUNCIL
Staff Reports - Corporate and Community Services 13.4
Report No. 13.4 LGNSW Regional Summit
Directorate: Corporate and Community Services
Report Author: David Royston-Jennings, Corporate Governance Officer
File No: I2018/787
Theme: Corporate Management
Councillor Services
Summary:
LGNSW will host a series of regional summits in 2018. The closest summit to Byron Shire will be held by Bellingen Shire Council on Thursday 12 July. This report has been prepared as a Councillor has expressed an interest in attending the Summit.
RECOMMENDATION: That Council authorise Cr _______ to attend the LGNSW Regional Summit held by Bellingen Shire Council on 12 July 2018.
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Report
LGNSW Members have continued to express a desire for engagement on a regional basis. As such, the LGNSW board have decided to explore the issue as part of the member research which was completed in 2017. In response to a subsequent Board motion to the 2017 Conference, LGNSW is now coordinating a series of 12 Regional Summits in 2018 to be held in various centres across NSW.
These summits will provide members with the opportunity to raise matters important to them and their local communities with the President, Board members and senior staff. This will also give Councils the opportunity to discuss and share initiatives and experiences with neighbouring Councils within their region.
The closest summit to Byron Shire will be held by Bellingen Shire Council at a venue to be confirmed on Thursday 12 July between 11am and 3pm.
Financial Implications
There is no registration fee for the Summit and, as the Summit concludes at 3pm and is within reasonable driving distance, it is not anticipated that the Councillor attending will require overnight accommodation.
As such, as of April 2018 there is sufficient funding to fund the cost of a delegate attending the proposed summit from this budget.
Statutory and Policy Compliance Implications
In accordance with Council’s Policy Mayor and Councillors Payment of Expenses and Provision of Facilities “A resolution of Council is required to authorise attendance of Councillors at …d) Any other discretionary conference, seminar or training.”
The nominated Councillor will be eligible to claim travel expenses incurred when travelling to the Summit, as per point 8.7 of the above policy, as part of their monthly expense claim.
BYRON SHIRE COUNCIL
Staff Reports - Corporate and Community Services 13.5
Report No. 13.5 Minutes of Public Art Panel meeting held 26 April 2018
Directorate: Corporate and Community Services
Report Author: Joanne McMurtry, Community Project Officer
File No: I2018/799
Theme: Society and Culture
Community Development
Summary:
A Public Art Panel meeting was held on 26 April 2018. This report provides the minutes of the meeting.
RECOMMENDATION: 1. That Council:
a) Note the success of the Stone & Wood Bike Rack project which proved to be an excellent collaborative effort between Council and Stone & Wood resulting in a benefit to the Byron Shire community
b) Approve the donation of ‘Happy Hoops’, the winning design, in four locations in Byron Bay as public art sculptural bike racks
c) Note Council is responsible for the installation of the pieces from the ‘Byron Streetscapes Renewal’ budget and the ongoing maintenance of them as for any public art piece owned by Council
2. That Council:
a) Hold a Public Art Panel extra-ordinary meeting from 3.30pm 15 May to enable the discussion of submissions to the draft Public Art Strategy. Note submissions close 30th April
b) Carry forward remaining unspent funds in the public art budget for 2017/18 to the 2018/19 financial year. This meets a recommendation of the draft Public Art Strategy to ‘pool funds’ to create a realistic public art budget for future commissions for quality public art
c) Note that a sub-committee of the following selected Public Art Panel members will work with staff to progress the commissioning of a public artwork for the Bayshore Drive Roundabout public art project: Lisa Hochhauser, Matthew Baird, and Julie Lipsett (Denise Napier alternate). Note Crs Ndiaye and Hackett will attend where possible.
3. That Council:
a) Adopt the draft Memorandum of Understanding between Council and Creative Mullumbimby
b) Note the Public Art Panel members selected to work with Creative Mullumbimby as outlined in the draft MOU are Cr Ndiaye (Cr Hackett alternate), Peter Wood and Denise Napier
c) Authorises the Manager Community Development to sign the MOU on behalf of Council. |
1 Larc Collective - Byron Bike Rack Project winners - Happy Hoops public art proposal, E2018/29659 ⇨
2 Draft Memorandum of Understanding: Public Art Partnership between Council and Creative Mullumbimby, E2018/29020 ⇨
Report
A Public Art Panel meeting was held on 26 April 2018. This report provides the minutes of the meeting. The meeting received information about art projects in the Shire and began some of the work towards the draft Public Art Strategy tasks.
A copy of the Agenda for the Public Art Panel meeting of 26 April 2018 can be found at the following link: https://byron.infocouncil.biz/Open/2018/04/PAP_26042018_MIN_822_WEB.htm
The Panel made several recommendations to Council as provided on the first page of this report, and these recommendations are supported by staff.
Regarding 4.1 Byron Bike Rack Project in collaboration with Stone and Wood, the final public art proposal information is provided in attachment 1.
Regarding report 4.4 Draft Memorandum of Understanding with Creative Mullumbimby, a copy of the draft MOU is provided in attachment 2.
Financial Implications
The Public Art budget year-to-date balance for 2017/18 financial year is approximately $23,600. The Public Art Panel did not make any recommendations this meeting to spend any of these funds.
The Panel have made a recommendation to carry forward remaining unspent funds in the public art budget to the 2018/19 financial year.
Statutory and Policy Compliance Implications
Public Art Policy
Draft Public Art Strategy
Public Art Guidelines and Criteria
BYRON SHIRE COUNCIL
Staff Reports - Corporate and Community Services 13.6
Report No. 13.6 Investments April 2018
Directorate: Corporate and Community Services
Report Author: James Brickley, Manager Finance
File No: I2018/812
Theme: Corporate Management
Financial Services
Summary:
This report includes a list of investments and identifies Council’s overall cash position for the month of April 2018 for Council’s information.
This report is prepared to comply with Regulation 212 of the Local Government (General) Regulation 2005.
RECOMMENDATION: That the report listing Council’s investments and overall cash position as at 30 April 2018 be noted. |
Report
In relation to the investment portfolio for the month of April 2018, Council has continued to maintain a diversified portfolio of investments. At 30 April 2018, the average 90 day bank bill rate (BBSW) for the month of March was 2.05%. Council’s performance to 30 April 2018 is 2.57%. Council’s performance is again higher than the benchmark. This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits and purchasing floating rate notes with attractive interest rates.
The table below identifies the investments held by Council as at 30 April 2018:
Schedule of Investments held as at 30 April 2018
Purch Date |
Principal ($) |
Description |
CP* |
Rating |
Maturity Date |
No Fossil Fuel ADI |
Type |
Interest Rate Per Annum |
Current Value |
28/10/16 |
650,000 |
Teachers Mutual Bank |
P |
BBB+ |
28/10/19 |
Y |
FRN |
3.17% |
653,642.89
|
24/03/17 |
1,000,000 |
NAB Social Bond (Gender Equality) |
P |
AA- |
24/03/22 |
N |
B |
3.25% |
1,011,100.17 |
31/03/17 |
1,000,000 |
CBA Climate Bond |
P |
AA- |
31/03/22 |
N |
FRN |
3.25% |
1,000,000.00 |
16/11/17 |
750,000 |
Bank of Queensland |
P |
BBB+ |
16/11/21 |
N |
FRN |
2.63% |
750,000.00 |
02/11/17 |
2,000,000 |
Police Credit Union |
P |
NR |
02/05/18 |
Y |
TD |
2.73% |
2,000,000.00 |
03/11/17 |
1,000,000 |
Maitland Mutual Building Society |
P |
NR |
02/05/18 |
Y |
TD |
2.55% |
1,000,000.00 |
17/11/17 |
1,000,000 |
Police Credit Union |
N |
NR |
17/05/18 |
Y |
TD |
2.75% |
1,000,000.00 |
23/11/17 |
1,000,000 |
The Capricornian Credit Union |
P |
NR |
23/05/18 |
U |
TD |
2.55% |
1,000,000.00 |
24/11/17 |
1,000,000 |
ME Bank |
P |
BBB |
24/05/18 |
Y |
TD |
2.55% |
1,000,000.00 |
28/11/17 |
1,000,000 |
Bananacoast Credit Union |
P |
NR |
28/05/18 |
Y |
TD |
2.65% |
1,000,000.00 |
30/11/17 |
2,000,000 |
NAB |
P |
AA- |
01/05/17 |
N |
TD |
2.49% |
2,000,000.00 |
08/12/17 |
2,000,000 |
ME Bank |
N |
BBB |
08/06/18 |
Y |
TD |
2.55% |
2,000,000.00 |
08/12/17 |
2,000,000 |
My State Bank |
P |
BBB |
08/06/18 |
Y |
TD |
2.65% |
2,000,000.00 |
19/12/17 |
2,000,000 |
Credit Union Australia |
P |
BBB |
19/06/18 |
Y |
TD |
2.60% |
2,000,000.00 |
02/01/18 |
2,000,000 |
ME Bank |
N |
BBB |
04/07/18 |
Y |
TD |
2.55% |
2,000,000.00 |
09/01/18 |
1,000,000 |
Gateway Credit Union |
P |
NR |
11/05/18 |
Y |
TD |
2.50% |
1,000,000.00 |
12/01/18 |
1,000,000 |
Bank of Queensland |
N |
BBB+ |
12/06/18 |
N |
TD |
2.55% |
1,000,000.00 |
12/01/18 |
1,000,000 |
Bankwest |
P |
AA- |
12/06/18 |
N |
TD |
2.55% |
1,000,000.00 |
23/01/18 |
1,000,000 |
AMP Bank |
P |
A |
23/07/18 |
N |
TD |
2.60% |
1,000,000.00 |
24/01/18 |
1,000,000 |
ME Bank |
N |
BBB |
24/07/18 |
Y |
TD |
2.60% |
1,000,000.00 |
29/01/18 |
2,000,000 |
Rural Bank |
P |
BBB+ |
30/07/18 |
Y |
TD |
2.60% |
2,000,000.00 |
31/01/18 |
2,000,000 |
AMP Bank |
N |
A |
03/08/18 |
N |
TD |
2.60% |
2,000,000.00 |
02/02/18 |
1,000,000 |
Rural Bank |
N |
BBB+ |
02/08/18 |
Y |
TD |
2.62% |
1,000,000.00 |
05/02/18 |
2,000,000 |
NAB |
N |
AA- |
07/05/18 |
N |
TD |
2.47% |
1,000,000.00 |
06/02/18 |
2,000,000 |
Bankwest |
N |
AA- |
15/05/18 |
N |
TD |
2.45% |
2,000,000.00 |
06/02/18 |
1,000,000 |
Gateway Credit Union |
N |
NR |
07/05/18 |
Y |
TD |
2.55% |
1,000,000.00 |
07/02/18 |
2,000,000 |
ME Bank |
N |
BBB |
08/05/18 |
Y |
TD |
2.45% |
2,000,000.00 |
07/02/18 |
2,000,000 |
Beyond Bank |
P |
BBB |
18/06/18 |
Y |
TD |
2.50% |
2,000,000.00 |
08/02/18 |
1,000,000 |
AMP |
N |
A |
08/08/18 |
N |
TD |
2.60% |
2,000,000.00 |
15/02/18 |
1,000,000 |
Bankwest |
N |
AA- |
15/06/18 |
N |
TD |
2.50% |
1,000,000.00 |
15/02/18 |
1,000,000 |
Police Credit Union Limited (SA) |
N |
NR |
15/08/18 |
Y |
TD |
2.61% |
1,000,000.00 |
16/02/18 |
1,000,000 |
Hunter United Employees Credit Union |
P |
NR |
17/05/18 |
U |
TD |
2.45% |
1,000,000.00 |
16/02/18 |
1,000,000 |
Gateway Credit Union |
N |
NR |
18/06/18 |
Y |
TD |
2.45% |
1,000,000.00 |
26/02/18 |
1,000,000 |
B & E Ltd (Bank of Us) |
P |
NR |
28/05/18 |
U |
TD |
2.48% |
1,000,000.00 |
26/02/18 |
1,000,000 |
ME Bank |
N |
BBB |
28/05/18 |
Y |
TD |
2.38% |
1,000,000.00 |
28/02/18 |
1,500,000 |
Defence Bank |
P |
BBB |
29/05/18 |
U |
TD |
2.40% |
1,500,000.00 |
28/02/18 |
1,000,000 |
ME Bank |
N |
BBB |
29/05/18 |
Y |
TD |
2.35% |
1,000,000.00 |
01/03/18 |
1,000,000 |
Defence Bank |
N |
BBB |
01/08/18 |
U |
TD |
2.50% |
1,000,000.00 |
05/03/18 |
1,000,000 |
NAB |
N |
AA- |
05/06/18 |
N |
TD |
2.54% |
1,000,000.00 |
06/03/18 |
2,000,000 |
My State Bank |
N |
BBB |
06/09/18 |
Y |
TD |
2.65% |
2,000,000.00 |
06/03/18 |
1,000,000 |
Bananacoast Credit Union |
P |
NR |
06/09/18 |
Y |
TD |
2.60% |
1,000,000.00 |
07/03/18 |
1,000,000 |
Beyond Bank |
N |
BBB |
09/07/18 |
Y |
TD |
2.50% |
1,000,000.00 |
07/03/18 |
1,000,000 |
Bananacoast Credit Union |
N |
NR |
07/08/18 |
Y |
TD |
2.55% |
1,000,000.00 |
14/03/18 |
1,000,000 |
NAB |
N |
AA- |
16/07/18 |
N |
TD |
2.58% |
1,000,000.00 |
15/03/18 |
1,000,000 |
Auswide Bank Ltd |
P |
BBB- |
15/06/18 |
Y |
TD |
2.51% |
1,000,000.00 |
15/03/18 |
1,000,000 |
The Capricornian Credit Union |
P |
NR |
15/06/18 |
U |
TD |
2.55% |
1,000,000.00 |
16/03/18 |
1,000,000 |
The Capricornian Credit Union |
N |
NR |
17/09/18 |
U |
TD |
2.80% |
1,000,000.00 |
28/03/18 |
1,000,000 |
Bankwest |
N |
AA- |
26/06/18 |
N |
TD |
2.50% |
1,000,000.00 |
04/04/18 |
2,000,000 |
Police Credit Union Limited (SA) |
N |
NR |
03/10/18 |
Y |
TD |
2.86% |
2,000,000.00 |
04/04/18 |
1,000,000 |
NAB |
N |
AA- |
04/07/18 |
N |
TD |
2.57% |
1,000,000.00 |
04/04/18 |
1,000,000 |
NAB |
N |
AA- |
04/10//18 |
N |
TD |
2.60% |
1,000,000.00 |
05/04/18 |
1,000,000 |
AMP |
N |
A |
02/10/18 |
N |
TD |
2.60% |
1,000,000.00 |
05/04/18 |
1,000,000 |
NAB |
N |
AA- |
05/07/18 |
N |
TD |
2.57% |
1,000,000.00 |
05/04/18 |
1,000,000 |
Police Credit Union Limited (SA) |
N |
NR |
02/10/18 |
Y |
TD |
2.85% |
1,000,000.00 |
06/04/18 |
1,000,000 |
Hunter United Employees Credit Union |
N |
NR |
05/07/18 |
U |
TD |
2.55% |
1,000,000.00 |
10/04/18 |
1,000,000 |
Bankwest |
N |
AA- |
09/07/18 |
N |
TD |
2.60% |
1,000,000.00 |
12/04/18 |
1,000,000 |
Bankwest |
N |
AA- |
12/07/18 |
N |
TD |
2.60% |
1,000,000.00 |
16/04/18 |
1,000,000 |
The Capricornian Credit Union |
N |
NR |
17/09/18 |
U |
TD |
2.74% |
1,000,000.00 |
17/04/18 |
1,000,000 |
Police Credit Union Limited (SA) |
N |
NR |
17/10/18 |
Y |
TD |
2.94% |
1,000,000.00 |
23/04/18 |
1,000,000 |
NAB |
N |
AA- |
23/07/18 |
N |
TD |
2.57% |
1,000,000.00 |
24/04/18 |
1,000,000 |
Bankwest |
N |
AA- |
23/07/18 |
N |
TD |
2.65% |
1,000,000.00 |
N/A |
74,941 |
CBA Business Online Saver |
N |
A |
N/A |
N |
CALL |
1.40% |
74,941.49
|
12/01/18 |
1,005,345 |
NSW Treasury Corp |
N |
AAA |
N/A |
Y |
CALL |
1.60% |
1,005,345.04 |
Total |
75,980,286 |
|
|
|
|
|
AVG |
2.57% |
75,995,029.59 |
Note 1. |
CP = Capital protection on maturity |
|
N = No Capital Protection |
|
Y = Fully covered by Government Guarantee |
|
P = Partial Government Guarantee of $250,000 (Financial Claims Scheme) |
|
|
Note 2. |
No Fossil Fuel ADI |
|
Y = No investment in Fossil Fuels |
|
N = Investment in Fossil Fuels |
|
U = Unknown Status |
Note 3. |
Type |
Description |
|
|
B |
Bonds |
Principal can vary based on valuation, interest payable via a fixed interest, payable usually each quarter. |
|
FRN |
Floating Rate Note |
Principal can vary based on valuation, interest payable via a floating interest rate that varies each quarter. |
|
TD |
Term Deposit |
Principal does not vary during investment term. Interest payable is fixed at the rate invested for the investment term. |
|
CALL |
Call Account |
Principal varies due to cash flow demands from deposits/withdrawals, interest is payable on the daily balance. |
Environmental and Socially Responsible Investing
An additional column has been added to the schedule of Investments above, to identify if the financial institution holding the Council investment, has been assessed as a ‘No Fossil Fuel’ investing institution. This information has been sourced through www.marketforces.org.au and identifies financial institutions that either invest in fossil fuel related industries or do not. The graph below highlights the percentage of each classification across Council’s total investment portfolio in respect of fossil fuels only.
The notion of Environmental and Socially Responsible Investing is much broader than whether a financial institution as rated by ‘marketforces.org.au’ invests in fossil fuels or not. Council’s current Investment Policy defines Environmental and Socially Responsible Investing at Section 4.1 of the Policy. Council’s Investment Policy can be found at the following link:
In this regard Council has an additional two investments that are with financial institutions that invest in fossil fuels but the purposes of the investments are in accord with the broader definition of Environmental and Socially Responsible investments as indicated below:
1. $1,000,000 investment with the National Australia Bank maturing on 24 March 2022 known as a Social Bond that promotes Gender Equity.
2. $1,000,000 investment with Commonwealth Bank maturing on 31 March 2022 known as a Climate Bond.
For the month of April 2018, as indicated in the table below, there is a dissection of the investment portfolio by investment type:
Dissection of Council Investment Portfolio as at 30 April 2018
Principal Value ($) |
Investment Linked to:- |
Current Market Value ($) |
Cumulative Unrealised Gain/(Loss) ($) |
Term Deposits |
71,500,000.00 |
0.00 |
|
2,400,000.00 |
Floating Rate Note |
2,403,642.89 |
3,642.89 |
74,941.49 |
Business On-Line Saver (At Call) |
74,941.49 |
0.00 |
1,005,345.04 |
NSW Treasury Corp (T Corp) |
1,005,345.04 |
0.00 |
1,000,000.00 |
Bonds |
1,011,100.17 |
11,100.17 |
75,980,286.53 |
|
75,995,029.59 |
14,743.06 |
The current value of an investment compared to the principal value (face value or original purchase price) provides an indication of the performance of the investment without reference to the coupon (interest) rate. The current value represents the value received if an investment was sold or traded in the current market, in addition to the interest received.
The table below provides a reconciliation of investment purchases and maturities for month of April 2018 on a current market value basis.
Movement in Investment Portfolio – April 2018
Item |
Current Market Value (at end of month) $ |
Opening Balance at 1 April 2018 |
76,492,699.67 |
Add: New Investments Purchased |
14,000,000.00 |
Add: Call Account Additions |
0.00 |
Add: Interest from Call Account |
584.19 |
Less: Investments Matured |
14,000,000.00 |
Add: T Corp Additions |
0.00 |
Add: Interest from T Corp |
1,745.73 |
Less: Call Account Redemption |
500,000.00 |
Less: Fair Value Movement for period |
0.00
|
Closing Balance at 30 April 2018 |
75,995,029.89 |
Investments Maturities and Returns – April 2018
Principal Value ($) |
Description |
Type |
Maturity Date |
Number of Days Invested |
Interest Rate Per Annum |
Interest Paid on Maturity $ |
2,000,000 |
ME Bank |
TD |
03/04/18 |
124 |
2.42% |
16,442.74 |
2,000,000 |
Police Credit Union |
TD |
04/04/18 |
182 |
2.70% |
26,926.03 |
1,000,000 |
ME Bank |
TD |
04/04/18 |
92 |
2.40% |
6,049.32 |
1,000,000 |
Police Credit Union |
TD |
05/04/18 |
182 |
2.56% |
12,764.93 |
1,000,000 |
Hunter United Employees Credit Union |
TD |
06/04/18 |
121 |
2.55% |
8,453.52 |
1,000,000 |
Bankwest |
TD |
10/04/18 |
90 |
2.50% |
6,164.38 |
1,000,000 |
Bankwest |
TD |
12/04/18 |
90 |
2.50% |
6,164.38 |
1,000,000 |
The Capricornian |
TD |
16/04/18 |
152 |
2.55% |
10,619.18 |
1,000,000 |
Police Credit Union |
TD |
17/04/18 |
182 |
2.55% |
12,715.07 |
2,000,000 |
Gateway Credit Union |
TD |
19/04/08 |
121 |
2.50% |
16,575.34 |
1,000,000 |
Bank of Queensland |
TD |
23/04/18 |
182 |
2.55% |
12,715.07 |
14,000,000 |
|
|
|
|
|
135,589.96 |
The overall ‘cash position’ of Council is not only measured by what funds Council has invested but also by what funds Council has retained in its consolidated fund or bank account as well for operational purposes. In this regard, for the month of April 2018 the table below identifies the overall cash position of Council as follows:
Dissection of Council Cash Position as at 30 April 2018
Item |
Principal Value ($) |
Current Market Value ($) |
Cumulative Unrealised Gain/(Loss) ($) |
Investments Portfolio |
|
|
|
Term Deposits |
71,500,000.00 |
71,500,000.00 |
0.00 |
Floating Rate Note |
2,400,000.00 |
2,403,642.89 |
3,642.89 |
Business On-Line Saver (At Call) |
74,941.49 |
74,941.49 |
0.00 |
NSW Treasury Corp (T Corp) |
1,005,345.04 |
1,005,345.04 |
0.00 |
Bonds |
1,000,000.00 |
1,011,100.17 |
11,100.17 |
Total Investment Portfolio |
75,980,286.53 |
75,995,029.59 |
14,743.06 |
|
|
|
|
Cash at Bank |
|
|
|
Consolidated Fund |
1,842,713.04 |
1,842,713.04 |
0.00 |
Total Cash at Bank |
1,842,713.04 |
1,842,713.04 |
0.00 |
|
|
|
|
Total Cash Position |
77,822,999.57 |
77,837,742.63 |
14,743.06 |
Financial Implications
Council uses a diversified mix of investments to achieve short, medium and long-term results.
Statutory and Policy Compliance Implications
In accordance with Regulation 212 of the Local Government (General) Regulation 2005, the Responsible Accounting Officer of Council must provide Council with a monthly report detailing all monies Council has invested under section 625 of the Local Government Act 1993.
The Report must be presented at the next Ordinary Meeting of Council after the end of the month being reported. In this regard, the current Council Meeting cycle does not always allow this to occur, especially when investment valuations required for the preparation of the report, are often received after the deadline for the submission of reports for the meeting. Endeavours will be made to ensure the required report will be provided to Council and this will for some months require reporting for one or more months.
Council’s investments are carried out in accordance with section 625(2) of the Local Government Act 1993 and Council’s Investment Policy. The Local Government Act 1993 allows Council to invest money as per the Ministers Order – Forms of Investment, last published in the Government Gazette on 11 February 2011.
Council’s Investment Policy includes the objective of maximising earnings from authorised investments and ensuring the security of Council Funds.
Council at its Ordinary Meeting held 8 October 2015 resolved through resolution 15-515 to insert a new objective into its adopted Investment Policy, which gives a third tier consideration by Council to Environmental and Socially Responsible Investments, when making investment decisions.
BYRON SHIRE COUNCIL
Staff Reports - Corporate and Community Services 13.7
Report No. 13.7 Budget Review 1 January 2018 to 31 March 2018
Directorate: Corporate and Community Services
Report Author: James Brickley, Manager Finance
File No: I2018/829
Theme: Corporate Management
Financial Services
Summary:
This report is prepared to comply with Regulation 203 of the Local Government (General) Regulation 2005 and to inform Council and the Community of Council’s estimated financial position for the 2017/2018 financial year, reviewed as at 31 March 2018.
This report contains an overview of the proposed budget variations for the General Fund, Water Fund and Sewerage Fund. The specific details of these proposed variations are included in Attachment 1 and 2 for Council’s consideration and authorisation.
Attachment 3 contains the Integrated Planning and Reporting Framework (IP&R) Quarterly Budget Review Statement (QBRS) as outlined by the Division of Local Government in circular 10-32.
RECOMMENDATION: 1. That Council authorise the itemised budget variations as shown in Attachment 2 (#E2018/39650) which includes the following results in the 31 March 2018 Quarterly Review of the 2017/2018 Budget:
a) General Fund – $256,900 increase to the Estimated Unrestricted Cash Result b) General Fund - $1,734,800 increase in reserves c) Water Fund - $1,195,100 increase in reserves d) Sewerage Fund - $2,930,600 increase in reserves
2. That Council adopt the revised General Fund Estimated Unrestricted Cash Result of $1,145,200 for the 2017/2018 financial year as at 31 March 2018
|
1 Budget Variations for General, Water and Sewerage Funds, E2018/39647 ⇨
2 Itemised Listing of Budget Variations for General, Water and Sewerage Funds, E2018/39650 ⇨
3 Integrated Planning and Reporting Framework (IP&R) required Quarterly Review Statement, E2018/39648 ⇨
Report
Council adopted the 2017/2018 budget on 22 June 2017 via Resolution 17-268. It also considered and adopted the budget carryovers from the 2016/2017 financial year, to be incorporated into the 2017/2018 budget at its Ordinary Meeting held on 24 August 2017 via Resolution 17-322. Since that date, Council has reviewed the budget taking into consideration the 2016/2017 Financial Statement results and progress through the first three quarters of the 2017/2018 financial year. This report considers the March 2018 Quarter Budget Review.
The details of the budget review for the Consolidated, General, Water and Sewer Funds are included in Attachment 1, with an itemised listing in Attachment 2. This aims to show the consolidated budget position of Council, as well as a breakdown by Fund and Principal Activity. The document in Attachment 1 is also effectively a publication outlining a review of the budget and is intended to provide Councillors with more detailed information to assist with decision making regarding Council’s finances.
Contained in the document at Attachment 1 is the following reporting hierarchy:
Consolidated Budget Cash Result
General Fund Cash Result Water Fund Cash Result Sewer Cash Result
Principal Activity Principal Activity Principal Activity
Operating Income Operating Expenditure Capital income Capital Expenditure
The pages within Attachment 1 are presented (from left to right) by showing the original budget as adopted by Council on 22 June 2017 plus the adopted carryover budgets from 2016/2017 followed by the resolutions between July and September, the September Review, resolutions between October and December, the December review, resolutions between January and March and the revote (or adjustment for this review) and then the revised position projected for 30 June 2018 as at 31 March 2018.
On the far right of the Principal Activity, there is a column titled “Note”. If this is populated by a number, it means that there has been an adjustment in the quarterly review. This number then corresponds to the notes at the end of the Attachment 1 which provides an explanation of the variation.
There is also information detailing restricted assets (reserves) to show Council estimated balances as at 30 June 2018 for all Council’s reserves.
A summary of Capital Works is also included by Fund and Principal Activity.
Office of Local Government Budget Review Guidelines:-
The Office of Local Government on 10 December 2010 issued the new Quarterly Budget Review Guidelines via Circular 10-32, with the reporting requirements to apply from 1 July 2011. This report includes a Quarterly Budget Review Statement (refer Attachment 3) prepared by Council in accordance with the guidelines.
The Quarterly Budget Review Guidelines set a minimum standard of disclosure, with these standards being included in the Local Government Code of Accounting Practice and Financial Reporting as mandatory requirements for Council’s to address.
Since the introduction of the new planning and reporting framework for NSW Local Government, it is now a requirement for Councils to provide the following components when submitting a Quarterly Budget Review Statement (QBRS):-
· A signed statement by the Responsible Accounting Officer on Councils financial position at the end of the year based on the information in the QBRS
· Budget review income and expenses statement in one of the following formats:
o Consolidated
o By fund (e.g General, Water, Sewer)
o By function, activity, program etc to align with the management plan/operational plan
· Budget Review Capital Budget
· Budget Review Cash and Investments Position
· Budget Review Key performance indicators
· Budget Review Contracts and Other Expenses
The above components are included in Attachment 3:-
Income and Expenditure Budget Review Statement by Type – This shows Council’s income and Expenditure by type. This has been split by Fund. Adjustments are shown, looking from left to right. These adjustments are commented on through the last 19 pages of Attachment 1.
Capital Budget Review Statement – This statement identifies in summary Council’s capital works program on a consolidated basis and then split by Fund. It also identifies how the capital works program is funded.
Cash and Investments Budget Review Statement – This statement reconciles Council’s restricted funds (reserves) against available cash and investments. Council has attempted to indicate an actual position as at 31 March 2018 of each reserve to show a total cash position of reserves with any difference between that position and total cash and investments held as available cash and investments. It should be recognised that the figure is at a point in time and may vary greatly in future quarterly reviews pending on cash flow movements.
Key Performance Indicators (KPI’s) – At this stage, the KPI’s within this report are:-
o Debt Service Ratio - This assesses the impact of loan principal and interest repayments on the discretionary revenue of Council.
o Rates and Annual Charges Outstanding Ratio – This assesses the impact of uncollected rates and annual charges on Councils liquidity and the adequacy of recovery efforts
o Asset Renewals Ratio – This assesses the rate at which assets are being renewed relative to the rate at which they are depreciating.
These may be expanded in future to accommodate any additional KPIs that Council may adopt to use in the Long Term Financial Plan (LTFP.)
Contracts and Other Expenses - This report highlights any contracts Council entered into during the January to March quarter that are greater then $50,000.
CONSOLIDATED RESULT
The following table provides a summary of the overall Council budget on a consolidated basis inclusive of all Funds budget movements for the 2017/2018 financial year projected to 30 June 2018 but revised as at 31 March 2018.
2017/2018 Budget Review Statement as at 31 December 2017 |
Original Estimate (Including Carryovers) 1/7/2017 |
Adjustments to 31 March 2018 including Resolutions* |
Proposed 31 March 2018 Review Revotes |
Revised Estimate 30/6/2018 at 31/03/2018 |
|
|
Operating Revenue |
76,828,000 |
2,721,500 |
2,825,400 |
82,374,900 |
|
Operating Expenditure |
79,542,600 |
3,544,300 |
2,911,200 |
85,998,100 |
|
Operating Result – Surplus/Deficit |
(2,714,600) |
(822,800) |
(85,800) |
(3,623,200) |
|
Add: Capital Revenue |
27,790,000 |
(18,400,400) |
(548,900) |
8,840,700 |
|
Change in Net Assets |
25,075,400 |
(19,223,200) |
(634,700) |
5,217,500 |
|
Add: Non Cash Expenses |
12,939,400 |
0 |
0 |
12,939,400 |
|
Add: Non-Operating Funds Employed |
2,160,000 |
1,239,000 |
0 |
3,399,000 |
|
Subtract: Funds Deployed for Non-Operating Purposes |
(64,587,000) |
19,940,100 |
6,752,100 |
(37,894,800) |
|
Cash Surplus/(Deficit) |
(24,412,200) |
1,955,900 |
6,117,400 |
(16,338,900) |
|
Restricted Funds – Increase / (Decrease) |
(24,419,500) |
2,220,100 |
5,860,500 |
16,338,900 |
|
Forecast Result for the Year – Surplus/(Deficit) – Unrestricted Cash Result |
7,300 |
(264,200) |
256,900 |
0 |
GENERAL FUND
In terms of the General Fund projected Unrestricted Cash Result the following table provides a reconciliation of the estimated position as at 31 March 2018:
Opening Balance – 1 July 2017 |
$1,145,200 |
Plus original budget movement and carryovers |
$7,300 |
Council Resolutions July – September Quarter |
($50,000) |
September Review – increase/(decrease) |
($161,900) |
Council Resolutions October – December Quarter |
($10.000) |
December Review – increase/(decrease) |
($42,300) |
Council Resolutions January – March Quarter |
0 |
Recommendations within this Review – increase/(decrease) |
$256,900 |
Forecast Unrestricted Cash Result – Surplus/(Deficit) – 30 June 2018 |
$0 |
Estimated Unrestricted Cash Result Closing Balance – 30 June 2018 |
$1,145,200 |
The General Fund financial position overall has increased by $256,900 as a result of this budget review. The proposed budget changes are detailed in Attachment 1 and summarised further in this report below.
Council Resolutions impacting the Budget Result
There were no resolutions of Council during the January to March quarter that affected the budget result.
Budget Adjustments
The budget adjustments identified in Attachments 1 and 2 for the General Fund have been summarised by Budget Directorate in the following table:
Budget Directorate |
Revenue Increase/ (Decrease) $ |
Expenditure Increase/ (Decrease) $ |
Accumulated Surplus (Working Funds) Increase/ (Decrease) $ |
General Manager |
0 |
(11,300) |
11,300 |
Corporate & Community Services |
364,800 |
310,700 |
54,100 |
Infrastructure Services |
1,561,400 |
1,324,800 |
236,600 |
Sustainable Environment & Economy |
781,300 |
826,400 |
(45,100) |
Total Budget Movements |
2,707,500 |
2,450,600 |
256,900 |
Budget Adjustment Comments
Within each of the Budget Directorates of the General Fund, are a series of budget adjustments identified in detail at Attachment 1 and 2. More detailed notes on these are provided in Attachment 1 but in summary the major additional items included are summarised below by Directorate and are included in the overall budget adjustments table above:
General Manager
· In the General Managers program, it is proposed to remove the $30,000 allocated for the Community Satisfaction survey. This will be completed in the 2018/19 year and is included in the 2018/19 draft budget. This has no effect on the program as the support service costs reallocated will reduce.
· In the People and Culture program it is proposed to decrease the budget for the General Managers performance Review ($9,800) and the Staff recognition scheme ($1,500). These savings can be used for the Administration Office refurbishment works in the Facilities Management capital works program.
Corporate and Community Services
· In the General Purpose Revenues Program an additional $47,600 in revenue has been recognised from interest on investments. This increase adjusts the budget to reflect the estimated actual investment revenue that Council will receive before the end of the financial year.
· In the Corporate Services Program it is proposed to increase expenditure by an additional $40,000 for the Excess on insurance claims. There has been a significant increase in the number of claims that Council is paying. This can be funded from the Risk Management reserve.
Infrastructure Services
· In the Emergency Service Program it is proposed to increase operating income and expenditure by $62,000 to reflect Rural Fire Service (RFS) income from Donations ($25,000 - redistributed to brigades), Ballina RFS and Tweed RFS ($25,000 and $12,000 respectively - reimbursement of expenses incurred by Byron Shire Council).
· In the Depot Services and Fleet Management program, it is proposed to create a budget for the Gate Upgrade ($131,700) and the upgrade of the administration building ($35,000). These can be funded through the plant reserve.
· In the Local Roads and Drainage program, there are a number of adjustments outlined under Note 17 in the Budget Variations explanations section of Attachment 1. Further disclosure is included on pages 6, 7 and 8 of Attachment 2 under the budget program heading Local Roads and Drainage.
· In the Roads and Maritime Services (RMS) program it is proposed to increase income by $835,000 and expenditure by $873,500 to account for the March 2017 Natural Disaster ($700,000) and an increase in the budget for Tinderbox Road Causeway as the existing budget did not cover all costs of the project ($173,500). This was Council resolution 18-021 to increase the budget, but this budget review addresses the revenue funding portion.
· In the Open Space & Recreation program, there are a number of adjustments outlined under Note 19 in the Budget Variations explanations section of Attachment 1. Further disclosure is included on pages 8 and 9 of Attachment 2 under the budget program heading Open Space & Recreation.
· In the Waste & Recycling program it is proposed to increase capital expenditure by $166,400 for the Customer Service Foyer renovation contribution ($33,400) and Public Place Bin Network Infrastructure - Projects ($130,000). This budget increase will allow for Council to expand recycling infrastructure networks in Mullumbimby and Bangalow. Asset upgrade/enclosure refurbishment will be conducted at the same time as network expansion. Other adjustments are proposed to bring the income and expenditure budgets into line with actual income and expenditure. All these movements have no impact on the budget result as they are covered through the Domestic Waste Management Reserve and the Other Waste Management Reserve.
· In the Cavanbah Centre program it is proposed to decrease operating income due to no further income expected for food and beverage sales ($34,200) as the canteen/kitchen has taken on all food and beverage sales and a reduction in expected fees received from sporting clubs for the hire of the sportsfields ($22,000). This is offset by various other adjustments outlined under Note 21 in the Budget Variations explanations section of Attachment 1 to bring the budgets into line with the actuals. Further disclosure is included on page 11 of Attachment 2 under the budget program heading Cavanbah Centre.
· In the Holiday Park programs, there are decreases in the capital budgets of $475;000 ($190,000 First Sun and $285,000 Suffolk Park). These budgets have been adjusted as it was identified that these works would not be completed this financial year. A breakdown of these works can be seen on pages 11 and 12 of attachment 2. These are all funded through the Holiday Park reserve.
· In the Facilities Management program it is proposed to decrease operating income by $10,500 due to the Clarkes Beach Café rent being reduced ($38,600 - Funded through the Crown reserve), an increase in the payment received from the insurer relating to the March 2017 flood event ($16,100) and an increase in fees received on Crown reserves ($12,000). It is proposed to decrease operating expenditure due to a decrease in electricity costs at Mullumbimby pool ($20,000) and reductions against various community building costs ($13,800)
Sustainable Environment and Economy
· In the Development and Certification program, it is proposed to increase income by $20,000 and expenditure by $20,000 to budget for the Information and Technology Service fee. It is also proposed to transfer the total Income budget less the total expenditure budget to a newly created Information & Technology Service Fee reserve. It is proposed to increase operating expenditure due to Temporary Resourcing ($50,000) to cover the costs of processing additional DA’s that Council has received and reduce the EHC Exempt and Complying Development ($30,000) as this will not be expended in 2017/18. This can be moved to the 2018/19 draft budget. It is proposed to increase Developer Contribution income by $400,000 to reflect the actual income received from developers. This will be transferred to the respective Section 94 reserves.
· In the Planning Policy and Natural Environment Program, there are a number of adjustments outlined under Note 25 in the Budget Variations explanations section of Attachment 1. Further disclosure is included on page 13 of Attachment 2 under the budget program heading Planning Policy and Natural Environment.
· In the Environment & Compliance program it is proposed to increase operating income due to income being received for the Environment Enforcement Levy ($114,700 – transferred to a new Environment Enforcement Levy reserve), Caravan park inspection fees ($71,400) and various other fees where the actual income is higher than the budget. These adjustments are outlined under note 26 in the Budget Variations explanations section of attachment 1. It is proposed to increase operating expenditure by $43,500 to cover costs associated with the Environment Enforcement Levy ($25,500), an increase against licence plate recognition ($14,200) due to the allocated budget not covering the actual cost and an $8,500 increase for investigation consultants.
· In the Economic Development program there are a number of adjustments outlined under Note 27 in the Budget Variations explanations section of Attachment 1. Further disclosure is included on page 15 of Attachment 2 under the budget program heading Economic Development.
WATER FUND
After completion of the 2016/2017 Financial Statements the Water Fund as at 30 June 2017 has a capital works reserve of $4,953,000 and held $6,692,100 in section 64 developer contributions.
The estimated Water Fund reserve balances as at 30 June 2018, and forecast in this Quarter Budget Review, are derived as follows:
Capital Works Reserve
Opening Reserve Balance at 1 July 2017 |
$4,953,800 |
Plus original budget reserve movement |
1,539,000 |
Less reserve funded carryovers from 2016/2017 |
(124,800) |
Resolutions July - September Quarter – increase / (decrease) |
0 |
September Quarterly Review Adjustments – increase / (decrease) |
(40,000) |
Resolutions October - December Quarter – increase / (decrease) |
0 |
December Quarterly Review Adjustments – increase / (decrease) |
(56,500) |
Resolutions January - March Quarter – increase / (decrease) |
0 |
March Quarterly Review Adjustments – increase / (decrease) |
11,000 |
Forecast Reserve Movement for 2017/2018 – Increase / (Decrease) |
1,328,700 |
Estimated Reserve Balance at 30 June 2018 |
$6,282,500 |
Section 64 Developer Contributions
Opening Reserve Balance at 1 July 2017 |
$6,692,100 |
Plus original budget reserve movement |
(1,874,000) |
Less reserve funded carryovers from 2016/2017 |
(2,645,300) |
Resolutions July - September Quarter – increase / (decrease) |
0 |
September Quarterly Review Adjustments – increase / (decrease) |
(70,000) |
Resolutions October - December Quarter – increase / (decrease) |
0 |
December Quarterly Review Adjustments – increase / (decrease) |
(50,000) |
Resolutions January - March Quarter – increase / (decrease) |
0 |
March Quarterly Review Adjustments – increase / (decrease) |
1,184,100 |
Forecast Reserve Movement for 2017/2018 – Increase / (Decrease) |
(3,455,200) |
Estimated Reserve Balance at 30 June 2018 |
$3,236,900 |
Movements for Water Fund can be seen in Attachment 1 with a proposed estimated increase to reserves (including S64 Contributions) overall of $1,195,100 from the 31 March 2018 Quarter Budget Review.
SEWERAGE FUND
After completion of the 2016/2017 Financial Statements the Sewer Fund as at 30 June 2017 has a capital works reserve of $7,372,800 and plant reserve of $827,800. It also held $9,583,600 in section 64 developer contributions.
Capital Works Reserve
Opening Reserve Balance at 1 July 2017 |
$7,372,800 |
Plus original budget reserve movement |
(1,008,100) |
Less reserve funded carryovers from 2016/2017 |
(102,200) |
Resolutions July - September Quarter – increase / (decrease) |
0 |
September Quarterly Review Adjustments – increase / (decrease) |
24,000 |
Resolutions October - December Quarter – increase / (decrease) |
(251,000) |
December Quarterly Review Adjustments – increase / (decrease) |
(524,300) |
Resolutions January - March Quarter – increase / (decrease) |
0 |
March Quarterly Review Adjustments – increase / (decrease) |
2,647,100 |
Forecast Reserve Movement for 2017/2018 – Increase / (Decrease) |
785,500 |
Estimated Reserve Balance at 30 June 2018 |
$8,158,300 |
Plant Reserve
Opening Reserve Balance at 1 July 2017 |
$827,800 |
Plus original budget reserve movement |
0 |
Less reserve funded carryovers from 2016/2017 |
0 |
Resolutions July - September Quarter – increase / (decrease) |
0 |
September Quarterly Review Adjustments – increase / (decrease) |
(12,300) |
Resolutions October - December Quarter – increase / (decrease) |
0 |
December Quarterly Review Adjustments – increase / (decrease) |
0 |
Resolutions January - March Quarter – increase / (decrease) |
0 |
March Quarterly Review Adjustments – increase / (decrease) |
0 |
Forecast Reserve Movement for 2017/2018 – Increase / (Decrease) |
(12,300) |
Estimated Reserve Balance at 30 June 2018 |
$815,500 |
Section 64 Developer Contributions
Opening Reserve Balance at 1 July 2017 |
$9,583,600 |
Plus original budget reserve movement |
(188,800) |
Less reserve funded carryovers from 2016/2017 |
(1,949,600) |
Resolutions July - September Quarter – increase / (decrease) |
0 |
September Quarterly Review Adjustments – increase / (decrease) |
(26,700) |
Resolutions October - December Quarter – increase / (decrease) |
0 |
December Quarterly Review Adjustments – increase / (decrease) |
(275,000) |
Resolutions January - March Quarter – increase / (decrease) |
0 |
March Quarterly Review Adjustments – increase / (decrease) |
283,500 |
Forecast Reserve Movement for 2017/2018 – Increase / (Decrease) |
(2,156,600) |
Estimated Reserve Balance at 30 June 2018 |
$7,427,000 |
Movements for the Sewerage Fund can be seen in Attachment 1 with a proposed estimated overall increase to reserves (including S64 Contributions) of $2,930,600 from the 31 March 2018 Quarter Budget Review.
Legal Expenses
One of the major financial concerns for Council over previous years has been legal expenses. Not only does this item potentially represent a large expenditure item funded by general revenue, but can also be susceptible to large fluctuations.
The table that follows indicates the allocated budget and actual legal expenditure within Council on
a fund basis as at 31 March 2018.
Total Legal Income & Expenditure as at 31 March 2018
Program |
2017/2018 Budget ($) |
Actual ($) |
Percentage To Revised Budget |
Income |
|
|
|
Legal Expenses Recovered |
0 |
0 |
0% |
Total Income |
0 |
0 |
0% |
|
|
|
|
Expenditure |
|
|
|
General Legal Expenses |
301,000 |
178,325 |
59.24% |
Total Expenditure General Fund |
301,000 |
178,325 |
59.24% |
Note: Due to current legal matters, it is estimated that Council may incur costs for legal expenses of approximately $100,000 in addition to the original budget. In view of this an additional $100,000 was allocated at the December 2017 budget review to the General Legal Expenses budget, funded from the Legal Services Reserve. This will leave an estimated Legal Services Reserve balance at 30 June 2018 of $324,500.
Byron Railway Precinct Projects
For information, the adopted 2017/2018 Budget Estimates currently provides an allocation of $1,457,500 funded from the Infrastructure Renewal Reserve, TDDI Grant, Visitor Centre contribution and other sources for projects related to the Byron Bay Master Plan – Railway Precinct.
A summary of the current projects with funded budgets associated with the Byron Railway Precinct are outlined in the table below with budgets presented prior to any adjustment that may be proposed in this Quarterly Budget Review:
Job No |
Project No |
Project |
Current Budget 2017/2018 $ |
4835.187 |
0 |
Byron Bay Town Centre Masterplan |
239,300 |
44283.013 |
1 |
Byron Street |
200,000 |
44265.001 |
1 |
Byron Street |
311,400 |
4835.188 |
2 |
Byron St Connection Upgrade |
139,000 |
4835.189 |
3 |
Railway Park Upgrade |
237,500 |
4835.190 |
4 |
Visitor Centre Refurbishment |
130,000 |
2306.028 |
5 |
Countrylink Building Project Plan |
35,000 |
4835.191 |
0 |
Visitor Centre Technology Project |
45,000 |
4835.219 |
18 |
Byron Rail Corridor Park |
57,000 |
4835.222 |
9 |
Conservation Mgmt Strategy |
8,800 |
4835.223 |
11 |
Market/Comm Relocation/DAs |
500 |
4835.224 |
12 |
Rail Corridor Contamination Assessment |
32,100 |
4835.225 |
13 |
Farmers Market Relocation |
21,900 |
|
|
Total |
1,457,500 |
Financial Implications
The 31 March 2018 Quarter Budget Review of the 2017/2018 Budget has improved the overall budget result by an estimated $256,900. As a result there is an increase of $256,900 to the estimated unrestricted cash balance attributable to the General Fund, with this becoming an estimated $1,145,200 at 30 June 2018. This is above the adopted target of Council of $1,000,000. Council has recovered the 2017/2018 budget result back to a balanced outcome after the March 2018 Quarter Budget Review.
Statutory and Policy Compliance Implications
In accordance with Regulation 203
of the Local Government (General) Regulation 2005 the Responsible Accounting
Officer of a Council must:-
(1) Not later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.
(2) A budget review statement must include or be accompanied by:
(a) a report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and
(b) if that position is unsatisfactory, recommendations for remedial action.
(3) A budget review statement must also include any information required by the Code to be included in such a statement.
Statement by Responsible Accounting Officer
This report indicates that the short term financial position of the Council is still satisfactory for the 2017/2018 financial year, having consideration of the original estimate of income and expenditure at the 31 March 2018 Quarter Budget Review.
This opinion is based on the estimated General Fund Unrestricted Cash Result position and that the current indicative budget position for 2017/2018 remains the same during the remainder of the 2017/2018 financial year.
There needs to be an awareness that any modifications proposed for Council’s budget are not approved without consideration of funding if additional expenditure is proposed through either reallocation of existing budgets, additional revenue or available reserves.
The short term financial position of Council may become unsatisfactory if work is not undertaken to maintain the current budget position. It is pleasing that Council has passed resolution 18-111 part 5 at the 22 February 2018 Ordinary Meeting that Council reaffirm that no expenditure is to occur without an approved budget backed by resolution of Council.
BYRON SHIRE COUNCIL
Staff Reports - Corporate and Community Services 13.8
Report No. 13.8 Poker Machine Policy investigation
Directorate: Corporate and Community Services
Report Author: Sarah Ford, Manager Community Development
Allison Rogers, Research Officer
File No: I2018/850
Theme: Society and Culture
Community Development
Summary:
This report provides information in relation to the Notice of Motion Poker Machines in the Byron Shire as resolved at the 22 March 2018 Ordinary Meeting (Resolution 18-161).
Resolution 18-161 required that staff prepare a report for the May 2018 Ordinary Meeting outlining options to develop a comprehensive gambling policy to reduce the harm in the Byron Shire from the use of poker machines
RECOMMENDATION: That Council note the report on policy options in relation to Poker Machines.
|
Report
The Notice of Motion Poker Machines in the Byron Shire required that staff prepare a report for the May 2018 Ordinary Meeting outlining options to develop a comprehensive gambling policy to reduce the harm in the Byron Shire from the use of poker machines (Resolution 18-161).
Options for a comprehensive gambling policy
If Council wishes to develop a Poker Machine or Electronic Gaming Machine (EGM) harm minimisation strategy or policy, there are a range of examples by other Councils, Australia-wide. The effectiveness of Local Council Policy is dependent on relevant State Government regulation.
In NSW, Fairfield City Council is the only LGA with a Poker Machine, or Electronic Gaming Machine (EGM) harm minimisation policy. Fairfield has the largest number of poker machines and records the biggest gambling losses in the State (and Country). In addition to Fairfield, Northern Beaches Council has released its Draft Gambling and Poker Machine (EGM) Harm Management Strategy this month (May 2018) for public comment.
While there is currently only one Council in NSW with an endorsed gambling related policy, Victorian Councils have taken a much more proactive role in managing the number of gaming machines and reducing the harm they cause to their communities. This is despite NSW having more than 3 three times as many poker machines as Victoria (NSW has 95,012 while Victoria has 28,860). For the purpose of this report, the two policy/strategy examples from NSW were considered, alongside 23 policies from Victorian Councils.
It should be noted that the reason NSW Councils don’t currently have Gambling and EGM Harm Minimisation/Management strategies would appear to be largely the result of State Government regulations – and the perceived lack of “teeth” available for NSW Councils to affect change.
Section 209(3) of the NSW Gaming Machines Act 2001 limits Council’s ability to directly affect the numbers of EGMs in an area as it effectively prevents gambling from being considered in social and economic assessments when carrying out approvals.
Restriction or reference to gambling cannot be included in local environment plans, planning proposals or planning schemes. Also, importantly, Council cannot place conditions of consent on developments that prohibit or restrict electronic gambling machines. An exception to this may be on Council controlled land where a lease condition may be applied, but this may be contested in the courts.
Victorian Councils, by comparison, have a range of legally permissible planning and regulatory levers to assist them in achieving their policy goals to reduce the harm of EGMs. They also have a resource working for the Victorian Local Government Association.
Despite all of this, NSW Councils, including the Northern Beaches Council, have identified a role for councils and a number of permissible strategies to “educate and regulate, within Council’s powers.”
Following an evaluation of the policies/strategies in NSW and Victoria, and taking into consideration the regulatory constraints on NSW Councils, research suggests that NSW Local Government has limited options within Policy development, particularly in relation to Planning controls. Council could consider the following options in relation to its own policy development:
1. Develop a policy on minimising the known harm caused by poker machines. With so few NSW Councils making a public statement via a strategy or policy on this issue, Byron Shire Council can provide leadership in this area.
2. Endorse a strong position by joining other Councils from around Australia (such as the City of Yarra) with a statement in their policy/strategy acknowledging: “that rather than seeing poker machines as a legitimate recreational activity that has negative impacts on only a small number of ‘problem gamblers’, that poker machines are created by an industry that deliberately misleads users and results in an unacceptable risk of harm to the whole community.”
Other options available to Council to influence positive change in relation to EGMs include:
· Lobbying and advocacy:
o That Council lobbies State and Federal Ministers to minimise EGM and other gambling harms.
o That Local Government NSW be approached to lead research and lobbying efforts to minimise the number and associated community harms of EGMs in NSW (in line with the similar function provided by the Victorian Local Government Association).
o That NOROC be approached to become involved in research and lobbying efforts and to become aware of the movement of EGMs across local LGA borders
· Establish protocols for Council-run events, so they are ‘pokies-free’. For example, Council initiated events should be held at venues with no poker machines in the future.
· Use Council’s web page as an education tool, to provide information about the number of poker machines in the Shire and comparative data
· Initiate dialogue with Clubs NSW in relation to ClubGrants distribution including the establishment of local ClubGrants committees that work with the local Clubs to ensure fair and equitable (and transparent) distribution of funds to a range of community organisations
· Council assesses the potential harms from gambling when drafting or renewing leases on Council property, and where suitable implement appropriate clauses to the lease to restrict EGMs.
Financial Implications
No financial implications to develop a Gambling Policy currently are noted, however staff time and resources will be required to initiate and develop a Policy should Council wish to proceed with the development of such a Policy.
Statutory and Policy Compliance Implications
Nil.
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.9
Staff Reports - Sustainable Environment and Economy
Report No. 13.9 PLANNING - State Environmental Planning Policy No. 1 - Variations to development standards - 1 October 2017 to 31 December 2017
Directorate: Sustainable Environment and Economy
Report Author: Chris Larkin, Manager Sustainable Development
Noreen Scott, EA Sustainable Environment and Economy
File No: I2018/460
Theme: Ecology
Development and Approvals
Summary:
This report has been provided as a requirement of the NSW Department of Planning Circular PS-08-014, as amended by agreement to enable the quarterly reporting of all development applications, where SEPP 1 variations have been granted under delegated authority. SEPP 1 only applies to development applications submitted under Byron Local Environmental Plan 1988. The report also provides an update where a variation has been granted under Clause 4.6 of Byron LEP 2014.
NOTE TO COUNCILLORS:
In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters. Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.
RECOMMENDATION: That Council note the report. |
Report
In accordance with the NSW Department of Planning Circular PS-08-014, all development applications where SEPP 1 variations have been granted under delegated authority are to be reported to Council for information. The report also includes development applications where a variation has also been granted to development standards under Clause 4.6 of Byron LEP 2014.
The period of reporting is for the 1 October 2017 to 31 December 2017. The following DA’s are outlined below:
DA No. |
10.2017.270.1 |
Development |
Multi Dwelling Housing Comprising Eight (8) Dwellings and Strata Title Subdivision |
Property: |
6A Canowindra Court Ocean Shores |
Lot and DP: |
11 DP 1225527 |
Zoning: |
R2 Low Density Residential |
Development Standard being varied: |
The development standard to be varied is the minimum lot size planning control of 600m2 applicable to this site under LEP 2014 Clause 4.1, in relation to the strata lots. |
Justification |
The underlying objective of the minimum lot size provision is to guide the density of development in particular areas. The floor space ratio, building height plane and minimum lot size provisions for certain forms of development also inform the potential density of residential development in the R2 Low Density Residential Zone. The subject site is consistent with the form and scale of development prescribed in this location. The strict compliance with the provisions of Clause 4.1, will result in no change to the built form on the site and will merely prevent the sale of the individual dwellings on the allotment.
|
Extent of variation |
The extent of the variation ranges from 69.1% to 81.4% |
Concurrence |
Council |
Determined Date |
28/11/2017 |
|
|
DA No. |
10.2017.380.1 |
Development |
Multi dwelling housing comprising the existing dwelling and two (2) new dwellings, two (2) swimming pools, tree removal (5 trees) and Strata Title Subdivision |
Property: |
34 Bangalow Road Byron Bay |
Lot and DP: |
Lot 2 DP 7117 |
Zoning: |
R2 Low Density Residential |
Development Standard being varied: |
The development standard to be varied is the minimum lot size planning control of 600m2 applicable to this site under LEP 2014 clause 4.1 |
Justification |
The underlying objective of the minimum lot size provision is to guide the density of development in particular areas. The floor space ratio, building height plane and minimum lot size provisions for certain forms of development also inform the potential density of residential development in the R2 Low Density Residential Zone. The subject site is consistent with the form and scale of development prescribed in this location. The strict compliance with the provisions of Clause 4.1 will result in no change to the built form on the site and will merely prevent the sale of the individual dwellings on the allotment. Further, the site enjoys a current consent to undertake the construction of 2 additional dwellings on the property and to strata subdivide them. |
Extent of variation |
The extent of the variation ranges from 35.7% to 41.5%. |
Concurrence |
Director |
Determined Date |
2/11/18 |
|
|
DA No. |
10.2017.101.1 |
Development |
Mixed Use Development Comprising a Child Care Centre, Four (4) Industrial Retail Outlets, Six (6) Light Industry units and Two (2) Take-away Food and Drink Premises, an Ancillary Caretakers Dwelling and Parking Area |
Property: |
88-94 Centennial Drive Byron Bay |
Lot and DP: |
Lot 60 DP 835294 |
Zoning: |
IN2 Light Industrial |
Development Standard being varied: |
BLEP 2014 Cl.4.3 - 9.0m building height limit |
Justification |
The proposed building includes a small section, located in the southern edge, that exceeds the 9m height limit by 0.6m. This is because of the slope of the existing ground at that part of the site, where it falls toward the adjacent drainage reserve. This part of the site will be filled for the development, which will result in the building being 8.45m above the finished ground level. |
Extent of variation |
6.60% |
Concurrence |
Assumed Concurrence |
Determined Date |
15/11/2017 |
|
Financial Implications
Not applicable.
Statutory and Policy Compliance Implications
The report is provided as a requirement of NSW Department of Planning circular PS-08-014. This circular can be viewed at http://www.planning.nsw.gov.au/planning-system-circulars.
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.10
Report No. 13.10 Minutes of the Heritage Panel Meeting 29 March 2018
Directorate: Sustainable Environment and Economy
Report Author: Chris Larkin, Manager Sustainable Development
Noreen Scott, EA Sustainable Environment and Economy
File No: I2018/633
Theme: Ecology
Development and Approvals
Summary:
This report presents the minutes of the Heritage Panel Meeting of 29 March 2018 for determination by Council.
RECOMMENDATION: 1. That Council note the minutes of the Heritage Panel meeting held 29 March 2018 whereby the Report 4.1 Update on Heritage Matters was considered; and
2. That Council adopt the following Panel recommendations :
Local Places Grants
a) That the report be noted on the Local Places heritage grants, and the Panel have been advised that the next round of grants will be advertised shortly.
Review of HAC Areas in Byron Bay
b) That Council note that a review of the Heritage Conservation Areas in Byron Bay Resolution (17-665) is dependent on future funding.
c) That Council notes and supports the draft Heritage Fact sheets to be included as part of Council’s heritage information resources.
Review
Heritage Study d) That
the Heritage Panel receive a report on funding options to review the heritage
study, DCP and LEP. Heritage Promotion
e) That staff consider the following actions as a way to promote heritage during heritage week 2018 as follows:
· A media release promoting heritage · Stories in local newspapers engagement with historical societies. · Heritage displays in Council’s foyer
Saddle Road
f) That the Panel notes the significance of the Saddle Road/McAuleys Lane, Myocum Road precinct and recommends it for inclusion in a future review of the Heritage Study and LEP including Aboriginal and European Heritage; and
g) Invite Council’s Heritage Advisor to the next Heritage Panel meeting.
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1 Minutes of Heritage Panel Meeting held 29 March 2018, I2018/503 ⇨
Report
The attachment to this report provides the minutes of the Heritage Panel Meeting of 29 March 2018 for determination by Council, as the recommendations made by the Panel require determination by Council.
The agenda for this meeting can be located on Council’s website at:
http://byron.infocouncil.biz/Open/2018/03/HER_29032018_AGN_818_AT.PDF
Financial Implications
As per the Reports listed within the Heritage Panel Meeting of 29 March 2018.
Statutory and Policy Compliance Implications
As per the Reports listed within the Heritage Panel Meeting of 29 March 2018.
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.11
Report No. 13.11 Report of the Planning Review Committee Meeting held on 12 April, 2018
Directorate: Sustainable Environment and Economy
Report Author: Chris Larkin, Manager Sustainable Development
File No: I2018/673
Theme: Ecology
Development and Approvals
Summary:
This report provides the outcome of the Planning Review Committee Meeting held on 12 April, 2018.
That Council note the report. |
Report:
The meeting commenced at 4.30 and concluded at 5.30pm.
Present: Crs Martin, Hunter, Hackett, Cameron, Ndiaye, Richardson
Staff: Chris Larkin (Manager Sustainable Development).
Apologies: Nil
The following development applications were reviewed with the outcome shown in the final column.
DA No. |
Applicant |
Property Address |
Proposal |
Exhibition Submission/s |
Reason/s Outcome |
10.2018.110.1 |
Chris Lonergan - Town Planner |
1897 Coolamon Scenic Drive MULLUMBIMBY |
Tourist and Visitor Accommodation (Twelve (12) Cabins including Use of Existing Structures as Storage and Staff Lunchroom & Construction of Day Spa), Camping Ground (239 Sites), Park Entry Office, Kiosk, New Dwelling and Recreation Facility (Indoors) - Yoga Facility |
Level 2
On exhibition from 22/3/18 to 26/4/18
|
The perceived public significance of the application
Council |
10.2017.471.1 |
Planners North |
30 Fingal Street BRUNSWICK HEADS |
Change of Use to a Restaurant/ Cafe |
Level 0 8 submissions received |
Under staff delegation |
Council determined the following original development applications. The Section 96 application to modify these development consents were referred to the Planning Review Committee to decide if the modification applications can be determined under delegated authority.
DA No. |
Applicant |
Property Address |
Proposal |
Exhibition Submission/s |
Reason/s Outcome |
10.2013.587.4 |
Global Centres Australia Pty Ltd |
108-110 Jonson Street BYRON BAY |
S96 to Include Roof Top Plant Screen and Provide Workplace Transport Plan, Servicing Arrangement Management Plan and Garbage Storage Area prior to Issue of Construction Certificate for the Relevant Stage |
Level 2
8/2/18 to 21/2/18
No submissions received |
Under staff delegation |
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.12
Report No. 13.12 PLANNING - Development Application 10.2017.280.1 Development Application for Alterations and Additions to existing building including, construction of basement car park, Restaurant at ground level (including cellar bar and sandwich bar), and two self contained Motel or Hotel Accommodation units at first floor level at 32-34 Byron Street Bangalow
Directorate: Sustainable Environment and Economy
Report Author: Paul Mills, Senior Planner
File No: I2018/681
Theme: Ecology
Development and Approvals
Proposal:
Proposal description: |
Alterations and Additions to existing building including, construction of basement car park, Restaurant at ground level (including cellar bar and sandwich bar), and two self contained Motel or Hotel Accommodation units at first floor level. |
Property description: |
LOT: 1 DP: 1062312 |
32-34 Byron Street BANGALOW |
|
Parcel No/s: |
239099 |
Applicant: |
Bureau SRH Architects |
Owner: |
Ms C J Gracanin |
Zoning: |
B2 Local Centre |
Date received: |
1 June 2017 |
Integrated Development: |
No |
Public notification or exhibition: |
- Level 2 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications - Exhibition period: 22/6/17 to 5/7/17 - Submissions received: Four (4) |
Planning Review Committee: |
Considered at the PRC Meeting held 22 February 2018 where it was resolved the application is to be determined by Council. |
Delegation to determination: |
Meeting of Council
|
Issues: |
· The subject site is as identified within Byron LEP 2014 to be a Heritage Item and is also located within the Bangalow Heritage Conservation Area.
· The proposed development involves a shortfall of nine (9) on-site parking spaces to satisfy DCP 2014 requirements. The Applicant has proposed to enter into a Voluntary Planning Agreement for the payment of a monetary contribution towards the provision of parking within proximity of the Bangalow CBD.
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Summary:
The application seeks development consent for Alterations and Additions to existing building including, construction of basement car park, Restaurant at ground level, and two self contained Motel or hotel accommodation units at first floor level.
The proposed development seeks to provide nine (9) parking less than required by Council’s DCP 2014 and the application is accompanied by a draft voluntary Planning Agreement (dated 12 September 2017) seeking to make a monetary contribution towards public car parking within (or in close proximity to) the Bangalow CBD. Council’s Developer Contributions Officer has advised that Council may accept a Planning Agreement for the remaining shortfall in on-site car parking. These contributions will be put towards funding peripheral parking as set identified in the access and movement strategy or alternative additional parking in the town centre.
The subject site is a listed Heritage Item of local significance and is also located within the Bangalow Conservation Area. The proposal was referred to Council’s Heritage Advisor for comment and realised no objection to the development subject to conditions of consent. The development is positioned behind the existing building fronting Byron Street and is an appropriate response to the site, the planning controls and the characteristics of the area.
In response to the public notification process a total of four (4) submissions were received, the issues raised in the submissions included heritage conservation and insufficient on-site car parking which have been discussed in this report.
The proposed development is considered to accord with the relevant provisions of Council’s LEP and DCP 2014, and relevant State Environmental Planning Policies. The proposed development is considered to have sufficient planning merit to warrant approval subject to conditions of consent. .
NOTE TO COUNCILLORS:
In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters. Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.
RECOMMENDATION: That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2017.280.1 for Alterations and Additions to existing building including, construction of basement car park, Restaurant at ground level (including cellar bar and sandwich bar) and two self contained Hotel or Motel Accommodation units at first floor level, be granted consent subject to the conditions included in Attachment 3 #E2018/38603.
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1 Plans prepared by Bureau SRH Architecture, E2018/38591 ⇨
2 Heritage Assessment dated 18 July 2017 , E2018/38597 ⇨
3 Proposed conditions of consent 10.2017.280.1, E2018/38603 ⇨
4 submissions received 10.2017.280.1, E2018/38555 ⇨
Assessment:
1. INTRODUCTION
1.1. History/Background
10.2002.536.1 Consent granted to Development Application seeking consent for a change the use of the main building on the allotment for use as three (3) independent shops and two (2) consulting rooms.
10.2004.367.1 Consent granted to Development Application to convert a 4m x 6m portion at the rear of an existing approved shop to a hairdressing salon.
10.2016.235.1 Withdrawn Development Application for Alterations and Additions to Existing Commercial Building Including a Sub Ground Level Carpark, Restaurant and Three (3) One Bedroom Motel Units.
This proposal was considered to be inconsistent with the established character of the Bangalow Heritage Conservation Area and to detract from the setting of the subject Heritage Item. Council’s heritage advisor recommended design modifications to make the proposal sympathetic to the heritage significance of the site. The applicant subsequently lodged this proposal adopting the recommendations of Council’s heritage advisor.
View of DA 10.2016.235.1 from Byron Street (former proposal shown in red) the DA was withdrawn following issues with heritage conservation, height and character.
1.2. Description of the proposed development
This application seeks development consent for Alterations and Additions to the rear of existing building including, construction of basement car park, Restaurant at ground level, and two self contained Motel or hotel accommodation units at first floor level. The proposal specifically involves:
Basement Level
· Two car parking spaces (including one accessible parking space) and bicycle parking are proposed with gated access to the rear (Deacon Street).
· Basement is also to contain a vehicle turntable and lift access to ground floor level.
Ground Floor
· The proposal involves minor alterations to the rear of the existing building;
· Construction of a new restaurant to rear of existing building with 76.25m2 of internal floor space;
· New outdoor dining area including raised podium level,
· Sandwich /salad bar;
· Cellar bar
· Toilets and separate accessible toilet including nappy change room,
· Cold store room;
· New external waste storage area and separate lifts to basement and first floor level.
First Floor
· Erection of two self contained hotel/motel apartments (each with 50m2 of internal floor space) containing single bedroom, lounge, kitchen and bathroom and external balcony
· Lift and stair access from ground level.
Artists impressions of proposed development when viewed from the rear Deacon Street are contained in Figure No.1 and No.2. The roof of the proposed addition does not exceed the height of the existing building when viewed from Byron Street as can be seen in Figure 3 below. This is a significant change to the original concept with the saw tooth roof additions. .
Proposed Planning Agreement
The proposed development is short nine (9) car parking spaces required by Byron DCP 2014. To compensate for this shortfall in parking the proposal includes a draft Voluntary Planning Agreement (dated 12 September 2017) which seeks to make a monetary contribution towards public car parking within (or in close proximity to) the Bangalow CBD.
Figure 1 - Artistic impression of proposed development when viewed from Deacon Street
Figure 2 - Artistic impression of proposed development when viewed from Deacon Street
Figure 3 - View of proposed development (shown in red) from Byron Street frontage
1.3. Description of the site
Land is legally described as |
LOT: 1 DP: 1062312 |
Property address is |
32-34 Byron Street BANGALOW |
Land is zoned: |
B2 Local Centre |
Land area is: |
607m2 |
Property is constrained by: |
Heritage Item and Heritage Conservation Area |
Figure 4 – Existing building at 32-34 Byron Street, Bangalow
The subject property is identified as a Heritage Item (No. I016 ‘Bangalow House’) within Byron Local Environmental Plan 2014, and is also located within the Bangalow Heritage Conservation Area.
2. SUMMARY OF REFERRALS
Referral |
Issue |
Development Engineer |
No objection to the proposal subject to Conditions of Consent. Car parking shortfall to be resolved through contributions. |
Building Surveyor |
Compliance of the existing and proposed buildings with relevant provisions of the BCA (Clause 94 of the Regulation). No objection to the proposal subject to conditions. |
S64 / Systems Planning Officer |
Provision of water, bulk water and sewerage services. No issues identified subject to conditions. |
S94 / Contributions Officer |
No objection to the proposed VPA for payment of monetary contributions to compensate for the shortfall in on-site parking proposed. |
Heritage Advisor |
No objection to the proposal subject to conditions. The Heritage Advisor’s comments are attached fro Councils consideration. |
3. SECTION 79BA – BUSH FIRE PRONE LAND
Under section 79BA of the Act, Council must be satisfied prior to making a determination for development on bush fire prone land, that the development complies with the document ‘Planning for Bush Fire Protection 2006’. The site is not bush fire prone land.
4. SECTION 79C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES
Having regard to the matters for consideration detailed in Section 79C(1) of the Environmental Planning & Assessment Act 1979 (EP&A Act), the following is a summary of the evaluation of the issues.
4.1 State Environmental Planning Instruments
|
Satisfactory |
Unsatisfactory |
State Environmental Planning Policy No 55—Remediation of Land |
☒ |
☐ |
Consideration: Following an inspection of the subject site and based on the information available there is no evidence to suggest the site is likely to have been contaminated by a past use. The site was used for residential purposes over 100 years ago. The subject land is considered to be suitable for the proposed restaurant use and motel units subject to conditions requiring the preparation of an Unexpected Findings Protocol. |
||
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 |
☒ |
☐ |
Consideration: Not applicable, proposal is not a BASIX affected building.
|
||
☒ |
☐ |
|
Consideration: No issues identified.
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4.2A Byron Local Environmental Plan 2014 (LEP 2014)
LEP 2014 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP&A Act because it applies to the subject land and the proposed development. The LEP 2014 clauses that are checked below are of relevance to the proposed development:
Part 1 |
☒1.1| ☒1.1AA| ☒1.2| ☒1.3| ☒1.4| ☒Dictionary | ☒1.5| ☒1.6| ☒1.7| ☒1.8| ☒1.8A| ☒1.9| ☒1.9A |
Part 2 |
☒2.1| ☒2.2 | ☒2.3 |☒Land Use Table | ☐2.4 | ☐2.5 | ☐2.6 | ☐2.7 | ☐2.8 |
Part 3 |
☐3.1| ☐3.2| ☐3.3 |
Part 4 |
☐4.1| ☐4.1A| ☐4.1AA| ☐4.1B |☐4.1C| ☐4.1D| ☐4.1E| ☐4.2| ☐4.2A| ☐4.2B| ☐4.2C| ☐4.2|☒4.3 |☒4.4 |☒4.5 | ☒4.6 |
Part 5 |
☐5.1| ☐5.2| ☐5.3| ☐5.4| ☒5.5| ☐5.6| ☐5.7| ☐5.8|☐5.9| ☐ 5.9AA| ☒5.10 | ☐5.11| ☐5.12| ☐5.13 |
Part 6 |
☐6.1| ☒6.2| ☐6.3| ☐6.4| ☐6.5| ☒6.6| ☐ 6.7| ☐6.8| ☐6.9 |
In accordance with LEP 2014 clauses 1.4 and 2.1 – 2.3:
(a) The proposed development is defined in the LEP 2014 Dictionary as Hotel or motel accommodation and Restaurant;
(b) The land is within the B2 Local Centre according to the Land Zoning Map;
(c) The proposed development is permissible with consent; and
(d) Regard is had for the Zone Objectives as follows:
B2 Local Centre Zone Objectives |
Consideration |
• To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area. • To encourage employment opportunities in accessible locations. • To maximise public transport patronage and encourage walking and cycling. • To encourage vibrant centres by allowing residential and tourist and visitor accommodation above commercial premises.
|
The proposed development is considered to be consistent with the objectives of the B2 Local Centre Zone. The proposal seeks to provide a restaurant and motel accommodation which will serve the needs of people who live in, work in and visit the local area. The proposal also encourages a vibrant centre by providing tourist and visitor accommodation above a commercial premises. |
The remaining checked clauses have been taken into consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP&A Act. The proposed development complies with all clauses of LEP 2014 (in some cases subject to conditions and/or to the satisfaction of other assessing officers).
Clause 4.3 Height of Buildings
The proposed additions have a maximum height of 7.5 metres and complies with the 9 metre height limit for Bangalow
Clause 4.4 Floor Space Ratio
The subject site has a maximum Floor Space ratio of 1.0:1.0 under Byron LEP 2014. The proposal has an FSR of 0.65:1.0 and complies with the LEP provisions.
Clause 5.10 Heritage Conservation
Clause 5.10(4) states:
(4) Effect of proposed development on heritage significance
The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).
Assessment: The subject property is identified as a Heritage Item (No. I016 ‘Bangalow House’) within Byron Local Environmental Plan 2014, and is also located within the Bangalow Heritage Conservation Area.
Council’s Heritage Advisor has reviewed the proposed development in the context of the Heritage Item status of the site and in the broader context of the Bangalow Conservation Area. The proposed roof height of the addition does not exceed that of the existing heritage building which substantially restricts views of the development from Byron Street. Following is an extract from the comments from Council’s Heritage Advisor:
“The proposed additions are considered sympathetic and are not likely to have an adverse impact upon the significance or setting of the subject heritage item or the setting of the Bangalow Heritage Conservation Area, subject to final colours.”
Overall the proposed development is considered to be compatible with the heritage significance of the site and surrounds.
4.3 Any proposed Instrument that has been the subject of public consultation and has been notified to the consent authority
No relevant draft Environmental Planning Instruments have been identified for this proposal.
4.4A Byron Shire Development Control Plan 2014 (DCP 2014)
DCP 2014 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP& A Act because it applies to the land to which LEP 2014 applies. The DCP 2014 Parts/Chapters that are checked below are of relevance to the proposed development:
Part A |
|
Part B Chapters: |
☐B2| ☒ B3| ☒ B4| ☒ B5| ☐B6| ☐B7| ☒ B8| ☒ B9| ☐B10| ☐B11| ☐B12| ☒ B13 | ☒ B14 |
Part C Chapters: |
☒C1| ☐C2| ☐C3| ☐C4 |
Part D Chapters |
☐D1| ☐D2| ☐D3| ☒ D4| ☐D5| ☐D6| ☐D7| ☐D8 |
Part E Chapters |
☐ E1| ☒ E2| ☐E3| ☐E4| ☐E5| ☐E6| ☐ E7 |
These checked Parts/Chapters have been taken into consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP&A Act. The proposed development is demonstrated to meet the relevant Objectives of all relevant Parts/Chapters (in some cases subject to conditions and/or to the satisfaction of other assessing officers).
Chapter C1 Non-Indigenous Heritage
The proposal is considered to accord with Section C1.3 (Conservation Guidelines and Requirements -Heritage Items, Heritage Conservation Areas and Development in their Vicinity) for the following reasons:
· The proposal seeks to retain the original front façade of the subject building with all additions located to the rear of the existing building.
· The proposed roof height of the addition does not exceed that of the existing heritage building which substantially restricts views of the development from Byron Street.
· The proposed infill development is compatible in terms of bulk and scale.
A heritage assessment prepared by Council’s Heritage Advisor concludes that the proposal would not impact adversely upon the significance of the Heritage Item or the Bangalow Conservation Area.
Chapter B4 Car Parking
The proposal has been calculated to require a total of 20 parking spaces. The site is considered to have credit for 8.8 spaces, therefore, the site requires a further 11 additional parking spaces. Only two (2) parking spaces are proposed, resulting in a shortfall of 9 spaces. The applicant has proposed to enter into a Voluntary Planning Agreement to make a cash contribution towards the provision of parking within proximity of the Bangalow CBD. The draft Planning Agreement is the subject of a separate report to Council to determine whether Council is prepared to enter into the submitted draft Planning Agreement.
Chapter D4 Commercial and Retail Development
Section D4.2.10 Restaurants, Cafes, Small Bars, Pubs Registered Clubs, Function Centres and other Licensed Premises in the Urban Areas of Byron Shire
The restaurant component of the proposal is satisfactory with the DCP controls. A condition has been included in the recommendation to limit the hours of operation of the restaurant to day trading between 7:00am to 6:00pm Monday to Sunday (seven days per week) as discussed with the applicant.
Chapter E2 Bangalow
The proposed development is considered to be compatible with the historical and architectural significance of its setting. The proposed character, bulk and scale is compatible with the low rise, historical character and scale of Bangalow in accordance with Section E2.1.3 of DCP 2014.
4.5 Any Planning Agreement or Draft Planning Agreement?
|
Yes |
No |
Is there any applicable planning agreement or draft planning agreement? |
☒ |
☐ |
Consideration: The applicant has submitted a draft Planning Agreement seeking to make a monetary contribution towards the provision of additional car parking in Bangalow, it is for the consideration of Council if it wishes to enter into the planning agreement.
The proposed plans provide on site car parking for the hotel/motel accommodation units. This satisfies clause B4.2.10 of the DCP. Council may accept a VPA for the remaining commercial shortfall in parking. The current draft VPA requires amendment but is satisfactory to form the basis of an offer under the terms of Section 7.4. Council’s Developer Contributions officer is satisfied that a condition of consent may be imposed for a planning agreement and that the development application may be approved. These contributions will be put towards funding peripheral parking as identified in the access and movement strategy or alternative additional parking in the town centre.
A condition is recommended requiring a VPA be entered into prior to the construction certificate.
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4.6 Environmental Planning & Assessment Regulation 2000 Considerations
Clause 94 Consent Authority may require buildings to be upgraded
The applicant has submitted a BCA Compliance Audit Report prepared by East Coast Certification Group dated 2 April 2018. The report was considered by Council’s Building Certifier who has raised no objection to the proposal subject to compliance with the recommendations of the BCA Audit Report.
4.7 Any coastal zone management plan?
|
Satisfactory |
Unsatisfactory |
Not applicable |
Is there any applicable coastal zone management plan? |
☐ |
☐ |
☒ |
Consideration: Byron embayment CZMP not adopted by the NSW Government at this time.
|
4.8 The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality
Impact on: |
Likely significant impact/s? |
Natural environment |
No. The proposal will not have a significantly adverse impact on the natural environment of the locality. |
Built environment |
No. The proposal will not have a significantly adverse impact on the built environment of the locality. |
Social Environment |
No. The proposal will not have a significant social impact on the locality. |
Economic impact |
No. The proposal will not have a significant economic impact on the locality. |
4.9 The suitability of the site for the development
The subject site is a listed Heritage Item of local significance and is located within the Bangalow Conservation Area. The proposal has been designed following comments from Council’s Heritage Advisor and is considered to be compatible with the heritage significance of the site and area, subject to conditions.
4.10 Submissions made in accordance with this Act or the regulations
The development application was publicly exhibited. There were four (4) submissions received in response to the development application, following is a summary of the planning matters raised in those submissions.
Summary of planning issue |
Comment |
Character and appearance. This significant original structure and surrounding space essentially defines the characteristic curtilage of Deacon Street with deep rear areas that are typically vegetated and partially used for tenant parking. There is also a somewhat random collection of garages but certainly no dominant buildings yet occupy these spaces. It is in this context that this DA is of particular importance because planning decisions may well set a precedent for the entire line of heritage buildings on the southern side of Byron Street. The distinctive character of the Deacon Street precinct would then be completely compromised.
New/Old Building Relationship. The retention and preservation of the original structure is endorsed. Although the proposal for the new building emphasises roof line compatibility with the old building and minimal impact from the Byron Street view, it is clear that the clean symmetrical lines of the old building will be diminished by the inconsistent western section of roofing on the new building.
Curtilage. There has been no attempt to respect the curtilage associated with the old building and which is repeated for other buildings along Deacon Street towards St Stephen’s church. Moreover, by filling this space, various options for improving traffic and pedestrian flow in Deacon Street are removed.
Scale. While scale has been reduced from the previous application, the new building still dominates the available space such that a section of roof line interferes with the Byron Street facade and there is no longer a meaningful view of the old building from Deacon Street. The large footprint also entirely removes the availability of convenient all-day tenant parking.
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Council’s Heritage Advisor has reviewed the proposed development in the context of Deacon Street and raised no objection. The following comments from the Heritage advisor are pertinent in this regard.
“Although the proposed additions are close to the rear of the existing building, the rear of the site is currently developed with a sealed car park and does not display any visible remnants of an earlier relationship with the heritage item such as gardens or early outbuildings. Open space will be created for a proposed garden outdoor eating area on the eastern side which will retain some views to the rear elevation of the heritage item, and the café area also maintains some transparency.”
“The proposed additions are considered sympathetic and are not likely to have an adverse impact upon the significance or setting of the subject heritage item or the setting of the Bangalow Heritage Conservation Area, subject to final colours.”
The proposal is at a height, bulk and scale sympathetic with development in the Bangalow CBD and complies with the LEP controls having regards to the commercial zoning of the land, and the height and floor space ratio provisions that apply. The proposal has also been considered against heritage provisions in Byron LEP 2014 and DCP 2014 with expertise sought from Councils Heritage advisor. It is considered the development in maintaining the Byron Street character is the main elevation of significance not the rear of the site in this instance. The proposed development is considered acceptable in this instance. .
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No On-Site Parking. Lack of parking puts this issue back on Byron Shire Council. This adds to the existing parking problem.
A planning agreement between BSC and the applicants does nothing to lessen this burden. “The purpose of the planning agreement is for the developer to pay Council for the provision of public car parking.” |
The proposal seeks to provide two (2) on-site parking spaces in the basement level with access directly from Deacon Street. The shortfall in parking is to be made up by entering into a voluntary planning agreement for the payment of a monetary contribution towards parking in Bangalow. With the payment of the contribution car parking is considered acceptable.
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4.11 Public interest
The proposed development is unlikely to prejudice or compromise the public interest or create an undesirable precedent.
4.12 Section 5A of the EP&A Act – Significant effect on threatened species
Having regard to sections 5A, 5C and 5D of the EP&A Act, there is unlikely to be a significant effect on threatened species, populations or ecological communities, or their habitats as a result of the proposed development because the proposal does not involve the removal of any significant vegetation or known threatened species habitat.
4.13 Section 5B of the EP&A Act – Have regard to register of critical habitat
The NSW Critical Habitat Register does not identify any critical habitat on or adjacent to the site.
5. DEVELOPER CONTRIBUTIONS
5.1 Water & Sewer Levies
Section 64 levies will be payable.
5.2 Section 94 Contributions
Section 94 Contributions will be payable.
6. CONCLUSION
The proposed development is considered to accord with the relevant provisions of Council’s LEP 2014, DCP 2014, and relevant State Environmental Planning Policies, subject to conditions.
The proposal is considered to have sufficient planning merit to warrant approval subject to conditions.
7. DISCLOSURE OF POLITICAL DONATIONS AND GIFTS
Has a Disclosure Statement been received in relation to this application |
No |
Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed. Where the answer is yes, the application is to be determined by the Director or Manager of the Planning, Development and Environment Division. |
No |
Provide Disclosure Statement register details here: Not applicable.
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.13
Report No. 13.13 Final Bangalow and Mullumbimby Movement Strategies - for incorporation into Bangalow and Mullumbimby Place Plans
Directorate: Sustainable Environment and Economy
Report Author: Tara McGready, Place Planning Coordinator
File No: I2018/689
Theme: Ecology
Planning Policy and Natural Environment
Summary:
In the preparation of the Bangalow Village Plan and Our Mullumbimby Masterplan, specialist traffic and movement consultants MRCagney were engaged to review movement (walking, cycling and vehicular) around both towns and provide strategies and actions in the form of Movement Strategies for improving movement and place making in both localities.
This report presents the completed Bangalow and Mullumbimby Movement Strategies, the strategies and actions of which will be included into both Place Plans which are being prepared currently for each locality.
The report also outlines a number of projects within each town that align with the recommended actions of the Movement Strategies which are already being implemented by Council or the State Government.
RECOMMENDATION: 1. That Council note the final strategies and actions of the Bangalow Movement Strategy including Implementation Plan in Attachment 1 (E2018/38669) will be incorporated into the Bangalow Village Plan.
2. That Council note the final strategies and actions of the Mullumbimby Movement Strategy including Implementation Plan in Attachment 2 (E2018/38573) will be incorporated into the Our Mullumbimby Masterplan.
3. That Council note projects that are currently being implemented by Council that align with the actions of both the Bangalow and Mullumbimby Movement Strategies.
|
1 Bangalow Movement Strategy & Implementation Plan, E2018/38669 ⇨
2 Mullumbimby Movement Strategy & Implementation Plan, E2018/38573 ⇨
Report
Background
Movement (walking, cycling and vehicular) and parking came up as the most frequently mentioned topics in the initial community “Have your Say” surveys that were conducted at the beginning of both the Bangalow and Mullumbimby place planning processes.
As a part of the Place Planning process for both Bangalow and Mullumbimby, a review of how people move around both of the towns was undertaken. Specialist traffic and movement consultants MRCagney were engaged to consider holistically the way people of all ages and abilities move around the village and provide strategies and actions for incorporation into the Bangalow Village Plan and Our Mullumbimby Masterplan for improving the street and pathway networks.
Before preparing any strategies or actions, Council and MRCagney held a number of community engagement events in May 2017 to firstly hear the views of local residents about what they consider are the key movement issues in Bangalow and their ideas for improving the street and pathway networks. The Guidance Groups for both Place Plans were also engaged through a number of workshops throughout the preparation of the Movement Strategies.
Final copies of the Bangalow and Mullumbimby Movement Strategies and accompanying Implementation Plans have now been produced and are included in Attachment 1 (Bangalow) and Attachment 2 (Mullumbimby) of this report. The strategies and actions from the Movement Strategies will be incorporated into both draft Place Plans, which will be publicly exhibited before Council considers the plans for adoption.
Projects and actions in implementation phase
A number of projects which already align with the actions of the Movement Strategies and are currently at some stage of implementation are listed in the tables below.
Bangalow
Movement Strategy recommended action |
Background information on project already in implementation |
Provide a shared path adequate for pedestrians and bike riders on Byron Bay Road from Byron Creek to the Bowlo.
|
Sections of the 400m footpath have been completed between Byron Creek and the Bangalow Bowling Club. Sections may have to be widen to 2.5m to make it a shared path in the future. |
Provide a new and suitable bus stop at Rifle Range Road/ Lismore Road intersection.
|
24.2016.37.1 - Rifle Range Rd is currently being designed in consultation with RMS to upgrade the intersection and investigate the feasibility of two bus stops on Lismore Road. This project is expected to start later this year.
|
Provide peripheral off-street parking around Deacon Street and Ashton Street Heritage House site.
|
An old dip site directly South of the Heritage House site is currently being capped and 16 car parking spaces will be provided in this area. There may be future opportunities to increase the number of car park spaces in this area.
|
Mullumbimby
Movement Strategy recommended action |
Background information on project already in implementation |
Introduction of revised time restrictions for car parking in the town centre
|
24.2017.94.1 - Mullumbimby Parking Scheme has been implemented with revised 1 hour 2 hour parking time limits as per RES 17-660. The parking time limits are to be reviewed within 12 months of implementation.
|
Develop Shire-wide car share policy
|
A draft shire-wide car share policy has been drafted and reported to Council at 22 Feb 2018 meeting. A resolution was made to exhibit the policy for 28 days (in conjunction with exhibition for amendments to Byron Development Control Plan 2014 Chapter B4: Traffic Planning, Vehicle Parking, Circulation and Access). This is scheduled to occur during May 2018. An expression of interest from car share companies for a pilot project in Byron and Mullumbimby will be advertised in May 2018.
|
On- demand shuttle bus service.
|
Transport for NSW are in the planning stages of trialling an on demand shuttle bus service for this region.
|
Expansion of the regional cycling network using the rail corridor linking Mullumbimby with surrounding regional towns.
|
Expressions of Interest for Multi Use (including rail and active transport options) of Byron Shire Rail Corridor (Bangalow to Yelgun) were advertised in April 2018. Staff are currently assessing tenders and a report will be presented to 24 May 2018 Council meeting to seek endorsement to proceed to a selective Request for Tender.
|
Financial Implications
Nil
Statutory and Policy Compliance Implications
Nil
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.14
Report No. 13.14 Update - Resolution 18-266 The Terrace Reserve Holiday Park, Brunswick Heads
Directorate: Sustainable Environment and Economy
Report Author: Shannon Burt, Director Sustainable Environment and Economy
File No: I2018/797
Theme: Ecology
Development and Approvals
Summary:
Council considered Report 13.24 Update - Resolution 17-184 Brunswick Heads Holiday Parks and Resolution 17-523 Heritage and Environmental Assessment Reports - Coastal cypress Pines at Terrace Reserve Brunswick Heads at the ordinary meeting 19 April 2018, and resolved as follows:
Resolution 18-266:
1. That Council defer this report to the 24 May Ordinary Meeting.
2. That Council request an urgent meeting (within 28 days) with NSWCHPT and their consultants, as well as Robert Kooyman and two representatives from the Brunswick Community, with respect to the recommendations made in the Arboricultural Impact Assessment prepared by Arborsafe 2018 (Attachment 1 E2018/30243) as to specific conditions required on site to meet resolution 17-418.
The purpose of this report is to provide Council with an update of the meeting held 11 May 2018, as per item 2 of the resolution.
RECOMMENDATION: 1. That Council note the report.
|
1 Arboricultural Impact Assessment prepared by Arborsafe, E2018/30243 ⇨
2 Ecological considerations of vegetation management Terrace Holiday Park: Southern Precinct, E2018/32644 ⇨
Report
A meeting was held 11 May 2018, as per item 2 of Resolution 18-266. The points of discussion and agreed actions are summarised below.
Reflections Holiday Parks propose to carry out works within the Coastal Cypress Pine (Callitris columellaris) forest community located in the southern portion of the Terrace Holiday Park, Brunswick Heads.
Coastal Cypress Pine Forest in the NSW North Coast Bioregion is listed as an Endangered Ecological Community (EEC) under the Biodiversity Conservation Act 2016.
Two consultant reports discussing proposed works in the Coastal Cypress Pine Forest have been provided to Council by Reflections Holiday Parks, and they are:
· Terrace Holiday Park: Southern Precinct Arboricultural Impact Assessment for the Southern Precinct of Terrace Holiday Park, Brunswick Heads. Prepared by Arborsafe Australia Pty Ltd March 2018. (Attachment 1)
· Ecological Considerations of Vegetation Management Terrace Holiday Park: Southern Precinct. April 2018. (Attachment 2)
Council engaged the services of Dr. Robert Kooyman (Ecologist / Botanist) to carry out an ecological assessment of the Coastal Cypress Pine Forest located in the Terrace Holiday Park. Dr. Kooyman’s report was provided to Council in August 2017 and was subsequently submitted to Council at its meeting on 26 October 2017 (Council Report 2017/523). Dr Kooyman has since reviewed both the above consultants’ reports.
The Coastal Cypress Pine trees located in the southern portion of the Terrace Holiday Park are subject to Chapter B2 of Council’s Development Control Plan 2014 Preservation of Trees and Other Vegetation) as adopted under clause 26 of State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017.
Chapter B2 of Council’s Development Control Plan 2014 applies to the protection of “Locally indigenous species (of any height) within a vegetation community described as forest, woodland, heath land, scrubland, fernland, saltmarsh, mangrove or wetland.”
It is Council’s view that the proposed works to any of the individual Coastal Cypress Pine trees may affect the EEC and as such require development consent.
As an alternative to a development application to Council, Reflections Holiday Parks may make an application to the Office of Environment and Heritage for a licence to carry out works or activities within the EEC. This application is made under the Biodiversity Conservation Act 2016.
Reflections Holiday Parks confirmed this to be their preferred approval pathway at the meeting. An application for a licence to the Office of Environment and Heritage has not yet been lodged.
A difference of opinion was expressed at the meeting between consultants, about the test of significance that would be applied to the licence application and whether ‘significant affect’ would be triggered under the test when applied to the Coastal Cypress Pines community, given the proposed works at the Terrace Holiday Park. The consultants’ reports were silent or unclear on this.
This will be a matter for the Office of Environment and Heritage. Extract of Biodiversity Conservation Act 2016 below:
7.3 Test for determining whether proposed development or activity likely to significantly affect threatened species or ecological communities, or their habitats
(1) The following is to be taken into account for the purposes of determining whether a proposed development or activity is likely to significantly affect threatened species or ecological communities, or their habitats:
(a) in the case of a threatened species, whether the proposed development or activity is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction,
(b) in the case of an endangered ecological community or critically endangered ecological community, whether the proposed development or activity:
(i) is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or
(ii) is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction,
(c) in relation to the habitat of a threatened species or ecological community:
(i) the extent to which habitat is likely to be removed or modified as a result of the proposed development or activity, and
(ii) whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed development or activity, and
(iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species or ecological community in the locality,
(d) whether the proposed development or activity is likely to have an adverse effect on any declared area of outstanding biodiversity value (either directly or indirectly),
(e) whether the proposed development or activity is or is part of a key threatening process or is likely to increase the impact of a key threatening process.
(2) The Minister may, by order published in the Gazette with the concurrence of the Minister for Planning, issue guidelines relating to the determination of whether a proposed development or activity is likely to significantly affect threatened species or ecological communities, or their habitats. Any such guidelines may include consideration of the implementation of strategies under the Biodiversity Conservation Program.
A number of actions were agreed to by Reflections Holiday Parks to address concerns raised at the meeting, these are:
· To review and update their consultants’ reports to clarify aspects of the works proposed to the EEC and the assessment of impacts provided.
· To engage directly with OEH on the above, and provide that advice back to Council as soon as possible to assist Council in its consideration of the Approval to Operate application pending for Terrace Holiday Park.
· To consider agreeing to conditions on the Approval to Operate for Terrace Holiday Park, for restricting the use of the southern end of the Terrace Holiday Park for ‘camping’ to holiday periods only, allowing a vegetation regeneration period in between times.
A further report to finalise this matter is anticipated for the June ordinary meeting to enable the required information as described above to be submitted by Reflections Holiday Parks in a time appropriate manner for Council’s consideration.
Financial Implications
N/A
Statutory and Policy Compliance Implications
Local Government Act 1993
Section 68 Approval to Operate
The operation of caravan parks and camping grounds require Approval to Operate (ATO) under
Section 68 (Part F2) of the Local Government Act 1993. Applications are lodged by the land owner
to continue the operation of caravan park and camping ground activities and application fees are paid in accordance with Councils’ adopted fees and charges.
The process of assessing and determining ATO applications is regulated under Chapter 7 Part 1 of
the Local Government Act 1993. Part of the consideration of such applications involves the
auditing of compliance with the Local Government (Manufactured Home Estates, Caravan Parks,
Camping Grounds and Moveable Dwellings) Regulation 2005 (“the Regulation”).
Once it has been determined that the application represents the actual site activities, and satisfies
the requirements of the Regulation, then an ATO approval is granted. Once an approval has been
issued Council may determine to extend or renew an approval (but without changing the terms of
the approval) if satisfied there is good cause for doing so.
Section 105 Circumstances in which approval is taken to have been refused
(1) If the council has not determined an application:
(a) within the period of 40 days after the application is lodged with it, except as provided by paragraph (b), or
(b) within the period of 80 days after the application is lodged with it in the case of an application for which the concurrence of a person or authority is required by or under this Act,
the council is, for the purposes only of section 176, taken to have determined the application by refusing approval on the date on which that period expires.
(2) Nothing in subsection (1) prevents the council from determining an application after the expiration of the 40-day or 80-day period, whether on a review under section 100 or otherwise.
(3) A determination under subsection (2) does not prejudice or affect the continuance or determination of an appeal made under section 176 in respect of a determination that is taken under subsection (1) to have been made, subject to subsection (4).
(4) Where a determination under subsection (2) is made by granting approval, the council is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal made under section 176 in respect of a determination that is taken by subsection (1) to have been made, withdrawn at any time before the appeal is determined.
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.15
Report No. 13.15 PLANNING - Development Application 10.2017.460.1 - Utility Installation: Telecommunication Tower at 54 Jones Road Wooyung
Directorate: Sustainable Environment and Economy
Report Author: Simone Kenyon, Planner
File No: I2018/813
Theme: Ecology
Development and Approvals
Proposal:
Proposal description: |
Utility Installation: Telecommunication Tower |
Property description: |
LOT: 100 DP: 1178907 |
54 Jones Road WOOYUNG |
|
Parcel No/s: |
241928 |
Applicant: |
Optus Mobile Pty Ltd |
Owner: |
Billinudgel Property Pty Ltd |
Zoning: |
Part RU1 Primary Production/Part DM Deferred Matter – 7(k) Habitat Zone |
Date received: |
24 August 2017 |
Integrated Development: |
No |
Public notification or exhibition: |
- Level 2 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications - Exhibition period: 14/9/17 to 27/9/17 - Submissions received: Two (2) submissions received |
Planning Review Committee: |
N/A |
Delegation to determination: |
Council
|
Issues: |
- Natural Constraints – Flood, Bushfire, Acid Sulfate Soils – Class 3, High Conservation Value Vegetation and a Cattle Dip Buffer; and - Clause 40 – Exceeds 9m height limitation – SEPP 1 Objection |
Summary:
This development application was reported to the 19 April 2018 Ordinary meeting whereby Council deferred making a decision on the application subject to further information being provided for there consideration. This report provides that additional information and is aimed at addressing Council Resolution 18-263 which ‘resolved that this matter be deferred until Council has received a development application, the environmental report and the points within the submissions raised are answered by either staff or the proponents’. Further detail has been included in this report including Councils Ecologists Comments and details as to why the site has been selected.
Development approval is sought for a Utility Installation – Telecommunications Tower at 54 Jones Road, Wooyung. The property is zoned Part RU1 Primary Production/Part DM Deferred Matter – 7(k) Habitat Zone in accordance with the Byron Local Environment Plans 2014 and 1988 respectively. However, it is noted that the proposal is wholly located within the portion of the site that is mapped 7(k) Habitat Zone and as such, an assessment against BLEP 1988 and BSDCP 2010 only, has occurred.
The fragmented allotment has a total land area of 21.235 hectares and is utilised for a variety of purposes, more specifically the ‘Splendour on the Grass’ festival. The proposal includes one (1) 35m tower with ancillary infrastructure such as dishes, antennae and cabling. The phone tower is to provide improved telecommunication in the Wooyung area and festival goers. It is noted that mobile phone towers are used at present for the festivals.
The proposed development is generally consistent with the relevant environmental planning instruments and planning controls applicable to the site including the LEP and DCP provisions for this type of development, excluding Clause 40 of BLEP 1988. The height of the tower is supported as strict compliance with the development standards is not warranted in this instance. In particular a phone tower would be in-effective at 9 metres in height, whilst the proposal is unlikely to have an adverse impact on the visual amenity of the locality.
It is considered the proposal raises no significant issues in terms of environmental impacts which cannot be managed through reasonable and relevant conditions of approval, and the site is considered suitable for the development as discussed in this report. As such the application is recommended for approval subject to conditions of consent.
NOTE TO COUNCILLORS:
In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters. Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.
RECOMMENDATION: That Pursuant to Section 80 of the Environmental Planning and Assessment Act 1979, development application no. 10.2017.460.1 for a Utility Installation: Telecommunication Tower, be granted consent subject to conditions listed in Attachment 4 #E2018/30097. |
1 Proposed Plans 10.2017.460.1, E2018/28608 ⇨
2 Site Selection Process, Co-location Opportunities and Alternate Candidates, E2018/37994 ⇨
3 Confidential - Site Selection Mapping, E2018/40591
4 Conditions of consent 10.2017.460.1, E2018/30097 ⇨
5 submissions received 10.2017.460.1, E2018/25091 ⇨
Assessment:
1. INTRODUCTION
1.1. History/Background
The subject allotment was registered 19 September 2012. A search of Council records identifies the following development application history:
1.2. Description of the proposed development
This application seeks approval for Utility Installation Telecommunication Tower as demonstrated Attachment 1.
The proposal includes:
a) One (1) 35m monopole;
b) Six (6) panel antennas, each less than 2.8m in length, mounted on the pole in the following configurations:
i. Three (3) panel antennas mounted on a turret headframe at a centreline height of 36.5m; and
ii. Three (3) panel antennas mounted on the pole at a centreline height of 31.7m.
c) One (1) radio-communication dish with a diameter of 1.2m, mounted at 28.7m in height;
d) One (1) outdoor equipment shelter, with a floor area of 7.5m², mounted at ground level adjacent to the new pole; and
e) Ancillary equipment associated with operation and safety of the facility, including remote radio units, cabling, safe access methods, earthing, electrical works and air conditioning equipment.
The facility will be within an 80m² compound area, enclosed by a 2.4m chain-link security fence. The total height of the facility, including antennas and ancillary equipment, will be no taller than 38.3m above the natural ground level.
1.3. Description of the site
Land is legally described as Lot 100 DP1178907.
Property address is 54 Jones Road, Wooyung.
Land is zoned Part RU1 Primary Production/Part DM Deferred Matter – 7(k) Habitat Zone.
Land area is 21.235ha.
The property has a whole is constrained by Flood, Bushfire, Acid Sulfate Soils Class 3, High Conservation Value Vegetation and a Cattle Dip Buffer.
The subject lot is a fragmented allotment that supports numerous festivals including ‘Splendour on the Grass’. The portion of the allotment proposed to support the facility is within a cleared portion of the allotment.
2. SUMMARY OF REFERRALS
Referral |
Issue |
Environmental Health Officer |
No objections subject to conditions. |
S94 Contributions Officer |
No objections subject to conditions. |
Consultant Heritage Advisor |
No objection. Conditions to apply in relation to cultural heritage |
Ecologist |
No objections subject to conditions. See discussion below from Councils Ecologist on ecological values of the site. . |
Office of Environment & Heritage – National Parks |
Original information submitted was deemed insufficient. Information supplied by the applicant in response to this request is considered to satisfy any concerns raised. |
Bundjalung (Arakwal) |
Original information submitted was deemed insufficient. Re-referral was undertaken. No objection was received by Council. |
Tweed Byron Land Council |
Original information submitted was deemed insufficient. Re-referral was undertaken. No objection was received by Council. |
ECOLOGY SUMMARY
Conservation Values
The Jones Road locality contains known high-value habitat for a range of threatened and protected species. The area is within the Endangered Population listing for the Koala (between the Tweed and Brunswick Rivers) and the surrounding area is recognised as containing secondary Koala habitat, with Primary habitat in proximity.
The larger site and the adjacent Billinudgel Nature Reserve contain a mix of significant vegetation types including wetlands, littoral rainforest and wet sclerophyll forests, with grasslands between. The lot occurs within a mapped Regional Wildlife Corridor (Office of Environment and Heritage), which connects Inner Pocket and Billinudgel Nature Reserves and serves as a major hinterland to coast link. Corridor focal species are the Long-nosed Potoroo and Stephens Banded Snake.
The subject site contains vegetation mapped as Blackbutt-Mixed Eucalypt-Brush Box (Moist Blackbutt) immediately adjacent; with Pink Bloodwood - Blackbutt - Grey Ironbark shrubby open forest nearby.
Proposed Development Impact
The original ecological assessment provided with the application was limited in scope and based on one day ‘random meander’ survey only. Likely direct impacts including track widening and provision of underground services were not assessed and indirect impacts were not considered in any depth. Council requested further survey and reporting on specific issues to be undertaken. In response, the footprint of the proposal was reduced and moved slightly to avoid the need for native vegetation removal and further detailed survey and reporting was undertaken. Assessments of Significance were completed for threatened species and expert advice sought with regard to Microchiropteran bat species.
1. Koalas
A Koala habitat assessment and scat survey was undertaken for the proposal. No Koala use was found at the site and no Primary Koala food trees will be affected. The area is within the Endangered Population boundary (north of the Brunswick River) and few Koala records have been found since major fires occurred within the Wooyung Nature Reserve.
Figure 1: Approx. location of the Optus mobile phone tower indicated by black arrow.
Koala habitat mapping: Red - Primary habitat, Orange - Secondary A habitat, Yellow- Secondary B habitat. Green shading - Billinudgel Nature Reserve.
Applicant response
Koalas were considered to have a good chance of being in the area, based on desktop assessment. None were observed and no evidence of activity was recorded in the area. The consultant ecologist concluded koalas may use the area for foraging occasionally as transients, or when moving between preferred habitats, but do not appear to depend on habitats in the area for their survival – koalas are unlikely to permanently occupy or breed onsite. While trimming of two Black Wattle specimens is needed, this trimming will not reduce local potential foraging resource for koalas, and will have no effect on any koala populations that may be present. No potential impact on breeding or persistence of local koala populations (if present) is expected. The Optus proposal will not isolate koala habitats, restrict movement of koalas or otherwise adversely impact their wellbeing.
Assessment
It is unlikely that the monopole would lead to a significant impact on Koalas. No Koala food trees are proposed for removal and the tower will not exacerbate other threats to Koalas such as road deaths, dog attacks or disease.
Figure 2: Maximum extent of zone of influence arising from the tower
2. Microchiropteran Bats
Of most concern is the likely presence of microchiropteran bat species in the locality and the potential impact of Electro-magnetic Emissions (EME) in relation to microchiropteran bat species. Such species use echo-location to navigate and feed, particularly those catching insects on the wing. It is considered that since little research has been conducted in this area, potential exists to cause impacts, which could be significant. Nine threatened micro-bat species have been recorded from Billinudgel Nature Reserve (see list below).
Table 1: Microchiropteran bat species recorded from Billinudgel nature reserve
The adverse effects of EME are thought to be inversely proportional to size (Steve Phillips pers.comm. December 2017), thus bigger effects are thought to occur to smaller species. In addition, the micro-bats are flying at or around the height of the emissions from the tower, so there is little or no loss of intensity (such as has been demonstrated for humans on the ground). Finally, it is highly likely that other carriers (Telstra, Vodaphone) who have previously used mobile units during festivals, will wish to add infrastructure to the tower at varying heights, so that total emissions may be high and widespread in terms of the flight paths of various micro-bat species. Council requested additional consideration of potential impacts of Electro-magnetic Emissions (EME) in relation to microchiropteran bat species.
Applicant Response
Twelve species of bat were considered to have a good chance of being present in the area, though none were observed. The consultant ecologist found the proposal would have no potential negative impact to these species, given:
· Some areas of suitable foraging habitat are present in the Optus work area, but no hollow bearing trees or caves – there is minimal potential for critical life cycle stages to occur in the study area
· These species would, in any case, be expected to seasonally range across the network of interconnected nature reserves close by, including Billinudgel, according to life cycle stage and prey abundance
· Given the seasonal movements of the 12 bat species, and the extent of potential habitat within their local range, the Optus work area represents a small amount of potential foraging habitat. Its loss would be highly unlikely to impact overall foraging success of bats, or their ability to raise young.
· The ecologist found that radiofrequency emissions are unlikely to adversely impact on animals utilizing the reserve or traversing the site – there is no substantive evidence suggesting radiofrequency emissions have adverse impacts on animals in the general environment.
Due to the absence of available roost sites in close proximity to the proposed tower, the tower position within a cleared area and that a number of towers have been approved within National Parks of higher biodiversity values, the extent of harm is likely to be reduced by the fact that roosts and hollows/caves etc used for breeding habitat do not occur nearby. The matter is not likely to cause sufficient harm such that a significant impact is likely.
3. Billinudgel Nature Reserve
The consultant ecological report assessed the likelihood of impacting Billinudgel Nature Reserve, finding that there is a possibility of sediment flow to affect the reserve, however runoff impacts are considered unlikely because of the surrounding vegetation buffer – the only area where sediment runoff is possible is the site access driveway. Optus have proposed sediment controls in response.
4. Bushfire Risk
The tower is to be located within a flame zone in terms of bushfire risk. While Optus may accept the risk to their property, Council need to be certain that the presence of the tower and associated infrastructure could increase the chance of fire or the significance of fire impact to adjoining significant habitat areas by its presence. Additional information was sought as follows:
1. An assessment by a qualified bushfire consultant as to any risk that the phone tower and associated infrastructure could lead to a bushfire event, or increase the bushfire risk to surrounding natural areas.
Applicant Response
The applicant has proposed a redesigned site layout and facilities to avoid clearing for APZ, as well as upgraded the housing unit to Flame Zone standard. The bushfire consultant’s report also satisfactorily demonstrates that the tower itself and associated facilities would not increase bushfire risk to surrounding natural areas. No tree or understorey removal is required to achieve the development footprint.
2. Land swap
As an additional positive outcome, a parcel of land close to the tower that is part of the Billinudgel Nature Reserve but is largely unvegetated (grassed) will be swapped for land of high environmental value to the south of Jones Rd which directly adjoins the NR. The permanent protection of this area of land provides a clear ecological benefit.
Conclusion
Wolters (Applicants Ecologist) have recommended a number of mitigation measures, including:
· Boundary of works to be delineated by fencing, with no works to occur outside the boundary.
· Trimming to be kept to a minimum and restricted to the trees identified in the report
· Prior to works, a pre-clear fauna check should be undertaken by the construction contractor and should fauna be found (considered unlikely), they be ushered into the adjacent forest
· Erosion, sediment and stormwater controls are to be adopted and maintained throughout the construction phase
The consultant ecological report concludes that “the Subject Site fulfils a high ecological function; however no vegetation clearing or habitat harm will eventuate from the current construction proposal. The proposed compound is sited within a cleared footprint and necessitates the trimming of trees only, specifically two (2) Acacia leiocalyx (Black Wattle) adjacent to the future compound. Based on the findings of this report, construction of the proposed telecommunications compound will have no impact on the ecological values and functions of the subject site, the adjoining Billinudgel Reserve or the greater Byron Shire.
It is acknowledged that the North Byron Parklands is an ecologically sensitive area. However, based on qualified specialist advice, the proposal will have a negligible impact on local environmental values. It is considered that the revised footprint and additional information provided is sufficient to determine that a significant ecological impact is unlikely to arise as a result of the proposed development. The development is recommended for approval subject to the ecological conditions provided.
3. SECTION 79BA – BUSH FIRE PRONE LAND
Under section 79BA of the Act, Council must be satisfied prior to making a determination for development on bush fire prone land, that the development complies with the document ‘Planning for Bush Fire Protection 2006’. The site is bush fire prone land. The development application is accompanied by a Draft Bushfire Management Plan, Reference No. 003.07.17, prepared by Bushfire Risk Reducers dated July 2017. Conditions have been included in the Recommendation of this Report requiring that the development must comply at all times with the requirements of the Draft Bushfire Management Plan, Reference No. 003.07.17, prepared by Bushfire Risk Reducers dated July 2017.
4. SECTION 79C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES
Having regard to the matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979), the following is a summary of the evaluation of the issues.
4.1 State Environmental Planning Instruments
|
Satisfactory |
Unsatisfactory |
State Environmental Planning Policy No 1—Development Standards |
☒ |
☐ |
Consideration: Where the consent authority is satisfied that the objection is well founded and is also of the opinion that granting of consent to that development application is consistent with the aims of this Policy as set out in clause 3, it may, with the concurrence of the Director, grant consent to that development application notwithstanding the development standard the subject of the objection referred to in clause 6. |
||
State Environmental Planning Policy No 44—Koala Habitat Protection |
☒ |
☐ |
Consideration: No vegetation removal will occur to facilitate the proposal. The proposal has been assessed by Council’s Ecologist who has determined that the proposal will unlikely adversely impact on any koalas in this locality. |
||
State Environmental Planning Policy No 55—Remediation of Land |
☒ |
☐ |
Consideration: The subject site is located on undeveloped, cleared land used as a service area for the parklands, approximately 470m northeast of the Pacific Highway. The subject site is bounded by established mature vegetation, and located close to but not within Billinudgel Nature Reserve. A review of the EIS (DEC 2017) for Parklands discovered that a site contamination assessment was conducted on the subject site by EAL Consulting Services on behalf of Parklands as part of the original concept plan for the Festival Site. The assessment included: · A site history review; · Geological and hydrogeological review; site inspection; · Soil and water sampling, including 65 individual soil samples and 1 water samples from the farm dam; and · Analysis of potential contaminants of concern.
The assessment found that the Parklands site had been used for low intensity agricultural purposes since at least 1947. Past agricultural use included dairy farming, some cropping for banana (approximately 10 to 12 acres for 3 to 4 year, typically north facing slopes), and some cropping for sugar cane (in low lying areas and, predominantly, cattle grazing. Soil and water samples were analysed for a range of potential contaminants of concern including hydrocarbons, pesticides and heavy metals. The analysis found that contaminate levels were all below the applicable criteria, with the exception of: · Chromium and manganese in some samples; and’ · Total petroleum hydrocarbons (TPH) in one sample near an abandoned car in a forested area.
Chromium and manganese are naturally elevated in local soils. The TPH is not located near the proposed Telecommunication Tower. No further investigation is warranted. |
||
☒ |
☐ |
|
Consideration: The compound has been sited as close as possible to the lot boundary, allowing for large trucks to pass the compound unimpeded. Because this area hosts large festivals and other events, Optus are willing to coordinate scheduled maintenance activities with Council and North Byron Parklands to minimise conflict. This may be formalised as a condition of development consent. No significant Land use conflicts are envisaged should the development be approved by Council. The proposal will not adversely impact on rural land uses within the immediate locality. |
||
State Environmental Planning Policy (Infrastructure) 2007 |
☒ |
☐ |
Consideration: Development permitted with consent (1) Development for the purposes of telecommunications facilities, other than development in clause 114,[applies to works by public authorities] may be carried out by any person with consent on any land.
The SEPP makes the proposed development permissible in any Zone and would over ride any LEP prohibition. The application invokes the SEPP thereby ensuring that there is no uncertainty in regard to the permissibility of the proposed development |
4.2A Byron Local Environmental Plan 1988 (LEP 1988)
LEP 1988 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP&A Act 1979 because it applies to the subject land and the proposed development. The LEP 1988 clauses that are checked below are of relevance to the proposed development:
Part 1 |
☒1| ☒2| ☒2A| ☒3| ☒4| ☒5| ☒LEP 1988 Dictionary| ☒7 |
Part 2 |
☒8| ☒9 |
Part 3 |
☐10| ☐11| ☐11A| ☐11B| ☐12| ☐13| ☐14| ☐15| ☐16| ☐17| ☐17A| ☐17B| ☐18| ☐19| ☐22| ☐22| ☐23| ☒24| ☐25| ☐27| ☐ 29| ☐29AA| ☐29A| ☐30| ☐31| ☐32| ☐33| ☐34| ☐35| ☐36| ☐37| ☐38| ☒38A| ☐38B| ☐39| ☐39A| ☐39B| ☐39C| ☒40| ☐41| ☐42| ☐43| ☐44| ☒45| ☐46| ☐47| ☐47AA| ☐47A| ☐48| ☐49| ☐51| ☒52| ☐53| ☐54| ☐55| ☐56| ☐ 57| ☐58| ☐59| ☐60| ☐61| ☐62| ☒63| ☐64 |
Part 5 |
| ☐65| ☐66| ☐67| ☐68| ☐69| ☐70| ☐71| ☐72| ☐73| ☐74| ☐75| ☐76| ☐77| ☐78| ☐79| ☐80| ☐81| ☐82| ☒83| ☐84| ☐85| ☐86| ☐87| ☐88| ☐89| ☐90| ☐91| ☐92| ☐93| ☐94| ☐95| ☐96| ☐97| ☐98| ☐99| ☐100| ☐101 |
In accordance with LEP 1988 clauses 5, 8 and 9:
a) The proposed development is defined in the LEP 1988 Dictionary as a ‘utility installation’;
b) Whilst the land has multiple land use zones, the proposed structure will be wholly located within the 7(k) Habitat Zone under LEP 1988. Utility Installations are permissible in the zone;
c) The proposed development is also permissible by the Infrastructure SEPP; and
d) The proposed development is consistent with the relevant objectives of the Zone for the following reasons:
Zone Objective |
Consideration |
The objectives are: a) To identify and protect significant vegetation and wildlife habitats for conservation purposes; b) To prohibit development within the zone that is likely to have a detrimental effect on the wildlife habitats which exist; c) To enable the carrying out of development which would not have a significant detrimental effect on the wildlife habitats; and d) To enable the careful control of noxious plants and weeds by means not likely to be significantly detrimental to the native ecosystem. |
The 7K zone identifies and protects significant vegetation; the general area around the Optus site is acknowledged to retain environmental significance based on Council policy and Optus’ own environmental assessments, and is therefore appropriately zoned. The Optus proposal does not prevent this area from being identified ‘significant’ – the area will still retain its significance after the facility has been constructed. Further, the proposal does not conflict with the objective of protecting the area, since the subject site is on land that has been previously disturbed, with minimal environmental impact. |
The remaining checked clauses have been taken into consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP&A Act 1979. The proposed development complies with all of these clauses (in some cases subject to conditions and/or to the satisfaction of other assessing officers), except in relation to Clause 40 which is considered further as follows:
What clause does the development not comply with and what is the nature of the non-compliance? |
Further consideration, including whether the development application is recommended for approval or refusal accordingly |
Clause 40 (2)(b)(ii)- (1) The Council must not consent to the erection of any building if the vertical distance between the topmost part of the building and the existing ground level below exceeds 9 metres. |
The proposed maximum height inclusive of ancillary antennae and dishes of 38.5m. As such, further discussion is detailed below: |
Clause 40 – Height of buildings
Subclause 40(2)(b)(ii) of LEP 1988 states that ‘Council must not consent to the erection of any building if the vertical distance between the topmost part of the building and the existing ground level below exceeds 9 metres’.
The LEP map indicates that the site is zoned 7(k) Habitat zone with the proposed utility installation having a maximum height of 38.5m, a variation of approximately 425% to the 9m height restriction.
Accordingly, the development application does not meet the 9m building height requirement and the DA is supported by an objection pursuant to SEPP 1. The Land Environment Court judgment in Wehbe v Pittwater Council [2007] identified requirements needed in order to uphold a SEPP 1 objection, and these are addressed in the circumstances of this particular case as follows:
Is the requirement a development standard?
The 9m building height requirement is a development standard as defined by section 4 of the Environmental Planning and Assessment Act 1979, because it is a provision of an environmental planning instrument in relation to the carrying out of development, being a provision by or under which requirements are specified and standards are fixed in respect to the maximum height of a building.
Is the objection in writing, is it an objection “that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case” and does it specify “the grounds of the objection”?
The development application is accompanied by an objection in writing. It is an objection that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case and specifies the grounds of the objection as follows:
‘This proposal is in response to an established community need for improved mobile coverage in the Wooyung area. Optus have a discrete and specific area (the area around and including North Byron Parklands) within which coverage is to be improved by establishing a new telecommunications facility.
There is a technical requirement for telecommunications facilities to protrude above the surrounding environment to function correctly. In order to achieve Optus’ coverage objectives, this facility needs to be at its current proposed height. A shorter tower would be blocked by surrounding vegetation and terrain, meaning it would not work.
· Optus cannot achieve a feasible level of coverage in this location, or any alternate site in the vicinity, without exceeding Council height limits. Council’s policies are designed to prevent inappropriately tall buildings being constructed; the policy is not responsive to the technical needs of telecommunications infrastructure, or the actual amenity impacts of the development;
· All of the potential sites in North Byron Parklands would require a protrusion above the 9m height limit. Because this protrusion cannot be avoided, Optus have selected a site where amenity impacts resulting from the protrusion can be minimised, while still ensuring a feasible technical outcome.
· From a visual amenity perspective, this site is considered highly favourable.
- There is very little development in the area. There is one residence approximately 240m west of the site, which is oriented away from the Optus facility; the next closest residences are over 1.5km east;
- The facility is located in a heavily vegetated, hilly area well screened from passing traffic on Jones Road; and
- The facility will have a visual presence from within North Byron Parklands. This is unavoidable given the nature of the use; however the North Byron Parklands owners, who are likely to be most affected, are supportive of the project. For visitors to the Parklands, and festivalgoers, the visibility of the facility is unlikely to adversely impact their experiences at the venue – especially as their presence onsite is transient, and only a handful of events are held each year.
We acknowledge Council’s policy is designed to protect the visual amenity of the local community. In this case there are very few community members whose amenity could feasibly be impacted, and the facility is well hidden from these perspectives.
It is an established principle that telecommunications carriers seek out rural and industrial areas for deployment of new infrastructure, if possible, over residential areas or community spaces. This site is in a rural area. While the facility will contravene Council’s height limit for the area, Optus consider there is both technical need, and sufficient planning merit, for the variation to be allowed’.
Is “the objection well founded” and will “granting of consent to the development application be consistent with the aims of SEPP 1 as set out in clause 3”?
An objection under SEPP 1 may be well founded and be consistent with the aims set out in clause 3 of the Policy in one of a variety of ways (according to the above mentioned judgment). These are:
1. ‘Compliance with the development standard is unreasonable or unnecessary because the objectives of the development standard are achieved notwithstanding non-compliance with the standard.
2. The underlying objective or purpose is not relevant to the development with the consequence that compliance is unnecessary.
3. The underlying objective or purpose would be defeated or thwarted if compliance was required with the consequence that compliance is unreasonable.
4. The development standard has been virtually abandoned or destroyed by the Council’s own actions in granting consents departing from the standard and hence compliance with the standard is unreasonable and unnecessary.
5. The zoning of particular land was unreasonable or inappropriate so that a development standard appropriate for that zoning was also unreasonable or unnecessary as it applied to that land and compliance with the standard in that case would also be unreasonable or unnecessary’.
In the subject case, compliance with the development standard is unreasonable and unnecessary because the objectives of the development standard were created at a date in time that facilities such as these were not in existence or the purpose of mobile phone coverage. The technical needs of a functional mobile telecommunications network are such that they need height to work. In this regard, compliance with this objective would ensure the proposal was ineffective and thus is considered unreasonable. Further:
a) This proposal is in response to an established community need for improved mobile coverage in the Wooyung area. Optus have a discrete and specific area (the area around and including North Byron Parklands) within which coverage is to be improved by establishing a new telecommunications facility;
b) The surrounding trees exceed 9m in height, meaning the actual protrusion of the tower above the surrounding landscape is much lower than the numbers would suggest. The standard fails to account for existing landscape features;
c) Strict compliance with Council’s height limits would prevent new telecommunications facilities from being deployed in much of Byron Shire. Optus and other mobile carriers would be unable to deliver an effective service to the community, with significant social, economic and public safety implications; and
d) There is a precedent for telecommunications facilities to be installed in areas subject to a height restriction in Byron Shire, provided they can be justified appropriately on town planning grounds. Some examples include the 35m Optus monopoles at 8 Grevillea Street, Byron Bay (DA10.2008.425.1) and Byron Golf Club, 62 Broken Head Road, Byron Bay (DA 10.2011.325.1). While these sites are obviously in very different environments to this proposal, both were progressed under the 1988 LEP and deemed to be appropriate on planning grounds, despite exceeding a 9m height restriction.
Given the above, it is considered that the SEPP 1 objection is well founded notwithstanding non-compliance with the development standard and it is recommended that the SEPP 1 objection be upheld.
4.3 Any proposed Instrument that has been the subject of public consultation and has been notified to the consent authority
1. Draft State Environmental Planning Policy (Coastal Management) 2016 (CM SEPP). The proposal is unlikely to conflict with this Policy.
2. The Department of Planning and Environment (‘DPE‘) has announced a Draft Remediation of Land SEPP (‘Draft SEPP‘) which will repeal and replace the current State Environmental Planning Policy No 55—Remediation of Land (‘SEPP 55‘). The Explanation of Intended Effect of the Draft SEPP is on exhibition to 31 March 2018. The Draft SEPP will maintain the two categories of remediation work currently in SEPP 55:
· Category 1 – works that require development consent; and
· Category 2 – works that may be carried out without development consent.
The proposal is unlikely to conflict with this Policy.
4.4A Byron Shire Development Control Plan 2010 (DCP 2010)
DCP 2010 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP& A Act 1979 because its purpose is to provide planning strategies and controls for various types of development permissible in accordance with LEP 1988. The DCP 2010 Chapters/Parts that are checked below are of relevance to the proposed development:
Chapter 1 Parts: |
☒A| ☐B| ☐C| ☐D| ☐E| ☒F| ☒G| ☐H| ☐J| ☒K| ☐L| ☐ N |
Chapters: |
☐4| ☐6| ☐7| ☐8| ☐9| ☐10| ☐11| ☐12| ☐14| ☐15| ☐16| ☒17| ☐18| ☐19| ☐20| ☐21| ☐22 |
These checked Chapters/Parts have been taken into consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP&A Act 1979. The proposed development is demonstrated to meet the relevant Objectives of DCP 2010 (in some cases subject to conditions and/or to the satisfaction of other assessing officers).
4.5 Any Planning Agreement or Draft Planning Agreement?
|
Yes |
No |
Is there any applicable planning agreement or draft planning agreement? |
☐ |
☒ |
4.6 Environmental Planning and Assessment Regulation 2000 Considerations
Clause |
This control is applicable to the proposal: |
I have considered this control as it relates to the proposal: |
If this control is applicable, does the proposal comply? |
92 |
Yes |
Yes |
Yes |
93 |
Yes |
Yes |
Yes |
94 |
No |
N/A |
N/A |
94A |
No |
N/A |
N/A |
4.7 Any coastal zone management plan?
|
Satisfactory |
Unsatisfactory |
N/A |
Is there any applicable coastal zone management plan? |
☐ |
☐ |
☒ |
4.8 The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality
Impact on: |
Likely significant impact/s? |
Natural environment |
No. The proposal will not have a significantly adverse impact on the natural environment of the locality. See ecological comments above |
Built environment |
No. The proposal will not have a significantly adverse impact on the built environment of the locality. |
Social Environment |
No. The proposal will not have a significant social impact on the locality. |
Economic impact |
No. The proposal will not have a significant economic impact on the locality. |
Conditions to apply to control impacts associated with construction activities such as hours of work builders waste and the like.
4.9 The suitability of the site for the development
The proposed telecommunications tower is appropriately sited on a cleared portion of land that is utilised for numerous festivals and will provide telephone reception in a commonly known ‘blackspot’ area. The applicants submission indicted that the area as indicated below will be covered by the tower. This includes the localities of Yelgun, Wooyung, Crabbes Creek and North Ocean Shores. The towers will also serve Parklands during events, and also road users on the Pacific Highway.
The applicants considered a range of options in choosing the site including collocating on existing sites in Ocean Shores to the south and Sleepy Hollow to the north and other sites within the property. In this regards co-locating on these existing sites to the south and north is not suitable with the applicant providing the following information: (See also Attachments 2 and 3)
In terms of other sites in the Yelgun/ Wooyung area 7 sites were considered. The subject site as indicted by the Letter G on the map below was chosen as the preferred site for a range of reasons including coverage, planning, design, and tenure. Other sites were excluded as a higher tower would be needed (eg 60 metres at site A, 100 metres at Site B, 80 metres at Site C) Visual Impact to surrounding properties at Sites D and E, the need to clear vegetation and other adverse impacts. It is considered Site G is the most appropriate site for the tower.
Further confidential information has also been provided by Optus for Councils consideration as to why the site has been selected. This has been attached for Councils. consideration.
4.10 Submissions made in accordance with this Act or the regulations
The development application was publicly exhibited with two (2) submissions being received by Council. An outline of these submissions is detailed below:
1) No Community Consultation – ‘According to the DA the proposal for the OMT has been in the pipeline for almost 12 months. Despite this, there has been no community consultation with residents of Jones Road from the proponent (Optus) or the landowner (North Byron Parklands)’.
Planner’s Comment
The proponent is not required to consult with residents prior to lodgement of the application. The application was placed on Level 2 notification and residents are permitted to lodge submissions up to the point an application is determined. Two (2) submissions only were received by Council. Council has consulted as required under DCP 2014. Any additional consultation by the proponent is a matter for the proponent to consider and undertake.
2) Concerns of impacts by electromagnetic fields on fauna species and the 7(k) habitat zone
Planner’s Comment
The proposal does not involve vegetation clearing. Information supplied by the applicant considered potential impacts on bats and was found to be considered satisfactory by Council’s Ecologist. Conditions have been supplied by Council’s Environmental Health Officer in relation to electromagnetic impacts and was further considered by Council’s Ecologist.
3) Fire Hazard Area – ’It is our understanding that telecommunication towers have been known to ignite and cause fires.
Planner’s Comment
The applicant has proposed a site layout and facilities to avoid clearing for an APZ, as well as upgrade the housing unit to Flame Zone standard. The bushfire consultant’s report also satisfactorily demonstrates that the tower itself and associated facilities would not increase bushfire risk to surrounding natural areas.
4) Festival Site – ‘Over the past 5 years during festival events, NBP have provided ‘Cell On Wheels’ (Optus, Telstra & Vodaphone) to cater for the patrons, staff and emergency services on site. Our family utilizes Optus as a provider, which is reliable and not an issue. We understand, however, that the Yelgun Valley & Crabbes Creek areas have poor mobile phone reception.
Planner’s Comment
The proposal will provide service to an area with a telecommunications blackspot extending into the Crabbes Creek and Yelgun Valley areas, Wooyung, North Ocean Shores, travellers on the Pacific Hwy and festival goers from time to time at the North Byron Parklands site. .
5) Alternate Locations – ’Optus needs to investigate alternate sites located outside areas identified as ‘Extreme Fire Risk’. For example, there may be areas in the north of the Parklands site or alternatively on the western side of Tweed Valley Way which could potentially supply the festival site as well as the Yelgun Valley and Crabbes Creek communities.
Planner’s Comment
Alternate sites have been investigated with the subject site chosen as the best location in terms of servicing the area.
6) Power Supply – ‘We have lived on Jones Road for 39 years. Our property is at the very end of the power supply. During this time, our power supply has often been affected, i.e. black outs, power shortages and interferences which has resulted in the loss of electrical equipment. We are concerned that our electricity supply could become even more problematic, if the MOT is approved for this location.
Planner’s Comment
This is a matter for Essential Energy to augment power supply if required to service the development. It is not unusual though for developments to upgrade power supply with the provision of transformers and the like where existing supply is inadequate prior to connection. In such case this is negotiated between Essential Energy and the developer and Council has no role in the matter.
7) Aesthetics – ‘The installation of a 35 metre MOT is not in keeping with the surrounding rural environment and is contrary to the values of the Marshalls Ridge wildlife corridor and the adjacent Billinudgel Nature Reserve’.
Planner’s Comment
Additional studies were undertaken by the applicant which has since been reviewed by Council’s Ecologist. Alternate options were considered including higher and larger towers creating increased visual impacts. The proposal is considered to be more than acceptable and unlikely to adversely impact on the values of the wildlife corridor or the Billinudgel Nature Reserve.
Given the above, it is determined that the concerns raised by submission authors have been considered within the assessment of this application.
4.11 Public interest
The proposed development is unlikely to prejudice or compromise the public interest or create an undesirable precedent.
4.12 Section 5A of the EP&A Act 1979 – Significant effect on threatened species
Having regard to sections 5A, 5C and 5D of the EP&A Act 1979, there is unlikely to be a significant effect on threatened species, populations or ecological communities, or their habitats as a result of the proposed development as the proposal does not involve the removal of vegetation. In addition, the applicant provided a flora and fauna report which offered particular attention to microchiropteran bats. Given the location of the tower within a cleared area, and the extent of any potential harm being reduced by no roosts or hollows/caves being affected which are used for breeding, the proposal does not impact on bats.
4.13 Section 5B of the EP&A Act 1979 – Have regard to register of critical habitat
The NSW Critical Habitat Register does not identify any critical habitat on or adjacent to the site.
5. DEVELOPER CONTRIBUTIONS
5.1 Water & Sewer Levies
No Section 64 levies will be required.
5.2 Section 94 Contributions
Section 94 Contributions will be payable.
Disclosure of Political Donations and Gifts
Has a Disclosure Statement been received in relation to this application |
No |
Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed. Where the answer is yes, the application is to be determined by the Director or Manager of the Planning, Development and Environment Division. |
No |
Provide Disclosure Statement register details here: Nil.
6. CONCLUSION
The proposed development is consistent with the relevant environmental planning instruments and planning controls applicable to the site. The proposal raises no significant issues in terms of environmental impacts which cannot be managed and the site is considered suitable for the development. The application is recommended for approval subject to conditions of consent.
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.16
Report No. 13.16 PLANNING - Submissions Report - 26.2017.5.1 - Planning Proposal to activate the Rail Corridor in Byron Town Centre
Directorate: Sustainable Environment and Economy
Report Author: Rob Van Iersel, Major Projects Planner
File No: I2018/834
Theme: Ecology
Planning Policy and Natural Environment
Summary:
This report presents the outcomes of the public exhibition undertaken for the planning proposal relating to activation of the rail corridor in Byron Bay. The proposal seeks to amend Byron LEP to provide for the permissibility of a range of additional uses on that land.
The proposal relates to the corridor from Lawson Street in the north, to just south of the Railway Hotel. Council has recently negotiated a licence over that part of the corridor, also aimed at activating that space.
As exhibited, the planning proposal sought to add a new clause to Schedule 1 of the LEP, which would allow a range of uses to be permitted within that corridor, including community uses as well as temporary commercial/ retail uses. The intention regarding the latter was to provide a space where local up and coming innovative businesses could establish close to the town centre.
The Planning Proposal was publically exhibited from 1 to 30 March 2018. The exhibition was advertised in local press and letters sent to land owner and business operators in the immediate vicinity. Letters were also sent to the Arakwal Corporation and various State Government Agencies.
In addition, the proposal was discussed at a meeting of the Byron Bay Town Centre Guidance Group on 28 April 2018.
Six individual submissions were received. All objected to the proposal to permit commercial/ retail uses on the land, as they would be in direct competition to business already established in the Town Centre.
The discussion of the Guidance Group reflected the same concerns, with the individual members of that Group opposed to commercial use of the space. The consensus view of the group at that meeting was that the activation of the corridor should be by way of community uses and activities.
Given the submissions and comments received, it is recommended that the Planning Proposal be amended to delete any reference to commercial uses of the corridor as permitted with consent. Other adjustments are recommended to strengthen the reference to community and social enterprise use of the space, to avoid future confusion.
Given that the proposal is different from the exhibited version, the Department of Planning and Environment has recommended that it be re-exhibited.
NOTE TO COUNCILLORS:
In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters. Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.
RECOMMENDATION: That Council:
1. Forward the revised planning proposal (Attachment 1) to the NSW Department of Planning and Environment to advise of the re-exhibition.
2. Agree that staff can proceed to public exhibition of the planning proposal and government agency consultation, based on any subsequent advice from the NSW Department of Planning and Environment, and report back to Council as part of post-exhibition reporting.
|
1 Attachment 1 submissions redacted, E2018/39092 ⇨
2 Attachment 2 State Agency Submissions, E2018/37792 ⇨
3 Attachment 3 - Planning Proposal BBTC Additional permitted uses - v4 - post exhibition version with appendices, E2018/37806 ⇨
Report
Planning Proposal 26.2017.5.1 was reported to the Council meeting of 23 November 2017. The proposal outlined amendments to the Byron Local Environmental Plan 2014 (LEP), primarily aimed at activating the rail corridor, by permitting a range of temporary uses on that land.
Specifically, the proposal was to:
1. Specify additional permitted uses with consent under Schedule 1 of the LEP on land at:
a. Byron Rail Corridor State Heritage Land (zoned SP2 Infrastructure – Rail Corridor) to permit markets and other temporary, creative, pop-up activities that cannot otherwise be undertaken as Exempt Development; and
b. Lawson Street South Car Park (zoned SP2 Infrastructure – Car Park) to permit markets.
2. To permit Single Temporary Events and ceremonies in Schedule 2 as Exempt Development in public reserves, public roads, car parks, community land, showgrounds, church grounds, Crown Land and other appropriate outdoor areas.
3. To amend the maximum period under Clause 2.8 Temporary use of land from 14 days to 52 days in any period of up to 12 months to permit temporary events.
The Planning Proposal reported to Council also included a proposal to permit additional uses of Car Park and Passenger Transport Facility on Butler Street Reserve.
A separate Planning Proposal, 26.2017.6.1, was also reported at the same meeting, recommending a review of planning controls for the wider Town Centre area.
At that meeting, Council resolved (17-599):
1. That Planning Proposal 26.2017.5.1 (excluding that part relating to the Butler Street Reserve) be approved by Council to proceed to gateway determination and for public exhibition.
2. That the balance of Planning Proposal 26.2017.5.1 (relating to the Butler Street Reserve) and Planning Proposal 26.2017.6.1 be deferred for public consultation including the following:
a) conducting community information sessions and collating feedback.
b) issuing a media release and Council website post at least two weeks prior to the first information session to advise the community of the planning proposals with notice of all information sessions.
3. That following completion of the information sessions and other community consultation, a report be received by Council, no later than the March Ordinary meeting, with a review of the community meetings and consultation.
Planning Proposal 26.2017.5.1 was publically exhibited from 1 to 30 March 2018. The exhibition was advertised in local press and letters sent to land owner and business operators in the immediate vicinity. Letters were also sent to the Arakwal Corporation and various State Government Agencies.
In addition, the proposal was discussed at a meeting of the Byron Bay Town Centre Guidance Group on 28 April 2018.
Six individual submissions were received. All objected to the proposal to permit commercial/ retail uses on the land, as they would be in direct competition to business already established in the Town Centre.
The discussion of the Guidance Group reflected the same concerns, with the individual members of that Group opposed to commercial use of the space. The consensus view of the group at that meeting was that the activation of the corridor should be by way of community uses and activities.
Based on the submissions received, the discussions with Byron Bay Town Centre Guidance Group and further internal review, the table below summarises the changes now suggested for the Planning Proposal:
As Exhibited |
Suggested Changes |
|
Amend the notation that accompanies the SP2 Infrastructure Zoning on the Byron LEP 2014 Map LZN_003CC, from “Rail Corridor” to “Rail Corridor and Community Facilities”. |
Comments: · Within the SP2 Infrastructure Zone, the only uses that are currently permitted are Environmental facilities; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose Expanding the notation on the Land Zoning Map will permit uses consistent with the definition of “community facilities”, which is: a building or place: (a) owned or controlled by a public authority or non-profit community organisation, and (b) used for the physical, social, cultural or intellectual development or welfare of the community, but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation. |
|
Additional clause in Schedule 1 – Additional Permitted Uses: |
Additional clause in Schedule 1 – Additional Permitted Uses: |
9. Use of certain land at Lawson Street Car Park and Byron Railway Precinct, Byron Bay (1) This clause applies to land at Lawson Street South Car Park, being Lots 3 & 7 DP 827049 and Byron Rail Corridor and Station Precinct, being Lot 1 DP 1001454 and Part of Lot 4729 DP 1228104 (extending from Lawson Street to the south west corner of Lot 9 DP 617509). (2) Development for the purposes of a portable or demountable single storey structure or temporary activity including a creative workspace, shared office space or retail activity that is not a food and drink premises is permitted with development consent. (3) Development for the purposes of markets is permitted with development consent. |
9. Use of certain land within the Byron Railway Corridor and at Lawson Street Car Park, Byron bay (1) This clause applies to land at the Byron Rail Corridor and Station Precinct, being Lot 1 DP 1001454 and Part of Lot 4729 DP 1228104 (extending from Lawson Street to the south west corner of Lot 9 DP 617509) and at Lawson Street South Car Park, being Lots 3 & 7 DP 827049. (2) The following uses are permitted on the land without development consent: (a) landscape works undertaken for the implementation of a Council-endorsed Landscape Concept Plan; and (b) recreation area. (3) Development for markets is permitted with development consent, but only in the case of a relocation of existing markets legally operating elsewhere in Byron Shire. (4) Development for the purposes of a community facility, including commercial activity undertaken by a not-for-profit organisation or social enterprise, is permitted with development consent within the Station Building, previously used as a ticketing office for the rail station, and the adjacent railway platform. |
Comments: · Provision to allow markets retained, but clarified to relate to the relocation of existing markets, rather than allowing new (or additional) markets to be approved – addresses community concerns regarding increased commercial competition. · Provision related to creative workspace, shared office space or retail activity deleted – as above. · Provision added to allow landscape works and children’s play areas (recreation area) to be developed without consent – this was overlooked in the original proposal; those uses/works currently prohibited. · Provision added to permit community use of the station building (CountryLink building) added – this was overlooked in the original proposal; that use currently prohibited. |
|
Additional clause to Schedule 2 – Exempt Development: |
Additional clause to Schedule 2 – Exempt Development: |
Single temporary events and ceremonies [adapted from Bega Valley and Ballina] (1) Must be located in a public reserve, public road, car park, community land, showgrounds, church grounds, Crown land or other appropriate outdoor area. (2) Must be: (a) a community event; or (b) a commercial event including pop-up trading for retail or other commercial purposes, such as operation of a street market; or (c) outdoor dining associated with and adjacent to a lawfully approved restaurant or cafe; (3) May include associated storage areas and truck lay-by areas for vehicles not exceeding 4.5 tonnes or a lesser weight limit if specified in a plan of management applicable to the land. (4) Must obtain all necessary approvals, including but not limited to local approval, under the Local Government Act 1993 and, if on a public road, may require approval under section 138 of the Roads Act 1993. (5) Must not restrict any car parking, vehicular or pedestrian access required to be provided by a condition of development consent applying to the land, unless that parking and access is on land owned, controlled or managed by a council or public authority. (6) Must not include the erection of a permanent structure on the land. (7) Must not include the clearing or disturbance of native vegetation. (8) Maximum period - 52 days (whether or not consecutive days) in any period of 12 months. (9) Must always have consent in writing of the owner of the land on which the event is to be carried out and, if a council or public authority has the control or management of the land, the consent in writing of the council or public authority. |
Single one-off events and ceremonies on public reserves and roads (1) This exemption applies to single occurrence cultural and social activities and events, including markets, concerts, festivals, carnivals, entertainment or educational based events, or the like where the land is used for a period not exceeding seven (7) consecutive days. (2) Must be located in a public reserve, public road, car park, community land, showgrounds, church grounds, Crown land or other appropriate outdoor area. (3) Must obtain any necessary approvals, including under the Local Government Act 1993 and the Roads Act 1993, if required. (4) Must make provision for vehicular or pedestrian access, including deliveries, required for adjoining commercial land. (5) Must comply with all relevant requirements and provisions of Byron Shire Council’s Policies: (a) Events on Public and Private Land; and (b) Temporary Use of Land.
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Comments: · Clarification of the nature of the single, one-off events; · Deletion of maximum period for temporary use – responds to community concerns that a temporary commercial event that runs for a maximum of 52 days is neither temporary, nor a “single event”. · Inclusion of provision linking to existing Council policies. |
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Delete the following clause from Schedule 2 of Byron LEP 2014: |
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Entertainment and events on public roads Must be in accordance with an approval issued under section 125 of the Roads Act 1993. |
Comments: · Provision is superseded by the single one-off events clause described above. |
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Amendment to clause 2.8 of BLEP: |
No longer pursued |
2.8 Temporary use of land (1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land. (2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months. (3) Development consent must not be granted unless the consent authority is satisfied that: (a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and (b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and (c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and (d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use. (4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause. (5) Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4). |
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Comments: · This was originally included to allow for a temporary approval for the weekly farmers market. · Allowing markets as a permissible use will allow for the relocation of that market (if required), without the need to use the clause 2.8 Temporary Use provisions. · Increasing the number of days available for a temporary use would have consequences for any proposed temporary use on any land in the Shire. |
In addition to these amendments, the NSW Office of Environment and Heritage, in response to consultation, advised that the additional use provisions should not apply to the vegetation within the corridor that is identified as High Environmental Value.
This vegetation, shown below, is Coastal Swamp Forest. It is located away from areas where activation events/ activities would be proposed, and Council is developing an enhancement project to improve the biodiversity values of the vegetation and its ability to capture and clean local stormwater.
As such, there are no detrimental impacts of excluding this vegetated area from the operation of the proposed LEP amendments.
High Environmental Vegetation
An amended Planning Proposal is Attachment 3 to this report.
Financial Implications
Staff resource and advertising costs will be associated with the re-exhibition of the Planning Proposal.
Statutory and Policy Compliance Implications
The relevant policy considerations are outlined above, and will be considered again at the completion of the re-exhibition.
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.17
Report No. 13.17 New
legislative provisions relating to the Joint
Regional Planning Panels and Sydney Planning Panels
Directorate: Sustainable Environment and Economy
Report Author: Shannon Burt, Director Sustainable Environment and Economy
File No: I2018/842
Theme: Ecology
Development and Approvals
Summary:
The purpose of this report is to update Council on the new legislative provisions relating to the Joint Regional Planning Panels and Sydney Planning Panels, and the need to review Council’s nominated members the result of these changes.
RECOMMENDATION: That Council: 1. Nominate <insert name > to the Joint Regional Planning Panel with <insert name> as the alternate.
2. Affirm the membership of the Councillor Simon Richardson (Mayor) to the Joint Regional Planning Panel with David Milledge (Community) as the alternate. 3. Nominate for the purpose of section 8.2 of the Environmental Planning and Assessment Act review of decisions the following alternate members to those in 1 and 2 to the Joint Regional Planning Panel <insert name 1> and <insert name 2>. 4. Notify the Planning Panels Secretariat of the above nominations at least two weeks prior to any scheduled Panel meeting.
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Report
Key changes to the Act
Amendments to the Environmental Planning and Assessment Act (Act) 1979 came into force on 1 March 2018. These amendments relate to Joint Regional Planning Panels (Panel) and Sydney Planning Panels and their Council members.
Key changes to the Act are summarised below:
· property developers and real estate agents are no longer eligible to sit as either state-nominated or council-nominated Panel members.
· the threshold for general development has changed: development that has a capital investment value (CIV) of more than $30 million is now considered regionally significant development.
Notwithstanding the above transitional provisions mean any development applications that were lodged but not determined before 1 March 2018 that met the former CIV threshold of more than $20 million will remain with the Panel for determination.
· Panel determinations are now subject to reviews of decisions made on development and modification applications under section 8.2 of the Act. These reviews must be undertaken by different Panel members to those that made the original decision.
· all public Panel meetings are to be recorded and the recording made available on the Planning Panels website at planningpanels.nsw.gov.au.
The Department of Planning has now written to Council to request it review Council's nominated Panel members to ensure their continuing eligibility to participate as Panel members.
Further, under section 8.2 of the Act, Panel determinations that are subject to a review of decision must be undertaken by different Panel members to those that made the original decision. As such, Council also needs to ensure it has sufficient alternate Council members appointed to the Panel to enable this decision review function to be carried out in a timely manner. Point 3 of the recommendation addresses this need.
Membership
Under the Act, a Council is to nominate 2 persons as Council nominees for the purposes of the regional panel, at least one of whom has expertise in planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism.
A regional panel is comprised of five members: three appointed by the Minister and two appointed by the relevant local council. Each regional panel also includes alternates to act in place of the permanent members if they are unavailable for any reason.
Current nominated members are Shannon Burt (Director Sustainable Environment and Economy) and Councillor Simon Richardson (Mayor).
Current alternate members are Sharyn French (Manager Environment and Economic Planning) and David Millage (Community).
The current system for developments that will be determined by the Panel is that a planning report is prepared independently by a council development planner and that planner (or the manager) would present the report to the Panel and speak to it at the public hearing.
Council has existing and recently registered development applications with the Panel for determination. These development applications are regionally significant and high profile.
Planning Panel Development Register - Byron
Due to the type of, and history associated with the development applications before the Panel, the Director Sustainable Environment and Economy has been unable to sit on the Panel to date due to a conflict of duties.
In the circumstances, it is recommended that a change in membership be made by Council to replace the Director Sustainable Environment and Economy as a nominated Council member with either the alternate staff member Sharyn French (Manager Environment and Economic Planning) or other eligible staff member or an eligible community member both of which to be nominated by Council. A further alternate member will be required the result. Point 1 of the recommendation addresses this need.
Council may also want to review the current membership of Councillor Simon Richardson (Mayor) and David Millage (Community) to satisfy themselves that these members met the all legislative requirements. Point 2 of the recommendation addresses this need.
Any changes made to the Council-nominated members need to be made and the Planning Panels Secretariat notified at least two weeks prior to any scheduled Panel meeting. Point 4 of the recommendation addresses this need.
Financial Implications
The Department of Planning and Environment does not remunerate council nominated members, it is a matter for each council to determine, taking into consideration the previous guidelines from the Minister, being:
Council Staff Members: No fees should be paid, as participation in the regional panel would form part of the employee’s regular duties, consistent the Department Premier and Cabinet Guidelines for NSW Board and Committee Members: Appointment and Remuneration (the DPC Guidelines).
Elected Councillors: As Councillors already receive an annual fee set by the Local Government Remuneration Tribunal each year for performing their councillor duties, an additional per meeting fee is reasonable, recognising that membership of the regional panel brings additional responsibilities.
Community members: Each council may determine an appropriate level of remuneration for that person, by arrangement with that member, with your Council’s current rates used as a guide when determining appropriate remuneration rates.
Presently Council has one community member as an alternate member on the Panel. This member is also an ecological consultant. The fee associated with this member attending the Panel can vary and be in excess of $1000 per development application. There is no specific budget allocation for these payments.
Statutory and Policy Compliance Implications
All regional panel members are expected to follow the regional panel’s operational procedures and to adhere to the regional panel’s code of conduct. Both of these documents can be found at www.jrpp.nsw.gov.au
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 13.18
Staff Reports - Infrastructure Services
Report No. 13.18 Clarkes Beach Stormwater and Gully Rehabilitation Works - update
Directorate: Infrastructure Services
Report Author: James Flockton, Drain and Flood Engineer
Chloe Dowsett, Coastal and Biodiversity Coordinatior
File No: I2018/669
Theme: Community Infrastructure
Water Supplies
Summary:
Over the last 12 months, following Council resolution 17-127, staff have been working with NSW Holiday Parks, National Parks and Wildlife and a local consultant to develop an approved design to resolve stormwater erosion issues in a gully above Clarkes Beach, Byron Bay.
This report provides an update to Councillors on the current status of all works surrounding this project.
RECOMMENDATION: 1. That a further report be presented to Council regarding the Clarkes Beach Stormwater and Gully Rehabilitation Works once a final design has been agreed to between stakeholders.
2. That required funding in future years be considered when the matter is reported to Council to redirect flows from Lighthouse Road away from the Clarkes Beach Holiday Park eastern outlet and to the main Clarkes Beach outlet. |
1 Ardill Payne engineering design Clarkes Beach Stormwater Protection Design v2 - PG-SW01, E2018/35982 ⇨
2 Ardill Payne engineering design Clarkes Beach Stormwater Protection Design v2-PG-SW01 - 2, E2018/35983 ⇨
3 Clarkes Beach stormwater engineering design landscape architect interpretation - low beach level, E2018/40597 ⇨
4 Letter from National Parks and Wildlife Service to Council regarding stormwater impacts at Clarkes Beach, E2018/35990 ⇨
5 Lighthouse Road Proposed Upgrade to Drainage SMEC Design 2007 FINAL.pdf, DM721347 ⇨
Report
At the 20 April 2017 meeting Council resolved (Res
17-127, relevant parts only):
1. Note the report outlining some of the issues contributing to unacceptable erosion at the eastern stormwater outlet at Clarkes Beach caravan park.
2. Note that Council staff will be working with NSWCHPT, NPWS and Consultant Ardill Payne and Partners to prepare the most efficient engineering design available that maintains the beauty of the eroded area, while protecting it from erosion in the long term.
3. Receive a report on the engineering design/s and planning pathway (including any approvals required) resulting from that project.
4. In consultation with the Coastal Estuary Catchment Panel, explore what options it has to mitigate its contribution to the water flowing into the catchment of the stormwater outlet at the eastern end of the North Coast Holiday Park at Clarke's Beach for example redirection of run off from Lighthouse Road and Captain Cook Car Park, the exploration of use of porous pavements, paving stones or other water sensitive design initiatives that will help prevent excessive run off. Council invite NSWCHPT, Office of Environment and Heritage, Angus Gordon and the Arakwal Corporation to attend and/or comment. (Ndiaye/Richardson)
Progress Update
Resolution Item 1 – Erosion at the Clarkes Beach eastern stormwater outlet and tertiary dunes
At Council’s Ordinary Meeting held 23 March 2017 meeting it was resolved that a report be provided to the next Council meeting outlining the issues contributing to “erosion taking place through the tertiary coastal dune” at the far end of Clarkes Beach near the Holiday Park.
As such, staff provided a report to Council at the 20 April 2017 meeting outlining the issues contributing to the large-scale shoreline erosion of tertiary dunes at Clarkes Beach and localised erosion in the vicinity of the Clarkes Beach Holiday Park eastern stormwater outlet currently threatening an Aboriginal midden. The report acknowledged that the eastern stormwater outlet at the Clarkes Beach Holiday Park is causing localised erosion effects only. This was based on advice from the Office of Environment and Heritage (OEH) and a Consultant’s Report (A.Gordon, 2016). However, at certain times both stormwater and wave action combined are contributing to cause erosion of the seaward toe of the dune which is threatening an Aboriginal midden.
A year later, erosion has continued along the dunal area at Clarkes Beach, causing agency, community and Councillor concern. As outlined in the 20 April 2017 report, the beach erosion that is occurring along Clarkes Beach particularly in the vicinity of the Clarkes Beach Holiday Park is caused by the macro-effects of the lack of northward movement of sand along the east coast. Now, one year later coastal processes have not been and are still presently not conducive to the accretion of beaches due to the insignificant southerly swell regime for the past 1- 2 years which is the primary factor for movement of sand by longshore drift. Adding to this, there have been numerous swell events and high tides experienced over the preceding months and we are currently in what is deemed an 'erosion phase', being a cycle of constant significant swell events.
In parallel with present reduced longshore sand transport the Byron Bay Embayment is undergoing a long term trend of shoreline recession which is significantly higher in embayments north of controlling headlands, such as Clarkes Beach.
Once conditions are conducive to beach building, sand will start to move into the bay and rebuild the berm and dunes. As an interim measure, landowners in the Clarkes Beach precinct are being encouraged to limit public access to the dunes through fencing and revegetation activities. This will help decrease further destabilisation.
The Coastal Zone Management Plan for the Eastern Precincts (Cape Byron to Main Beach) proposes ‘soft’ dune stabilisation works within the Clarkes Beach precinct by land managers (Council and CHPT) including beach scraping. Should the CZMP be certified by the Minister in the near future, beach scraping may be investigated as an option to rebuild the tertiary dunes along this stretch of coastline.
Management action proposed for the stormwater issue and protection of the midden is outlined in the next section below.
Resolution Items 2 & 3 – Stormwater and gully rehabilitation works, design and approvals
Staff have been liaising with agencies on the stormwater issue at Clarkes Beach eastern outlet and the associated risk to the Aboriginal midden since March 2017 when the project was initiated. Agreement was reached for Crown Holiday Parks Trust (CHPT) and Council to immediately implement corrective action at the eastern stormwater outlet to protect the midden currently being exposed. Council staff provided feedback on the engineering concept design options for managing stormwater at the outlet, with preference for hard engineering works within the stormwater gully to 2m AHD and a soft approach closer to the frontal dunes.
As reported to Council at the 20 April 2017 meeting a follow up meeting between Council staff and CHPT was held on Friday 10 March 2017. At this meeting, discussion involved short term and medium term work required for this area, and an outline of stakeholder roles and responsibilities. CHPT are leading the project as well as commissioning and funding the design/s for the short term and longer term works identified. There is in principle agreement from Council staff that there will be a contribution to the project in relation to stormwater flow coming from Lighthouse Road into the Holiday Park. There is also acknowledgement that water runoff from the NPWS controlled Captain Cook car park is also a contributor to the erosion issue.
Also reported to Council at the 20 April 2017 meeting there are no typical best practice guidelines for resolving issues such as these. Various hard and natural engineering solutions for gully and beach erosion around stormwater outlets can be constructed, and all have good and bad features.
Council resolved at the 20 April 2017 (Res 17-127) a number of items in relation to the issue of stormwater at Clarkes Beach, for which staff have been actioning in due progress over the past year. Staff have been consistently liaising with CHPT, National Parks and Wildlife Service (NPWS) and the Office of Environment and Heritage on the matter, however as it is not Council land and we are not the project manager, the speed of progress of the project is not in our control.
In May 2017, CHPT commissioned engineering consultant Ardill Payne and Associates to complete further stormwater survey work and prepare engineering design/s for the site, based on one of the options proposed by the consultant (Option 3). Agencies have advocated consistently for an engineering design that maintains the natural beauty of the area, while protecting the midden from erosion.
Staff attended an on-site meeting with Ardill Payne on 17 October 2017 to discuss the option in more detail and to refine the engineering design.
In January 2018, CHPT forwarded through a design of the proposed works. The design includes two areas – gully protection works and beachside escarpment protection works (See attachment 1 and 2). The gully protection works will help alleviate the impact of stormwater velocity and erosion of the dune further landward, while the beach protection works aim to mitigate further impact to the Aboriginal midden. Along with the design drawings are a landscape architects interpretation of the proposed works (See attachment 3). Staff have reviewed the drawings and the landscape architect pictures and it appears that previous conversations and advocacy for “an engineering design that maintains the natural beauty of the area, while protecting the midden from erosion” has been interpreted by the Consultant differently, possibly due to the consultant being concerned about the structural integrity of a lesser design.
CHPT have now engaged a Coastal Specialist (James Carley, WRL) to review the information and designs to date and provide advice and direction on a suitable design for the area, with preference for a structure that maintains the natural beauty of the area.
In February 2018, the NPWS Byron Coast Area Management Committee (NPWS and Arakwal – the Committee) discussed the various options available for mitigating stormwater impact to the midden as outlined in a report prepared by coastal engineer Angus Gordon (2016). The Committee were supportive of the proposal to construct a cobble berm at the base of the dune supporting the midden, however advocated for the berm to be smaller than proposed in the report (0.5m high and 2m wide). Hence, they too are advocating for a more natural design for the site.
It is acknowledged that the cobble berm concept design for the beach protection area will be less effective than a higher berm and will most likely fail in any kind of significant swell event. The Committee acknowledged their preference for a small berm to protect the midden, however understands that the advice of a Coastal Engineer needs to be obtained to determine if it is viable.
A further report including costs and funding options will be provided once the James Carley report has been provided and final design agreed upon by all stakeholders.
Resolution Item 4 – Diversion of Stormwater from Lighthouse Road
Various upgrades to the Clarkes Beach Holiday Park, including road, stormwater drains and structures in the eroded gully have occurred over the preceding years. Council and NPWS have also undertaken upgrade works in the Captain Cook carpark. This work has increased the impervious areas and is contributing to increased runoff.
Staff agree that diversion of Council stormwater flows to the midden site is the optimal approach and is achievable. A letter received from NPWS (See attachment 4) further requests that Council flows are redirected. In preliminary conversations, NPWS have stated they would be happy to assist in funding of the diversion works to the amount agreed as a % stormwater from the NPWS estate, subject to final determination of the total costs. NPWS stormwater contribution is expected to be around 10%, therefore the bulk of the cost to divert would need to be funded by Council.
In 2007 consultant SMEC prepared a drainage design and flood assessment to divert stormwater from the holiday park (See attachment 5). This assessment was prepared when NSW Holiday Parks first raised concerns regarding stormwater flows with Council in 2007. The assessment considered two options one diverting upstream flows and one without, i.e allowing stormwater to continue to drain through the holiday park. Both options included additional parking, kerb, gutter and drainage along the edge of Lighthouse Road because it made sense to formalise this area as part of the proposed upgrade works.
Total cost without diversion $244,500 excl GST as at 2007
Total cost with diversion $628,500 excl GST as at 2007
These costs show that the cost to divert existing stormwater flows away from Clarkes Beach Holiday Park would be in the region of $384,000 at 2007 costs. In 2018 the cost would be expected to be in the region of $532K excl GST (assuming a 3.5% increase per year). The flows would be redirected to the main Clarkes Beach outlet.
No further works were completed on this project because it wasn’t financially viable for Council at the time. Recent works on the Lawson and Massinger Street roundabout has resulted in the 2007 proposed pipeline route no longer being viable, however, the alternative route is still an option (see blue line in below image). Staff have not prepared any concept designs or costs for this option to date because the works are currently unfunded and not within the 10 year plan.
Where are we now?
Presently, CHPT have a Coastal Specialist reviewing the designs and reports to date and will provide Council an amended engineering design for comment in the near future. Staff have not yet received this review report and amended drawings from CHPT , however, will report to Council once this information is provided.
Once a final engineering design has been confirmed and agreed upon by the various agencies and stakeholders, construction costs and planning/approvals can be confirmed.
Council staff will continue to liaise with CHPT to finalise the engineering design/s and provide advice/support on the planning pathway and approvals (as required).
Conclusion
At present, there are engineering and gully rehabilitation works proposed to help mitigate the effects of stormwater flow onto the beach and to protect the Aboriginal midden. These works will not help alleviate the erosion of the beach or dunal area as a whole (neither would diversion of the stormwater as discussed above).
The CZMP presently advocates for 'soft' stabilisation works (such as beach scraping) and this idea can be canvassed. Noting however that the erosive nature of the present coastal conditions is not conducive to beach building and (like New Brighton) we could scrape and lose the sand in the next swell event.
Please note that this area of the beach is not owned or managed by Council, hence it has been hard and slow going trying to get clear action about how to manage the site.
A copy of this memo will be provided to the Coastal and Estuary Catchment Panel at its next meeting for information purposes.
Staff are happy to hold a separate briefing if required to discuss the issues with Councillors if required.
Financial Implications
A detailed estimate for the gully improvement works will be provided, including a proposed funding method, once a design has been agreed upon. Council’s 50% share of the costs is likely to be in the region of $150-200k.
The cost to divert all of Council’s stormwater flows away from the current Clarkes Beach outlet is expected to be in the region of $530 to $550k. This is considered to be beyond Council’s current funding abilities and priorities. The proposed works could be added to the 10 year plan for review against other Council priorities.
Statutory and Policy Compliance Implications
The Coastal Management Act 2016 was enacted on 3 April 2018 and repeals the Coastal Protection Act 1979.
As per the letter from NPWS:-
In terms of direct impacts, discharge of Lighthouse Road stormwater to the upper gully is destabilising the fragile edges in the part of gully within Cape Byron State Conservation Area which is protected under the National Parks & Wildlife Act 1974. This has resulted in trees collapsing into the gully which continues a cycle of destabilisation. The collapsing trees form part of a Littoral Rainforest Endangered Ecological Community (EEC) protected under the Biodiversity Conservation Act 2016. The BCA Act includes offences for knowingly damaging such habitat. The National Parks and Wildlife Regulation 2009 includes offences for damaging or destroying park vegetation.
Lighthouse Road stormwater is also impacting on the Aboriginal site located closer to the mouth of the gully. Aboriginal sites are protected under the NPW Act 1974. The NPW Act includes the offence of harming Aboriginal sites and a higher order offence, with higher penalties, for knowingly causing harm.
At this time NPWS are ‘urging’ Council to resolve the issues in the gully. However, they do have the power to apply more direct pressure. It is noted that Council’s stormwater flows in this location pre-date the creation of the Cape Byron State Conservation Area, therefore, we do have some existing use rights. This cannot be used as an argument to not proceed with the gully rehabilitation works, but it could be used as an argument to not redirect stormwater flows until such time that Council has the resources and priorities to complete these works.
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 13.19
Report No. 13.19 Mullumbimby Leagues Club Amenities Facility Section 64 Contribution
Directorate: Infrastructure Services
Report Author: Dean Baulch, Principal Engineer, Systems Planning
Peter Rees, Manager Utilities
File No: I2018/802
Theme: Community Infrastructure
Water Supplies
Summary:
Council has advised that s64 contributions are due to be paid by the Mullumbimby Rugby League Football Club Limited (MRLFC) for charges levied under the Water Management Act 2000 applicable as a condition of consent for the subject development application 10.2016.125.1.
The DA proposes the construction of a detached amenities block for use at the Mullumbimby Leagues Club football grounds. This is a similar proposal as a previous development application but with the proposed facility on a different site location and an alternative project title.
The Mullumbimby Leagues Club has again requested that Council waive this charge under Clause 2.7 of the Water Supply and Sewerage Developer Servicing Plans.
RECOMMENDATION: That Council levy s64 contributions due to be paid by the Mullumbimby Rugby League Club for DA 10.2016.125.1, but at the 2004 rate to be paid over a 10 year period.
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1 Council Report - Waiving of s64 Charges - Mullumbimby Rugby Leagues Club, E2014/70916 ⇨
2 Supporting Documents from Barry Stenner re Exemption Development Contribution for Mullumbimby Leagues Club received on 8 May 2018 (attachment to Council Report I2018/802), E2018/38624 ⇨
Report
On 16 October 2017 Council received a request from Mullumbimby Leagues Club for s64 contributions relating to Development Application (DA) 10.2016.125.1 to be waived.
DA10.2016.125.1 is a similar proposal as DA 10.2013.310.1 with the proposed facility on a different site location and an alternative project title.
Council considered the Club’s same request for DA 10.2013.310.1 at the Ordinary Meeting held 20 November 2014 (see report at Attachment 1 E2014/70916) and resolved as follows:
14-584 Resolved that Council levy s64 contributions due to be paid by the Mullumbimby Rugby League Club for DA 10.2013.310.1, but at the 2004 rate to be paid over a 10 year period.
The application of s64 contributions upon DA10.2016.125.1 has been consistent with the Water Management Act 2000, Water Management (General) Regulation 2011, Council’s Water Supply and Sewerage Developer Servicing Plan’s and also the Equivalent Tenement Policy 13/005.
As per previous assessment of DA 10.2013.310.1; Council Report with subsequent Council resolution 100.2014.584.1 the operations of the Mullumbimby Leagues Club do not have any capacity for development without the payment of Water and Sewer ETs. Nothing has changed with DA10.2016.125.1.
A meeting (11 December 2017) with representatives of the Club provided additional time to research the Clubs ‘Not-for-Profit and Charitable’ status. The applicable regulating authority being the Australian Charities and Not-for-profits Commission (ACNC).
Council’s Development Servicing Plans for Water Supply and Sewerage does provide exemption of s64 charges for such organisations.
2.7 Exemption
…
BSC may waive developer contributions where the proponent demonstrates to Council’s satisfaction that it is a non-profit and charitable organisation, which by virtue of carrying out such development, is considered to be making a significant and positive contribution to the community and is unable to recover the charge from the end user.
Subsequent correspondence from Mr David Graber Senior Analyst at the Australian Charities and Not-for-profits Commission confirmed that the Mullumbimby Rugby League Football Club Ltd is a not-for-profit organisation; however, it is not entitled to registration as a charity because it has a sporting purpose and, therefore, cannot be registered with the ACNC.
Again, registration with the ACNC was the requirement for waiver of the s64 developer contributions to satisfy Council. Council resolution 14-584 also states that Mullumbimby Rugby League Football Club Ltd do not have any capacity for development without the payment of Water and Sewer s64 developer contributions.
The Mullumbimby Leagues Club Limited is a registered business and exists for the benefit of its members. It does not fall into a category for waiver of s64 contributions as per the ACNC ruling. Additionally Council made the same decision in 2014 but gave some concession.
Staff do not support the waiving of s64 charges based on the above. There is an existing charitable organisation that has met the requirements for the waiver (a group home on Bangalow Road, Byron Bay) and an impending development for a childcare centre in Suffolk Park that has also received pre-approval for the waiver.
Both organisations have maintained their status with the ACNC and are required to do so under the conditions of their DA approval. Doing anything less would create an additional layer of regulation/management upon Council and would require additional resources – it is not a function Council needs to acquire as the ACNC is the appropriate National regulator.
There is scope for Council to amend its Water & Sewer Developer Servicing Plan (DSP) to cater for sporting groups such as the Mullumbimby Leagues Club, so that the waiver can include or consider them to some degree. Such an amendment to the DSP will require a resolution and public exhibition. This also raises the question about the s94 contribution and the Plan associated with them – there appears to be no allowance for sporting groups either. Should Council wish to amend the current policy staff can provide further advice in relation to amendments to provide guidance for all sporting clubs for the future.
It is conceded that Mullumbimby Leagues Club have been a long time charitable organisation in the community which is represented in their constitution. Staff have met with Club representatives a number of times to provide a pathway for assistance however the request for the waiver is outside staff delegation.
Financial Implications
Council has assessed that $171,975.57 is due to be paid by the Mullumbimby Rugby League Football Club Limited (MRLFC) for charges levied under the Water Management Act 2000, applicable as a condition of consent for the subject development application 10.2016.125.1.
Should Council waive this charge, future developers under a new Developer Servicing Plan (DSP) will be subsidising the new amenities facility for the Leagues Club.
Statutory and Policy Compliance Implications
The application of s64 contributions upon DA10.2016.125.1 has been consistent the Water Management Act 2000, Water Management (General) Regulation 2011, Council’s Water Supply and Sewerage Developer Servicing Plan’s and also the Equivalent Tenement Policy.
Section 356 of the Local Government Act 1993 is also relevant and must be considered:
Can a council financially assist others?
(1) A council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.
(2) A proposed recipient who acts for private gain is not ineligible to be granted financial assistance but must not receive any benefit under this section until at least 28 days’ public notice of the council’s proposal to pass the necessary resolution has been given.
(3) However, public notice is not required if:
(a) the financial assistance is part of a specific program, and
(b) the program’s details have been included in the council’s draft operational plan for the year in which the financial assistance is proposed to be given, and
(c) the program’s proposed budget for that year does not exceed 5 per cent of the council’s proposed income from the ordinary rates levied for that year, and
(d) the program applies uniformly to all persons within the council’s area or to a significant group of persons within the area.
(4) Public notice is also not required if the financial assistance is part of a program of graffiti removal work.
Note. Part 4 of the Graffiti Control Act 2008 deals with graffiti removal work.
The recommendation does constitute financial assistance as it is applying fees at a reduced rate and therefore will require 28 days public notice.
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 13.20
Report No. 13.20 Grays Lane Upgrade Status Update
Directorate: Infrastructure Services
Report Author: Daniel Strzina, Project Engineer
File No: I2018/814
Theme: Community Infrastructure
Local Roads and Drainage
Summary:
The purpose of this report is to provide to Council a status update on plans to upgrade Grays Lane, Tyagarah.
RECOMMENDATION: 1. That Council note the planning work to date on the Grays Lane Upgrade project.
2. That Staff report back to Council at its meeting on 14 August 2018 with the results of consultation with residents and the Minister for the Environment.
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1 24.2015.20.1 Grays Lane Upgrade Review of Environmental Factors REF (Geolink), E2018/37603 ⇨
2 24.2015.20.1 Grays Lane Upgrade Preliminary Road Works Plans, E2017/53558 ⇨
3 Grays Lane Upgrade Options Overview Table For Council Report 24 May 2018, E2018/38074 ⇨
Report
At its meeting on 22 May 2014, Council considered a staff report (#E2014/17829) on the subject and resolved as follows:
14-240 |
1. That Council maintain dialogue with the Grays Lane community in developing plans for an upgrade of the 800m unsealed gravel pavement at the north western end of Grays Lane by way of holding another meeting when staff have progressed with some planning for a future upgrade . 2. That initial planning and design for the upgrade of Grays Lane be undertaken by Council staff in the first instance and as resources permit. 3. That as progress of the initial planning and design for the upgrade reaches the point of needing to engage consultants to undertake ecological assessments and floodway analysis and design, and in consensus with the community of Grays Lane, a further report be presented to Council advising of the progress and recommending a funding source to engage consultants. 4. That traffic counts be carried out around the Grays Lane precinct with the view to assessing the traffic volumes of local traffic verses tourist traffic. 5. That Council write to the Local Government Minister, the Minister for Roads and the Minister for the Environment seeking a contribution towards the upgrade of Grays Lane due to the traffic generated by the Tyagarah Nature Reserve and Beach. |
Since this resolution, the following documents have been prepared as part of preliminary planning and design:
· Grays Lane Upgrade Geotechnical Investigation and Pavement Upgrade Options (Coffey)
· Grays Lane Upgrade Flood Impact Assessment (BMT WBM)
· Grays Lane Upgrade Preliminary Road Works Plan (Staff)
· Grays Lane Upgrade Review of Environmental Factors (Geolink)
· Grays Lane Upgrade Option – Works Project Estimate (Staff)
In accordance with point four of the above resolution, traffic counts were undertaken and analysed. The average number of traffic movements on Grays Lane in 2012/13 was 467 movements per day, approximately 270 (58%) of which were to access Tyagrah Nature Reserve according to the 2013 NPWS State of the Parks Report. In February 2015 Council Staff recorded a daily average of 596 traffic movements on Grays Lane, 280 (47%) of which were recorded as accessing Tyagrah Nature Reserve. It is quite clear that roughly half of all traffic using Grays Lane do so to access the beach and/or Tyagrah Nature Reserve.
Compliant with point five of the above resolution, letters were sent to the Minister for Local Government, the Minister for the Environment and the Minister for Roads, Maritime and Freight seeking contribution towards the upgrade of Grays Lane. Responses were received with recommendations to apply for various state and federal funding programs, however no contributions were offered.
The Hon. Gabrielle Upton MP, who is currently both the Minister for Local Government and the Minister for the Environment replied on behalf of the Office of Local Government but not as the Minister for the Environment. A letter has been written to her as the Minister for the Environment seeking contribution to the upgrade of Grays Lane on the premise that roughly half of the traffic movements on the road are for access to the NPWS Tyagrah Nature Reserve.
On the 7th of September 2017 a presentation was delivered to Council’s Strategic Planning Workshop. The following is a summary of the presentation content:-
Grays Lane Issues
· Existing gravel portion of the road in poor condition, generates high levels of dust (impeding visibility) and has poor flood immunity.
· Road is currently flood-prone, causing access issues to residents and emergency services during flooding, as well as maintenance issues for council.
Upgrade Objectives
· To provide an improved driving surface for residents.
· To reduce flood damage to the road surface.
· To reduce number of days the road is closed due to flooding each year.
· To ensure safety for the local koala population
Project Scope
· Upgrade 890m of Grays Lane
o Raise and seal 830m of gravel road
o Improvements to an additional 60m section of road
o Concrete alterations to culvert headwalls to allow road levels to be raised.
Project Constraints
· Flooding
· Acid Sulphate Soils
· Koala Habitat and local population
· Vegetation loss (20 trees)
Funding Status
· Currently unfunded
· Identified in the 10 year capital plan for construction in 2022/23
o $311,000 Section 94 funds forecast for 2022/23
o $500,000 Roads to Recovery Grant (to be determined)
Funding Options
· NPWS contribute to upgrade for Tyagrah Nature Reserve Traffic
o 2013 NPWS State of the Parks Report estimated 50,000 visitors per year; average 270 traffic movements per day
o 2012/13 traffic count: 467 traffic movements per day average
o Therefore 58% of traffic movements may be for National Park
o A letter has been written to the Minister for the Environment seeking contribution on this premise
· Special Rate
o Approx. 56 residential properties use Grays Lane
· Section 94 (none available until 2022/23)
· General Revenue
· Combination of above options (recommended)
Options Assessment
(this table has also been provided as an attachment TRIM #E2018/38074 )
Proposed Action To Move Forward
· Further develop Option 3 estimate
· Construct Option 3 next financial year
· Possible funding
o Section 94
o NPWS Contribution
o General Revenue 2018/19
o Special Rate ($4,750pp): $266,000
· Report to Council to seek endorsement of recommended way forward
Outcomes from the presentation to Council’s Strategic Planning Workshop included the following actions:
1. Investigate the legality of narrowing the road to save cost and protect the Koala population. This would include a lower speed limit.
2. Further review construction estimates, including the above option.
3. Write to NPWS requesting they contribute funds towards upgrading Grays Lane because the nation park users generate significant amount of traffic on Grays Lane. Letters is to detail the options Councils in considering, the likely costs and funds Council has available.
4. Write to residents to provide an update on works to date and advise on the options being investigated. Letter should include a link to a survey asking, how much property owners would be willing to contribute in order to bring the project forward, their design standard desires, including flood immunity preferences.
5. Report back to Council once the above has been investigated and a preferred way forward can be recommended.
These actions are currently being worked on by Council Staff, with letters sent to residents in accordance with point four above. Once responses have been collected and actions completed, Staff will report back to Council at its 14 August 2018 Ordinary Meeting with further recommendations.
Financial Implications
No negative implications in the recommendations of this report.
Statutory and Policy Compliance Implications
Council must provide reasonable infrastructure, as resources and priorities permit. Where existing infrastructure becomes known to be inadequate for any reason within the control of Council, repair, renewal and upgrade of these assets is a fundamental component of meeting Council’s obligations.
Provision of road infrastructure is a legitimate function of local government under the Local Government Act 1993. Council is also responsible for the provision of safe assets under the Roads Act 1993.
Resolving as recommended demonstrates that Council is carrying out its functions to the best of its ability and following best practice processes.
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 13.21
Report No. 13.21 Compulsory acquisition Lot 11 in DP 1239057 Main Arm proposed extension to Main Arm Rural Fire Brigade Station
Directorate: Infrastructure Services
Report Author: Darren McAllister, Acting Open Space and Facilities Coordinator
File No: I2018/825
Theme: Community Infrastructure
Open Space and Recreation
Summary:
At the Ordinary Meeting of 20 March 2014, Council resolved as follows in relation to Compulsory acquisition part Crown public road R755687 Main Arm proposed extension to Main Arm Rural Fire Brigade Station, Attachment 1 (E2013/73811):
Resolution 14-078
Resolved:
1. That Council proceed with compulsory acquisition in accordance with the Land Acquisition (Just Terms Compensation) Act and Section 177 of the Roads Act 1993, for part
Crown public road part Reserve 755687 being part Lot 447 DP 257132 (including all mines and minerals in the land) as identified in the draft plan at Annexure 4(c) #E2013/67385, subject to:
a) agreement being reached to the satisfaction of both Council and Crown Lands on the amount of compensation payable;
b) consent from Crown Lands for the acquisition; and
c) approval from the Minister for Local Government and/or Governor for the acquisition.
2. That Council authorise the General Manager to take the necessary steps to proceed with the land acquisition, including but not limited to:
a) negotiate with Crown Lands regarding amount of compensation payable to reach agreement to the satisfaction of both Council and Crown Lands;
b) seek consent from Crown Lands for the acquisition;
c) apply to the Minister for Local Government to approve the giving of a proposed acquisition notice and/or make recommendation to the Governor to publish an acquisition notice by gazettal;
d) affix the Council Seal to acquisition and land title documentation for the acquisition of part Lot 447 DP 257132, in accordance with Regulation 400 of the Local Government (General) Regulations 2005.
3. That upon acquisition, Council resolve to classify the land as Community Land categorised as General Community Use - Community Facilities for the essential public purpose of emergency services.
(Woods/Richardson)
In the final stages of the acquisition process, the Office of Local Government advised Council that:
Council resolution 14-078 is too old (as it was passed more than 12 months prior to the 2016 Council election). Council will need to re-resolve to acquire the land.
This report recommends that the matter be re-resolved to allow for the application assessment to re-commence in accordance with the accordance with the Land Acquisition (Just Terms Compensation) Act and Section 177 of the Roads Act 1993.
1. That Council make an application to the Minister and the Governor for approval to acquire land described as Lot 11 in DP 1239057 (Attachment 2 E2018/40602) by compulsory process under section 177(1) of the Roads Act 1993 for the purpose of emergency services, namely, extending the Main Arm Rural Fire Brigade Station in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991. 2. That the land be classified as Community Land categorised as General Community Use. |
1 Report to Ordinary Meeting 20/3/2014 Compulsory acquisition part Crown public road R755687 Main Arm proposed extension to Main Arm Rural Fire Brigade Station, E2013/73811 ⇨
2 Deposited plan DP1239057 plan, E2018/40602 ⇨
Report
Council Staff from across directorates has progressed the compulsory acquisition of Crown public road part Reserve 755687 being part Lot 447 DP 257132 in accordance with the Land Acquisition (Just Terms Compensation) Act and Section 177 of the Roads Act 1993.
A completed application was submitted 5 February 2018. The main elements of the application include:-
1. Councils Details and Councils Resolution to Acquire the Land
2. Legislative Provisions that allow for the Acquisition
3. Public purpose for which the land is being acquired details
4. Legal Description of the land and details of any existing encumbrances
5. Landowners consent including landowners that have a legal interest in the land (e.g. any utility services)
6. Native Title details such as Native Title Claim searches and or details of Native Title extinguishment.
7. Compensation payable (determined as $3,500)
8. Registered Acquisition survey plan
Advice was recently received from the Office of Local Government (OLG), that
Council resolution 14-078 is too old (as it was passed more than 12 months prior to the 2016 Council election). Council will need to re-resolve to acquire the land.
This report recommends that the matter be re-resolved to allow for the application assessment to re-commence in accordance with the accordance with the Land Acquisition (Just Terms Compensation) Act and Section 177 of the Roads Act 1993.
Financial Implications
Compensation Payable $3,500
Statutory and Policy Compliance Implications
Section 177(1) of the Roads Act 1993
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 13.22
Report No. 13.22 Tweed Street Master Plan Status Update
Directorate: Infrastructure Services
Report Author: Daniel Strzina, Project Engineer
Evan Elford, Team Leader Infrastructure Planning
File No: I2018/826
Theme: Community Infrastructure
Local Roads and Drainage
Summary:
The purpose of this report is to provide to Council a status update on the Tweed Street Master Plan project and to seek resolution from Council on the recommendations.
RECOMMENDATION: 1. That Council note the current status of the Tweed Street Master Plan project.
2. That the Tweed Street Master Plan as a stand-alone project be put on hold until the Brunswick Heads Master Plan and associated Access and Movement Strategy have been developed, noting that the works undertaken and plans developed for the Tweed Street Master Plan will be supplied as supporting information to the consultant tasked with preparing the Brunswick Heads Master Plan and associated Access and Movement Strategy.
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1 24.2008.68.1 Tweed Street Master Plan Options Report - Public Consultation Draft, E2017/3980 ⇨
Report
Council at its meeting on 17 March 2016 considered a staff report (I2016/152) on the subject matter and resolved as follows:
16-102 |
Resolved: 1. That staff proceed with the geotechnical report, identification of public utility service locations and cost estimations within the existing approved budget and use this as a basis for the consultation as set out in item 3a).
2. That staff consult with the community on the Tweed Street Masterplan.
3. That prior to the commencement of the consultation, staff prepare a consultation plan with options on: a) proceeding with the existing Masterplan, including funding risks and opportunities; b) not proceeding with the Masterplan and amending the Section 94 Plan to collect funds for alternative amenity improvement works in Brunswick Heads as a priority. (Woods/Richardson) The motion was put to the vote and declared carried. |
Tweed Street Options Assessment
In accordance with point one of the above resolution, Council engaged specialist consultant Planit Engineering for the development of the Tweed Street Options Assessment. The scope of this project was to develop and assess three options for the upgrade of a 315m section of Tweed Street, from Booyun Street to Mullumbimbi Street, with the purpose of improving amenity of the road space and the adjacent precinct.
The Options Assessment provides insight into existing constraints, investigates opportunities for upgrade and assesses three upgrade options with recommendations based on field and desktop based technical investigations including:
· Detailed underground services locating
· A feature survey of the area
· Geotechnical investigations
· Drainage assessment
The Options Assessment considered a Draft Master Plan developed by Social Habitat in collaboration with the Tweed Street Action Group (TSAG) that promoted the following key design ideas:
· Tweed Street will be returned to a slower, quieter and more narrow street.
· The road will be lined with street trees that are distinct to Brunwick Heads relating to both its natural environment and cultural heritage.
· The shared path will create a spine for art installations that interpret various parts of the environment, people and history of Brunswick Heads.
· The existing stormwater system and ‘nature strip’ will not be altered. Except in the new pocket park in front of the ‘Breeze’ housing development.
Strategic Planning Workshop
The findings and options developed as part of the Options Assessment were reviewed and discussed at Council’s Strategic Planning Workshop on 8 June 2017.
The outcomes of the Workshop were as follows:
1. Tweed Street has deep and good quality pavement, therefore moving the road off this pavement to create a central median is not recommended.
2. Drainage is an issue in the surrounding area and the trunk main system is aging. Replacement of this should be considered as part of any upgrades to Tweed Street.
3. Option 1 was the preferred option because it was simple, cheap and achievable.
4. Parts of options 2 and 3 are desirable and should be considered as part of a bigger master plan for Brunswick Heads
5. A movement, transport and parking strategy should be used to help guide the future upgrade of Tweed Street and Master Plan.
6. Further comment from RMS should be sought on; roundabouts, cycleways, and pedestrian crossings.
7. Council would like to see recommendations brought back that involve:
• Approval of the preferred option, whilst keeping some other options open.
• A program of low cost projects that can be funded and achieved in the short term.
• Long term goals to put into the master plan.
• A proposal to prepare a master plan.
Community Consultation
In compliance with the outcomes above and to initiate community consultation on the matter, RMS comments and recommendations for small low cost projects were collected and presented with the Options Assessment to the TSAG for discussion. The purpose of the meeting was to seek initial feedback and comments on the options, as well as strategically plan the community consultation process. The outcomes of this meeting were as follows:
· The TSAG was disappointed in the report and options prepared by the consultant.
· The TSAG held a strong belief that the consultant has not properly considered the original Draft Master Plan and/or the level of community ownership of that plan.
· There was a high level of understanding of the community wishes within the TSAG that may not have been well understood by Council.
· The TSAG expressed their need to have an ongoing high level of involvement in the process.
· The TSAG had concerns that further public consultation providing three options for consideration and comment would be detrimental to the process and would open up divisions within the community.
· The TSAG suggested that the report and options should be modified whilst preferring that only one option be put to the community for consideration and comment.
· The TSAG suggested that the modified option should be presented in a way that it is easy to add or remove components to ensure the project meets budgetary constraints.
· The TSAG identified a number of issues with the options currently being presented which need modification before being presented to the community should Council determine to proceed with undertaking broader community consultation on all options as follows:
o Option 1 – maximise green space, provide additional parking and detail planting
o Option 2 – more parking required, remove one pedestrian crossing zone so as to provide two only
o Option 3 – modify the lane alignments to provide for sheltered right turn lanes and stacking of turning vehicles.
· The TSAG consider there are other points of contention applicable to all options that include the location of a deck, landscape treatments and potentially the location of cycleways.
As a consequence of this initial meeting with the TSAG, broader community consultation has not been progressed as the feedback raises concerns about continuing the consultation process with the documentation as it stands. Further concerns come from the fact that there are several other community groups within Brunswick Heads with views and objectives that are not necessarily aligned with those of the TSAG.
Funding
Completion of community consultation and associated reporting to Council would be required for Council to resolve in relation to a preferred option which would be necessary in making any application for grant funding.
All options at this stage have costs in the order of $1 million and Council does not currently have future funding commitments in place to implement any of the options. It would also be considered inappropriate to take options with costs of this order of magnitude to the community if grant funding of $600k is the likely maximum available, since community expectations would not be met.
Future Actions
Advice is sought from Council on how to proceed with this project, with the following comprising potential paths forward:
1. Resume community consultation based on the documentation prepared to date, as presented to the Strategic Planning Workshop. In this case the Options Assessment in its current form would be consulted on, with feedback to be reported to Council in due course.
2. Modify the existing documentation in collaboration with the Tweed Street Action Group prior to proceeding with further community consultation. In this case the Options Assessment would be revised in line with feedback from the initial limited community consultation undertaken prior going out to full community consultation.
3. Delay any further consultation until a Brunswick Heads Master Plan and associated Access and Movement Strategy has been developed, noting that there is currently no timeframe or budget defined for these works to be undertaken. In this case it should be noted that the works undertaken and plans developed for the Tweed Street Master Plan would be supplied as supporting information to the consultant tasked with preparing the Brunswick Heads Master Plan and associated Access and Movement Strategy if and when this were to occur.
Financial Implications
Council have previously allocated $20,000 for the community consultation phase of this project, of which roughly $15,000 remains reserved for this purpose.
Statutory and Policy Compliance Implications
Local Government Act 1993
Roads Act 1993.
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 13.23
Report No. 13.23 Brunswick Valley Sustainability Centre Reforestation Project
Directorate: Infrastructure Services
Report Author: Peter Rees, Manager Utilities
File No: I2018/836
Theme: Community Infrastructure
Sewerage Services
Summary:
The Byron Bay Reforestation group has made representations to Council to undertake rehabilitation of the big scrub in the sections nominated in the Management Plan for the Brunswick Valley Sustainability Centre.
Council will need to undertake maintenance works in the old nursery to allow these activities to commence. The project will embody community partnership and will utilise recycled water and biosolids from the adjacent Brunswick valley Sewage Treatment Plant.
RECOMMENDATION: That Council:-
1) Approve the Byron Bay Reforestation Project to use a section of the old nursery on the Brunswick Valley Sustainability Centre to prepare plantings for rehabilitation of the degraded big scrub areas nominated in the Management Plan for the site; and
2) Allocate $50,000 from the Sewer Fund to undertake maintenance work on the nursery site and $25,000 to match grant funding applications.
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Report
The Management Plan for the Brunswick Valley Sustainability Centre was adopted by Council in October 2017. Included in the plan on the site there are approximately 50 hectares of degraded land that are available for rehabilitation of the original big scrub country.
Council has had representations from the Byron Bay Reforestation Project Inc (BBRFP) to develop suitable plantings for rehabilitation of this area. BBRFP has been successfully undertaking similar work in the Daintree. It is envisioned the plantings will be developed and supplied by the BBRFP using a section of the old Valences Road nursery and, with community support, will be planted and maintained at the Brunswick Valley Sustainability centre.
Appropriate grant funding will be sought to leverage sewer funds to undertake this work. It is proposed to provide $25,000 from the sewer fund to match grant funding.
It is anticipated this project will utilise recycled water and biosolids from the adjacent Sewage Treatment Plant, the infrastructure for which will be supplied by Council. Maintenance works will be required on the nursery site to bring it back to a suitable state for this activity. These works will be procured using Council’s standard procurement processes. A budget of $50,000 is sought from the Sewer Fund to initiate these works
This will be a mutually beneficial project in accordance with the Management Plan for the site that will demonstrate sustainability initiatives in partnership with the community and utilising recycled water reducing effluent discharged into the Brunswick River.
Financial Implications
A budget of $75,000 is sought from the Sewer Fund to initiate this project.
Statutory and Policy Compliance Implications
Nil
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 13.24
Report No. 13.24 Recycled Water Irrigation Projects Byron Bay
Directorate: Infrastructure Services
Report Author: Peter Rees, Manager Utilities
File No: I2018/844
Theme: Community Infrastructure
Sewerage Services
Summary:
The Byron Bay Urban Recycled Water scheme expansion was completed in 2017.
To maximise the use of recycled water, project approval and funding via a Council Resolution is being sought to expand and install irrigation systems into Railway, Dening and Apex parks as well as the Cavanbah centre.
Total costs for these works are estimated to be $404,000 with funds being available from Water and Sewer Section 64 and Crown Paid Parking.
RECOMMENDATION: That Council:-
1) Approve the Byron Bay Urban Recycled Water Scheme irrigation installation and upgrade projects at:-
· Railway Park · Denning Park · Apex Park; and · The Cavanbah Centre
2) Allocate the following funding for the projects in the 2018/19 Budget from the Water and Sewer Section 64 ($382,760) and Crown Paid Parking ($21,240).
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Report
Council’s Community Strategic Plan 2027 recognises both the need to improve streetscapes of Byron Shire towns and villages and to increase use of recycled effluent sources. This project is a joint initiative of Open Space and Utilities from the Infrastructure Services Directorate to implement these strategic aims. A combined approach was taken seeking opportunities to utilise recycled water, and to improve the amenity of high profile assets.
Presentation of high profile, high use open space parkland areas such as Apex Park, Denning Park and Railway Park has a significant impact on community and visitor perceptions of Byron Shire. Maintaining turf cover within high use parks requires a regular program of watering. Periods of dry weather coupled with high tourist and community use places significant stress on these parks. Currently manual watering processes are inefficient. Recycled water is available at these locations but Council currently lacks an efficient delivery mechanism.
The Cavanbah centre was commissioned with an automated watering system however design flaws have prevented the system from operating as required. Significant works are required to allow best practice operation.
In ground irrigation needs to be installed within Railway Park as a component of the funded upgrade works later this year. Apex Park and Dening Park will also be prioritised in the winter of 2018, when visitor numbers are lowest. Cavanbah upgrades will be coordinated as between season works.
Approval is being sought for the Byron Bay Urban Recycled Water Scheme irrigation installation and upgrade projects (now for implementation in 2018/19) including the following works.
Central Controller System - Irrigation central control enables the programming, monitoring and operation of irrigation systems from off site locations. Once Council has invested in a central controller system all existing and future irrigation systems can be easily linked to allow consistency of management.
The central control uses the data from on-site weather stations, in ground moisture sensors, evapotranspiration, winds and rainfall to ensure optimum watering for turf health. Irrigation programs can adjust automatically according to weather conditions, and factors such as potential drift spray can be avoided through limiting operation under predetermined weather conditions. Data from the controller will also allow decisions on suitability of play on fields without the need for a site inspection.
A central controller will also provide real time reporting of maintenance issues, such a broken sprinklers or pipes, and allow remote adjustment to programs to accommodate events or activities on the grounds as required, and will capture data to allow analysis and reporting.
Apex and Dening Parks - Council gardeners look to maintain turf cover across Apex Park through regular watering, aeration and fertilisation programs. Manual watering does not sustain the turf, and the combined stress of high use and low moisture results in turf decline and emergent pioneer weeds becoming dominant.
To assist in maintaining turf cover large areas of the park must be periodically rested by fencing. The most highly used sections of the park currently have annual returfing programs to restore grass cover for peak seasons. These programs are intrusive with required fencing having a negative impact on amenity.
The ability to provide regular, uniform water will allow grass to continue to grow through the dry season, and keep the turf in best possible condition through the peak season. Automated irrigation will free up staff time, allow a greater focus on garden and improvements. Irrigation also allows the opportunity to distribute soluble fertilisers to assist with turf conditioning.
Technology has advanced significantly since previous irrigation systems were installed in Apex Park. There are demonstrated sustainable solutions for irrigation in many similar parkland locations, and Council will be benefitting from lessons learnt across the industry with the proposed installations.
Railway Park - Railway Park is envisaged within the Byron Bay Town Centre Master Plan as “Railway Square”, a primary gateway space within the CBD area that has for generations being a community gathering space. The Master Plan sees Railway Square being reinvigorated as a focal point for cultural, artistic and community activities.
In order the realise this, Council is currently planning an upgrade program that will see improved public spaces and garden areas. In order to ensure that the landscaping upgrades are sustainable it is essential that irrigation is included. In-ground irrigation has been considered within the planning documents for the grant funded project but is currently not part of the funded works.
Cavanbah Sports Centre - The existing irrigation system has a number of issues that have impacted operation. Council’s consultant undertook a detailed audit of the system to identify the scope of issues, and provide recommendations. Undertaking reactive repairs is not an effective approach due to the scope of the problems. A full refurbishment is now required to get the system to a point where it delivers what Council and users expect of it.
If the recommended works are undertaken, the system will provide effective, sustainable irrigation using reuse water for an estimated 25 yrs. Connection to a central controller will make system management simpler.
Utilities branch have funds available for expansion of recycled water programs, and it is proposed this budget be leveraged for the required recycled water irrigation installations. Cost estimates for the individual components of the rollout are shown in the below table.
Central Controller $46,000 – Section 64 funds
Cavanbah Centre $94,000 – Section 64 funds
Railway Park $52,000 – Section 64 funds
Apex Park $124,000 – $12,300 Crown Paid Parking / $110,700 Section 64 funds
Dening Park $90,400 - $8,940 Crown Paid Parking / $80,460 Section 64 funds
Total $404,000
Financial Implications
As detailed within the report.
Statutory and Policy Compliance Implications
Nil
BYRON SHIRE COUNCIL
Reports of Committees - Sustainable Environment and Economy 14.1
Reports of Committees - Sustainable Environment and Economy
Report No. 14.1 Report of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 26 April 2018
Directorate: Sustainable Environment and Economy
Report Author: Sharyn French, Manager Environmental and Economic Planning
File No: I2018/809
Theme: Ecology
Planning Policy and Natural Environment
Summary:
The attachment to this report provides the minutes of the Sustainability and Emissions Reduction Advisory Committee Meeting of 26 April 2018 for determination by Council.
RECOMMENDATION: That Council note the minutes of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 26 April 2018.
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1 Minutes 26/04/2018 Sustainability and Emissions Reduction Advisory Committee, I2018/792 ⇨
Report
The attachment to this report provides the minutes of the Sustainability and Emissions Reduction Advisory Committee Meeting of 26 April 2018 for determination by Council. The agenda for this meeting can be located on Council’s website at:
https://byron.infocouncil.biz/RedirectToDoc.aspx?URL=Open/2018/04/SERAC_26042018_AGN_892_AT.PDF
The committee recommendations are supported by management and are provided in the attachment to this report.
Financial Implications
As per the Reports listed within the Sustainability and Emissions Reduction Advisory Committee Meeting of 26 April 2018.
Statutory and Policy Compliance Implications
As per the Reports listed within the Sustainability and Emissions Reduction Advisory Committee Meeting of 26 April 2018.
BYRON SHIRE COUNCIL
Reports of Committees - Sustainable Environment and Economy 14.2
Report No. 14.2 Report of the Biodiversity Advisory Committee Meeting held on 30 April 2018
Directorate: Sustainable Environment and Economy
Report Author: Sharyn French, Manager Environmental and Economic Planning
File No: I2018/833
Theme: Corporate Management
Governance Services
Summary:
The attachment to this report provides the minutes of the Biodiversity Advisory Committee Meeting of 30 April 2018 for determination by Council.
RECOMMENDATION: That Council note the minutes of the Biodiversity Advisory Committee Meeting held on 30 April 2018. |
1 Minutes 30/04/2018 Biodiversity Advisory Committee, I2018/791 ⇨
Report
The attachment to this report provides the minutes of the Biodiversity Advisory Committee Meeting of 30 April 2018 for determination by Council. The agenda for this meeting can be located on Council’s website at:
https://byron.infocouncil.biz/RedirectToDoc.aspx?URL=Open/2018/04/BAC_30042018_AGN_895_AT.PDF
The meeting was held as a bus tour to key sites in Byron Bay and Brunswick Heads to assist Committee members in the understanding of the agenda item regarding the Draft Integrated Pest Management Policy.
Financial Implications
As per the Reports listed within the Biodiversity Advisory Committee Meeting of 30 April 2018.
Statutory and Policy Compliance Implications
As per the Reports listed within the Biodiversity Advisory Committee Meeting of 30 April 2018.
BYRON SHIRE COUNCIL
Reports of Committees - Infrastructure Services 14.3
Reports of Committees - Infrastructure Services
Report No. 14.3 Report of the Transport and Infrastructure Advisory Committee Meeting held on 20 April 2018
Directorate: Infrastructure Services
Report Author: Dominika Tomanek, Executive Assistant Infrastructure Services
File No: I2018/815
Theme: Community Infrastructure
Roads and Maritime Services
Summary:
The attachment to this report provides the minutes of Extraordinary Transport and Infrastructure Advisory Committee Meeting held on 20 April 2018 for determination by Council.
RECOMMENDATION: 1. That Council note the minutes of the extraordinary Transport and Infrastructure Advisory Committee Meeting held on 20 April 2018.
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1 Minutes 20/04/2018 Transport and Infrastructure Advisory Committee Extraordinary, I2018/699 ⇨
Report
The attachment to this report provides the minutes of the Transport and Infrastructure Advisory Committee Meeting of 20 April 2018 for determination by Council. The agenda for this meeting can be located on Council’s website at:
https://byron.infocouncil.biz/Open/2018/04/TIAC_20042018_AGN_897_AT_EXTRA.PDF
Committee Recommendation
The committee recommendations are supported by management and are provided in the attachment to this report.
Financial Implications
As per the Reports listed within the Transport and Infrastructure Advisory Committee Meeting of 20 April 2018.
Statutory and Policy Compliance Implications
As per the Reports listed within the Transport and Infrastructure Advisory Committee Meeting of 20 April 2018.
BYRON SHIRE COUNCIL
Questions With Notice 15.1
Question with Notice No. 15.1 Valances Road Plan of Management
File No: I2018/782
At Council’s Ordinary Meeting held on 19 April 2018, Matthew O’Reilly submitted the following question which was taken on notice:
The current 2017 Plan of Management for Valances Road, Mullumbimby maps large areas of the land as eco-wetland and key fish habitat yet despite this mapping most of these areas are not included as Natural Vegetation or Environmental Land areas or as constrained land, instead they are included for community, housing and biomass project areas. How can Council justify ignoring its eco-wetland map and key fish habitat map under this Plan of Management and supporting development over these areas?
Response Director Infrastructure Services:
The proposed project area mapping is intended to show indicative high-level proposed project areas/precincts, not intensive development plans. Prior to any projects proceeding, the layouts, designs and applications for consents would be prepared in compliance and congruent with all land use and setbacks for ecological, environmental and key habitat values. The natural environmental values of the land will be maintained in tandem with the potential projects contemplated for the Sustainability Centre. Land use requirements and environmental constraints will all be respected.
Please note, Council Resolution 17-459 renamed the plan to the Brunswick Valley Sustainability Centre Management Plan.
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BYRON SHIRE COUNCIL
Questions With Notice 15.2
Question with Notice No. 15.2 Woolies Car Park
File No: I2018/783
At Council’s Ordinary Meeting held on 19 April 2018, John Anderson submitted the following question which was taken on notice:
Why didn’t Council require Woolworths, Byron Bay to lodge a development application prior to its occupation, alteration and use of adjoining railway land as a car park, and, if the said use is indeed unauthorised due to a lack of development consent, what is the legal status of the parking restrictions and the risk to Council in terms of public liability?
Response Legal Counsel:
Legal Counsel met with Mr Anderson to clarify the area to which the question related. There was confusion as to the Woolworths car park and parking restriction and the “adjoining railway land”.
No development application was necessary to enable the establishment and enforcement of car parking on land located at 90-96 Jonson Street, Byron Bay (Lot 5, DP 619224).
In late 2014 and early 2015 Council entered into discussions with the landowner in in respect of the creation of a Free Parking Agreement pursuant to the provisions of section 650(6) of the Local Government Act 1993. That section provides that the owner of any private land may enter into an agreement with the council under which the land, or any part of the land, is set aside for use as a free parking area.
The in principle agreement was reported to the Local Traffic Committee on 6 February 2015 which in turn reported it to Counsel at its Ordinary Meeting on 25 February 2015.
On 26 February 2015 Council resolved:
15-070 Resolved:
1. That Council approves a 2P time limit which is effective 9am to 6pm each day and it applies where signed in the car park located at 90-96 Jonson Street, Byron Bay (Lot 5, DP 619224).
2. That Council suggests to the owner that 15 minute pick up / drop off zones and ‘parents with prams’ bays, as well as disabled parking bays be considered in line with current parking standards.
3. That any proposed regulatory changes in the car park while under lease to, or subject to agreement with Council, will need referral to the Local Traffic Committee for approval.
The agreement was subsequently entered into. It commenced on 2 March 2015 and continues for a period of five years.
The agreement incorporates parts 1 and 3 of the Resolution and the disabled parking bays component of part 2. The balance of part 2 was raised with the property owner who did not reject the suggestion but indicated that the agreement should commence without the inclusion of pickup/drop-off zones and pram bays whilst leaving it open for the suggestion to be reconsidered.
Upon entry of a Free Parking Agreement with a Council the landowner effectively turns over the land to Council control for the purposes of ensuring compliance with parking restrictions which, by the agreement, become a law-enforcement function of Council.
The agreement provides that Council retains the fine revenue generated from enforcement of permissive parking in the parking area.
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BYRON SHIRE COUNCIL
Questions With Notice 15.3
Question with Notice No. 15.3 Brunswick Valley STP Monitoring Point 5
File No: I2018/784
At Council’s Ordinary Meeting held on 19 April 2018, Patricia Warren submitted the following question which was taken on notice:
What is the daily inflow at the Brunswick Valley STP’s Monitoring Point 5 31 January 2018 to date?
Response Director Infrastructure Services:
A copy of the recorded inflow in kilolitres per day is attached. (E2018/38198).
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1 BVSTP Flows Jan 31 to 4 May 2018, E2018/38198 ⇨
BYRON SHIRE COUNCIL
Confidential Reports - General Manager 16.1
Confidential Reports - General Manager
Report No. 16.1 Confidential - General Manager Recruitment
Directorate: General Manager
Report Author: Kylie Armstrong, Manager People and Culture
File No: I2018/878
Theme: Corporate Management
Organisation Development
Summary:
Council resolved at its February 2018 Ordinary Meeting (Resolution 18-062) to engage Executive Recruiter MacArthur for the appointment of a new General Manager and that Council commence the recruitment process.
Council’s recruitment panel has completed shortlisting and interviews with a selection report being prepared by McArthur.
Due to the confidential nature of the selection process, candidate’s names have not been included in the selection report and have been de-identified. Councillors are aware of the identification of the candidates.
The selection report will be provided to Councillors once the process is finalised. Should the process not be finalised prior to the 24 May 2018 Ordinary Meeting, this report will be deferred to the next appropriate meeting.
RECOMMENDATION:
1. That pursuant to Section 10A(2)(a), (c) and (d)i of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report General Manager Recruitment.
2. That the reasons for closing the meeting to the public to consider this item be that the report contains:
a) personnel matters concerning particular individuals (other than councillors)
b) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business
c) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it
3. That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as:
Disclosure could adversely impact Council's position in the upcoming negotiations.
BYRON SHIRE COUNCIL
Confidential Reports - Corporate and Community Services 16.2
Confidential Reports - Corporate and Community Services
Report No. 16.2 Confidential - Byron Shire Council purchase from Health Administration Corporation
Directorate: Corporate and Community Services
Report Author: Ralph James, Legal Counsel
Christopher Soulsby, Development Planning Officer S94 & S64
File No: I2018/606
Theme: Corporate Management
Governance Services
Summary:
By letter dated 10 May 2017 the Minister for Health made an offer to Council to enter into
a contract for sale for $1 and accepting the property “as is” including any contamination or hazardous substances on the site and on the basis that NSW Health is fully indemnified of any future liability for any claim to costs for demolition of buildings and remediation of the site; and that Council arrange for demolition of all buildings and remediation of the site at Council’s cost.
The Minister’s offer was considered by Council and an alternative proposal was put to the Minister.
By letter dated 25 September 2017 the Minister put a revised offer to Council agreeing
to remove the conditions of sale requiring demolition of the buildings on certain conditions.
Council considered each of the Minister’s offers and resolved to receive a further report on the projected costs of contaminated site management, site holding costs, demolition of all structures and full site remediation for the site.
On 20 March 2018 Council received a revised contract.
The terms and implications of that contract are the subject of this report. In particular, detailed reference is made to special condition clause 5.1 and associated positive and restrictive covenants. The implications of the clause and the covenants are set out in the report.
It is recommended that Council not proceed with the purchase if special condition 5.1 and the positive and restrictive covenants remain in place.
RECOMMENDATION:
1. That pursuant to Section 10A(2)(c), (d)i and (d)ii of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report Byron Shire Council purchase from Health Administration Corporation.
2. That the reasons for closing the meeting to the public to consider this item be that the report contains:
a) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business
b) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it
c) information that would, if disclosed, confer a commercial advantage on a competitor of the council
3. That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as:
The information in the proposed contract is commercial in confidence as between the parties to it. The information in the financial modelling is considered confidential as to not provide a competitive advantage to any other potential interested party.
1 Confidential - Letter from Health to Council re proposed contract, E2018/28443
2 Confidential - Contract Health to Council, E2018/28444
3 Confidential - Letter from A/GM to Health 26/4/18, E2018/35563
BYRON SHIRE COUNCIL
Confidential Reports - Sustainable Environment and Economy 16.3
Confidential Reports - Sustainable Environment and Economy
Report No. 16.3 Confidential - Expression of Interest 2018-0018 - Multi Use of Byron Shire Rail Corridor
Directorate: Sustainable Environment and Economy
Report Author: Tania Crosbie , Economy and Sustainability Coordinator
Bronwyn Challis, Strategic Procurement Co-ordinator
Joshua Winter, Civil Engineer
Therese Black, Business Analyst
Tara McGready, Place Planning Coordinator
Tony Nash, Manager Works
File No: I2018/808
Theme: Economy
Economic Development
Summary:
At its meeting on 22 March 2018 Council resolved (18-192) as follows:
1. That Council endorse the Expression of Interest for the Multi Use of Byron Shire Rail Corridor (Bangalow to Yelgun) documents (E2018/17051 and E2018/17429) to be used to advertise for Expressions of Interest to complete the study.
2. That staff present the Expressions of Interest assessment panel’s report to Council’s 24 May 2018 ordinary meeting to seek Council’s endorsement of proponents to proceed to a selective Request for Tender.
The Expression of Interest is the first stage of a two-stage procurement process. Following the EOI stage, short-listed proponents will be invited to submit a tender with a more detailed delivery plan and price.
The Request for Expressions of Interest was advertised from 3 April 2018 to 26 April 2018. Expressions of Interest (EOI) were received from the following organisations
· Arcadis
· Caldis Cook Group
· Cox Architecture
· Kellogg Brown and Root
· Plateway
The EOIs have been assessed in accordance with the provisions of the Local Government (General) Regulations 2005. This report summarises the background and assessment of the EOIs and provides a recommendation of the short-listed proponents to proceed to be invited to participate in the selective request for tender stage.
RECOMMENDATION:
1. That pursuant to Section 10A(2)(c) and (d)i of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report Expression of Interest 2018-0018 - Multi Use of Byron Shire Rail Corridor.
2. That the reasons for closing the meeting to the public to consider this item be that the report contains:
a) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business
b) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it
3. That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as:
the evaluation report contains information that, if disclosed, could prejudice the commercial position of the person who supplied it.
OR, ALTERNATIVELY WHERE THE MEETING IS NOT PROPOSED TO BE CLOSED:
RECOMMENDATION:
1. That pursuant to Section 11(3) of the Local Government Act, 1993, resolve that the Annexures to the report, Expression of Interest 2018-0018 - Multi Use of Byron Shire Rail Corridor are to be treated as confidential as they relate to matters specified in s10A(2)(c) and s10A(2)(d)i of the Local Government Act 1993.
2. That Council adopt the recommendation set out on the final page of the Report.
1 Confidential - 2018-0018 Rail Corridor EOI Stage 1 Evaluation Report, e2018/40780
BYRON SHIRE COUNCIL
Confidential Reports - Infrastructure Services 16.4
Confidential Reports - Infrastructure Services
Report No. 16.4 Confidential - 2017-0042 - Bus Shelter Tender - Award of Tender
Directorate: Infrastructure Services
Report Author: Dominic Cavanough , Contract Engineer
File No: I2018/700
Theme: Community Infrastructure
Asset Management
Summary:
On 31 August 2017, the General Manager, under delegated authority, approved the use of the open tender method to invite tenders for Contract 2017-0042 Supply and Installation of Bus Shelters.
The Request for Tender was advertised from 23/01/2018 to 13/02/2018.
Tenders were received from the following organisations:
· Claude Outdoor Ptd Ltd
· Felton Industries Pty Ltd
· Sidewinder Advertising Pty Ltd
Tenders have been assessed in accordance with the provisions of the Local Government (General) Regulations 2005. This report summarises the background and assessment of the tenders and provides a recommendation to award the tender for Contract 2017-0042.
The tender award recommendation was reported to Council on 19 April and Council determined to defer the matter and seek additional information as noted in the following resolution.
Resolution 18-281
That Council:
1. Defer consideration of the tender to the next meeting of Council.
2. Receive a report on the implications to the grant of exploring alternative bus shelter designs, and that this report also look at possible replication of the recent bike rack design competition in the establishment of bus shelters.
This report provides the additional information requested, provides options for Council consideration in relation to bus shelter design improvements and design competitions together with recommendations in relation to award of tender for supply and installation of new bus shelters to meet grant funding requirements.
RECOMMENDATION:
1. That pursuant to Section 10A(2)(c) and (d)i of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report 2017-0042 - Bus Shelter Tender - Award of Tender.
2. That the reasons for closing the meeting to the public to consider this item be that the report contains:
a) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business
b) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it
3. That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as:
Disclosure of information that may need to be discussed could prejudice the commercial position of the person who supplied the information.
OR, ALTERNATIVELY WHERE THE MEETING IS NOT PROPOSED TO BE CLOSED:
RECOMMENDATION:
1. That pursuant to Section 11(3) of the Local Government Act, 1993, resolve that the Annexures to the report, 2017-0042 - Bus Shelter Tender - Award of Tender are to be treated as confidential as they relate to matters specified in s10A(2)(c) and s10A(2)(d)i of the Local Government Act 1993.
2. That Council adopt the recommendation set out on the final page of the Report.
1 2017-0042 - Bus Shelter Tender - Map of 11 bus shelters to be replaced, E2018/34159
2 CPTIGS Funding Letter, S2017/15144
3 Tender Panel - Evalutation Report, E2018/35546