Attachments of Ordinary Meeting

BYRON SHIRE COUNCIL

Ordinary Meeting

Public bsc_logo_150dpi_rgb ATTACHMENTS

EXCLUDED FROM THE

Ordinary Meeting AGENDA

OF 20 September 2018

9. Notices of Motion

9.2 Drainage concern about stormwater flowing under Ewingsdale Road, from the Byron Industrial Estate

Attachment 1... Attachment to NoM - Vidal Property & Drainage Lines............................. 6

11. Submissions and Grants

11.1 Byron Shire Council Submissions and Grants as at 29 August 2018

Attachment 1... Byron Shire Council Submissions and Grants as at 29 August 2018....... 7

13. Staff Reports

General Manager

13.2 Consolidation of 12 Lots in DP 4974 into two new Lots

Attachment 1... Bangalow Historical Society - 10.2017.598.1 - Notice of Determination - Approval................................................................................................................. 10

13.3 Lease for Massinger Street treehouse

Attachment 2... Structural Engineers Certificate: Lease treehouse to Mell Coppin 77 Massinger St................................................................................................................. 18

Attachment 3... Aborist report: Lease treehouse to Mell Coppin 77 Massinger St........... 20

Attachment 4... Submissions on proposed lease for treehouse 77 Massinger St Byron Bay 27

Corporate and Community Services

13.4 Election of Deputy Mayor 2018-2019

Attachment 1... Byron Shire Council Nomination Form Deputy Mayor 2018.................. 29

13.5 Report of the Public Art Panel Meeting 3 August, including proposed amendments to the Public Art Chapter of the Development Control Plan

Attachment 1... Public Art Panel minutes 03082018......................................................... 30

Sustainable Environment and Economy

13.7 PLANNING - Development Application 10.2017.683.1 Stage 1: Boundary Adjustment Subdivision to Create Two (2) Lots and Demolition of Existing Swimming Pool. Stage 2: Alterations and Additions to Existing Dwelling House and New Driveway on Proposed Lot 1, New Dwelling House and Studio above Existing Garage on Proposed Lot 2 at 2 Tincogan Street, Mullumbimby

Attachment 1... Proposed Plans........................................................................................ 35

Attachment 2... Conditions of consent ............................................................................. 39

Attachment 3... submissions received............................................................................... 53

13.8 Bushfire Prone Land Mapping

Attachment 1... Bush Fire Prone Land Map in accordance with RFS Guide for Bush Fire Prone Land Mapping, Nov 2015 Version 5b...................................................... 55

Attachment 2... NSW Rural Fire Service - Grassland Deeming Provisions - Development Application in Grassland Fact Sheet........................................................ 56

13.9 PLANNING - 26.2017.6.1 Byron Bay Town Centre Planning Controls - Results of Preliminary Community Engagement

Attachment 1... Planning Proposal v.1 - BBTC Planning Control Review - Gateway Version 57

Attachment 2... DCP Chapter E9 Byron Bay Town Centre - Draft Exhibition Version.. 109

Attachment 3... Engagement recording charts - Future Byron Planning Workshop...... 121

13.10 PLANNING - 26.2017.5.1 Planning Proposal to activate the Rail Corridor Byron Bay: Post Exhibition Report

Attachment 1... Planning Proposal (as exhibited) - without Annexures.......................... 130

Attachment 2... 26.2017.5.1 Community Submissions................................................... 167

Attachment 3... NSW Office of Environment & Heritage, Heritage Division Submission 175

Attachment 4... NSW Rural Fire Service Submission.................................................... 177

13.13 PLANNING - Development Application 10.2018.233.1 Mobile Telecommunications Facility including 35 metre Monopole, Six (6) antennae and ancillary equipment at Wilsons Creek Road, Wilsons Creek

Attachment 1... Proposed Plans...................................................................................... 179

Attachment 3... Legal Advice received from objectors dated 23 August 2018............... 184

13.14 Proposed Flying Fox Project Reference Group

Attachment 2... Draft Flying Fox Project Reference Group Constitution....................... 188

13.15 PLANNING - Development Application 10.2017.742.1 Alterations and Additions to Existing Dwelling House including New Swimming Pool and Spa, New Dwelling House to Create a Dual Occupancy (detached) and Two (2) Studios at 219 The Saddle Road Brunswick Heads

Attachment 1... Plans of Studio....................................................................................... 197

Attachment 2... Plans Dwelling Alterations & Additions.................................................. 199

Attachment 3... Plans Dual Occupancy.......................................................................... 207

Attachment 4... Conditions of consent ........................................................................... 210

Attachment 5... Letter of Support ................................................................................... 221

13.16 Approval to Operate a Caravan Park and Camping Ground application under section 68 of the Local Government Act 1993 and Regulations 2005 for The Terrace Reserve Holiday Park

Attachment 1... Application for Approval to Operate 55.2017.1144.1 - Application and supporting documentation dated 6/11/17................................................................ 227

Attachment 2... Letter Steve Edmonds from Reflections Holiday Parks dated 20 July 2015 245

Attachment 3... Letter ADW Johnson Planning Advice dated 7 June 2018................... 247

Attachment 4... E mail from Dimitri Young OEH dated 7 June 2018............................. 249

Attachment 5... Review of Environmental Factors - Tree Management and Vegetation Works Terrace Holiday Park Southern Precinct prepared by Ecological Consultants Australia dated June 2018..................................................................... 253

Attachment 6... Biodiversity Assessment of proposed Vegetation Management Terrace Holiday Park Southern Precinct prepared by Ecological Consultants Australia dated June 2018....................................................................................................... 264

Attachment 7... Letter from Peter Parker Environmental Consultants dated 18 July 2018 264

Attachment 8... E-mail from Nick Batson Inspiration Trees dated 29 June 2018........... 264

Attachment 9... Photos examples of Installations in Byorn Shire of Load Cell Systems 264

Attachment 10. Planning Resolutions Chris Pratt Independent Advice Reveiw of Part 5 Assessment ............................................................................................................... 264

Attachment 11. Compliance Assessment 55.2017.1144.1 along with recommended conditions 264

Attachment 12. Revised Application Terrace Reserve Caravan Park 55.2017.1144.1 - Further information and ATO and mapping....................................................... 264

Attachment 13. Email from Trent Gearside Reflections Holiday Parks 55.2017.1144.1 - dated 31 August 2018 - maps .............................................................................. 264

13.18 PLANNING - DA2017.516.1 - Subdivison to Create 4 Lots,8 Coomburra Cr, Ocean Shores

Attachment 1... Attachment 1 - Ordinary 18 October 2018 - Proposed Plans by Ardill Payne 264

Attachment 2... Attachment 2 - Ordinary 18 October 2018 - Report to Council on Development Application No. 10.2017.516.1............................................................... 264

Attachment 3... Attachment 3 - Ordinary 18 October 2018 - Geotechnical Stability Assessment by Shaw Urquhart Pty Ltd dated 17/5/2018............................................... 264

Attachment 4... Attachment 4 - Ordinary 18 October 2018 - Submissions received in relation to public exhibition of Geotechnical Stability Assessment........................ 264

Attachment 5... Attachment 5 - Ordinary 18 October 2018 - Recommended conditions of consent............................................................................................................... 264

Infrastructure Services

13.19 Suffolk Beachfront Holiday Park Dog Friendly Report

Attachment 1... Dog Friendly Park Rules........................................................................ 264

Attachment 2... Feedback on Dog Friendly Trial at Suffolk Beachfront Holiday Park... 264

13.22 Suffolk Beachfront Holiday Park - Re-classification Planning for Permanent Residents

Attachment 1... Project Plan - Suffolk Beachfront Holiday Park - Permanent Residents 264

Attachment 2... Communication Strategy - Suffolk Beachfront Holiday Park............... 264

13.23 Targa Restaurant Footpath Dining Application, 11 Marvell Street, Byron Bay

Attachment 1... Targa Deck Expansion proposal BMGG - Council Report 20 September 2018 264

13.24 Spelling Error of Historical Significance "Hollingsworth" Lane should be "Hollingworth" Lane Mullumbimby

Attachment 1... Report 01022018 Council Spelling correction for Dening..................... 264

Attachment 2... Hollingworth Family Mullumbimby Historical Information to accompany report to Council for misspelling of Street Signs Mullumbimby........................... 264

Attachment 3... Letter to Historical Societies regarding Council Res 18-034 seeking applications to change spelling errors of historical significance.................................... 264

Attachment 4... Email from Brunswick Valley Historical Society - Advising of The Misspelling of Hollingworth Lane Mullumbimby Signage (CRM 3312)........................ 264

13.25 Naming of 2 Unnamed Roads - Tims Lane in Broken Head and Blackwell Alley in Bangalow

Attachment 1... Letter from Adrian Zakaras (CivilTech Consulting Engineers) on behalf of T W Dorey & Sons - Naming of Unnamed Road off Midgen Flat Road as Dedicated by T W Dorey & Sons- request for DOREY Lane...................................... 264

Attachment 2... Tims Lane in Broken Head and Blackwell Alley in Bangalow road naming Page 3958 NSW Government Gazette No 63 of 22 June 2018.................... 264

Attachment 3... Attachment to EMail Col Draper 19 June 2015 Proposal to Name BLACKWELL ALLEY unnamed lane off Station Street Bangalow.............................. 264

13.26 Renaming Northern Part of Granuaille Crescent on Bangalow Cemetery side of the Pacific Highway

Attachment 1... PDF version of E2016/71862 Email from Heidi Sawyer & Paul Croxson Requesting what their address is Lot 1 Pacific Highway Bangalow NSW or DP 1_1155012 264

Attachment 2... Letter to residents re renaming of Part of Granuaille Crescent to allow for numbering of Properties without a number........................................... 264

Attachment 3... PDF Version of E2018/62430 Email from Instant Steel regarding submission for name change - Part of Granuaille Crescent Bangalow......................... 264

Attachment 4... PDF Version of E2018_62429 _ Email from Mitch Carter regarding Submission for Name Change Part of Granuaille Crescent BANGALOW................... 264

Attachment 5... PDF Version of E2018_68142 Email from Nadine Hood regarding name change part of Granuaille Crescent.................................................................... 264

Attachment 6... Advertising 26 July 2018 Byron Shire News......................................... 264

13.27 Mullumbimby Rugby League Club S64 Contributions

Attachment 1... Report 24/05/2018 Council Mullumbimby Leagues Club Amenities Facility Section 64 Contribution....................................................................................... 264

Attachment 2... Council Report - Waiving of s64 Charges - Mullumbimby Rugby Leagues Club 264

Attachment 3... Supporting Documents from Barry Stenner re Exemption Development Contribution for Mullumbimby Leagues Club received on 8 May 2018 (attachment to Council Report I2018/802)................................................................. 264

13.28 Mullumbimby Skate Park

Attachment 1... Letter from NSW Police Crime Prevention Officer - Site Crime Risk Assessment of the Mullumbimby Skate Park and Recreation Grounds....................... 264

14. Reports of Committees

Corporate and Community Services

14.1 Report of the Audit, Risk and Improvement Committee Meeting held on 16 August 2018

Attachment 1... Audit, Risk and Improvement Committee Minutes 16 August 2018 PDF 264

14.2 Report of the Finance Advisory Committee Meeting held on 16 August 2018

Attachment 1... Minutes of the Finance Advisory Committee held 16 August 2018...... 264

Infrastructure Services

14.3 Report of the Transport and Infrastructure Advisory Committee Meeting held on 16 August 2018

Attachment 1... Minutes 16/08/2018 Transport and Infrastructure Advisory Committee 264

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.2 - Attachment 1

BSC File No:edm165650D x 10.2017.598.1/#A2018/5141

Contact: Luke Munro

NOTICE OF DETERMINATION OF A DEVELOPMENT APPLICATION

issued under the

Environmental Planning and Assessment Act, 1979 Section 81(1)(a)

Development Application No. 10.2017.598.1

Bangalow Historical Society

ATT: Wendy Grissel

PO Box 34

BANGALOW NSW 2479

Email: bangalowhistorical@bigpond.com

Property description:	LOT: 4 SEC: 12 DP: 4974, LOT: 3 SEC: 12 DP: 4974 4 Ashton Street BANGALOW
Development	Alterations and Additions to Existing Museum and Restaurant/Tea Room (Heritage House)
Determination	Consent granted subject to the attached schedule of conditions
Date determined:	22 February 2018
Consent to operate from:	23 February 2018
Consent to lapse on:	23 February 2023
Concurrent approvals:	Not issued with this consent

Conditions of Consent

Parameters of consent

Development is to be in accordance with approved plans

The development is to be in accordance with plans listed below:

Plan No.	Description	Prepared by	Dated:
DA.1	Site Plan	Dan Osborne	Sept 2015
DA.2	Floor Plan	Dan Osborne	Sept 2015
DA.3	Elevations	Dan Osborne	Sept 2015
DA.4	Elevations and Sections	Dan Osborne	Sept 2015

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

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

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

Plans of retaining walls and drainage

The application for a Construction Certificate is to include plans and specifications that indicate retaining walls or other approved methods of preventing movement of the soil, where any excavation or filled area exceeds 600mm in height. Adequate provision must be made for drainage.

Such plans and specifications must be approved as part of the Construction Certificate.

Certificate of Compliance – Water Management Act 2000

A Certificate of Compliance will be issued upon payment of developer charges for water and sewer as calculated in accordance with Byron Shire Council and Rous Water Development Servicing Plans.

Byron Shire Council acts as Rous Water’s agent in this matter and will issue a Certificate of Compliance on behalf of Rous Water upon payment of the Rous Water Development Servicing Charge to this Council.

Note: Copies of the application forms for Certificates of Compliance are available on Council’s website http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf or from Council’s Administration Office. Copies of Byron Shire Council’s Development Servicing Plans are available at Council’s Administration Office.

Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment. A check must be made with Council to ascertain the current rates by contacting Council’s Principal Engineer Systems Planning, Water on 02 6626 7081. Applicable charges can be found on Council’s website: http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

Payment by Personal or Company Cheque will not be Accepted

Water and Sewerage - Section 68 approval required

An Approval under Section 68 of the Local Government Act 1993 to carry out water supply work and sewerage work must be obtained.

Long Service Levy to be paid

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

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

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

Site Waste Minimisation and Management

All works must comply with the objectives of waste minimisation and waste management of Part B8.1.2 of DCP 2014.

Tree Removal

No trees or vegetation to be cleared or removed until a Construction Certificate has been issued.

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

Erosion and sediment measures

Where erosion of soils or runoff of any substance is likely to occur, erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites. This may include stockpiled materials such as sand, etc.

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

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

Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

a. Monday to Friday, from 7 am to 6 pm.

b. Saturday, from 8 am to 1 pm.

No construction work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

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

10.

Construction Noise

Construction noise is to be limited as follows:

a. For construction periods of four (4) weeks and under, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 20 dB(A).

b. For construction periods greater than four (4) weeks and not exceeding twenty‑six (26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 10 dB(A)

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

11.

Signs to be erected on building and demolition sites

A sign must be erected in a prominent position on the work site:

a. stating that unauthorised entry to the work site is prohibited, and

b. showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

Any such sign is to be removed when the work has been completed.

12.

Builders rubbish to be contained on site

All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

13.

Fill to be retained on the subject land

Fill material must not encroach onto any adjoining land.

14.

Prevention of water pollution

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

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

15.

Removal of asbestos

All asbestos wastes associated with removal of the existing dwelling to be disposed of in accordance with the requirements of the Workcover Authority. The applicant/owner is to produce documentary evidence that this condition has been met.

Please note the Byron Resource Recovery Centre can not accept asbestos. You will need to arrange disposal at an alternate landfill site.

16.

Maintenance of sediment and erosion control measures

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

17.

Demolition

Any required demolition works must be undertaken in accordance with the relevant requirements of Australian Standard AS 2601–1991: The Demolition of Structures published by Standards Australia, and the WorkCover Authority of NSW.

18.

Removal of demolition and other wastes

All wastes, including asbestos and lead-contaminated wastes, associated with these works are to be handled and disposed of in accordance with the requirements of the Work Cover Authority. The applicant/owner is to produce documentary evidence that this condition has been met. Wastes must be disposed of at a Licenced Waste Facility. All wastes removed from the site must be managed and disposed of in accordance with the NSW DECC Waste Classification Guidelines (2008) www.environment.nsw.gov.au/resources/waste/08202classifyingwaste.pdf

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

19.

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

All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development including approvals issued under the Local Government Act 1993 and the Roads Act 1993, are to be completed and approved by the relevant consent authority/s prior to the issue of a Final Occupation Certificate.

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

20.

Stormwater disposal

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

a. Clear of buildings and infrastructure,

b. Clear of effluent disposal areas,

c. Not concentrated so as to cause soil erosion,

d. Not directly to a watercourse, and

e. Not onto adjoining land.

21.

Land to be consolidated

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

SCHEDULE 2 PRESCRIBED CONDITIONS

The prescribed conditions in accordance with Division8A of the Environmental Planning and Assessment Regulation apply as are of relevance to this application:

Clause 98 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 http://www.legislation.nsw.gov.au/ - /view/regulation/2000/557/part6/div9

Clause 98A Erection of signs

Clause 98B Notification of Home Building Act 1989 requirements

Clause 98E Condition relating to shoring and adequacy of adjoining property

Refer to the NSW State legislation for full text of the clauses under Division 8A of the Environmental Planning and Assessment Regulation 2000. This can be accessed at http://www.legislation.nsw.gov.au.

SCHEDULE 3 NOTES

Construction Certificate required:

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

Principal Certifying Authority:

Work must not commence until the applicant has:-

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

b. given Council at least two days notice of the intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.

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

Occupation Certificate required:

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

Protection of the Environment Operations Act 1997:

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

Penalties apply for failure to comply with development consents

Failure to comply with conditions of development consent may lead to an on the spot fine (generally $600) being issued pursuant to section 127A of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to section 125 of the Environmental Planning & Assessment Act 1979.

Plumbing Standards and requirements.

All Plumbing, Water Supply, Sewerage and Stormwater Works shall be installed in accordance with the Local Government Act 1993, Plumbers Code of Australia and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications. Any plumbing inspections required under a Section 68 Approval are to occur in accordance with that approval.

Water payments under the Water Management Act 2000

Charges will be calculated based on the additional water and sewerage load that the proposed development generates, shown in Equivalent Tenements (ET) by the following table:

ADDITIONAL WATER & SEWER LOAD OF DEVELOPMENT
(ET Policy No:13/005)

Water	0.25 ET
Bulk Water	0.25 ET
Sewer	0.25 ET

NB: Information regarding Development Servicing charges can be found on the Byron Shire Council website (http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64). These charges will enable you to calculate the total contribution charges payable when you are ready to pay them. Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment.

Reason for conditions

The conditions imposed have been included in response to development considerations and to ensure a high standard of development having regard to the effect upon the environment and the amenity of the neighborhood.

Dial Before You Dig

Underground assets may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

Telecommunications Act 1997 (Commonwealth) Telstra (and its authorised contractors) are the only companies that are permitted to conduct works on Telstra’s network and assets. Any person interfering with a facility or installation owned by Telstra is committing an offence under the Criminal Code Act 1995 (Cth) and is liable for prosecution.

Furthermore, damage to Telstra’s infrastructure may result in interruption to the provision of essential services and significant costs. If you are aware of any works or proposed works which may affect or impact on Telstra’s assets in any way, you are required to contact: Telstra’s Network Integrity Team on Phone Number 1800810443.

Are you dissatisfied with conditions of consent?

If you are unhappy with conditions of consent discuss your concerns with the officer who dealt with your application. You may submit an application to Council to modify the consent under Section 96 of the Environmental Planning & Assessment Act, 1979.

You will need to provide reasons why the conditions should be changed or deleted. You may lodge a Section 96 application at any time after the notice of determination. If you are not happy with Council’s decision on your request for modification, then you may appeal to the Land & Environment Court within six (6) months of the notification by Council.

Right of Review

You may request Council to review its decision under Section 82A of the Environmental Planning and Assessment Act, 1979. Such a request must be made within six (6) months of the date of the determination, or if there is an appeal to the Land and Environment Court, up to the time when the court hands down its decision. In reviewing its decision Council is able to consider alterations to the above plans, provided that the Development Application remains substantially the same as the one for which the consent was originally sought, and the changes are publicly notified.

NOTE: This clause does not relate to Integrated Development Applications, applications determined by the Joint Regional Planning Panel or applications previously considered under Section 82A of the Environmental Planning and Assessment Act 1979.

Right of Appeal

If you are dissatisfied with this decision, Section 97 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within six (6) months after the date on which you receive this notice.

Signed on behalf of the Consent Authority

Yours faithfully

Mr L J Munro

Planner

Dated: 23 February 2018

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 2

Table of Contents

1. Preamble. 2

2. Goal, Purpose and Objectives. 2

3. Timeframe for Group. 2

4. Membership. 2

5. Chairperson. 3

6. Quorum.. 3

7. Dispute Resolution. 3

8. Performance Indicators. 3

9. Confidentiality. 3

10. Convenor/Facilitator 4

11. Voting. 4

12. Majority Decision. 4

13. Convening Meetings. 4

14. Reporting. 4

15. Meetings Open to the Public. 4

16. Invited Guests. 4

17. Vacation of Office. 5

18. Publicity. 5

19. Records of meetings (agenda and minutes) 5

20. Section 377 Delegation. 5

21. Miscellaneous. 6

1.
Preamble

The Project Reference Group is a group formed by the Council and does not have executive power or authority to implement actions.

The role of the Project Reference Group is to carry out specific objectives as stated in this Constitution.

2. Goal, Purpose and Objectives

The goal of the Flying Fox Project Reference Group is to provide a vital communication linkage to and from Council to interest groups, state agencies and the community with regards to the management of flying-fox camps in Byron Shire.

The purpose of the Flying Fox Project Reference Group is for Council and community to be better informed of the aspirations and expectations of Council and community in regards a strategic approach to the management of flying-foxes and their habitat in the Byron Shire LGA.

The objectives of the Flying Fox Project Reference Group are:

a) To provide a vital communication linkage to and from Council to interest groups, state agencies and the community in general.

b) To assist with prioritising on-ground actions and education and awareness strategies

c) To inform Council of the community’s aspirations and expectations in regard to on-ground actions and raising awareness and education about flying foxes

d) To engage with the broader community during future direction setting on its strategic approach to the management of flying-foxes and their habitat

The objectives have been confirmed by Council on [date].

3. Timeframe for Group

The Project Reference Group has 60 months to complete its objectives.

This group will be disbanded on 30 June 2023.

The Council may dissolve the group at any time.

4. Membership

Membership is to include a maximum number of 14 members. This includes the following:

· Ten (10) community representatives (2 community representatives from each of the five (5) subject urban camps. These community representatives will also be from within 300m of each of the subject camps, and not represent an animal welfare group).

· one (1) representative from a suitable animal welfare group;

· one (1) representative from the relevant NSW State Government agencies including Office of Environment & Heritage and Department of Industry – Crown land, and

· one (1) Council officer

· a relevant staff member/s
Note: Staff members participating on the Project Reference Group do not have any voting entitlements.

Members will be appointed by the Council.

5. Chairperson

The Chair of the PRG is to be elected from Councillors nominated to the PRG (if any), and is to be determined at the first meeting. If there are no Councillors on the PRG, then the PRG is chaired by the relevant staff member.

If the designated Chair is not available to attend a meeting, then a Council representative proxy (referred to as the Acting Chair) will be responsible for convening and conducting that meeting. The Acting Chair is responsible for informing the Chair as to the salient points/decisions raised or agreed to at that meeting.

6. Quorum

A quorum is to constitute at least half the number of members.

A quorum consists of half, plus the Chair.

Note: Staff members are not counted as part of a quorum.

7. Dispute Resolution

All efforts shall be made to resolve conflict and disputes between Guidance Group members amicably and swiftly through open discussion. Where conflict and disputes cannot be resolved via these means a mediator shall be appointed. If the mediation process fails to resolve the conflict or dispute satisfactorily, a request shall be made by Council for members to replace the representatives involved in the conflict or dispute

8. Performance Indicators

· At least 4 meetings each year

· Regular attendance by a minimum of 7 members.

· Regular contact and communication with individual Guidance Group members.

· Member’s positive satisfaction ratings with each meeting; and that the issues raised and outcomes being achieved and delivered are seen as being valued by Council and meaningful and relevant to the endorsed Flying Fox Management Approach.

· Biannual reports to Biodiversity Advisory Committee on the effectiveness of the Flying Fox Management Approach have been achieved.

· Annual list of Council outcomes that have been based on the guidance, direction and advice of the PRG.

9. Confidentiality

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

10. Convenor/Facilitator

The Convenor/Facilitator of the Project Reference Group will, in most cases, be the staff member unless otherwise decided by the Council.

11. Voting

Each member of the group (with the exception of staff members) is to have one vote. If the vote is tied on any particular matter it will be referred to Council.

12. Majority Decision

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

13. Convening Meetings

Meetings will be held in accordance with a schedule determined by the Project Reference Group.

Note: The frequency of the meetings will be influenced by the timeframe and the objectives of the Project Reference Group to be completed in that timeframe.

14. Reporting

a) The minutes of meetings are to be circulated to members of the group within 7 days of the meeting so that they can provide feedback through the Chair on the draft unconfirmed minutes.

b) The Project Reference Group reports to Biodiversity Advisory Committee.

15. Meetings Open to the Public

PRG meetings are not public meetings as they have no executive function. Public transparency is provided for when the reports of these meetings are reported to the Biodiversity Advisory Committee.

16. Invited Guests

The PRG Convenor/Facilitator may request to seek further expertise and consultation as agreed to by the group and, if necessary, arrange attendance of a person providing the expertise at a PRG meeting. Any request for information to be at no cost to Council unless a budget is allocated by Council and the expenditure has been authorised in writing by staff with requisite delegations.

17. Vacation of Office

Any Project Reference Group member wishing to resign from the group shall do so in writing.

Invited Members: If an invited member on the group who represents an Organisation resigns, an invitation to the Organisation for an alternate delegate will be requested. If no alternate delegate is nominated by the Organisation then that position will become redundant.

Community Representatives: If a community representative resigns and if more than half of the timeframe to complete the PRG’s objectives still exists, and an alternate delegate has been appointed by Council, then that appointed person will become the new community representative. If no alternate delegate has been appointed by Council, or the alternate delegate declines to accept the vacant position, then that position will become redundant.

18. Publicity

PRG members are not authorised by Council to promote, advertise or to make public statements on the group’s activities on behalf of the PRG and or Council.

19. Records of meetings (agenda and minutes)

a) The Convenor/Facilitator of the group will prepare the Agenda and Action Lists of the group’s meetings formatted in accordance with Council’s templates.

b) The minutes of meetings are to be circulated to members of the group within 7 days of the meeting so that members can provide feedback through the Chair on the draft unconfirmed minutes.

c) The minutes of the group’s meetings are to be reported to Council when required. The PRG’s webpage will indicate at what meeting Council will be considering the PRG’s reports.

d) If the PRG considers it necessary, reports from each PRG meeting may be placed on Council’s website for access by the public and Councillors after each meeting.

e) If the timeframe allocated to complete the objective/s is 6 months or more the PRG is to provide a quarterly progress report to Council.

f) At the end of the PRG’s term a final status report is to be presented to Council on the outcomes of each objective.

20. Section 377 Delegation

The Project Reference Group does not have any delegated functions pursuant to section 377 of the Local Government Act (1993) and does not have the power to direct staff.

21. Miscellaneous

Insurance: All group members are covered by the public liability policy of Council insofar as they are acting in their capacity as a group member, within the scope of the PRG’s Constitution and in accordance with the Code of Conduct and statutory obligations. This insurance does not preclude the group from due diligence and all Council policies must be adhered to.

Code of Conduct: All group members to abide by Council’s adopted Code of Conduct at all times.

Pecuniary Interest: Pecuniary Interest may be defined as an interest that a person has in a matter, as a group member or employee of a company or other body, because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person, or another person with whom the person is associated. Such other person includes the spouse or de-facto partner or relative of the group member.

Section 446 of the Local Government Act states that:

“a member of a council committee, other than a committee that is wholly advisory, must disclose pecuniary interests..”

Even though the Local Government Act provides an exemption to disclose pecuniary interests Council’s preference is for all members to declare pecuniary interests where applicable.

Privacy: All group members are to abide by Council’s Privacy Management Plan (see http://www.byron.nsw.gov.au/publications?P ) relating to their access to personal information.

Meeting Practice: If any other issue arises regarding meeting practice not covered under this constitution, it is to be referred to the General Manager or delegate or, if required, Council for a determination to be made.

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

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.26 - Attachment 6

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HERITAGE GRANTS NOW OPEN

2018/19

Owners of heritage properties in Byron Shire can apply now for grants to help them restore their pride and joy. The Local Heritage Places Grant program aims to raise awareness of heritage conservation, with a funding contribution from the NSW Office of Environment and Heritage.

Byron Shire Council has grants up to $3,000 available for projects that will enhance individual places, buildings and historic streetscapes and will promote appreciation of Byron’s history.

The focus for the 2018-2019 Local Heritage Places Grants is conservation works that enhance individual places, buildings and historic streetscapes including buildings in conservation areas that will in turn promote and foster the community’s and visitor’s appreciation of the Shire.

Successful applicants will need to contribute one dollar for every dollar provided by the grant, and the restoration work must be completed by 30 March 2019.

· Find out more about the Local Places Heritage Grants program and get a copy of the application form here and the guidelines www.byron.nsw.gov.au/Home/Tabs/Public-Notices/Heritage-Grants-now-open-for-201819

Applications close: 4.00pm Tuesday 31 July 2018

General Enquiries: Noreen Scott 02 6626 7062

CALL FOR EXPRESSIONS OF INTEREST

PUBLIC ART FOR RAILWAY SQUARE

Byron Shire Council in collaboration with Plummer and Smith are seeking public art to welcome people to the newly renovated Railway Square precinct in the centre of Byron Bay. Call for proposals from individuals or consortiums of artists is open for the commission of a significant and permanent public artwork.

Proposals must meet the assessment criteria outlined in the brief. The Public Art Panel will oversee the artistic process as governed by the Public Art Guidelines and Criteria, the (draft) Public Art Strategy and Council’s Public Art Policy. The Expressions of Interest brief is available for downloaded from Council’s website www.byron.nsw.gov.au/Public-Notice

Submissions close: 3.00pm Monday 30 July 2018

Enquiries: Claire McGarry, Place Manager, Byron Bay, Ph: 02 6626 7296 or Email: claire.mcgarry@byron.nsw.gov.au

Expressions of interest should be in writing and addressed to the General Manager, Byron Shire Council, PO Box 219 Mullumbimby 2482 or sent by email to council@byron.nsw.gov.au. Emailed submissions to this address only will be acknowledged.

COUNCIL IS OFFERING

“FREE HERITAGE ADVICE"

10 August, 2018

Council provides a free heritage advisory service to owners of heritage properties.

The objective is to help owners maintain the character and style of their properties and protect places that have heritage significance by providing design assistance.

Our friendly heritage adviser will be available by appointment on 10 August, 2018 to provide informal advice on various issues including:

• Pre - lodgment development application advice on developments affecting heritage items and properties within heritage conservation areas (or properties adjacent to a heritage item or heritage conservation area);

• Highlighting particular design issues that may need to be considered; and

• Advice on maintenance and restoration.

TIME: 12pm to 3:00pm

Booking is essential as time and places are restricted. Please call Noreen Scott on 02 6626 7062 to confirm a place.

FREE HERITAGE WORKSHOP FOR THE REAL ESTATE INDUSTRY

10 August, 2018

Find out how to obtain information on heritage items and use this in your marketing and help answer questions from prospective purchasers. If you sell, manage or evaluate properties which are heritage listed items or in the Conservation Areas including Mullumbimby, Brunswick Heads, Byron Bay and Bangalow, you might be interested in attending this free workshop.

· What is Heritage

· Understanding how the consent process works

· Repairs and work

· Basic principles in heritage conservation

· Heritage Grants

· Heritage Advice

HANDS ON SESSION using NSW Planning Portal and State Heritage Inventory

You will need to bring a ipad or a smart device (preferable) for the workshop session.

Time 9:30 to 11:30

Tea and Coffee provided.

Booking is essential as time and places are restricted. Please call Noreen Scott on 02 6626 7062 to confirm a place.










This was removed and replaced with following advert. This advert will run on 2/8/18

SECTION 356 DONATIONS GRANTED

Under Section 356 of the Local Government Act 1993 - “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.”

Council wishes to advise that at its Ordinary Meeting held on 28 June 2018, it adopted its budget which included the following Section 356 Donations to community organisations.

Name	Purpose	Donation Amount
Westpac Rescue Helicopter	Contribution to assist with ongoing running costs	$5,000
Brunswick Valley Rescue	Contribution to assist with ongoing running costs	$5,000
Brunswick Volunteer Marine Rescue	Contribution to assist with ongoing running costs	$5,000
Bundjalung of Byron Bay Aboriginal Corporation (Arakwal)	Contribution towards NAIDOC week celebrations	$1,000
North Coast Academy of Sport	Contribution to assist with ongoing running costs	$3,800
Tweed/ Byron Life Education	Contribution to assist with ongoing running costs	$3,100

Enquiries: Joanne McMurtry, Community Project Officer, phone 6626 7316.

CALL FOR EXPRESSIONS OF INTEREST

BUS SHELTERS PUBLIC ART PROJECT

Byron Shire Council seek functional, artistically designed bus shelters. The project includes design and fabrication of 11 bus shelters in various locations throughout the Shire. A minimum of two designs are sought. Designs must be able to be replicated in a range of locations, from rural to village settings, and will be retained for future use.

Council is calling for proposals from individuals or consortiums of artists interested in the commission. Proposals must meet the assessment criteria outlined in the brief. The Public Art Panel will oversee the artistic process as governed by the Public Art Guidelines and Criteria, the (draft) Public Art Strategy and Council’s Public Art Policy.

The Expressions of Interest brief is available for download from Council’s website www.byron.nsw.gov.au/Public-Notice

Submissions close: 4.00pm Friday 31August 2018

Please register your interest to enable updated information about the project to be provided, including an invite to an information session (date to be determined).

Enquiries: Rachel Derbyshire 02 6626 7225 or

Email: rachel.derbyshire@byron.nsw.gov.au

NOTICE OF PROPOSED ROAD NAMES

Council has received proposals for the naming of the following roads within Byron Shire and invites written submissions. For information on lodging a submission, and where to address it, refer to the “Lodging a submission” section above.

Granuaille Crescent, Bangalow (renaming part of Granuaille Crescent and naming unnamed road leading to Bangalow Cemetery)

Residents of the section of Granuaille crescent on the North East side of the Pacific Hwy are seeking clarification of their postal addresses. Some residents currently hold addresses just with their Lot and DP. Council has proposed “Bangalow Heights Road” or “Pioneers Crescent” which recognises the many pioneering families buried in the Cemetery. The section south of the Hwy will remain known as Granuaille Crescent.

Bettison Track, Main Arm (currently an unnamed track off Coopers Lane (West))

A resident/s of an unnamed no-through track in Main Arm is seeking clarification of their postal addresses. Some residents have no number allocations at all. Council has proposed “Bettison Track” after a long established local family, for the unnamed track where residents enter off Coopers Lane (West). “Banana Track” and “The Range Trail” have also been proposed.

Submissions close: 4.30pm Thursday 9 August 2018

Enquiries Deanna Savage 02 6626 7304

POLICY EXHIBITION

Mayor and Councillor Payment of Expenses and Provision of Facilities

At Council’s Ordinary Meeting held on 21 June it resolved to place the above Policy on public exhibition for a period of 28 days for the making of public submissions.

The Policy is available for viewing at Council’s administration office and on Council’s website at www.byron.nsw.gov.au/Public-Notice

Submissions close: Friday 3 August 2018

Enquiries: Heather Sills 02 6626 7171

COUNCIL MEETINGS

Thursday 2 August 2018

A Council meeting is scheduled to be held at Station Street, Mullumbimby.

9.00am – Ordinary Meeting

Some of the items included in the meeting agenda have been listed below. To see the full list of reports, meeting agendas are available prior to the meeting on Council’s website at www.byron.nsw.gov.au/meetings, at Council’s administration centre in Mullumbimby and at community access points around the Shire.

Notices of Motion

· Mayor's Discretionary Allowance

· Native Animal Awareness Roadside Signage

Petitions

· Non-Chemical Means of Weed Control in Byron Shire

Reports

· Development of an Arts and Cultural Policy

· BSC ats Ardill Payne & Partners - 33 Kallaroo Circuit - Land and Environment Court Proceedings

· Amendment of General Managers Delegation in respect of Legal Proceedings

· PLANNING - Development Application 10.2017.742.1 - Alterations and Additions to Existing Dwelling House, New Dwelling House to Create a Dual Occupancy (detached) and Two (2) Studios at 219 Saddle Road Brunswick Heads

· Updates - Audit of secondary dwelling conditions of consent; Short Term Holiday Let enforcement action and State Government position on Short Term Holiday Let.

· PLANNING - Amendment to DCP 2010 - Chapter 1 Part J - Coastal Erosion lands

· PLANNING - S96 10.2013.128.3 - Delete Condition 59 and Permit Paid Parking 30 Tanner Lane Tyagarah

· PLANNING - Development Application No. 10.2018.86.1 - Installation of 30m high telecommunications facility and associated ancillary equipment at Lot 339 DP 755692 Old Pacific Highway Brunswick Heads

· PLANNING - Development Application 10.2017.516.1 Subdivision to create four (4) lots, removal of trees, earthworks and associated infrastructure - 8 Coomburra Crescent, Ocean Shores

· Draft Pest Animal Management Plan

· PLANNING - Development Application 10.2017.577.1 - Change of Use From Light Industry to Light Industry Including an Industrial Retail Outlet at 99 Lismore Road, Bangalow

· Submissions Report on the Draft Integrated Pest Management Policy

· Current and Future Capacity of Bangalow STP - Response to Resolution 17-502

· Open Space and Recreation Needs Assessment and Action Plan - draft for community consultation

· Pathway Lighting Project - Leslie Street to Station Street Bangalow

· Suffolk Beachfront Holiday Park Dog Friendly Report

· Butler Street Lighting

Questions with Notice

At the 21 June Council resolved (18-399) amendments to the Code of Meeting Practice, whereby responses to Questions on Notice will no longer form part of the Ordinary Council Meeting Agenda, rather will be placed on Council’s Website. For further information, please visit www.byron.nsw.gov.au

Confidential Reports

· CONTRACT 2018-0017 Design & Construction of Sewer Rising Main RM3008 Replacement Pipeline - Bangalow Road Byron Bay

· CONTRACT 2018-0010 Construction of the Azalea Street Sewer Rising Main Mullumbimby

· CONTRACT 2018-0026 SPS4001 New Rising Main and Pump Well Conversion Stuart Street Mullumbimby

· CONTRACT 2018-0015 SPS3004 and RM3004 Civil Works Upgrade Milton Street Byron Bay

· CONTRACT 2017-0060 Lighthouse Road Water Main Replacement Byron Bay

Requests for public access on an item in an agenda must be lodged with the General Manager or Mayor by 12 noon one working day prior to the meeting. Register for public access at www.byron.nsw.gov.au/forms/public-access-sessions-and-submissions. Public Access will be heard at the commencement of the meeting. Only one presentation for and one presentation against may be made on an item in the Agenda, with a maximum of five minutes allocated to each presentation. More than one speaker for or against an item may share the allotted time of five minutes.

Please note that Public Access sessions are recorded as a result of Council Resolution 08-638.

Enquiries: Heather Sills 02 6626 7171

PUBLIC EXHIBITION OF DEVELOPMENT APPLICATIONS

Environmental Planning & Assessment Act, 1979

The following development applications (DA) have been received by Council and require exhibition in accordance with Development Control Plan 2014 (A14). The DAs may be viewed online at Council’s website ‘www.byron.nsw.gov.au/find-a-DA’ or by using the Online Kiosks at Councils Customer Service Centre during normal office hours.

DA submissions can be lodged using an online form via Council’s eServices Portal. Once you have viewed a copy of the DA, select ‘Make a Submission’ to lodge a submission directly with Council. Information on making a submission is available at www.byron.nsw.gov.au/Make-a-submission-on-a-DA.

If you are making a submission, there are requirements in relation to the disclosure of political gifts and donations. Refer to Council’s website to satisfy yourself that you are complying with your disclosure obligations prior to lodging a submission www.byron.nsw.gov.au/Political-donations-disclosure.

Please quote the development application and property description when making a submission.

EXHIBITION CLOSES 1 AUGUST 2018

10.2018.335.1 – BRUNSWICK HEADS, 24 Fingal Street (Lot 10 SEC 7 DP 758171)

Frank Stewart Architect: Alterations to existing Community Hall

10.2017.198.1 – BANGALOW, 9 Station Street (Lot 1 DP 123326, Lot 334 DP 755695, LOT B DP 327228)

Northern Rivers Land Solutions Pty Ltd, Mixed Use Development for Three (3) Commercial Tenancies (for use as Shop, Restaurant or Cafe or Office Premises) and Six (6) Shop Top Housing Dwellings

EXHIBITION CLOSES 8 AUGUST 2018

10.2017.547.2 – MYOCUM, 11 Muli Court (Lot 4 DP 830652)

Mrs E Douglas, S4.55 to Provide a Two (2) Bedroom Accessible Cabin and Delete a One (1) Bedroom Cabin, Relocate Secondary Dwelling, Modify the extent of Driveway Bitumen Sealing, Restrict Keeping of Dogs to Guests Staying in Cabins, Modify the Maximum Permitted Length of Stay of Guests and Correct Errors

DEVELOPMENT CONSENTS

In accordance with Section 4.59 of the Environmental Planning and Assessment Act 1979, (as amended) notification is hereby given of the following development consents granted by Council. The consents listed are available to view Online at Council’s website www.byron.nsw.gov.au/find-a-DA.

Information relating to these applications as required by Schedule 1, Division 4, Clause 20(2) of the Environmental Planning and Assessment Act 1979 (as amended) is also available online

10.2018.108.1 - MULLUMBIMBY , 32 Stuart Street (Lot 65 SEC 3 DP 2772)

Secondary Dwelling

10.2017.506.1 - COORABELL , 315 Coorabell Road (Lot 1 DP 248377)

Multiple occupancy - rural landsharing community - fifteen (15) dwelling sites, associated infrastructure, land management and environmental enhancement.

10.2018.287.1 - BRUNSWICK HEADS, 33 Nana Street (Lot 8 DP 21685) Demolish existing Shed and Construct Secondary Dwelling and Shed

10.2018.230.1 - BYRON BAY , 6-8 Marine Parade (Lot 2 DP 593408) Alteration to Existing Swimming Pool

10.2018.156.1 - SUFFOLK PARK , 8/3 Sallywattle Drive (Lot 10 DP 270338) Alterations to Existing Dwelling House to Provide Accessible Amenities and Storage Area

10.2018.213.1- NEW BRIGHTON , 5 Pacific Street (Lot 4 SEC 4 DP 6745)

Alterations and Additions to Existing Dwelling House

10.2018.250.1 - MULLUMBIMBY , 4 Quail Way (Lot 106 DP 1239902) Dwelling House, Garage and Retaining Wall

10.2018.165.1 - BROKEN HEAD , 95 Blackbutt Lane (Lot 6 DP 1074790)

Dwelling House, Detached Garage and Ancillary Works on Site 3

10.2017.160.1 - BRUNSWICK HEADS , 21 Fawcett Street (Lot 1 DP 309925)

Use of Existing and Proposed New Alterations and Additions to a Residential Flat Building

10.2016.271.2 - MULLUMBIMBY, 14A Coolamon Avenue (Lot 2 DP 874433)

S4.55 to Relocate Secondary Dwelling and Increase Floor Area

10.2017.414.2 – BANGALOW, 56 Parrot Tree Place (Lot 32 DP 1223152)

S4.55 for Design Modifications to Dwelling House and Secondary Dwelling

10.2003.418.4 - BYRON BAY, 74 Butler Street (Lot 12 DP 758207) S4.55 to Change Garage to Carport, Add Plunge Pools and Modify Deck, Add Laundry, Bathroom, Bedroom and Ensuite

10.2018.144.2 - FEDERAL , 90 Risleys Hill Road (Lot 32 DP 855301)

S4.55 to amend Bushfire Attack Level

10.2017.559.2- OCEAN SHORES , 81B Rajah Road (Lot 2 DP 1225641)

S4.55 to Correct Levels on Plans

10.2017.458.2 – MULLUMBIMBY, 8 Hakea Court (Lot 55 DP 828412)

S4.55 to Delete Condition 11 Requiring Sewer Easement

10.2017.474.2- MULLUMBIMBY , 70 Station Street (Lot 2 DP 1227659)

Section 4.55 to delete conditions for Developer Contributions

The following applications have not been granted approval by Council, but are listed for the information of the community:

APPLICATIONS REFUSED

10.2018.172.1- BYRON BAY , 20 Lilli Pilli Drive (Lot 22 DP 846980)

Stage 1 - Construction of Garage, Stage 2 - Demolition of Existing Carport and Construction of Expanded Dwelling Module

10.2018.304.1 - MULLUMBIMBY , 6 Cudgerie Court ( Lot 4 DP 792667)

Carport

BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services 14.2 - Attachment 1

Minutes of the Finance Advisory Committee Meeting held on Thursday, 16 August 2018

File No: Error! Unknown document property name.

PRESENT: Cr B Cameron, Cr A Hunter, Cr M Lyon, Cr S Richardson, Cr P Spooner

Staff: Mark Arnold (General Manager)

Anna Vinfield (Acting Director Corporate and Community Services)

James Brickley (Manager Finance)

Phil Holloway (Director Infrastructure Services)

Cr Cameron (Chair) opened the meeting at 2.20pm and acknowledged that the meeting was being held on Bundjalung Country.

Apologies:

There was an apology received from Cr Coorey.

Declarations of Interest – Pecuniary and Non-Pecuniary

There were no declarations of interest.

Adoption of Minutes from Previous Meetings

Committee Recommendation:

That the minutes of the Finance Advisory Committee Meeting held on 17 May 2018 be confirmed.

(Hunter/Cameron)

The recommendation was put to the vote and declared carried.

Business Arising from Previous Minutes

There was no business arising from previous minutes.

Staff Reports - Corporate and Community Services

Report No. 4.1 2017/18 Financial Sustainability Plan - Update on the Action Implementation Plan as at 30 June 2018

File No: I2018/942

Committee Recommendation:

1. That the update report to 30 June 2018 on the 2017/2018 Financial Sustainability Plan Action Implementation Plan (E2018/43656) be received and noted.

2. That a separate Financial Sustainability Plan no longer be developed from the 2018/2019 financial year onwards as it will be incorporated into Council’s Long Term Financial Plan.

(Hunter/Spooner)

The recommendation was put to the vote and declared carried.

Report No. 4.2 Quarterly Update - Implementation of Special Rate Variation

File No: I2018/1442

Committee Recommendation:

That the Finance Advisory Committee note the quarterly update on the Special Rate Variation Implementation as at 30 June 2018.

(Lyon/Hunter)

The recommendation was put to the vote and declared carried.

Report No. 4.3 Carryovers for inclusion in the 2018/19 Budget

File No: I2018/1522

Committee Recommendation:

That the Finance Advisory Committee recommend to Council:

That the works and services, and the respective funding shown in Attachment 1 (#E2018/66991) be carried over from the 2017/2018 financial year and that the carryover budget allocations be adopted as budget allocation revotes for inclusion in the 2018/2019 Budget Estimates.

(Hunter/Richardson)

The recommendation was put to the vote and declared carried.

Report No. 4.4 Budget Review 1 April 2018 to 30 June 2018

File No: I2018/1524

Committee Recommendation:

That the Finance Advisory Committee recommend to Council:

1. That Council authorises the itemised budget variations as shown in Attachment 2 (#E2018/67079) which includes the following results in the 30 June 2018 Quarterly Review of the 2017/2018 Budget:

General Fund - $0 change in Unrestricted Cash Result

a) General Fund - $9,795,300 increase in reserves

b) Water Fund - $1,899,300 increase in reserves.

c) Sewerage Fund - $3,461,600 increase in reserves

(Hunter/Richardson)

The recommendation was put to the vote and declared carried.

Cr Cameron left the meeting at 3pm.

BYRON SHIRE COUNCIL

Reports of Committees - Infrastructure Services 14.3 - Attachment 1

Minutes of the Transport and Infrastructure Advisory Committee Meeting held on Thursday, 16 August 2018

File No: Error! Unknown document property name.

PRESENT: Cr S Richardson (Mayor), Cr B Cameron, Cr J Martin

Staff: Phillip Holloway (Director Infrastructure Services)

Tony Nash (Manager Works)

Phil Warner (Manager Assets and Major Projects)

Michael Matthews (Manager Open Spaces and Resource Recovery)

Blyth Short (Asset Management Coordinator)

Craig Purdy (Assets Engineer)

Pattie Ruck (Open Space Facilities Coordinator)

Daniel Strzina (Project Engineer)

Dominika Tomanek (Minute Taker)

Community Representatives: Sapoty Brook,

Graham Hamilton

Andi Maclean

David Michie

Cr Cameron (Chair) opened the meeting at 9:07am and acknowledged that the meeting was being held on Bundjalung Country.

Apologies:

Alex Lewers (Transport Development Officer, Social Futures)

Declarations of Interest – Pecuniary and Non-Pecuniary

There were no declarations of interest.

Adoption of Minutes from Previous Meetings

Committee Recommendation:

That the minutes of the Transport and Infrastructure Advisory Committee Meeting held on 14 June 2018 and Extraordinary Transport and Infrastructure Advisory Committee Meeting held on 22 June 2018 be confirmed.

(Michie/Cameron)

The recommendation was put to the vote and declared carried.

Note: The minutes of the ordinary meeting held on 14 June 2018 and extraordinary meeting held on 22 June 2018 were noted, and the Committee Recommendations adopted by Council, at the Ordinary Meeting held on 2 August 2018.

Business Arising from Previous Minutes

There was no business arising from previous minutes.

Staff Reports - Infrastructure Services

Report No. 4.1 Transport Asset Management Plan - Customer Levels of Service Survey

File No: I2018/1315

Committee Recommendation:

That:-

1. The Transport Customer Levels of Service Report is noted.

2. Council pursues other mediums such as short videos/messages to continue to educate and engage with the community about customer levels of service, asset condition and challenges associated with the transport network as detailed in the draft Transport Asset Management Plan (TAMP).

3. The Levels of Service detailed in the Transport Asset Management Plan (Section 4) are adopted in accordance with the requirements of the 2018/19 adopted Operations Plan, Action 1.1 (b).

4. That the Transport and Infrastructure Advisory Committee continue to consider the Levels of Service issues such as: driver behaviour, lower speed limits, non-car owning road users, bus users, development of the Bike Strategy and Action Plan (Bike Plan) and Pedestrian Access and Mobility Plan (PAMP).

(Cameron/Richardson)

The recommendation was put to the vote and declared carried.

Report No. 4.2 Flight Neighbourly Procedure Tyagarah

File No: I2018/1334

Committee Recommendation:

That Council note the Fly Neighbourly Procedure for Tyagarah Airfield.

(Hamilton/Brook)

The recommendation was put to the vote and declared carried.

Report No. 4.3 Status Update - Bike Plan and PAMP

File No: I2018/1520

Committee Recommendation:

That Council note the status update on the development of the Bike Strategy and Action Plan (Bike Plan) and Pedestrian Access and Mobility Plan (PAMP).

(Hamilton/Martin)

The recommendation was put to the vote and declared carried.

Report No. 4.4 2018/19 Local Roads Capital Works Program and 2019/20 to 2028/29 ten (10) year Capital Works Program - All Assets

File No: I2018/1523

Committee Recommendation:

That Council note the actions taken in delivering the 2018/19 Local Roads Capital Works Program.

(Michie/Cameron)

The recommendation was put to the vote and declared carried.

There being no further business the meeting concluded at 11:04 am.

Date Commenced	24 September 2018	Timeframe to carry out objectives	2018-2023
Date Group to be Disbanded	30 June 2023
Convenor / Facilitator	Council Officer, Sustainable Environment and Economic Planning
Review Timeframe	Annually

Doc No.	Date Amended	Details Comments eg Resolution No.
	17 August 2018

Actions (Operational Plan)	2018-19 Operational Plan Action 3.1 Implement the Flying Fox Camp Management Plan
Related Legislation	Local Government Act 1993 Section 451 Government Information (Public Access) Act) 2009 NSW Biodiversity Conservation Act 2016 National Parks & Wildlife Act 1974 Prevention of Cruelty to Animals Act 1979 Environmental Planning & Assessment Act 1979 Crown Lands Act 1989 Local Government Act 1993 Environment Protection and Biodiversity Conservation Act 999
Related Policies	Code of Conduct Policy 2016 Privacy Management Plan (E2013/32774) Work Health Safety Policy OEH Flying-Fox Camp Management Policy 2015
Related Procedures/ Protocols, Statements, documents	Agenda Template for PRG Meetings Minutes Template for PRG Meetings Action List Template for PRG Meetings

Unsupportive Feedback Received From	HPE Reference
Permanat Resdients – Eight signed submission	#E2018/58985
Permanent Resident – one submission – also signed the above submission	#E2018/58987
Permanent Resident – one submission – also signed the above submission	#S2016/8087
Regular short term guest – one submission	#E2018/58990
Supportive Feedback Received From	HPE Reference
Permanent Resident – Two submissions	#E2018/36733 & #E2018/36734
Short term guest – one written submission	#E2018/36731
Comments on Facebook – six positivwe	#E2018/36728
Comments on WikiCamps – nine positive	#E2018/36729

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 16 August 2018
Time	2.00pm