Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 18 October 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

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

 

 

BUSINESS OF Ordinary Meeting

 

1.    Public Access

2.    Apologies

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       Byron Shire Reserve Trust Committee held on 20 September 2018

6.2       Ordinary Meeting held on 20 September 2018

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

9.    Notices of Motion

9.1       Climate Emergency Declaration....................................................................................... 6

9.2       Disaster Dashboard for Byron Shire................................................................................. 9

10.  Petitions

11.  Submissions and Grants

11.1     Byron Shire Council Submissions and Grants as at 1 October 2018............................. 10

12.  Delegates' Reports  

13.  Staff Reports

General Manager

13.1     Variation of North Byron Farmers Market licence for temporary change to market days 12

13.2     Proposed lease to Lilly Pilly Community Pre-School Inc, 96 Kingsford Drive Brunswick Heads 14

13.3     Byron Masterplan Guidance Group membership........................................................... 18

13.4     LGNSW request for financial assistance in legal proceedings....................................... 20

13.5     The giving notice to the Minister of persons employed as Native Title Managers......... 27

Corporate and Community Services

13.6     Investments September 2018......................................................................................... 29

13.7     Update to hall fees and charges - Marvell Hall and Suffolk Park Hall........................... 37

13.8     Section 355 Management Committees - resignations and appointments...................... 40

13.9     Election of Deputy Mayor 2018-2019............................................................................. 43

13.10   Draft 2017/2018 Financial Statements ........................................................................... 47

 

Sustainable Environment and Economy

13.11   Draft Bangalow Village Plan for public exhibition........................................................... 49

13.12   PLANNING - Car Share Pilot Project, Byron Bay & Mullumbimby............................... 55

13.13   PLANNING - Development Application 10.2018.342.1 Secondary dwelling at 5 Luan Court Byron Bay.................................................................................................................................. 61

13.14   PLANNING - Railway Park Draft Plan of Management - Submissions Report............. 74

13.15   PLANNING - Exceptions to Development Standards - 1 July 2018 to 30 September 2018        84

13.16   Report of the Planning Review Committee Meeting held on 13 September 2018......... 87

Infrastructure Services

13.17   South Golden Beach Flood Pump Update...................................................................... 89

13.18   Hinterland Way and Brunswick Valley Way/Tweed Valley Way Maintenance Funding 96

13.19   Tyagarah Clothes Optional Declaration - Results of the enhanced stakeholder safety initiatives of Res 17-499 and Res 17715............................................................................................. 98

13.20   Enactment of Council Policy 4.17 for Mafeking Road - Resident Contributions......... 112

13.21   Naming unnamed Track off Brunswick Street Billinudgel for addressing purposes.... 115

13.22   BRRC Masterplan Stage 2 Works - funding allocation................................................. 118

13.23   Belongil Catchment Drainage Investigation - Update................................................... 120   

14.  Reports of Committees

Corporate and Community Services

14.1     Report of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 13 September 2018............................................................................................................ 136

Sustainable Environment and Economy

14.2     Report of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 30 August 2018................................................................................................................... 139

14.3     Report of the Heritage Panel Meeting held on 30 August 2018.................................... 141

Infrastructure Services

14.4     Report of the Water, Waste and Sewer Advisory Committee Meeting held on 13 September 2018....................................................................................................................................... 143

14.5     Report of the Local Traffic Committee Meeting held on 18 September 2018............. 146

14.6     Report of the Byron Shire Floodplain Risk Management Committee Meeting held on 13 September 2018............................................................................................................................... 153

14.7     Report of the Local Traffic Committee Meeting held on 21 September 2018............. 155   

15Questions With Notice

Responses to Questions on Notice are now available on www.byron.nsw.gov.au/Council/ Council-meetings/Questions-on-Notice  

16.  Confidential Reports

Infrastructure Services

16.1     Confidential - Tender 2018-0008 Eureka Bridge Embankment Rectification...... 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.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.1

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Climate Emergency Declaration

File No:                                  I2018/1907

 

  

 

I move:

 

1.       That Council

 

a)      recognises that we are in a state of climate emergency that requires urgent action by all levels of government, including by local councils, and

b)      acknowledges that Byron Shire is likely to be substantially affected by climate impacts, particularly sea level rise;

 

2.       Expands existing climate change mitigation strategies and develops a Climate Emergency Plan to further enhance resilience and reduce climate impacts in a timeframe that is as fast as practicably possible

 

3.      Creates a special committee/panel of Council  to develop the Climate Emergency Plan, and

 

4.      calls upon the State and Federal Governments to:

 

a)      declare a climate emergency

b)      and to back this up with legislated programs to drive emergency action to reduce greenhouse gas emissions and meet the Paris Agreements.

 

5.       Writes to the Member for Ballina, Tamara Smith, the Member for Northern NSW, Ben Franklin and the Member for Richmond, Justine Elliot advising them of Council’s resolution and urging them to acknowledge a climate emergency and act to address the crisis.

 

 

 

Signed:   Cr Catherine Coorey

 

Councillor’s supporting information:

 

Professor Hans Joachim Schellnhuber, head of the Potsdam Institute for Climate Impact Research, and a senior advisor to the European Union, Pope Francis and German Chancellor Angela Merkel recently argued that “Climate change is now reaching the end-game, where very soon humanity must choose between taking unprecedented action, or accepting that it has been left too late and bear the consequences.”

Forest fires in the Arctic, more intense and more frequent severe storms, shrinking polar icecaps, increasing food and water shortages and the death of large areas of the Reef, show us that the earth is already too hot. Each year that passes is another year that is the hottest on record. We are in a serious crisis and it may already be too late to avert it. What is needed is a society-wide mobilisation of a scale and speed never before seen in peace time. We must reach zero emissions as fast as humanly possible and rapidly scale up efforts to draw down the excess greenhouse gases already in the atmosphere.

Declaring a climate emergency is the first step in mobilising government and community resources and funds that are not normally available. Declaring an emergency inspires the public to act for the common good. In the Queensland floods of 2011, three-quarters of the council areas were declared disaster zones. Government funds were made available and a large workforce was mobilised to deal with the emergency. More than 55,000 volunteers registered to help clean up the streets of Brisbane. All over Australia kind-hearted individuals and community groups sent supplies and raised emergency funds. It is this kind of mobilisation that we need.

This brings me to Darebin in Melbourne. Their council looked rationally at what the science told them – that we face a crisis and the only logical response is to declare a climate emergency. So they did – in consultation with their community and then they developed the Darebin Climate Emergency Plan.

Councils in Banyule, Moreland, Yarra and Port Melbourne, as well as in New South Wales and Western Australia are currently taking steps to follow Darebin City Council’s lead.

 

Byron is already doing some of the things that are in the Darebin plan; we need a plan that is relevant to this location, which brings everything we are doing together and that sets timelines that reflect the emergency scenario.

 

As an example of why we need to act, the NSW Office of Environment and Heritage Scientific Division published a paper earlier this year that suggests that sea level rises are likely to be higher than previously predicted in areas built on estuaries.  “ …our results show the potential future growth of exposure to inundation within estuaries to be a far greater problem in NSW than that of exposure to open coast erosion, which while nevertheless significant, is an order of magnitude less than the results presented here. Overall this exposure assessment finds estuarine tidal inundation to be a major coastal management issue, highlighting the need for coastal and floodplain management and planning to manage risk to current development and to avoid the unnecessary growth of risk into the future.”

We are likely to feel the significant impacts of  global warming. Whilst we cannot effect a turnaround of global emissions, we can work to mitigate impacts and build resilience and we have to start now.

Whilst I acknowledge that the notion of mobilising governments and people to act seems an insurmountable task, we as a community must acknowledge that if we do nothing we are doomed.

If we join other Councils and start taking action and advocating from our communities to government, then we have done something.

 

Attached:

Darebin Council Climate Emergency Plan Links:

http://climateemergencydeclaration.org/

http://climatesafety.info/guterres/

https://www.climatecouncil.org.au/2018/09/24/australias-report-card-on-emissions-delayed-yet-again/

 

Staff comments by Shannon Burt, Director, Sustainable Environment and Economy:

(Management Comments must not include formatted recommendations – resolution 11-979)

 

In relation to item 2 and 3 of the recommendations, an initial view of the Darebin Climate Emergency Plan is that it closely aligns with Council’s Zero Emissions Strategy, a key action in the 2018/19 Operational Plan and well advanced in its preparation.  A preliminary draft of Council’s Zero Emissions Strategy is scheduled for workshopping at the 25 October Sustainability Emissions Advisory Committee with a draft Strategy to be reported to the December Council meeting for public exhibition.

 

Council’s Zero Emissions Strategy:

·        Sets the context at the Global, National, State and Reginal level

·        Establishes Bryon Council’s Emission Profile and the Byron Community‘s Emissions Profile

·        Uses the National Greenhouse and Energy Reporting (NGER) methodology as Council’s carbon accounting approach i.e. Scope 1, 2 and 3 emissions

·        Sets goals, targets and timeframes

·        Identifies actions to deliver our goals and targets

·        Provides a monitoring and reporting framework on our emissions and implementation of emissions reduction measures 

 

The above content of Council’s Zero Emissions Strategy accords with the Darebin Climate Emergency Plan.

 

Financial/Resource/Legal Implications:

 

Staff are fully committed to the development of Council’s Zero Emissions Strategy.  There is no spare staff capacity or a budget for the delivery of this resolution in the 2018/2019 Financial Year.

 

Is the proposal consistent with any Delivery Program tasks?

 

No.  Expanding the existing climate change mitigation strategies and developing a Climate Emergency Plan is not included in the 2018/19 Delivery Program.

 

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Disaster Dashboard for Byron Shire

File No:                                  I2018/1931

 

  

 

I move:

 

That Council receive a report on options and associated costs for the implementation

of a disaster dashboard website.

 

 

 Signed:     Cr Michael Lyon

 

Councillor’s supporting information:

 

Townsville Council has implemented a warning system at the following address

http://disaster.townsville.qld.gov.au, while more recently Lismore City Council has also

implemented one: https://disaster.lismore.nsw.gov.au

 

It is an all-in-one-stop-shop for roads, weather and emergency information and can also include live feeds from cameras set up for one of these purposes. It is important to recognise this is not about duplication. It is about replication of information, pulled from various sites that are relevant in an emergency, that updates when those sites update.

 

Staff comments by Anna Vinfield, Manager Corporate Services, Corporate and Community Services

(Management Comments must not include formatted recommendations – resolution 11-979)

 

Council is progressing the development of its Business Continuity Plan and community preparedness for disaster recovery.

 

As a result of the impact of Ex-Tropical Cyclone Debbie in April 2017, the Office of Emergency Management (OEM) funded a pilot project which aims to support local Councils to improve community resilience and disaster recovery processes.

 

Councillors will be briefed on the status of this work at their Strategic Planning Workshop in November 2018. As part of this workshop, officers will also include discussion on the implementation of a disaster dashboard website.

 

On the basis that the Notice of Motion is adopted, a future report will be presented to Council on the options and the associated costs of a disaster dashboard website.

 

Financial/Resource/Legal Implications:

 

Implications will be considered as part of the future report to Council.

 

Is the proposal consistent with any Delivery Program tasks?

 

Council’s Delivery Program (2017-2022 revised) includes reference to disaster preparedness as per below.

 

2.4  Enhance community safety and amenity while respecting our shared values

a)    Provide and facilitate local emergency management  

Deploy technology to improve disaster response and recovery by preparing field devices and staff trained in readiness to respond to a natural disaster

  


BYRON SHIRE COUNCIL

Submissions and Grants                                                                                                     11.1

 

 

Submissions and Grants

 

Report No. 11.1           Byron Shire Council Submissions and Grants as at 1 October 2018

Directorate:                 Corporate and Community Services

Report Author:           Anna Vinfield, Manager Corporate Services

File No:                        I2018/1922

Theme:                         Corporate Management

                                      Corporate 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

 

 

  

 

RECOMMENDATION:

That Council note the report and attachment (#E2018/80842) for the Byron Shire Council Submissions and Grants as at 1 October 2018.

 

Attachments:

 

1        Byron Shire Council Submissions and Grants as at 1 October 2018, E2018/80842

 

 


 

Report

 

This report provides an update on grant submissions since last report.

 

Successful Applications

·    Statements of Heritage Significance for the Rail Precinct Byron Bay, Heritage Transport Grants, Royal Australian Historical Society

·    Safer streets through improved lighting, NSW Crime Prevention Fund, NSW Dept of Justice

 

Submitted Applications

·    Advancing Digital Co-creation for Brunswick Heads Library, Regional Cultural Fund, NSW Government Regional Growth Fund

·    NE Hinterland Regional Koala Project, Saving our Species Iconic Koala, Office of Environment and Heritage

 

Unsuccessful Applications

·    Coolamon Scenic Drive – Road  Safety Evaluation (Project 3), Safer Roads, NSW Roads and Maritime Services

 

Additional information on the grant submissions is provided in Attachment 1 – Submissions and Grants report as at 1 October 2018.

 

Financial Implications

 

If Council is successful in obtaining the identified grants more than $13 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

13,869,743

Council cash contribution

4,814,356

Council in-kind Contribution

121,857

Other contributions

8,730,545

Funding applications submitted and awaiting notification (total project value)

27,536,501

 

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 - General Manager                                                                                 13.1

 

 

Staff Reports - General Manager

 

Report No. 13.1           Variation of North Byron Farmers Market licence for temporary change to market days

Directorate:                 General Manager

Report Author:           Paula Telford, Leasing and Licensing Coordinator

File No:                        I2018/1705

Theme:                         Corporate Management

                                      Corporate Services

 

 

Summary:

 

The North Byron Farmers Market holds a current licence to operate weekly farmers market at the New Brighton Oval, part lot 335 DP 755687, every Tuesday during the hours of 8:00am and 11:00am.  The licence expires on 31 October 2021. The market licence does not permit a change of licensed market days.

 

As two regular farmers market days fall on Tuesday 25 December 2018 and 1 January 2019, North Byron Farmers Market seeks Council permission to move these two farmers market days to 24 and 31 December 2018.

 

 

  

 

RECOMMENDATION:

That Council delegate the General Manager, the authority to vary the current Farmers Market Licence to the North Byron Farmers Markets to permit two regular Tuesday Farmers Markets to be moved to Mondays 24 and 31 December 2018 in lieu of Tuesdays 25 December 2018 and 1 January 2019 and to execute any documents necessary to give effect to the variation.

 

 

 

 


 

Report

 

The North Byron Farmers Market (‘the Licensee’), holds a current licence to operate weekly farmers market at the New Brighton Oval, part lot 335 DP 755687, every Tuesday during the hours of 8:00am and 11:00am.  The licence expires on 31 October 2021.

 

Regular farmer’s market days are licensed to occur on:

 

·        Tuesday 25 December 2018; and

·        Tuesday 1 January 2019

 

The Licensee seeks Council approval to change the following regular weekly farmer’s market days as follows:

 

·        Monday  24 December 2018 in lieu of Tuesday 25 December 2018 and 1 January 2019; and

·        Monday 31 December 2018 in lieu of Tuesday 1 January 2019

 

Whilst Council’s Policy 15/007 Sustainable Community Markets does not prevent the proposed change to farmer markets days the terms of the licence do not permit the Licensee to change or vary regular market days.

 

The Licensee has complied with all licence terms and conditions including the payment of rent, provision of insurances and other reporting requirements during the term of the licence.

 

Council staff recommend that Council resolve to permit the Licensee to operate the weekly Farmers Markets at New Brighton Oval on 24 and 31 December 2018. 

 

Financial Implications

 

No financial implications arise from the proposed change of two days to conduct Farmers Markets at New Brighton

 

Statutory and Policy Compliance Implications

 

There are no statutory or policy compliance implications from the change of two days to conduct Farmers Markets at New Brighton.

 


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.2

 

 

Report No. 13.2           Proposed lease to Lilly Pilly Community Pre-School Inc, 96 Kingsford Drive Brunswick Heads

Directorate:                 General Manager

Report Author:           Paula Telford, Leasing and Licensing Coordinator

File No:                        I2018/1706

Theme:                         Corporate Management

                                      Corporate Services

 

 

Summary:

 

Lot 70 DP 851902, 96 Kingsford Drive Brunswick Heads is Council owned community land currently leased to the Lilly Pilly Community Pre-School (‘the Pre-School’) to provide early childhood education and care services to the Brunswick Heads community.  The Pre-School has requested that Council considers a new twenty (20) year lease when the current lease expires on 30 November 2018.

 

The Plan of Management over Lot 70 DP 851902 categories the land for general community use and allows Council to grant a lease up to 21 years over the land. Section 46A(3) of the Local Government Act permits Council to directly negotiate a lease for a term greater than five years with the Pre-School, being a non-profit organisation.

 

Councils Children’s Services Policy expressly authorises Council to provide community land at nominal cost to the Pre-School. The proposed lease should provide subsidised rent, with the Pre-School paying annual rent to the value of minimum Crown rent. Further, in accordance with Council’s Section 356 Donations, Rates, Water and Sewerage Charges Policy, the proposed lease should provide for a 100% subsidy for the value of annual general rates payable on the unimproved capital value of the land.

 

To ensure asset maintenance of all buildings and land over the term of the lease, Council staff recommend that the lease places an obligation on the  Pre-School to replace or repair all non-structural building defects identified in building audits obtained prior to commencement of the lease and again prior to commencement of each five year options of the lease.

 

 

  

 

RECOMMENDATION:

That Council authorises the General Manager to negotiate a new lease with the Lilly Pilly Community Pre-School for:

         

a)      an initial term of five (5) years with three additional options of five (5) years to renew;

b)      the lessor provide subsidised rent to the value of $40,190 (Calculated on the basis of  6% of the lands Unimproved Capital Value $40,680 less $490 being the value of minimum Crown rent) and adjusted each year;

c)      the lessee pay annual rent of  $490 (excluding GST) being minimum Crown rent, adjusted for each year of the lease;

d)      the lessor provide full (100%) subsidies general land rates value for each year of the lease;

e)      the Lessee pay all other outgoings;

f)       the Lessee repair or replace all non-structural defects identified in a building audits obtained prior to commencement of the lease, and subsequent obtained prior to commencement of each additional option of the lease.

 

 

 


 

Report

 

Community Land and Plan of Management:

 

Lot 70 DP 851902, 96 Kingsford Drive Brunswick Heads is Council owned land classified as community land for general community use. 

 

The adopted Generic Plan of Management for Community Land Categorised as General Community Use – Community Facilities (‘POM’) guides the management and development of the land. The POM expressly permits Council to lease the land for a term not greater than 21 years for purposes consistent with the core objectives of land categorised as general community use. The provision of facilities on the land to meet current and future needs of the local community and wider community for individual development or the physical, cultural, social and intellectual welfare of individuals is core objective for which a lease may be granted. 

 

Council has acknowledged in its Policy 3.44 Children’s Services Policy the significant social and economic benefits to individuals, families and the community that flow from inclusive access to quality early childhood education and care services.

 

A lease to the Lilly Pilly Community Pre-School Inc (‘the Pre-School’) over Lot 70 DP 851902 for the purpose of early childhood education and care is consistent with both the POM over the land and Council’s Children’s Services Policy.

 

The Proposed Lease:

 

The Pre-School holds a current lease to 30 November 2018.  To ensure the ongoing equitable access to pre-school services in Brunswick Heads, the Pre-School Inc, a registered charity (93 549 848 039) and approved children’s care provider (PR-00005056), has requested that Council considers a new twenty (20) year lease. A long-term lease would provide the pre-school with the security to apply for applicable grant funding.

 

A twenty (20) year lease is expressly authorised by the POM. Council staff would recommend that the lease be offered as a five (5) year lease with three additional options of five (5) years to commence 1 December 2018 for the purpose of early childhood education and care. 

 

Direct negotiation:

 

In accordance with s46A(3) of the Local Government Act 1993 (NSW), Council is exempted from running a tender process to let a proposed lease for greater than five years to the Pre-School because the Pre-school is a registered non-profit organisation.

 

Subsidies:

 

Council’s Policy 3.44 Children’s Services Policy provides that Council will continue to support community pre-schools in the Shire by providing land and/or buildings for delivery of services to children aged 3 – 5 years. That Policy states that Council will provide community land at nominal cost to the organisations including the Pre-School.

 

As a result, it is proposed that Council provides subsidies rent to the Pre-School.  Market rent is calculated at 6% of the lands Unimproved Capital Value (UCV) being $40,680.  A Council subsidy of $40,190 with the Pre-school paying $490 (exclusive of GST) is required for year one of the lease. The proposed lease would require a full rent review to occur on the commencement of each additional five year option. 

 

Further, Council’s Policy 12/008 Section 356 Donations, Rates, Water and Sewerage Charges provided eligibility for not for profit organisations to receive a section 356 donation for general rates, fixed water and sewerage charges.  Under the existing five year lease, the Pre-School pays all outgoings except for general rates charges 

 

To enable the Pre-School to continue to provide pre-school services to the Brunswick Heads community, it is proposed that Council continue to support the Pre-School and fully subsidise 100% of the annual general rate amount payable on the unimproved capital value of the land. 

 

Asset maintenance:

 

To ensure ongoing asset maintenance during the term of the proposed twenty (20) year lease, Council staff recommends that a building audit is obtained prior to commencement of the lease and again before the commencement of each additional five year lease option.  Terms of the proposed lease will then place an obligation on the Lessee to repair or replace all non-structural building defects identified in each subsequent building audit report.  A regime of scheduled building audits through the term of the lease will ensure ongoing maintenance to the Council asset. 

 

Financial Implications

 

This report is proposing that Council provides subsidised rent under the lease to the value of $40,680 for year one of the lease with the Pre-School to pay the value of minimum Crown rent currently $490 (exclusive of GST).  A full rent review will occur on the commencement of each additional five year option. 

 

The proposed lease will require the Pre-School to pay all outgoings except the value of annual general rent payable on the unimproved capital value (‘UCV’) of the community land.  The annual general rent for the 2018-19 financial year based on a UCV of $678,000.

 

Statutory and Policy Compliance Implications

 

446A   Means of granting leases, licences and other estates

(1)      A plan of management is to specify, in relation to the community land to which it applies, any purposes for which a lease, licence or other estate may be granted only by tender in accordance with Division 1 of Part 3.

(2)      Nothing in this section precludes a council from applying a tender process in respect of the grant of any particular lease, licence or estate.

(3)      A lease or licence for a term exceeding 5 years may be granted only by tender in accordance with Division 1 of Part 3, unless it is granted to a non-profit organisation.

 

47   Leases, licences and other estates in respect of community land—terms greater than 5 years

(1)      If a council proposes to grant a lease, licence or other estate in respect of community land for a period (including any period for which the lease, licence or other estate could be renewed by the exercise of an option) exceeding 5 years, it must:

(a)      give public notice of the proposal (including on the council’s website), and

(b)      exhibit notice of the proposal on the land to which the proposal relates, and

(c)      give notice of the proposal to such persons as appear to it to own or occupy the land adjoining the community land, and

(d)      give notice of the proposal to any other person, appearing to the council to be the owner or occupier of land in the vicinity of the community land, if in the opinion of the council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of community land.

(2)      A notice of the proposal must include:

•  information sufficient to identify the community land concerned

•  the purpose for which the land will be used under the proposed lease, licence or other estate

•  the term of the proposed lease, licence or other estate (including particulars of any options for renewal)

•  the name of the person to whom it is proposed to grant the lease, licence or other estate (if known)

•  a statement that submissions in writing may be made to the council concerning the proposal within a period, not less than 28 days, specified in the notice.

(3)      Any person may make a submission in writing to the council during the period specified for the purpose in the notice.

(4)      Before granting the lease, licence or other estate, the council must consider all submissions duly made to it.

(5)      The council must not grant the lease, licence or other estate except with the Minister’s consent, if:

(a)      a person makes a submission by way of objection to the proposal, or

(b)      in the case of a lease or licence, the period (including any period for which the lease or licence could be renewed by the exercise of an option) of the lease or licence exceeds 21 years.

(6)      If the council applies for the Minister’s consent, it must forward with its application:

•  a copy of the plan of management for the land

•  details of all objections received and a statement setting out, for each objection, the council’s decision and the reasons for its decision

•  a statement setting out all the facts concerning the proposal to grant the lease, licence or other estate

•  a copy of the public notice of the proposal

•  a statement setting out the terms, conditions, restrictions and covenants proposed to be included in the lease, licence or other estate

•  if the application relates to a lease or licence for a period (including any period for which the lease or licence could be renewed by the exercise of an option) exceeding 21 years, a statement outlining the special circumstances that justify the period of the lease or licence exceeding 21 years

•  a statement setting out the manner in which and the extent to which the public interest would, in the council’s opinion, be affected by the granting of the proposed lease, licence or other estate, including the manner in which and the extent to which the needs of the area with respect to community land would, in the council’s opinion, be adversely affected by the granting of the proposed lease, licence or other estate.

(7)      On receipt of the application, the Minister must request the Director of Planning to furnish a report concerning the application within such period as the Minister specifies.

(8)      After considering the application and any report of the Director of Planning, the Minister, if satisfied that:

(a)      subsections (1), (2) and (6) have been complied with, and

(b)      such consent would not contravene section 46, and

(c)      in all the circumstances, it is desirable to grant consent,

may consent to the granting of a lease, licence or other estate in respect of the whole or part of the land to which the application relates, subject to such terms and conditions as the Minister specifies.

(8AA)  The Minister may consent to a lease or licence referred to in subsection (5) (b) only if the Minister is satisfied that there are special circumstances that justify the period of the lease or licence exceeding 21 years.

(8A)    On request by any person, the Minister must provide that person, within 14 days of that request, with a written statement of reasons for consenting to, or refusing to consent to, the granting of a lease, licence or other estate in accordance with subsection (8).

(9)      The Minister’s consent is conclusive evidence that the council has complied with subsections (1), (2) and (6).

(10)    For the purposes of this section, any provision made by a lease or licence, or by an instrument granting any other estate, in respect of community land, according to which the council:

(a)      would suffer a disadvantage or penalty if the same or a similar lease, licence or estate were not to be granted, for a further term, after the expiry of the current lease, licence or other estate, or

(b)      would enjoy an advantage or benefit if the same or a similar lease, licence or estate were to be so granted, is taken to confer an option for renewal for a term equal to the further term.

 


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.3

 

 

Report No. 13.3           Byron Masterplan Guidance Group membership

Directorate:                 General Manager

Report Author:           Claire McGarry, Place Manager - Byron Bay

File No:                        I2018/1769

Theme:                         General Manager

                                      General Manager

 

 

Summary:

 

The Byron Masterplan Guidance Group has been established to influence and provide advice to Council on policies and strategies relating to the implementation of the Byron Bay Town Centre Masterplan.

 

Recent vacancies on the group resulted in Council running an Expression of Interest process for up to 6 additional members.

 

This report details the applications received and the analysis of the applications by the Byron Masterplan Guidance Group.

 

 

  

 

RECOMMENDATION:

That Council appoint and invite up to 6 applicants to join the Byron Masterplan Guidance Group, being ____________, ____________, ____________, ____________, ____________, ____________ .

 

.

 

 

Attachments:

 

1        Charter - Byron Masterplan Guidance Group, E2018/19664

2        Confidential - Expressions of Interest - Byron Masterplan Guidance Group September 2018.pdf, E2018/76205  

3        Confidential - Byron Masterplan Guidance Group - Expressions of Interest Analysis September 2018, E2018/76202  

 

 


 

Report

 

The Byron Masterplan Guidance Group has been established to influence and provide advice to Council on policies and strategies relating to the implementation of the Byron Bay Town Centre Masterplan (BBTCMP).

 

The key objectives of the group are to:

·        Develop and maintain communication and understanding between the community and Council regarding the implementation of the BBTCMP

·        Provide comment and feedback to Council on projects relating to the implementation of the BBTCMP

·        Ensure open communication between the group and Council

·        Actively engage with the community and provide feedback to Council on local aspirations, visions, needs and concerns

·        Identify and assist in facilitating partnerships between the community and Council for relevant projects.

 

The group is made up of up to 22 members, plus 3 Councillors and the Mayor.

 

Recently, a change of circumstance for 6 members has seen vacancies arise – there are currently 16 members in the group.

 

As per the group Charter, Council ran an Expression of Interest process for new members from 16 August to 7 September. The group identified that they wanted to specifically target members representing the categories of ‘Youth’ and ‘Environmental Groups’.

 

Candidates for membership were required to demonstrate suitability on the basis of:

·        An understanding of and interest in Byron Bay

·        Demonstrated leadership skills

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

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

 

Applications were received from 11 community members. The Byron Masterplan Guidance Group met on 12 September to assess the applications received and provide feedback to Council. The analysis of the applications received is contained in Confidential Attachment 3. The analysis was undertaken by a confidential vote, to individually nominate the preferred applicants.

 

All applications have been provided in Confidential Attachment 2 to this report.

 

Financial Implications

 

There are no financial implications of this report.

 

Statutory and Policy Compliance Implications

 

The above process has been run in line with the group’s adopted Charter (attached).

 


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.4

 

 

Report No. 13.4           LGNSW request for financial assistance in legal proceedings

Directorate:                 General Manager

Report Author:           Ralph James, Legal Counsel

File No:                        I2018/1872

Theme:                         General Manager

                                      General Manager

 

 

Summary:

 

The Council has received a request from Local Government NSW (LGNSW) for assistance with legal costs incurred by the Council of the City of Sydney; Bayside City Council and North Sydney Council in respect of an appeal of the Land and Environment Court's decision in Karimbla Properties v Council of the City of Sydney; Bayside City Council and North Sydney Council [2017] NSWLEC 75.

 

The requested assistance is in the sum of $3,216.52 incl GST.

 

LGNSW guidelines provide that a council may apply for the support of the Association in seeking contributions from all councils to assist with its legal costs where that council is involved in litigation.

 

A prerequisite is that the principle in question in the matter involves a major local government principle which may be eroded but for pursuing the matter, and is one which should not be eroded merely because the council involved is not itself, so seriously affected by the outcome of the case that the legal costs associated with pursuing the principle outweigh any other consequences.

 

Council is under no obligation to provide assistance.

 

There have been 7 requests for assistance since 2008. Council has approved 5 and has not approved 2.

 

  

 

RECOMMENDATION:

That Council:

1.       Acknowledge that the principle involved in the proceedings is one which is a major local government principle.

2.       Authorise the provision of assistance requested by LGNSW in the sum of $3216.52 including GST, to be drawn from the Legal Services Budget.

 

Attachments:

 

1        Letter received from Local Government NSW regarding Request for Financial Assistance for Legal Costs - Karimbala Properties v Council of the City of Sydney, S2018/12199

 

 


 

Report

 

The Council has received a request from Local Government NSW (LGNSW) for assistance with legal costs incurred by the Council of the City of Sydney; Bayside City Council and North Sydney Council in respect of an appeal of the Land and Environment Court's decision in Karimbla Properties v Council of the City of Sydney; Bayside City Council and North Sydney Council [2017] NSWLEC 75 (‘the Karimbla Case’), attachment 1 (#S2018/12199).

 

The requested assistance is in the sum of $3,216.52 incl GST.

 

From time to time, LGNSW requests that Councils support other NSW Councils by providing financial assistance to help off-set costs incurred in relation to legal proceedings in which they have been involved.

 

The purpose is to assist Councils faced with substantial legal costs to defend their reasonable decisions, where the issues arising from and/or outcomes of such legal proceedings directly benefit the NSW local government sector.

 

LGNSW guidelines provide that a council may apply for the support of the Association in seeking contributions from all councils to assist with its legal costs where that council is involved in litigation and the principle in question in the matter;

 

·        involves a major local government principle which may be eroded but for pursuing the matter; and

 

·        is one which should not be eroded merely because the council involved is not itself, so seriously affected by the outcome of the case that the legal costs associated with pursuing the principle outweigh any other consequences. That is, just because the council involved itself, has decided in all the circumstances not to further pursue the matter, legal assistance can be provided where the matter is of such significance and broader concern to the whole of local government to warrant pursuing the principle.

This may include a ‘test case’ where the matter will affect all councils.

 

Assistance under the guidelines is usually only be granted in respect of appeal matters to the New South Wales Court of Appeal or the High Court of Australia. Assistance is generally not available to fund litigation in a court of initial jurisdiction (including the Land and Environment Court) unless the Association is satisfied that there exists special and exceptional reasons for doing so.

 

On 6 October 2017, the Board of LGNSW resolved to approve applications for legal assistance made by the City of Sydney Council and Bayside Council. On 9 February 2018, the Board resolved to approve an application for legal assistance made by North Sydney Council. Approvals were in accordance with the LGNSW Legal Assistance Policy and Guidelines (November 2015). See https://www.lgnsw.org.au/files/imce-uploads/127/legal-assistance-policy-guidelines-november-2015.pdf

 

The Karimbla case

In the Land and Environment Court proceedings Karimbla Properties (‘Karimbla’) contended that once earthworks commence on land which has approval for a residential project, the land should be classified as ‘residential’ for rating purposes.

 

Two of the respondent councils contended that such land should be classified as ‘commercial land development’ until at least the residential construction was complete (i.e. an occupation certificate issued).

 

The third respondent council contended that such land should only be classified ‘residential’ when a substantial portion of the residential units were actually occupied.

The dispute centred on the interpretation of s 516 of the Local Government Act(‘LGA’).

 

Essence of the Decision

 

Basically, the Court followed the decision in Meriton Apartments Pty Ltd v Parramatta City Council [2003] NSWLEC 309 (Parramatta), as urged by Karimbla, over the opposition of all the respondent councils.

 

Categorisation of land as ‘residential’ (under the first limb of s 516) depended on the physical use of the land and that use was sufficiently manifested by commencement of construction of buildings that would be used for the purpose of residential accommodation. Where land is vacant (i.e. not any construction activity), the second limb of s 516 required consideration of its zoning and it was sufficient that the zoning includes the ability to develop land for residential purposes.

 

The fiscal implications of the case for councils are exacerbated by Sheahan J’s decision that:

 

·           As decided in Parramatta, the Court was not constrained in determining its categorisation decision could take effect from the time the ratepayer had applied to the Council for review of the categorisation of the land as ‘residential’. However, as per the Parramatta decision, the Court should normally exercise its discretion to determine the time from which the new categorisation took effect by holding it took effect from the time that the ratepayer applied to the Council for the re-categorisation.

·           Certain NSW legislative impediments to seeking a refund of tax rates where 12 months had elapsed since payment had been made did not preclude recovery of overpayment of rates due to land being re-categorised from ‘business’ to ‘residential’.

·           The Court should not decline to order a refund of overpaid rates in the exercise of its discretion on the basis that the Karimbla had not notified the relevant Council of the change in categorisation within 30 days of the change occurring in accordance with s 524 LGA.

Whether to categorise land for rating purposes as ‘residential’ from commencement of earthworks

Legislative Context

 

Section 516 of the LGA provides (underlining added):

‘Land is to be categorised as residential if it is a parcel of rateable land valued as one assessment and:

 

(a)     its dominant use is for residential accommodation (otherwise than as a hotel, motel, guest-house, backpacker hostel or nursing home or any other form of residential accommodation (not being a boarding house or a lodging house) prescribed by the regulations), or

 

(b)     in the case of vacant land, it is zoned or otherwise designated for use under an environmental planning instrument (with or without development consent) for residential purposes, or

 

(c)     it is rural residential land.’

Before rating land, Councils are obliged to declare the category of the land for rating purposes. The categorisation takes effect from the date specified in the declaration. Where a ratepayer’s land changes in category, the ratepayer must notify the Council of the change within 30 days – s 524 LGA.

 

Ratepayers can apply to Council at any time for review of the rating classification – s 525 LGA. The Council can declare a particular classification shall apply and is deemed to declare the existing classification applies where the Council fails to make a decision within 40 days of application for re-classification.

 

A ratepayer can appeal (s 526 LGA) to the Court in relation to either/both of:

 

·           the Council’s actual/deemed classification decision, and

·           the date on which the declaration is specified to take effect

Any appeal from the Council decision must be instituted by the ratepayer within 30 days after the declaration is made.

 

Section 527 LGA requires the Council to ‘make an appropriate adjustment of rates paid or payable’ by a ratepayer following re-categorisation of the ratepayer’s land.

 

By s 574(2) LGA) that ratepayers can appeal to the Court within 30 days of service of a rates notice on the ground that the rateable land has been wrongly categorised.

 

Whether land is ‘residential’

 

The Karimbla case considered each of the limbs in s 516(a) and (b).

 

Sheahan J held that the Parramatta case was directly relevant and that he was obliged to interpret the limbs in accordance with that decision. He went further, and endorsed the case as being ‘correctly decided, and should and would be decided in the same way now’. He adopted its construction of s 516 and also adopted:

 

 ‘its finding that activities implementing a development consent, which will lead to a residential development of a type not excluded by the section, dictate that the land in such circumstances be categorised for rating purposes as for “residential accommodation”.’

 

In Parramatta, the Court rejected the Parramatta City Council’s contention that the dominant use of land (s 516(a)) was determined by the ratepayer’s purpose (of building development), which would have required the land to be categorised as used for business activity rather than residential activity.

 

In Parramatta, the Court was referring to ‘physical use’ in the extended sense discussed in Council of the City of Newcastle v Royal Newcastle Hospital [1957] HCA 15 and Council of the City of Parramatta v Brickworks Limited [1972] HCA 21. Those cases recognised that is possible for land to be used for (i.e. ‘devoted to’) a physical purpose without any physical activity occurring on the land.

 

The key point made in the Parramatta  decision is that a ratepayer’s  intention that in the future the  land will be used for residential purposes is not sufficient, the land must be physically used for that purpose at the time of re-categorisation to ‘residential’ is sought. Commencement of development works (e.g. excavation of the land as part of the process of constructing foundations) in relation to a residential building will constitute a sufficient physical use of the land for residential purposes.

 

In relation to s 516(b), the Court in Parramatta considered that the zoning requirement. It held that it was sufficient that the zoning of the relevant land allowed ‘development of any kind, including residential, subject to obtaining development consent’. The point being made is that the ability to develop the land for non-residential purposes, in addition to the ability to develop the land for residential purposes, does not preclude the land meeting the s 516(b) test of being zoned for residential purposes.

 

In relation to the term ‘vacant land’ to which s 516(b) refers, Sheahan J adopted the Macquarie Dictionary definition applied in Ulan Coal Mines Pty Ltd v Mid-Western Regional Council [2013] NSWLEC 1167:

 

‘Vacant

1.       having no contents; empty; void.

2.       devoid or destitute (of).

3.       having no occupant: vacant chairs.

4.       untenanted, as a house, etc.

5.       not in use, as a room.

6.       free from work, business, etc., as time.

7.       characterised by or proceeding from absence of occupation: a vacant life.

8.       unoccupied with thought or reflection, as the mind.

9.       characterised by, showing, or proceeding from lack of thought or intelligence.

10.     not occupied by an incumbent, official, or the like, as a benefice, office, etc.

11.     Law
(a)    
idle or unutilised; open to any claimant, as land.

(b)     without an incumbent; abandoned: a vacant estate (one having no heir or claimant).’

 

Refund of rates overpaid due re-categorisation of land as ‘residential’

Of great importance for councils is whether their annual budgets can be disrupted retrospectively, and possibly after the elapse of several years, by re-categorisation decisions being made by the Court.

 

In the Parramatta case, the Court said:

 

‘The fact that an application [for re-categorisation] can be made at any time and that there is a 30 day limit for an appeal to be lodged under s 526(2) should not be interpreted as limiting the period of a declaration made by the Court to the date of the application for review made to the Council. Nothing in the legislation suggests such a limitation should be applied. How the Court’s discretion is exercised in making any declaration sought will depend on the circumstances of each case. If the circumstances warrant a change in the rating category I consider it would generally be appropriate to make such a change from the time sought in the absence of “disentitling” conduct by the applicant.’

 

In the Karimbla Case, Sheahan J accepted that this was correct. In short, in the absence of ‘disentitling circumstances’, a Court should exercise its discretion to declare that re-categorisation took effect from the time application for change in categorization had been sought.

 

He had to consider a potential disentitling circumstance, as identified under the next heading.

 

It would appear that failure to notify a Council of the circumstance that development of land has commenced within 30 days of that commencement (and where a later request for re-categorisation to ‘residential’ is made) will not affect the Court’s discretion to apply the re-categorisation from the time of the actual request for re-categorisation. The appeal to the Court from the Council’s decision to refuse re-categorisation is a different issue and the appeal must be commenced (s 526 LGA) within 30 days after the Council makes the declaration (or semble the deemed declaration under s 525 LGA where the Council has not made an actual declaration within 40 days of the re-categorisation application).

 

One of the councils contended that the Court lacked jurisdiction to order a refund of rates. Sheahan J held that he had the power to order refund of the overpaid rates. The power arose as ancillary to the express jurisdiction conferred on the Court.

 

Summary - why is the Karim­bla case important?

Jus­tice Shea­han con­firmed the approach to deter­min­ing when to cat­e­gorise land as “res­i­den­tial” under s516 LGA. It is not nec­es­sary to have a build­ing ready for occu­pa­tion in order to clas­si­fy it as “res­i­den­tial”. The Court can order the Coun­cil to repay rates paid under an incor­rect classification.

While the coun­cils in the pro­ceed­ings adopt­ed slight­ly dif­fer­ent approach­es to their argu­ments, one of the cen­tral issues was whether Par­ra­mat­ta was cor­rect­ly decid­ed. Shee­han J con­sid­ered there was no rea­son to depart from the ratio deci­den­di in Par­ra­mat­ta, and con­firmed that ​“activ­i­ties imple­ment­ing a devel­op­ment con­sent, which will lead to a res­i­den­tial devel­op­ment of a type not exclud­ed by the sec­tion, dic­tate that the land in such cir­cum­stances be cat­e­gorised for rat­ing pur­pos­es as for ​“res­i­den­tial accom­mo­da­tion.

Shea­han J also con­sid­ered whether the Court could order a repay­ment of rates paid pre­vi­ous­ly under the incor­rect cat­e­gori­sa­tion. North Syd­ney argued that if a refund was sought, dif­fer­ent pro­ceed­ings for resti­tu­tion would be required. Sheahan J was sat­is­fied that hav­ing regard to the objec­tive of final­i­ty in pro­ceed­ings and the broad juris­dic­tion of the Land and Envi­ron­ment Court, that it was pos­si­ble to make an order for repay­ment, and that it was appro­pri­ate to do so. The Appli­cants were there­fore enti­tled to a repay­ment of rates paid pre­vi­ous­ly under dif­fer­ent cat­e­gori­sa­tions.

Comments by Revenue Co-ordinator

 

I am aware of this case and there is no doubt that the judgement (currently reserved) will affect all NSW Councils to some degree.

 

It may result in adopting an alternative trigger to consider a rating categorisation change for a property where development has commenced rather than completed. There are a few other issues that may be affected by this case too.

 

I can’t imagine the appeal outcome having a significant financial effect on Byron (it may change procedure etc) – it seems to have a significant effect on metro councils due to high rise developments on valuable parcels of land.

 

Ignoring perceived equity issues that may result from the judgement, I believe that a councils future notional permissible income shouldn’t be affected, however, any adjustments for prior years would likely result in one-off lost income.

 

How Council has dealt with previous requests for assistance

 

1)      19 March 2008 Gosford City Council. Assistance of $3346.30 approved. The issue was legal principles associated with a Tree Preservation Order.

2)      21 July 2009 Berrigan Shire Council. Assistance of $419.69 not approved. The issue was the consolidation of smaller parcels of land adjacent to a river to create dwelling entitlements.

3)      20 January 2010 Murray Shire Council. Assistance of $217.59 not approved. The issues concerned a tourist development and external agency concurrence and the interpretation of the LEP.

4)      27 April 2012 Blacktown City Council. Assistance of $118.28 approved. The issue was the interpretation of the GIPA Act.

5)      14 May 2013 Mid-Western Regional Council. Assistance of $3479.48 approved. The issue was categorisation of land as mining for ratings purposes.

6)      23 February 2016-Cowra Shire Council. Assistance of $569.76 approved. The issue was LGA prohibition orders in relation to animal welfare.

7)      6 May 2016-Bathurst Regional Council. Assistance of $1044.96 approved. The issue was a Council’s jurisdiction to fix fees for services under long-term contracts.

Financial Implications

 

The requested assistance is in the sum of $3,216.52 incl GST.

 

If Council resolved to provide assistance funding would be drawn from the Legal Services Budget allocation.

 

Statutory and Policy Compliance Implications

 

Council is under no obligation to provide assistance.

 

Rating categorisation and the application of s 516 LGA are dealt with in the body of the report. So too have ss 524, 525, 526, 527 and 574 LGA.

 


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.5

 

 

Report No. 13.5           The giving notice to the Minister of persons employed as Native Title Managers

Directorate:                 General Manager

Report Author:           Paula Telford, Leasing and Licensing Coordinator

File No:                        I2018/1909

Theme:                         Corporate Management

                                      Corporate Services

 

 

Summary:

 

The Crown Lands Management Act 2016 (NSW) requires Council to give written notice to the Minister of details of persons that Council has employed as Native Title Managers by 31 October each year.

 

The giving of a notice to the Minister is a function of Council that must not be delegated in accordance with s377(1)(s) of the Local Government Act 1993 (NSW). This report seeks that Council resolve to give notice to the Minister of details of persons that it has employed as native title managers.

 

  

 

RECOMMENDATION:

That Council give notice to the Minister responsible for the Crown Lands Management Act of the following employees of Council certified as native title managers:

 

a)      Ralph James (Legal Counsel)

b)      Matt Meir (Solicitor)

c)      Jessica Orr (Strategic Risk and Improvement Coordinator)

d)      Tracey Dousling (Records Management Coordinator)

e)      Paula Telford (Leasing Coordinator)

 

 

 

 

 


 

Report

 

Legislative requirement:

 

In accordance with section 8.8 of the Crown Lands Management Act 2016 (NSW), (‘CLMA’) Council as a ‘responsible person’ must give notice to the Minister detailing persons it has employed as Native Title Managers by 31 October each year.

 

Section 377(1)(s) of the Local Government Act 1993 (NSW) further requires that the giving of a notice to the Minister in accordance s8.8 of the CLMA  is a function of Council that cannot be delegated to the General Manager.  This report recommends that Council resolve to give notice to the Minister of persons it has employed as native title managers.

 

Native Title Managers:

 

Council is required to employ or engage a least one native title manager to ensure that Council’s dealings with land comply with any applicable provision of the Native Title legislation. A native title manager must have undertaken approved training.

 

The following five employees of Byron Shire Council have undertaken approved training provided by the NSW Crown Solicitor’s Office for the NSW Department of Industry Crown Lands and Water:

 

·        Ralph James (Legal Counsel)

·        Matt Meir (Solicitor)

·        Jessica Orr (Strategic Risk and Improvement Coordinator)

·        Tracey Dousling (Records Management Coordinator)

·        Paula Telford (Leasing Coordinator)

 

The role of these employees is to provide Council with written advice that certain acts Council proposes to undertake on Crown land complies with any applicable provision of the Native Title legislation.

 

Council must resolve to give notice to the Minister of details of the persons it has employed as native title managers.

 

Financial Implications

 

Nil.

 

Statutory and Policy Compliance Implications

 

Crown Lands Managers Act 2016 (NSW)

s8.8   Notice of native title managers to be given to Minister

(1)  A responsible person for relevant land must give written notice to the Minister about:

(a)      whether any person is engaged or employed as a native title manager for the responsible person, and

(b)      the name and contact details of that person.

(2)  The notice must be given as soon as practicable after 30 June (but not later than 31 October) of each year.

 

Local Government Act 1993 (NSW)

377   General power of the council to delegate

(1)  A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council under this or any other Act, other than the following..

(s)               the making of an application, or the giving of a notice, to the Governor or Minister,  


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.6

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.6           Investments September 2018

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Acting Director Corporate and Community Services

File No:                        I2018/1702

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position for the month of September 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 September 2018 be noted.

 

 

 


 

Report

 

In relation to the investment portfolio for the month of September 2018, Council has continued to maintain a diversified portfolio of investments. At 30 September 2018, the average 90 day bank bill rate (BBSW) for the month of September was 1.93%. Council’s performance to 30 September 2018 is 2.73% 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 September 2018:

 

Schedule of Investments held as at 30 September 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

Y

BBB+

28/10/19

Y

FRN

3.17%

655,144.56

 

24/03/17

1,000,000

NAB Social Bond (Gender Equality)

Y

AA-

24/03/22

N

B

3.25%

1,017,387.17

31/03/17

1,000,000

CBA Climate Bond

Y

AA-

31/03/22

N

FRN

3.25%

1,000,000.00

16/11/17

750,000

Bank of Queensland

Y

BBB+

16/11/21

N

FRN

2.63%

750,000.00

30/08/18

500,000

Bank Australia Ltd (Sustainability Bond)

Y

BBB+

30/08/21

N

FRN

3.20%

500,000.00

04/04/18

2,000,000

Police Credit Union Limited (SA)

Y

NR

03/10/18

Y

TD

2.86%

2,000,000.00

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 Bank

Y

A

02/10/18

N

TD

2.60%

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

17/04/18

1,000,000

Police Credit Union Limited (SA)

N

NR

17/10/18

Y

TD

2.94%

1,000,000.00

02/05/18

2,000,000

Police Credit Union Limited (SA)

N

NR

30/10/18

Y

TD

2.83%

2,000,000.00

02/05/18

1,000,000

Maitland Mutual Building Society

Y

NR

29/10/18

Y

TD

2.83%

1,000,000.00

15/05/18

1,000,000

Maitland Mutual Building Society

N

NR

15/10/18

Y

TD

2.85%

1,000,000.00

23/05/18

1,000,000

The Capricornian Credit Union

Y

NR

23/11/18

U

TD

2.85%

1,000,000.00

28/05/18

1,000,000

B & E Ltd (Bank of Us)

Y

NR

28/11/18

U

TD

2.85%

1,000,000.00

30/05/18

1,000,000

AMP Bank

N

A

25/02/19

N

TD

2.80%

1,000,000.00

05/06/18

1,000,000

NAB

N

AA-

03/10/18

N

TD

2.70%

1,000,000.00

08/06/18

2,000,000

ME Bank

Y

BBB

07/12/18

Y

TD

2.84%

2,000,000.00

08/06/18

1,000,000

Suncorp

Y

A

09/10/18

Y

TD

2.82%

1,000,000.00

15/06/18

1,000,000

Suncorp

N

A

15/10/18

Y

TD

2.80%

1,000,000.00

18/06/18

2,000,000

Beyond Bank

Y

BBB

18/12/18

Y

TD

2.75%

2,000,000.00

18/06/18

1,000,000

Gateway Credit Union

Y

NR

18/12/18

Y

TD

2.90%

1,000,000.00

03/07/18

1,000,000

B & E Ltd (Bank of Us)

N

NR

31/10/18

U

TD

3.00%

1,000,000.00

04/07/18

1,000,000

NAB

N

AA-

08/10/18

N

TD

2.57%

1,000,000.00

05/07/18

1,000,000

Hunter United Employees Credit Union

Y

NR

03/10/18

U

TD

2.90%

1,000,000.00

05/07/18

1,000,000

NAB

N

AA-

03/10/18

N

TD

2.76%

1,000,000.00

09/07/18

1,000,000

Beyond Bank

N

BBB

10/12/18

Y

TD

2.75%

1,000,000.00

23/07/18

1,000,000

AMP

N

A

21/01/19

N

TD

2.80%

1,000,000.00

23/07/18

1,000,000

NAB

N

AA-

22/10/18

N

TD

2.68%

1,000,000.00

23/07/18

1,000,000

Bankwest

Y

AA-

22/10/18

N

TD

2.65%

1,000,000.00

24/07/18

1,000,000

ME Bank

N

BBB

22/10/18

Y

TD

2.73%

1,000,000.00

30/07/18

2,000,000

ME Bank

N

BBB

29/10/18

Y

TD

2.73%

2,000,000.00

01/08/18

1,000,000

Defence Bank

Y

BBB

30/01/19

U

TD

2.75%

1,000,000.00

01/08/18

2,000,000

Bankwest

N

AA-

30/10/18

N

TD

2.65%

2,000,000.00

01/08/18

1,000,000

Bank Vic

Y

NR

30/10/18

Y

TD

2.82%

1,000,000.00

03/08/18

2,000,000

AMP

N

A

30/01/19

N

TD

2.80%

2,000,000.00

03/08/18

1,000,000

B & E Ltd (Bank of Us)

N

NR

02/11/18

U

TD

2.80%

1,000,000.00

06/08/18

2,000,000

NAB

N

AA-

05/11/18

N

TD

2.67%

2,000,000.00

07/08/18

1,000,000

Gateway Credit Union

N

NR

07/12/18

Y

TD

2.78%

1,000,000.00

07/08/18

2,000,000

ME Bank

N

BBB

04/02/19

Y

TD

2.70%

2,000,000.00

07/08/18

1,000,000

Coastline Credit Union

Y

NR

05/11/18

U

TD

2.80%

1,000,000.00

08/08/18

1,000,000

AMP

N

A

08/02/19

N

TD

2.80%

1,000,000.00

13/08/18

1,000,000

Bank of Us

N

NR

12/11/18

U

TD

2.75%

1,000,000.00

15/08/18

1,000,000

Police Credit Union Limited (SA)

N

NR

15/11/18

Y

TD

2.70%

1,000,000.00

20/08/18

1,000,000

Maitland Mutual Building Society

N

NR

19/11/18

Y

TD

2.70%

1,000,000.00

22/08/18

1,000,000

Suncorp

N

A+

22/11/18

Y

TD

2.65%

1,000,000.00

30/08/18

1,000,000

Suncorp

N

A+

28/11/18

Y

TD

2.65%

1,000,000.00

30/08/18

2,000,000

NAB

N

AA-

14/12/18

N

TD

2.63%

2,000,000.00

31/08/18

2,000,000

Suncorp

N

A+

29/11/18

Y

TD

2.65%

2,000,000.00

03/09/18

1,000,000

Bank Vic

N

NR

07/01/19

Y

TD

2.76%

1,000,000.00

04/09/18

1,000,000

Suncorp

N

A+

01/03/19

Y

TD

2.70%

1,000,000.00

06/09/18

1,000,000

Bananacoast Credit Union

Y

NR

06/03/19

Y

TD

2.70%

1,000,000.00

06/09/18

1,000,000

Suncorp

N

A+

05/03/19

Y

TD

2.70%

1,000,000.00

11/09/18

1,000,000

Bank Vic

N

NR

10/12/18

Y

TD

2.78%

1,000,000.00

12/09/18

1,000,000

Bankwest

N

AA-

10/01/19

N

TD

2.65%

1,000,000.00

12/09/18

2,000,000

Suncorp

N

A

08/02/19

Y

TD

2.70%

2,000,000.00

17/09/18

1,000,000

The Capricornian Credit Union

N

NR

17/01/19

U

TD

2.80%

1,000,000.00

17/09/18

1,000,000

The Capricornian Credit Union

N

NR

17/12/18

U

TD

2.80%

1,000,000.00

17/09/18

1,000,000

Hunter United Employees Credit Union

N

NR

17/12/18

U

TD

2.80%

1,000,000.00

19/09/18

1,000,000

Maitland Mutual Building Society

N

NR

17/01/19

Y

TD

2.80%

1,000,000.00

21/09/18

1,000,000

ME Bank

N

BBB

05/02/19

Y

TD

2.67%

1,000,000.00

21/09/18

1,000,000

Police Credit Union Limited (SA)

N

NR

21/01/19

Y

TD

2.80%

1,000,000.00

24/09/18

1,000,000

Bankwest

N

AA-

22/01/19

N

TD

2.65%

1,000,000.00

27/09/18

1,000,000

Suncorp

N

A

25/01/19

Y

TD

2.65%

1,000,000.00

28/09/18

1,000,000

Police Credit Union Limited (SA)

N

NR

02/01/19

Y

TD

2.85%

1,000,000.00

N/A

1,084,183

CBA Business Online Saver

N

A

N/A

N

CALL

1.40%

1,084,182.84

12/01/18

1,014,484

NSW Treasury Corp

N

AAA

N/A

Y

CALL

2.16%

1,014,483.54

Total

77,998,667                                                                                                                                                                             

 

 

 

 

 

AVG

2.73%

78,021,198.11

 

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 Council’s website via the following link:

 

https://www.byron.nsw.gov.au/Council/Your-right-to-Council-information/Policies?dlv_OC%20CL%20Public%20DocLib%20Relative=(pageindex=6)

 

 

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 September 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 September 2018

 

Principal Value ($)

Investment Linked to:-

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

72,000,000.00

Term Deposits

72,000,000.00

0.00

2,900,000.00

Floating Rate Note

2,905,144.56

5,144.56

1,084,182.84

Business On-Line Saver (At Call)

1,084,182.84

0.00

1,014,483.54

NSW Treasury Corp (T Corp)

1,014,483.54

0.00

1,000,000.00

Bonds

1,017,387.17

17,387.17

77,998,666.38

 

78,021,198.11

22,531.73

 

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 September 2018 on a current market value basis. 

 

Movement in Investment Portfolio – 30 September 2018

Item

Current Market  Value (at end of month) $

Opening Balance at 1 September 2018

77,017,471.34

Add: New Investments Purchased

17,000,000.00

Add: Call Account Additions

0.00

Add: Interest from Call Account

2,146.45

Less: Investments Matured

15,000,000.00

Add: T Corp Additions

0.00

Add: Interest from T Corp

1,580.32

Less: Call Account Redemption

1,000,000.00

Add: Fair Value Movement for period

0.00

Closing Balance at 30 September 2018

78,021,198.11

 

 

 

 

Investments Maturities and Returns – September 2018

 

Principal Value ($)

Description

Type

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

1,000,000.00

Bananacoast Credit Union

TD

06/09/18

184

2.60%

13,106.85

2,000,000.00

MyState Bank Limited

TD

06/09/18

184

2.65%

26,717.81

1,000,000.00

Maitland Mutual Building Society

TD

11/09/18

104

2.80%

7,978.08

1,000,000.00

Bankwest

TD

12/09/18

92

2.55%

6,427.40

2,000,000.00

Suncorp

TD

12/09/18

90

2.75%

13,561.64

1,000,000.00

The Capricornian

TD

17/09/18

154

2.74%

11,560.55

1,000,000.00

The Capricornian

TD

17/09/18

185

2.80%

14,191.78

1,000,000.00

Hunter United Credit Union

TD

17/09/18

123

2.80%

9,435.62

1,000,000.00

ME Bank

TD

21/09/18

120

2.60%

8,547.95

1,000,000.00

Police Credit Union Limited (SA)

TD

21/09/18

112

2.82%

8,653.15

1,000,000.00

Bankwest

TD

24/09/18

90

2.80%

6,904.11

2,000,000.00

ME Bank

TD

27/09/18

85

2.70%

12,575.34

15,000,000.00

 

 

 

 

 

139,660.28

 

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 September 2018 the table below identifies the overall cash position of Council as follows:

 

Dissection of Council Cash Position as at 30 September 2018

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

72,000,000.00

72,000,000.00

0.00

Floating Rate Note

2,900,000.00

2,905,144.56

5,144.56

Business On-Line Saver (At Call)

1,084,182.84

1,084,182.84

0.00

NSW Treasury Corp (T Corp)

1,014,483.54

1,014,483.54

0.00

Bonds

1,000,000.00

1,017,387.17

17,387.17

Total Investment Portfolio

77,998,666.38

78,021,198.11

22,531.73

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

1,621,532.64

1,621,532.64

  0.00

Total Cash at Bank

1,621.532.64

1,621.532.64

  0.00

 

 

 

 

Total Cash Position

79,620,199.02

79,642,730.75

22,531.73

 

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.

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.7

 

 

Report No. 13.7           Update to hall fees and charges - Marvell Hall and Suffolk Park Hall

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2018/1793

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

Marvell Hall Section 355 Management Committee have re-assessed their fees and charges and purchased new audio-visual equipment for hire.

 

Suffolk Park Community Hall has recently had hall renovations completed which has provided a new small meeting space within the hall.

 

  

 

RECOMMENDATION:

1.       That the new fees for Marvell Hall outlined in the report be placed on public exhibition           for 28 days.

 

2.       That the new fees for Suffolk Park Community Hall outlined in the report be placed on public exhibition for 28 days.

 

3.       That if no submissions are received during the public exhibition period, the new fees be adopted and incorporated into Council’s fees and charges.

 

 

 

 


 

Report

 

Two Section 355 Management Committees have requested an update to their adopted 2018/19 fees and charges as outlined below.

 

Marvell Hall

 

Marvell Hall Section 355 Management Committee have purchased new audio-visual equipment for hire, and would like to be able to charge hire fees for use of the equipment. They have also used the opportunity to update other fees and charges and would like to propose the following changes.

 

Marvell Hall

2018/19 current fee

Proposed fee

Main Hall (Oodgeroo Room), Dining Room (Mackellar Room) and Meeting Room (Lawson Room)

Regular hirers, community groups, by donation events (per room, per hour)

$20

$20 (note description changes)

Casual hirers (per room, per hour)

$32

$32 (note description changes)

Main Hall (Oodgeroo Room), Dining Room (Mackellar Room) and Kitchen together (per hour)

 

$62

Kitchen (day or night, per hour, breakages must be paid for)

$20

$20

Bond

$400 weddings, parties, special events

$100 all other users

Between $100 - $500 at the discretion of the Management Committee

Non return of key (after 24 hours)

$50 (late key return)

$50 (note description changes)

Extraordinary cleaning (includes removal of garbage)

At cost

 At cost with a minimum charge of $77

Cancellation fees

 

·    For other hirers cancellation with less than 2 weeks notice  50% of the total fee is forfeited

·    If the hirer cancels the booking with 2-4 weeks notice 30% of the deposit is forfeited.

·    If the hirer cancels the booking with 4 or more weeks notice 20% of the deposit is forfeited.

Equipment fees

 

 

Option A (audio only with 10 channel stereo mixer, mic and PA to be attached to computer)

 

$25 per day/ event plus $15 per hour for tech rehearsal

Option B (Projector, with or without audio)

 

$50 per day/ event plus $15 per hour for tech rehearsal

Option C (Projector, with or without audio, plus linked to NBN connection)

 

$60 per day/ event plus standard Optus fee for timed NBN downloads, vision or mixing or web-screening and $15 per hour for tech rehearsal

 

 

Please note the following fees will be deleted:

 

Key deposit                                                                                      $50

Weddings/ parties, special events (per function)                            $200

Kitchen hire weddings, parties, special events (per function)         $50

Conference room (full day)                                                             $140

Conference room (half day – 4 hours)                                           $80

 

 

Suffolk Park Community Hall

 

Suffolk Park Community Hall has just had hall renovations completed which has provided a new small meeting space within the hall. The Section 355 Management Committee has also taken this opportunity to review some of their existing fees and charges and would like to propose the following changes.

 

Suffolk Park Community Hall

2018/19 fee

Proposed fee

Meeting Room – standard fee, per hour

 

$20

Meeting Room – regulars fee, per hour

 

$15

Meeting Room – community fee, per hour

 

$10

Storage fee

 

POA between $10 - $20 per month

Cancellation fees

·    Cancellation with less than 2 weeks notice  50% of the total fee is forfeited

 

·    Cancellation with less than 2 weeks notice  50% of the total fee is forfeited

·    If the hirer cancels the booking with 2-4 weeks notice 20% of the deposit is forfeited.

 

 

Financial Implications

 

As outlined in the report, all other fees already adopted by Council for 2018/19 are proposed to remain unchanged.

 

The recommended fees above are also inclusive of Goods and Services Tax (GST) where applicable.

 

Statutory and Policy Compliance Implications

 

Under section 610F of the Local Government Act 1993, if, after the date on which the operational plan commences the nature or extent of an existing service is changed, Council must give public notice (in accordance with section 705) for at least 28 days of the fee proposed for the new or changed service.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.8

 

 

Report No. 13.8           Section 355 Management Committees - resignations and appointments

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2018/1794

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report updates Council on recent resignations and proposed appointments to Section 355 committees.

 

  

 

RECOMMENDATION:

1.       That Councillors note and confirm  that in addition to Cr Lyon replacing Cr Martin on the Ocean Shores Community Centre Management Committee as per resolution 18-488, that Cr Martin will replace Cr Lyon on the Durrumbul Community Hall Management Committee.

 

2.       That the resignation of Helen Hamilton from the Brunswick Valley Community Centre Management Committee be accepted and a letter of thanks be provided.

 

 

 

 


 

Resignations and Committee appointments

 

This report details resignations and proposed new appointments for Section 355 committees where nominations have been received.

 

Durrumbul Community Hall Management Committee

 

Following a report to the 2 August 2018 Ordinary Meeting regarding Section 355 Management Committee resignations and appointments, the following point 5 was added to the resolution 18-488.

 

5.       That Cr Lyon replace Cr Martin on the Ocean Shores Community Centre Management Committee.

 

Cr Lyon has provided clarification that it was understood between Cr Martin and Cr Lyon that they would swap committees, with Cr Martin replacing Cr Lyon on the Durrumbul Community Hall committee in addition to the statement in point 5 of resolution 18-488.

 

Brunswick Valley Community Centre

 

A resignation has also been received from Helen Hamilton.

 

Current members of this Management Committee are:

 

Councillors

·        Cr Jeannette Martin

 

Community Representatives

·        Fran Leske

·        Colin Monroe

·        Jennifer Moore

·        Carmel Lancaster

 

Management Recommendation

That the resignation from Helen Hamilton is accepted and a letter of thanks provided.

 

A number of committees have expressed desire to advertise for new members, including:

 

·    Brunswick Heads Memorial Hall

·    Brunswick Valley Community Centre

·    Mullumbimby Civic Hall

·    Ocean Shores Community Centre

·    Suffolk Park Community Hall

 

Staff will utilise the new Love Byron Halls marketing materials via social media to augment the standard Council Notices advertising to encourage fresh membership.

 

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 https://www.byron.nsw.gov.au/Council/Committees-and-groups/Section-355-Committees-and-Boards-of-Management.  


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.9

 

 

Report No. 13.9           Election of Deputy Mayor 2018-2019

Directorate:                 Corporate and Community Services

Report Author:           Heather Sills, Corporate Governance Officer

File No:                        I2018/1859

Theme:                         Corporate Management

                                      Councillor Services

 

 

Summary:

 

In accordance with Section 231 of the Local Government Act 1993 Councillors can elect a Deputy Mayor. Normal practice for Byron Shire is to elect their Deputy Mayor for a period of 12 months at the first meeting in September each year.

 

At the Ordinary Meeting of Council on 20 September 2018, Council resolved (18-619) that Council extend the period of Deputy Mayor to the October 2018 meeting and defer the election of a new Deputy Mayor to the next meeting of Council.

 

 

  

 

RECOMMENDATION:

1.       That Council elect a Deputy Mayor for the period from 18 October 2018 until the first meeting of Council in September 2019.

 

2.       That the method of election of the Deputy Mayor be by way of ordinary ballot.

 

Attachments:

 

1        Byron Shire Council Nomination Form Deputy Mayor 2018, E2018/60931

 

 


 

Report

 

In accordance with Section 231 of the Local Government Act 1993, a council may elect a Deputy Mayor to assist the Mayor in the performance of their duties.

 

(1)     The councillors may elect a person from among their number to be the deputy mayor.

 

(2)     The person may be elected for the mayoral term or a shorter term.

 

(3)     The deputy mayor may exercise any function of the mayor at the request of the mayor or if the mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of mayor.

 

(4)     The councillors may elect a person from among their number to act as deputy mayor if the deputy mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no deputy mayor has been elected.

 

Term of the Deputy Mayor

 

Section 231 (2) of the Local Government Act states:  “The person may be elected for the mayoral term or a shorter term” such as:

 

1.       For a period of 12 months

2.       For the period of the Mayoral Term

3.       For another period determined by Council

 

Returning Officer

 

Schedule 7(1) of the Local Government (General) Regulation 2005 states that the “General Manager (or a person appointed by the General Manager) is the Returning Officer.

 

Nomination

 

Schedule 7(2) of the Local Government (General) Regulation 2005 states that:

 

(1)     A councillor may be nominated without notice for election as mayor or deputy mayor.

 

(2)     The nomination is to be made in writing by 2 or more councillors (one of whom may be the nominee).  The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

 

(3)     The nomination is to be delivered or sent to the returning officer.

 

(4)     The returning officer is to announce the names of the nominees at the council meeting at which the election is to be held.

 

Nomination forms have been provided as an attachment to this business paper.  Any completed nomination forms should be handed to the General Manager prior to the commencement of the Council meeting.

 

Election

 

Schedule 7(3) of the Local Government (General) Regulation 2005 states:

 

(1)     If only one councillor is nominated, that councillor is elected.

 

(2)     If more than one councillor is nominated, the council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot; or by open voting.

 

(3)     The election is to be held at the Council meeting at which the Council resolves the method of voting.

 

(4)     In this clause:

 

ballot” has its normal meaning of secret ballot;

 

open voting” means voting by a show of hands or similar means.

 

Traditionally this Council has determined that the election for Deputy Mayor should be by ordinary ballot.  The following additional information is provided in respect to an election by preferential ballot and by ordinary ballot.

 

Preferential ballot – as per its normal interpretation, the ballot papers are to contain the names of all candidates and Councillors mark their votes 1, 2, 3 and so on against the various names, so as to indicate their order of preference for all of the candidates.

 

Ordinary ballot – this is the usual method adopted in New South Wales.  Ballots are secret with only one candidate’s name written on a ballot paper.

 

Where there are two candidates, the person with the most votes is elected.  If the ballots for the two candidates are tied, the one to be elected is to be chosen by lots, with the first name out being declared elected.

 

Where there are three or more candidates, the person with the lowest number of votes is eliminated and the process started again until there are only two candidates.  The determination of the election would then proceed as if the two were the only candidates.  In the case of three or more candidates where a tie occurs, the one to be excluded will be chosen by lot.

 

Choosing by Lot – to choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the returning officer, the slips are folded by the returning officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the returning officer and the candidate whose name is on the drawn slip is chosen, on the basis detailed above.

 

Financial Implications

 

On 21 June 2018, Council resolved (18-420) in part 3:  "That Council in accordance with its current practice not determine a fee payable to the Deputy Mayor."

 

 Section 249(5) of the Local Government Act 1993 states:

 

(5)   A council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor.  The amount of the fee so paid must be deducted from the mayor’s annual fee.

 

Therefore the Deputy Mayor when acting in the role of Mayor, in instances where the Mayor has leave of absence endorsed by Council, would be paid a fee calculated on a pro-rata basis of the annual Mayoral allowance, which would be deducted from the amount of the monthly Mayoral allowance paid to the Mayor, in accordance with Section 249 of the Local Government Act 1993.

 

Statutory and Policy Compliance Implications

 

The Deputy Mayor will undertake the Mayor’s role at the request of the Mayor and in situations where the Mayor is prevented by illness, absence or other reasons from exercising the functions of the position.  The role of the Mayor is defined by Section 226 of the Local Government Act 1993

Section 226 states that:

 

The role of the mayor is as follows:

 

(a)     to be the leader of the council and a leader in the local community,

 

(b)     to advance community cohesion and promote civic awareness,

 

(c)     to be the principal member and spokesperson of the governing body, including representing the views of the council as to its local priorities,

 

(d)     to exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council,

 

(e)     to preside at meetings of the council,

 

(f)      to ensure that meetings of the council are conducted efficiently, effectively and in accordance with this Act,

 

(g)     to ensure the timely development and adoption of the strategic plans, programs and policies of the council,

 

(h)     to promote the effective and consistent implementation of the strategic plans, programs and policies of the council,

 

(i)      to promote partnerships between the council and key stakeholders,

 

(j)      to advise, consult with and provide strategic direction to the general manager in relation to the implementation of the strategic plans and policies of the council,

 

(k)     in conjunction with the general manager, to ensure adequate opportunities and mechanisms for engagement between the council and the local community,

 

(l)      to carry out the civic and ceremonial functions of the mayoral office,

 

(m)    to represent the council on regional organisations and at inter-governmental forums at regional, State and Commonwealth level,

 

(n)     in consultation with the councillors, to lead performance appraisals of the general manager,

 

(o)     to exercise any other functions of the council that the council determines.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.10

 

 

Report No. 13.10         Draft 2017/2018 Financial Statements

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Acting Director Corporate and Community Services

File No:                        I2018/1929

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

The Draft 2017/2018 Financial Statements have been prepared and submitted for external audit. 

 

At the time of preparing this report, the external audit process is still being finalised but is expected to be finalised no later then 12 October 2018.

 

The External Auditor, being the NSW Auditor General and represented by Thomas Noble and Russell, have been invited to this Ordinary Council Meeting to present on the Draft 2017/2018 Financial Statements, and answer any questions from Councillors on the Financial Statements. 

 

Further information including an amended Report and a copy of the Draft 2017/2018 Financial Statements, will be distribution to Councillors prior to the meeting, following the completion of the External Audit process.

 

  

 

RECOMMENDATION:

That Council suspend standing orders to allow for a presentation from Council’s External Auditor.

 

 

 

 


 

Report

 

The Draft 2017/2018 Financial Statements have been prepared and submitted to external audit. 

 

At the time of preparing this report, the external audit process is still being finalised but is expected to be finalised no later than 12 October 2018.  Following that finalisation, a more detailed report and associated attachments with updated recommendations containing the Financial Statements and draft Audit Reports will be circulated to Councillors.

 

The External Auditor, being the NSW Auditor General to be represented by Thomas Noble and Russell, have been invited to this Ordinary Council Meeting, to present on the Draft 2017/2018 Financial Statements and answer any questions from Councillors on the Financial Statements.

 

The presentation is proposed to take place after the conclusion of the Reserve Trust Meeting when the Ordinary Meeting recommences.

 

Further information including an amended Report and a copy of the Draft 2017/2018 Financial Statements, will be distribution to Councillors prior to the meeting, following the completion of the External Audit process.

  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.11

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.11         Draft Bangalow Village Plan for public exhibition

Directorate:                 Sustainable Environment and Economy

Report Author:           Rob Van Iersel, Major Projects Planner

File No:                        I2018/918

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

Council resolved (16-623) to prepare a masterplan for the village of Bangalow through a participative planning process with the Bangalow Guidance Group.

 

This report presents the Draft Bangalow Village Plan – Vision and Initiatives for Council’s consideration for public exhibition (Attachment 1), and outlines the next step community engagement initiatives. This report also highlights some changes to the original communication and engagement plan that was endorsed by the Communications Panel earlier in the year.

 

The draft Plan is the outcome of a two year participative planning process with the Bangalow Guidance Group.  The process has sought to define the things people value about Bangalow and want to conserve; identify what’s not working and needs improvement; develop strategies to guide future change and sustainable development of the village over the next 15 years; and ensure it’s unique heritage character and rural amenity are conserved and enhanced into the future.

 

The draft Plan presents the synthesis of visions and initiatives that have come from the process, outlining a recommended framework to guide the future of Bangalow.

 

The Plan’s key visions are outlined in the Executive Summary within Attachment 1, and cover areas of public realm; built form; access and movement; natural environment and sustainability; and culture and sociability.

 

The intent of the draft Plan at this time is to present these visions and initiatives to the broader Bangalow (and Shire) community to test a wider view and gain an understanding of desired priorities.

 

The results of this wider public engagement process will allow for the finalisation of the Plan and development of a detailed Implementation Plan/Program.

 

At the same time, staff from Infrastructure Services (IS) propose to run a separate community consultation process to determine user needs in regard to Council-owned land at the Bangalow Sportsfields.  A budget allocation is sought by IS to undertake this parallel consultation and a subsequent review of the Plan of Management for the Bangalow Sportsfields (otherwise unrelated to the subject plan and exhibition). This allocation is addressed in a separate report to this Council meeting, associated with budget carryovers.

 

 

  

 

RECOMMENDATION:

1.       That Council place the Draft Bangalow Village Plan – Vision and Initiatives, Attachment 1 (#E2018/79056) on public exhibition for a period of 6 weeks.

 

2.       That Council delegate authority to the Director of Sustainable Environment and Economy to amend the Plan prior to public exhibition, if need be, for the purposes of proof reading and formatting edits.

 

 

3.       That Council endorse the updated Communications and Engagement Plan, Attachment 2 (#E2018/75449), to guide the public engagement activities to be undertaken.

 

 

Attachments:

 

1        draft Bangalow Village Plan - Vision and Initiatives, E2018/79056

2        Communications Action Plan Bangalow Village Plan Public Exhibition, E2018/75449

3        Special Disclosure of Pecuniary Interest Annexure, E2012/2815

 

 


 

Report:

 

This report presents the Draft Bangalow Village Plan – Vision and Initiatives (Attachment 1) and summarises the community engagement activities planned to occur over a period of 6 weeks.

 

Background

Council resolved (16-623) to prepare a masterplan for the village of Bangalow, through a participative planning process with selected representatives of the Bangalow community.

 

Key outcomes that Council and the community are seeking from the plan and the process include:

·     greater involvement of Bangalow residents in Council decision-making about their town;

·     a shared vision for the future – to get everyone rowing in the same direction (including Council, community groups and private developers);

·     better integration, coordination and sequencing of activities in Bangalow, including the delivery of infrastructure by Council;

·     to inspire and drive change by trialling some new ideas, temporary events and creative initiatives in the public domain; and

·     to ensure that the things people love about Bangalow – such as its small town feel, heritage character, rural setting and natural environment – are conserved.

 

The process commenced in late 2015 with a community survey, which received 300 responses. Results of the survey are included in the appendix to the draft Village Plan (Attachment 1).

 

A two-day Place Creation Workshop followed in March 2016, attended by 31 representatives from Bangalow community groups, the Mayor, Councillors and Council staff.  Workshop participants were invited to continue their involvement by becoming members of a community Guidance Group.

 

The Bangalow Guidance Group was formed in June 2016, comprising 19 community members and 3 Councillors.  It has met regularly since then and, through a series of participative workshops, assisted Council staff in developing the draft Village Plan.

 

Intent and scope of the draft plan

The ‘Bangalow Village Plan’ will be a “place plan” (or town-scale masterplan) to set out the community’s visions and ideas for their town.  When finalised, it will guide future change and sustainable development of the Bangalow Village over the next 15 years (from 2018 to 2033).

 

The draft Bangalow Village Plan – Vision and Initiatives is an important step in the process, to articulate the value of this place; define the important aspects that make up its character; and put forward initiatives that will ensure Bangalow’s unique heritage character and rural amenity are recognised, valued, conserved and enhanced.

 

It is appropriate, at this time, to engage with the broader Bangalow (and Shire) community to present these visions and initiatives, to test a wider view and gain an understanding of desired priorities.

 

The results of this wider public engagement process will allow for the finalisation of the draft Plan and development of a detailed Implementation Plan/ program and future governance structure to assist in project delivery, consistent with Council’s Community Strategic Plan, Operational and Delivery Plans.

 

The draft Plan presents the community’s vision for Bangalow Village as:

a healthy environment to live, work and raise a family

a village rich in history and heritage

a socially resilient community

an economically viable centre, providing a range of services to the people of the community and the surrounding area

nestled in the hills, surrounded by natural beauty

 

The Plan’s key aspirations and initiatives are collated across the following themes:

1.    Public realm (streets, parks, public reserves)

2.    Built form and village structure

3.    Access and movement

4.    Natural environment and sustainability

5.    Culture and sociability

6.    Shopping and business

 

In addition to the initiatives across these themes, the draft Plan provides conceptual visions for the future of four main precincts within the Village:

·     Byron Street, from Station Street to the Granuaille/Lismore Road roundabout;

·     Station Street, including “the Triangle”, rail corridor and Memorial Park;

·     Showgrounds, sportsfields, eastern end of rail corridor and Bowling Club; and

·     Bangalow Parklands and Heritage House.

 

Community Engagement

Members of the Group had previously discussed an Implementation Schedule and were keen for this to form Part B of the draft Village Plan for public exhibition.  Staff remain of the view that further work is required to test and scope the range of initiatives, to develop projects, resources and funding mechanisms that would allow the development of an appropriate Implementation Plan.

 

In finalising the draft Village Plan, a workshop was held with the Guidance Group to work through the draft initiatives, to identify where there was consensus among the Group. For the purposes of public exhibition, the current draft contains a list of all the initiatives as Appendix 3 (see Attachment 1). 

 

At the workshop, the Group provided a number of specific comments that will be considered, together with further submissions resulting from the public exhibition of the draft Plan.  These included:

·     the document should clearly prioritise residential amenity over tourism;

·     the highest priority action item in the Draft Plan should be the creation of a walk/cycle way between Rifle Range Road and the A&I Hall in the rail corridor with a priority to extend to the sportsfield as soon as practicable suitable [Note: not all of the members of the Group supported this specific action as the highest priority];

·     The wording on page 9 ‘purpose and scope’ should be amended to align with the language from the purpose and scope of the Bangalow Settlement Strategy 2003;

·     that Bangalow as a service centre to the 2479 postcode area be included in the Purpose and Scope;

·     that the NSW Government’s Office of Environment & Heritage’s map of its gazetted Bangalow Conservation Area be inserted into the document and properly introduced in the Introduction to the Draft Plan and be referenced at appropriate and relevant places throughout the document;

·     that the height limit for the total area gazetted as the Bangalow Conservation Area be limited to no more than two storeys or 9 metres [Note: not all of the members of the Group supported this comment];

·     that Section 02 Built Form and Structure includes reference to, and aligns with the design principles for places of cultural significance and heritage areas described in The Burra Charter (2013) and the NSW Govt’sDesign Guide for Heritage (2018);

·     that all presumptive and premature references to ‘density’ and ‘medium density’ in Bangalow be moderated with reference to the need to establish the actual capacity for what is possible and realistic after an audit

·     that all presumptive and premature descriptions throughout the document of developments in Station Street be moderated with reference to the amended process described in point 7 on page 91 ‘though a collaborative design process with developers and their consultants and the Bangalow Guidance Group.’

·     that all references to a lookout or path at the top of Rankin Drive (water tower area) be removed

 

The Guidance Group was invited to provide feedback on the place planning process to the Sustainable Planning Workshop on the 6 September 2018.  Councillors were able to hear directly from the Guidance Group members about their learnings and experiences from the Bangalow Village Plan making process.

 

The group were also asked to identify their top priorities from within the Draft Bangalow Village Plan.  The general themes that arose were:

·     Better pedestrian and cycle connections through Bangalow

·     Protection of the important heritage character of Bangalow and heritage buildings, including amending the DCP; and

·     Protecting the village and rural feel of Bangalow.

 

There was a general consensus that the plan making process had taken too long.  However, this had also created a highly cohesive group which has worked well together to produce a valuable draft Plan. 

 

In addition to collaboration with the Bangalow Village Plan Guidance Group, initial consultations with Arakwal, Jali LALC, Tweed/Byron LALC and Ngulingah LALC have commenced.  Further details on this are highlighted in the updated communication and engagement plan (Attachment 2).

 

From initial conversations, the ‘Culture and Sociability’ and the ‘About Bangalow’ sections of the Plan have been updated with information on the importance of cultural heritage in the area.  It is expected that further amendments and inputs relating to cultural heritage will be necessary once each board have completed their review, which will take place during the public exhibition period. 

 

As outlined above, it is now appropriate that wider community input is obtained.

 

Purpose of Public Exhibition:

·    Feedback on the initiatives – agreement/disagreement, omissions etc.,

·    Prioritisation of the initiatives,

·    General feedback on the draft.

 

The communication and engagement plan for this project was written earlier this year, prior to the draft Plan being completed.  It was, to some extent, unknown at that stage what the exact purpose of the public exhibition would be.  The purpose, as above, has now been clarified and as such, the methods of engagement listed in the communication and engagement plan have been amended (see Attachment 2).  The changes that have been made to the communication and engagement plan are tabled below.

 

Removed

Reasoning

Scheduled walking tours

Staff time, health and safety issues and resources do not justify the purpose of these meetings. These types of meetings will be better suited to the second stage when initiatives are being scoped.

Presence outside school at pick up time

Time not justified – parents and children are busy and pre-occupied at this time and not likely to stop.  Ad in the school newsletter + parklet likely to be more effective

Postcard letterbox drop

Postcard too expensive - will do a letterbox drop of a fact sheet or flyer (developed in-house).

Amended

Reasoning

Half day workshops with Arakwal

Staff have been liaising with Arakwal representatives, who are currently reviewing the Plan.

Half day workshops with Ngulingah

A meeting was held with CEO to get their input.

Tweed/Byron LALC consultation

Staff have met with Tweed/Byron CEO and Chairman.

 

As outlined in the updated communication and engagement plan, it is recommended that a number of community engagement initiatives be undertaken over a 6 week period.  In addition to the conventional public exhibition measures, examples of the engagement initiatives include:

·     Wide distribution of project summary information throughout Bangalow;

·     Parklets in the main street where staff will be available to talk with the community;

·     Presence at Farmers Markets;

·     Online survey; and

·     Modern use of social media.

 

It is intended that members of the Guidance Group will be asked to take an active role is some of the engagement activities, to assist in disseminating their local knowledge and input.

 

Financial Implications

 

Funds have been allocated in the 2018/19 budget to finalise the development of the Bangalow Village Plan.

 

Funds are required to review the Plan of Management for the Bangalow Sportsfields.  An allocation of $50,000 is addressed in a separate report to this Council meeting, associated with budget carryovers.

 

Statutory and Policy Compliance Implications

 

The Draft Bangalow Village Plan – Vision and Initiatives is a non-statutory document, which has been initiated by Council in response to requests from community leaders.

 

It will provide impetus for the subsequent development of statutory documents and guidelines for future development in Bangalow.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.12

 

 

Report No. 13.12         PLANNING - Car Share Pilot Project, Byron Bay & Mullumbimby

Directorate:                 Sustainable Environment and Economy

Report Author:           Jamie Van Iersel, Planner - Place Planner

File No:                        I2018/1377

Theme:                         Sustainable Environment and Economy

                                      Planning Policy and Natural Environment

 

 

 

Summary:

 

At the Ordinary Meeting of 22 February 2018, Council considered a draft Car Share Policy and resolved to exhibit the draft Policy and support an expression of interest (EOI) from car share companies for a pilot project.

 

This report provides a status update on the projects public exhibition and EOI as well as an update on the selection of car share bay locations in Byron Bay.

 

The draft Car Share Policy was publicly exhibited until Monday, 17 September.  As no submissions of objection were received the Policy is now adopted.

 

Five car share operators expressed an interest in operating a car share scheme. 

 

Community engagement was carried out with neighbours nearby to the potential car share bays, and the Local Traffic Committee considered a report on the potential sites. From this engagement twelve car parking spaces are recommended for the trial.

 

Additionally, two landholders, with three sites, have indicated a willingness to take part in the 12 month pilot by allowing a number of their car parking spaces to be used by the selected car sharing operator.

 

Once the location of the car share bays has been endorsed, Council staff will move forward with the process and invite the car sharing operators to formally apply to lease the spaces.  Once applications close, the details will be reported back to Council for a car share operator to be selected.

 

 

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 endorse the following parking bay locations for the car share pilot:

 

a)      Mullumbimby: four (4) spaces in the Station Street car park; and

 

b)      Byron Bay: four (4) in Lawson Street, two (2) in Marvell Street east (subject to further consultation with nearby neighbours) and one (1) each in Browning and Shirley Streets.

 

 

Attachments:

 

1        Car Share Policy, E2018/76862

2        Car Share Implementation Procedure, E2018/77388

3        Car Share Bay Location Feedback as of Sept 18 2018, E2018/76870

4        Car Share Bay Locations - Recommendations 18 Oct, E2018/77384

5        Confidential - Car Share EOI – Responses pdf, E2018/68767  

6        Car Share Potential Bay Locations - LTC, E2018/68877

 

 

 

 

 


 

Report

 

Background

At the Ordinary Meeting of 22 February 2018, Council Resolved (18-115):

1.    Endorse the principles of the report to develop a pilot project for car share;

2.    Request staff to exhibit the draft Policy and the suggested DCP 2014 amendments together for a period of 28 days;

3.    Note that, if no submissions are received, the amendments are to be adopted as at the date of the close of exhibition and notified accordingly;

4.    Support progression of an expression of interest from car share companies for a pilot project in Byron and Mullumbimby, and that a further workshop and report to Council to occur following the EOI process.

 

Car Share Policy and Procedure

The draft Car Share Policy was exhibited until Monday, 17 September. During the exhibition the car sharing concept was introduced during recent community engagement activities relating to the Byron Bay Town Centre. There was overwhelming support among attendees at two community workshops, and from students at workshops undertaken at Byron Bay High School for the establishment of a car share pilot scheme.

 

No submissions of objection were received and therefore, in accordance with the resolution above, the Policy is now adopted, Attachment 1. One submission of support was received that read “I wish to register my support for the proposed Car Share scheme in Byron Bay”.

 

An internal Procedure (Attachment 2) has been developed to guide the delivery of the car share trial.

 

Expression of Interest – Car Share Operators (CSOs)

A presentation on the outcomes of the EOI was provided to the 9 August 2018 Strategic Planning Workshop.

 

Five CSOs responded to the EOI, refer to confidential Attachment 5:

·        GoGet

·        PopCar

·        Green Share Car

·        Flexi Car

·        Car Next Door

 

All five CSOs expressed interest, to varying degrees, in potentially operating in Byron Shire.  Green Share Car was only interested in a Strata Fleet Model, rather than the traditional scheme.  The remaining four could all potentially be suitable for operation in Byron Shire.

 

Expression of Interest – Commercial Landowners

The purpose of this expression of interest was to learn from local commercial landowners of any potential interest they may have in allowing bays for car sharing within their development.  By utilising commercial landowners to be involved in the pilot, a further reach and potentially more tactical and strategic placement of car share bays could be achieved.

 

Council would not be involved in the agreements of these bays; the landowner would lease their space directly to the CSO.  Council would be available to introduce and support the relationship between the landowners and the CSO.

 

So far, two landholders, with three development sites (Koho Mullumbimby (future development), Koho Sunrise, and Habitat Sunrise), have identified willingness for one or more car share bays within their car parks.

 

Car Share Bay Locations

A number of potentially suitable car parking spaces were initially identified by Council staff to become exclusive car share bays.  The locations were selected based on research regarding existing car sharing schemes around Australia. 

 

Residents near the identified potential car share bays were contacted and a fact sheet and letter was sent out to residents in the immediate vicinity of a parking space that was identified as potentially suitable. 

 

Staff subsequently discussed the proposal with 12 residents, receiving feedback on the location of the bays.  All 12 respondents saw the pilot to be a positive contribution for the Shire, although most recommended minor changes to the locations suggested.  Refer to Table 1 below which shows a summary of the residents’ feedback, see Attachment 3 for further detail.

 

The preferred locations, as well as additional alternatives, were reported to the Local Traffic Committee (LTC) at the 18 September 2018 meeting, seeking support for at least 10 bays (see Attachment 6).

 

The LTC Recommended:

That Council support the following locations for car share spaces: four (4) spaces in Station St, four (4) in Lawson St and one (1) space each in Massinger, Browning, Marvell and Shirley Streets, generally located where shown in red in the report.

 

 

Table 1: Summary of consultation with residents near proposed car share bays

Location

Summary

Shirley Street 

Neighbour 1

Intersection too congested.  Further east on Shirley Street would be better.

Neighbour 2

Great idea and location

Neighbour 3

Intersection too congested

Neighbour 4

Intersection too congested

Marvell Street 

Neighbour 1

Commercial area of Marvell Street would be better.  This is residential area.

Massinger Street 

Neighbour 1

Intersection too busy, closer to beach or rec grounds better

Neighbour 2

Detrimental here: more illegal parking, more parking/congestion in short street

Neighbour 3

Location is fine.

Neighbour 4

Area is too busy, driveways often blocked as cars double park

Browning Street 

 Neighbour 1

People already park over driveway, will impact home occupation.

Lawson Street South 

Neighbour 1

Not in South car park.  North car park would be better. Two bays here would be detrimental to business.

Neighbour 1

Okay, but no more than 2.  North would be better.

 

Based on this feedback, and the recommendations of the LTC, there are 12 car share bays recommended for endorsement , refer to Table 2 and Attachment 4 for mapping.

 

Table 2: Location of car share bays recommended for endorsement

Location

Number

Comments/ Justification

Lawson Street South Car Park, in the North-Western corner of the car park

Four (4)

 

 

·   Supported by LTC.

·   Neighbour feedback split, some concerns over the impact on business

·   This location is easily accessible on foot to both town centre and Butler Street Reserve.  The South carpark provides more direct and safer access to Butler Street Reserve and the Skennars Shoot area where people may be travelling to/ from. 

Marvell Street (east)*

 

* this site has been identified as a result of the consultation process and will require further consultation with the surrounding neighbours of this location

Two (2)

·    Not sent to LTC, however LTC supported one bay in Massinger Street and one bay in Marvell Street (west).

·    It is recommended that these be combined

·    Feedback from neighbours highlighted the location originally identified in Massinger Street (i.e. near the Top Shop) is a very busy and congested area.

·    Provides pedestrian access to the cars from the surrounding residents/ tourism accommodation.

·    Provides pedestrian access to the town centre through the recreation grounds.

Browning Street

One (1)

·    Supported by LTC

·    Information to neighbours included plans for two cars here, the amendment to only include one should ease the concerns heard from one resident

·    Provides pedestrian access to surrounding residents

·    Provides pedestrian access to the town centre

Shirley Street

One (1)

·    Supported by LTC

·    Information to neighbours included plans for two cars here close to the corner of Kendall Street, the amendment to only include one car share bay, and for it to be located further from the corner should ease the safety concerns heard by the residents

·    Provides pedestrian access to residents/ tourism accommodation in Belongil, and surrounding areas

·    Provides pedestrian access to town centre.

Mullumbimby Car Park – Station Street

Four (4)

·    Supported by LTC

·    Provides pedestrian access to surrounding residents

·    Provides pedestrian access to the town centre

 

Where to From Here

Once the location of the car share bays has been endorsed, Council staff will move forward with the process and invite the car sharing operators to formally apply to lease the spaces.  Once applications close, the details will be reported back to Council for a car share operator to be selected.

 

In the future, if Council determines it suitable, a similar application process could be used to designate additional car share bays to the same or additional car share operators.

 

Definitions

The traditional scheme of car sharing is where a private CSO owns and manages the fleet of cars and leases public car parking spaces from Council and/or private spaces from a land owner.  This is the model being pursued for the pilot project in Byron Bay.

 

Other car share models include:

·     “Strata-fleet”, where share cars are situated within and designated to specific developments, such as a university.  The use of those car shares are specifically for the tenants of the ascribed development and not for the public.  This gives the operator a security on the use of the vehicles as the developer will have to provide a guarantee and financially security; and

·     “Peer to peer”, where cars are ‘leased’ from one community member directly to another.  As this model does not need Council approval or support it is, most likely, already occurring informally and likely to occur on a larger and more organised scale without need for any Council action.  The major peer to peer online platform, carnextdoor.com.au has already advised of their intention to begin marketing to Byron residents by the end of the year.

 

Financial Implications

The allocation of car parking spaces to become car sharing bays will result in some loss of revenue from the paid parking scheme.  Not all car share spaces would be within paid parking areas.  It is estimated that the designation of car share bays will result in a loss of 2 to 4 spaces from paid parking.

 

The fees and charges accrued from the CSO have been set to make up some of this revenue.  As outlined in the Procedure, the fees and charges have been set after consideration of:

·        Current business rates for car parking permit;

·        Community benefit;

·        Loss of paid parking revenue; and

·        Value of car spaces

 

The recently adopted 2018/19 fees and charges provide for:

·        An administration fee of $440 per application; and

·        A permit fee of $110 per car share vehicle/bay

 

The $110 permit fee is equivalent to the cost of a permit for a worker/volunteer whose fixed place of employment or volunteer work is within the Pay Parking area but are not eligible for the Resident/Ratepayer Permit exemption.

 

Statutory and Policy Compliance Implications

 

Nil.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.13

 

 

Report No. 13.13         PLANNING - Development Application 10.2018.342.1 Secondary dwelling at 5 Luan Court Byron Bay

Directorate:                 Sustainable Environment and Economy

Report Author:           Heidi Hutchinson, Planner

File No:                        I2018/1687

Theme:                         Sustainable Environment and Economy

                                      Development and Certification

 

 

Proposal:

Proposal description:

Secondary Dwelling

Property description:

LOT: 56 DP: 863772

5 Luan Court BYRON BAY

Parcel No/s:

211740

Applicant:

Mr K Gillespie

Owner:

Gillespie Bricks and Mortar Pty Ltd

Zoning:

2A – Residential Zone (deferred matter)

Date received:

10 July 2018

Integrated Development:

No

Public notification or exhibition:

-    Level 1 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications

-    Exhibition period: 20/7/18 to 2/8/18

-    Submissions received: 6

Planning Review Committee:

9 August 2018

Other approvals (S68/138):

Not applicable

Delegation to determination:

Council meeting

Issues:

·    Tree removal – Moreton Bay Fig

·    Floor area

 

Summary:

 

The proposed development originally sought a consent for a  secondary dwelling with a floor area in excess of the permitted 60m2 and removal of two trees, one being a Moreton Bay Fig tree within the road reserve of Luan Court.  This raised a number of objections during the exhibition period and the plans were amended with the fig tree no longer being proposed for removal.

 

In this regard the tree is an attractive element of the streetscape and it retention provides for visual screening of both the new dwelling and existing residence on the property. The design of the dwelling was also amended and the floor area brought into compliance with the 60m2 maximum.  The secondary dwelling comprises a ground floor living, dining, bathroom and laundry with an upper level mezzanine bedroom. The building is to be clad in fibro cement sheeting with a colorbond roof.  

 

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

 

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:

Pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application no. 10.2018.342.1 for secondary dwelling, be granted consent subject to the conditions of approval attached with this report.

 

 

Attachments:

 

1        Final Plans for Approval DA342/2018, E2018/78830

2        Conditions of consent  DA342.2018.pdf, E2018/78831

3        submission received, E2018/79803

 

 


Assessment:

1.1.          History/Background

 

The site was approved for a dwelling on 5th March 1998 under DA6.1998.2043.1. Alterations and additions to the dwelling were approved 24th February 2006 under DA10.2006.21. Use of unauthorised dwelling alterations was approved 10th November 2009 under DA10.2009.506.1.

 

A secondary dwelling and tree removal was approved on the site on the 9th January 2013 under DA10.2013.10.1 that included removal of the existing garage and construction of a 2 storey building including garage at the ground level and secondary dwelling above. Council records do not show that this approval was ever acted upon.

 

A secondary dwelling under DA10.2017.755.1 was refused on the 6th June 2018 due to the requested variation to the 6.5m setback (down to 4.5m). The current application complies with councils setback requirements.

 

1.2.          Description of the proposed development

 

This application seeks approval for a two (2) storey secondary dwelling on land currently zoned as 2(a) Residential zone under the Byron Local Environmental Plan 1988. The proposed secondary dwelling meets the requirements of the State Environmental Planning Policy (Affordable Rental Housing) (ARHSEPP) 2009.

 

The secondary dwelling is proposed to be constructed from rendered RFC sheeting with colorbond roofing to match the existing dwelling. The secondary dwelling will consist of:

 

Ground floor:

·        Combined Kitchen/living and meals room;

·        Combined bathroom and laundry

 

First floor:

·        One (1) bedroom

 

The secondary dwelling would have a total height of 7.06m and a total GFA of 59.6m2.

 

The applicant originally sought a secondary dwelling and tree removal however discussion with the applicant has determined no tree removal is proposed within this application. It is recommended that a condition of consent be included for an arborists report to be carried out and root barriers to be provided for tree protection for the fig (see proposed conditions 5, 6 & 8).

 

The areas of the site mapped as High Environmental Value are to the south of the site whilst the areas mapped as Koala Habitat are to the north east as shown below:

Ongoing discussion with the applicant regarding the bulk and scale of the design have occurred including amendments to the gross floor area of the proposed secondary dwelling to ensure it meets the 60 m2 requirements for secondary dwellings.

 

1.3.          Description of the site

 

Land is legally described as

LOT: 56 DP: 863772

Property address is

5 Luan Court BYRON BAY

Land is zoned:

2A – Residential Zone

Land area is:

831.1 m2

Property is constrained by:

 

Bushfire prone land Acid Sulfate Soils, High Environmental Value  Vegetation 

 

Figure 1: Looking south east towards existing dwelling

Figure 2: Looking south towards back yard

Figure 3: Looking south towards entrance to principal dwelling

Figure 4: Looking north from the site to existing vegetation

 

The subject allotment is described as Lot 56 DP 863772 and is located at No. 5 Luan Court, Byron Bay. The allotment is located on land zoned 2(a) Residential Zone and has an area of approximately 831.1m2. Adjoining the subject allotment to the east, south and west are similar residential allotments. To the north the subject allotment fronts Luan Court.

 

The site is generally flat. The allotment contains an existing single storey dwelling house and an attached carport.

 

There are no easements located on the subject allotment.

1.         SUMMARY OF REFERRALS

 

Referral

Issue

S64 / Systems Planning Officer

No objections subject to conditions. Refer to Doc #A2018/22366

S94 / Contributions Officer

No objections. No contributions. Refer to Doc #A2018/22368

Essential Energy

No objections subject to conditions. Refer to Doc #E2018/76190

* Conditions provided in the above referral are included in the Recommendation of this Report below

 

2.         SECTION 4.14 – BUSH FIRE PRONE LAND

 

Under section 4.14 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 on bush fire prone land.

 

Appropriate conditions of consent are recommended in relation to construction standards and the like to address the bushfire hazard.

 

 

3.         SECTION 4.15C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

 

Having regard to the matters for consideration detailed in Section 4.15(1) of the Environmental Planning & Assessment Act 1979 (EP&A Act), the following is a summary of the evaluation of the issues.

 

3.1       State Environmental Planning Instruments

 

 

Satisfactory

Unsatisfactory

State Environmental Planning Policy (Coastal Management) 2018

Consideration: The site is located wholly within the Coastal wetlands buffer area.

·    No public access to the coastal foreshore will be impeded or diminished as part of the proposal

·    No effluent is proposed to be disposed other than to Council’s sewerage system.

·    Stormwater is to be discharged to the existing discharge point and will not be directly into the coastal environment.

 

State Environmental Planning Policy No 44—Koala Habitat Protection

Consideration: The site is identified as Primary Koala Habitat however the SEPP 44 does not apply to the proposed development as the site does not contain an area of more than 1 ha.

 

State Environmental Planning Policy No 55—Remediation of Land

Consideration: The property is considered suitable for residential development.

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

Consideration: A BASIX certificate has been supplied with the application. Amended plans have been provided showing the requirements of the BASIX.

 

State Environmental Planning Policy (Affordable Rental Housing) 2009

Consideration:

Clause 5

Interpretation – references to equivalent land use zones

 

(1)  A reference in this Policy to a land use zone that is equivalent to a named land use zone is a reference to a land use zone under an environmental planning instrument that is not made as provided by section 3.20 (2) of the Act:

a)   that the Director-General has determined under clause 1.6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 is a land use zone in which equivalent land uses are permitted to those permitted in that named land use zone, or

b)   if no such determination has been made in respect of the particular zone, is a land use zone in which (in the opinion of the relevant authority) equivalent land uses are permitted to those permitted in that named land use zone.

 

The site is located within a deferred matter area currently zoned 2(a) Residential Zone. The objectives of the zone are in keeping with the objectives of the R2 Low Density Residential zone within the standard instrument.

 

Clause 19

secondary dwelling means a self-contained dwelling that:

a)   is established in conjunction with another dwelling (the principal dwelling), and

b)   is on the same lot of land (not being an individual lot in a strata plan or community title scheme) as the principal dwelling, and

c)   is located within, or is attached to, or is separate from, the principal dwelling.

 

The proposed development meets the criteria for definition “secondary dwelling”.

 

Clause 20

Secondary Dwellings are permissible in the following zones provided a dwelling house is permissible on the land:

·    Zone R1 General Residential,

·    Zone R2 Low Density Residential,

·    Zone R3 Medium Density Residential,

·    Zone R4 High Density Residential,

·    Zone R5 Large Lot Residential.

 

The site is located in a Deferred Matter area as discussed above, however, the 2a Residential Zone is an equivalent zone and therefore Clause 20 may apply to the proposal.

 

Clause 22

Development may be carried out with consent

(3) Development is permissible provided:

a)   The total floor area of the principal dwelling and the secondary dwelling is no more than the maximum floor area allowed for a dwelling house on the land under another environmental planning instrument; and

b)   The total floor area of the secondary dwelling is no more than 60m2 or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.

 

(4) Development must not be refused on the following grounds:

a)   Site area if:

i.    the secondary dwelling is located within, or is attached to, the principal dwelling, or

ii.    the site area is at least 450 square metres,

b)   Parking if no additional parking is to be provided on the site.

 

The current zoning of the site does not provide requirements for floor space ratio The proposed secondary dwelling has a gross floor area of 59.6m2. The proposed secondary dwelling is detached from the principal dwelling and the site has an area of 831.1m2. No additional parking is provided for the secondary dwelling. Two (2) spaces are existing for the principal dwelling.

 

4.2B  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 4.15(1) of the EP&A Act 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

15| 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

 

In accordance with LEP 1988 clauses 5, 8 and 9:

(a)     The proposed development is not defined in the LEP 1988 Dictionary, however is reverted to the ARHSEPP 2009 where it is defined as “Secondary Dwelling”;

(b)     The land is within the LEP1988 2(a) Residential Zone according to the map under LEP 1988;

(c)     The proposed development is prohibited in the zone but is permissible under the ARHSEPP 2009; and

(d)     The proposed development is consistent with the relevant objectives of the Zone for the following reasons:

 

Zone Objective

Consideration

to make provision for certain suitable lands, both in existing urban areas and new release areas, to be used for the purposes of housing and associated neighbourhood facilities of high amenity and accessibility

The development will provide additional housing in a residential zone.

to encourage a range of housing types in appropriate locations

The development will provide a range of housing options in the locality.

to enable development for purposes other than residential purposes only if it is compatible with the character of the living area and has a domestic scale and character,

Not applicable.

to control by means of a development control plan the location, form, character and density of permissible development

The siting of the development is such that it meets the requirements of the Development Control Plan with only minor variation.

 

Clause 63 - Acid Sulfate Soils

The development is proposed on the portion of the site mapped as potentially supporting Class 5 Acid Sulfate Soils. The proposed Works are within 500 metres of adjacent mapped Class 2 Acid Sulfate Soils. However, it is not expected that works below 5 metres AHD will occur that are likely to lower the watertable below 1 metre AHD on the adjacent Class 2 land. The proposal is considered acceptable in this instance and an ASS Management Plan is not required.

    

4.3       Any proposed Instrument that has been the subject of public consultation and has been notified to the consent authority

 

No draft EPI’s affect the 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 4.15(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 D Chapters

D1

 

As there are no specific requirements for secondary dwellings in the Byron Shire Development Control Plan 2010, assessment against the requirements of Part D1.4. The proposal is considered acceptable having regard to those controls relating to open space, access and parking and siting design and character. 

 

4.4B  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 4.15(1) of the EP& A Act 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| C| F| H| N

Chapters:

17| 21

 

These checked Chapters/Parts have been taken into consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP&A Act. The proposed development complies with all sections of these Chapters/Parts (in some cases subject to conditions and/or to the satisfaction of other assessing officers), except in relation to certain prescriptive measures which are considered further (having regard to the DCP 2010 Section A4 “How does this DCP work?” alternative assessment procedure) as follows:

 

What Section and prescriptive measure does the development not meet?

Does the proposed development meet the Element Objectives of this Section? Address.

Does the proposed development meet the Performance Criteria of this Section? Address.

C2.5 Element - Building Height Plane.

The proposed secondary dwelling encroaches the building height plane on the north western elevation by 600mm being the eaves only.

 

The proposed secondary dwelling encroaches the building height plane on the eaves only. Therefore, is not considered to impact on solar access and privacy noting that there would be no change to privacy on adjoining properties, and on views from adjacent existing buildings.

The occupants of existing and proposed buildings will enjoy the optimum use of winter sunlight and summer shade currently afforded to them.

The proposed secondary dwelling is set back progressively from the site boundary as height increases so that it does not adversely affect existing or future development on adjoining properties by way of overshadowing, impinging on privacy or obstructing views. Further, the second storey bedroom window is sited to mitigate potential overlooking and privacy impacts. Only the eaves encroach on the building height plane.

The proposed secondary dwelling will provide no change to windows of living areas (decks, living rooms, bedrooms, kitchens, etc.) of development on adjoining properties will, as a minimum, retain full solar access between the hours of 9.00am to 3.00pm on any day.

C3.1 Element - Visual Impact

 

The development proposes a two (2) storey secondary dwelling while the principle dwelling is single storey.

The DCP states:

There must be a reasonable degree of integration with the existing built and natural

environment, balanced with the need to provide variety in streetscapes

 

The element objective is to maximise the aesthetic character of the built environment, consistent with the subtropical character of Byron Shire. The surrounding streetscape boasts a mix of single and two (2) storey dwelling houses surrounded by trees. The proposed secondary dwelling does not contravene this objective.

 

 

The proposed secondary dwelling meets the height requirements, is proposed to be of similar colours to the principal dwelling and provides a variety in the streetscape that is softened into the streetscape by the large amount of vegetation provided in the front setback.

 

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 & Assessment Regulation 2000 Considerations

 

The proposal raises no issues under the relevant clauses in the Regulations.

 

4.7       Any coastal zone management plan?

 

 

Satisfactory

Unsatisfactory

Not applicable

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

The proposal does not involve the removal of vegetation and 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. Conditions of consent to control hours of work, construction noise, builders waste and the like during the construction of the dwelling.

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.

 

Are there any Council Policies that are applicable to the proposed development?

 

Council Policy

Consideration

Building over pipelines and other underground structures Policy

A condition is recommended to ensure Councils infrastructure is protected

 

4.9       The suitability of the site for the development

 

The site is a serviced, unconstrained property and is suitable for the proposed development.

 

4.10     Submissions made in accordance with this Act or the regulations

 

The development application was publicly exhibited .

 

There were 6 submissions made against the development application:

 

Objection

Planners comment

Tree Removal

The applicant no longer seeks tree removal with this application. Conditions are recommended for protection of the Fig tree (conditions 5, 6 & 8) No further assessment is required regarding this objection.

Streetscape

The development meets the requirements for height, Floor Space Ratio and setbacks. The applicant has provided advice that five (5) dwellings within Luan Court provide two (2) storeys. The planner has attended the site twice with the final site inspection identifying that there are 13 dwellings within Luan Court, three (3) of which are not seen from the streetscape. Of the 10 visible dwellings from the streetscape it appears that Luan Court provides five (5) dwellings that are two (2) storeys. As this is half of the visible development on the street, the inclusion of a secondary dwelling of two (2) storeys is not considered out of character. Further, the site provides adequate screening. The request for a two (2) storey development is to provide affordable housing complying with the relevant Environmental Planning Instruments. In terms of visual amenity and impacts on the streetscape, the secondary dwelling will be screened in part by the fig tree to be retained in the Street.

 

Floor Space Ratio

Amended plans have been provided by the applicant that has reduced the floor space to meet the requirements of a maximum 60m2. The proposal now complies with the Floor Space Ratio.

Assessment as dual occupancy

The Byron Local Environmental Plan 1988 does not include secondary dwellings. However, assessment of the secondary dwelling is provided under the State Environmental Planning Policy (Affordable Rental Housing) (ARHSEPP) 2009. The development meets the requirements of this part. See Division 2 of the ARHSEPP.

Car Parking

Although the Byron Shire Development Control Plan (BDCP) 2010 does not have specific controls in relation to Secondary dwellings, the Byron Shire Development Control Plan 2014 does advise that no car parking is required for secondary dwellings. Further, the ARHSEPP states that an application cannot be rejected due to no additional parking for the secondary dwelling (see clause 22 of ARHSEPP). The principal dwelling provides two (2) spaces. The development complies.

Environmental Impacts

The site is located within an area mapped as potentially supporting primary koala habitat. The zoning of the site is residential and the existing area contains low density housing. The proposal no longer requests removal of vegetation and it is considered the proposal will not have an adverse impact on the environment.  

Setback of proposed secondary dwelling

Proposal complies with Councils setback requirements

Negative economic impact

The proposed secondary dwelling meets the requirements of the ARHSEPP and is within a residential zone. Residential development is an expected type of development within this zone and it is unlikely to have an adverse economic impact

Use of the secondary dwelling for tourist purposes

The owner has provided a signed letter advising that the development will not be used for tourist purposes. A condition is recommended (see Condition 25).

 

4.11     Public interest

 

The proposed development is unlikely to prejudice or compromise the public interest or create a dangerous precedent.

 

5.         DEVELOPER CONTRIBUTIONS

 

The proposed Secondary Dwelling does not generate the need for water and sewer Headworks charges or S94 Contributions.

 

6.         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

 

 

 

 

7.         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                                 13.14

 

 

Report No. 13.14         PLANNING - Railway Park Draft Plan of Management - Submissions Report

Directorate:                 Sustainable Environment and Economy

Report Author:           Rob Van Iersel, Major Projects Planner

File No:                        I2018/1701

Theme:                         Sustainable Environment and Economy

                                      Planning Policy and Natural Environment

 

 

 

Summary:

 

Council resolved in November 2017 to prepare a Plan of Management for Railway Park in Byron Bay (17-575).  In June 2018, Council resolved to publically exhibit the draft Plan of Management, and arrange an independently chaired Public Hearing prior to reporting back to Council (18-423).

 

This report provides information on submissions received during the public exhibition and provides the conclusions and recommendations from the Public Hearing.  The report of the independent Chair of that Hearing is attached (Attachment 1).

 

Based on the assessment of submissions, and the conclusions of the independent report into the Public Hearing, it is recommended that Council adopt the Plan of Management, with two minor additions, being:

·    the inclusion of information outlining the heritage status of the land and the adjacent railway corridor and the protections provided for those heritage values in current local and state legislation; and

·    acknowledgement of the importance of the existing memorial pole, and provisions to ensure that it is retained and protected within the Park upgrades.

 

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 adopt the Plan of Management for Railway Park, contained at Attachment 2 (#E2018/78998), categorising the site as General Community Use, noting the amendments to the Plan following public engagement associated with acknowledging the heritage value of the land and the adjoining railway corridor and the retention of the memorial pole.

 

 

Attachments:

 

1        Report on Public Hearing - Railway Park, E2018/78993

2        Plan of Management - Railway Park, Byron Bay - Post Exhibition Version, E2018/78998

 

 


 

Report

 

Council considered a report on Railway Park at the meeting of 23 November 2017. 

 

The report noted that Railway Park was included within the ‘Generic Plan of Management – Parks’, adopted by Council in 1996, but that it was not included in the updated version of that Plan, adopted in the early 2000’s.

 

In accordance with the Council resolution at that meeting (15-757), a preliminary draft Plan of Management was prepared for Railway Park, consistent with the requirements of the Local Government Act 1993.

 

Railway Park is classified as Community Land for the purposes of the Local Government Act 1993. Part 2 of that Act deals with the use and management of Community Land, requiring Council to adopt a Plan of Management for Community Land that, amongst other things, identified the category of the land.

 

The Act further specifies that land must be categorised as one or more of the following:

(a)   a natural area;

(b)   a sportsground

(c)   a park;

(d)   an area of cultural significance; or

(e)   general community use.

 

In relation to Railway Park, the relevant choices are park or general community use.

 

The draft Plan of Management (dPOM) proposes to categorise the land as General Community Use

 

Pursuant to Section 36I of the LGA, the core objectives for land categorised as general community use are:

to promote, encourage and provide for the use of the land, and to provide facilities on the land, to meet the current and future needs of the local community and of the wider public:

(a)     in relation to public recreation and the physical, cultural, social and intellectual welfare or development of individual members of the public, and

(b)     in relation to purposes for which a lease, licence or other estate may be granted in respect of the land (other than the provision of public utilities and works associated with or ancillary to public utilities).

 

The dPOM outlines how Council proposes to achieve these core objectives in relation to Railway Park.

 

The dPOM acknowledges and authorises existing leases, licences, and agreements, particularly in relation to the Artisans Market.  It also provides that a lease/licence can be negotiated for the continued occupation and use of the rotunda, either in its current location or in an alternate mutually agreed location within the park, subject to demonstration of the structural adequacy of the facility.

 

A status update was provided to Councillors in June 2018, noting the preliminary consultation undertaken with representatives of the Byron Environment Centre regarding the rotunda.

 

At the Council meeting of 26 June 2018, Council resolved (18-243):

1.    That a Strategic Planning Workshop be arranged to allow staff to brief Councillors on the recommended Plan of Management and the process for its adoption.

2.    That, unless otherwise agreed at that Strategic Planning Workshop, staff arrange for the public exhibition of the draft Plan of Management, in accordance with the requirements of the Local Government Act 1993; including arrangements for an independently chaired Public Hearing at the completion of the exhibition period.

3.    That a post-exhibition report be brought to Council, including conclusions and recommendations from the Public Hearing, to allow the adoption of a Plan of Management for Railway Park by the end of the calendar year.

 

The SPW required by this resolution was undertaken in June 2018, and Councillors supported the public exhibition of the dPOM.

 

Exhibition Process:

The dPOM was publically exhibited from 19 July to 17 August 2018, with the closing date for submissions being 31 August 2018.  A Public Hearing was also held at the Council Chambers on 21 August 2018.

 

Kate Singleton, Director and Town Planner from Planners North was engaged to act as the independent Chair for that meeting.

 

Submissions:

Seven written submissions were received in response to the public exhibition of the dPOM.  The issues raised in these submissions are addressed below:

 

Proposed Categorisation

Issues Raised in Submissions:

Categorisation of General Community Use not supported.  Railway Park should be categorised as Park – to be retained as ‘green space’ in centre of town.

General Community Use will allow a higher density of permanent commercial use and the construction of buildings and more concrete;

Various land uses are permissible under the Park’s RE1 zoning, and the General Community Use would allow them to be pursued.

The new draft plan does not provide clear reasons for a change in land categorisation from 'park’ to ‘general community use’.

Commercial leases should not be allowed.  Any leases should be for non-profit groups only.

Strongly object to commercial use of the park.

The area containing the Memorial Pole should be categorised as Area of Cultural Significance.

Byron is currently facing that vexed question of whether to allow commercial pressures to overwhelm any sense of community and local traditions, or fight to keep the town's heritage ambience, of which a grassed and heavily treed Railway Park, together with its quirky Byron Environment Centre is an essential component, or sink beneath a sea of monocultural tourism.

 

Comment:

The core objectives for the park and general community use categories are set out in the Act and are:

 

 

 

 

Park:

(a)   to encourage, promote and facilitate recreational, cultural, social and educational pastimes and activities, and

(b)   to provide for passive recreational activities or pastimes and for the casual playing of games, and

(c)   to improve the land in such a way as to promote and facilitate its use to achieve the other core objectives for its management.

 

General Community Use:

to promote, encourage and provide for the use of the land, and to provide facilities on the land, to meet the current and future needs of the local community and of the wider public:

(a)   in relation to public recreation and the physical, cultural, social and intellectual welfare or development of individual members of the public, and

(b)   in relation to purposes for which a lease, licence or other estate may be granted in respect of the land (other than the provision of public utilities and works associated with or ancillary to public utilities).

 

The key difference between the two categories is the emphasis in the core objectives of park on passive recreation.  This is reinforced in the Local Government (General) Regulation 2005, which, at clause 104, provides the following guidelines for categorisation of land as park:

Land should be categorised as a park under section 36 (4) of the Act if the land is, or is proposed to be, improved by landscaping, gardens or the provision of non-sporting equipment and facilities, for use mainly for passive or active recreational, social, educational and cultural pursuits that do not unduly intrude on the peaceful enjoyment of the land by others. (my emphasis added).

 

This guideline provides a restriction on the types of uses and activities that could be authorised within a Plan of Management that categorises land as park.

 

Conversely, clause 106 sets out guidelines for categorisation of land as general community use:

Land should be categorised as general community use under section 36 (4) of the Act if the land:

(a)   may be made available for use for any purpose for which community land may be used, whether by the public at large or by specific sections of the public, and

(b)   is not required to be categorised as a natural area under section 36A, 36B or 36C of the Act and does not satisfy the guidelines under clauses 102–105 for categorisation as a natural area, a sportsground, a park or an area of cultural significance.

 

This guideline is more flexible in the types of use that could be authorised on such land.

 

The submissions referred to above react to this flexibility with concern and a level of mistrust, suggesting that the categorisation itself opens the door to significant commercial development of Railway Park.

 

The dPOM, as exhibited, provides for a level of flexibility in how the core objectives of general community use might be achieved, although it clearly stipulates that use of the land for community of commercial purposes must deliver enhanced social, environmental, economic & civic leadership outcomes.

 

The dPOM further describes that the means of achieving the aims and performance targets relate to:

·    maintaining the existing licence for Artisans markets; and

·    providing for the use of the rotunda, in an appropriate location, through a lease/ licence with a preferred Community Group, to be determined through an expression of interest process.

 

In addition, the draft Plan specifically references Council’s adopted Railway Square Landscape Concept for the upgrade and improvement of the space.

 

It is important to note that there are no other uses or activities currently proposed by Council for Railway Park.  Through the Byron Bay Town Centre Masterplan, Council has recognised the value of the park as the central meeting place and green space for the town.  The work outlined in the Landscape Concept has been prepared to enhance those qualities and there are no plans, proposals or ideas to erect any buildings, commercial or otherwise, in the Park.

 

Based on the core objectives and guidelines outlined above, the key issue is that activities such as the Artisans Market, and activities that might be associated with a community group occupying and using the rotunda for community purposes are more than ‘passive recreation’ and could be seen to unduly intrude on the peaceful enjoyment of the land by others.

 

Accordingly, the categorisation of park would not recognise the important values and existing uses of the space as a central meeting place for community activities.

 

One submission suggests that the memorial pole within the park should be categorised as an Area of Cultural Significance. 

 

The pole was erected in memory of a local Arakwal man and is certainly a very important item celebrating recent history of the Arakwal people in Byron Bay.  The importance of the pole is recognised in the upgrade concepts, which specifically retain it as a feature.  The interface between the central plaza and outer grassed area has, in part, been designed with the pole in mind, so that it remains a strong feature of the park.

 

It is appropriate that the cultural importance of the pole be recognised in the Plan of Management.  It is recommended that the dPOM, as exhibited, be amended to recognise the Memorial Pole as an existing structure in the park (in section 3.2) and specifically provide for its ongoing protection, maintenance and celebration, by including specific strategies and performance targets to this effect in Section 4 of the Plan.

 

Further protection by way of a specific category of Area of Cultural Significance is not considered to be warranted, particularly as the pole occupies a very small space within the park.

 

The Rotunda

Issues Raised in Submissions:

The rotunda should be noted as an existing park structure in the PoM.

A licence/ lease or other instrument or arrangement for the Byron Environment Centre to occupy the rotunda should be noted in the PoM.

 

Comment:

The rotunda is noted in section 3.2 of the dPOM as an existing structure within the park, noting that it is used by Byron Environment Centre (BEC) for community information, education and as a community access point for various environmental programs, activities and protests.

 

In relation to its future use, the draft Plan specifies:

Undertake an Expression of Interest process for the use of the rotunda by community groups.

Negotiate licence/ lease arrangement with the preferred Community Group (Byron Environment Centre or similar) for continued occupation and use of the rotunda, including:

·     establishing the structural adequacy of the existing facility;

·     working with the preferred Community Group to determine an appropriate location within the Park;

·     coordinating relocation (if required) and structural improvements (if required) to ensure the rotunda remains useable for the future.

 

Council has previously resolved that future use of the rotunda be determined by way of an Expression of Interest process.  Accordingly, it is not appropriate for the Plan of Management to specify exclusive use of the structure by one particular community organisation.

 

At the meeting of 23 August 2018, Council resolved (18-540):

Seek approval from Crown Lands to relocate the Rotunda to Apex Park until agreement is reached as to the ownership, location and management of the facility until the redevelopment work of Railway Park is completed

 

Given that the resolution does not rule out the possibility of the rotunda returning to Railway Park, it is appropriate at this time to retain the provisions referred to above within the Plan.

 

Miscellaneous

Issue:

The areas of private land under Rail Track Corp management should be included in the PoM with regard to the Local Government Act requirements for a Council PoM over private lands.

 

Comment:

It is assumed that this refers to the adjoining rail corridor land and associated car park area, both of which are owned by Transport for NSW. 

 

The provisions of the Local Government Act 1993 requiring the preparation of a Plan of Management relate to public land, which is land ‘vested in or under the control of the council’.  Council has a license over the land, providing exclusive possession, but this is not the same as ‘under the control of’.  The rail corridor land is therefore not public land, and the Local Government Act does not provide for Council developing a Plan of Management for land that is not public.

 

Issue:

That proposals for the Landscape Concept's concrete areas of the park, and proposal for the concrete park extension over present adjacent car parking/Station building forecourt, be reviewed to consider all proposed concrete areas, apart from paths, be developed with a grass surface instead of concrete.

 

Comment:

The Landscape Concept Plan was adopted by Council at its meeting of 14 December 2017.  Detailed design of the project is continuing. 

 

The dPoM facilitates the implementation of the adopted Concept Plan, but it is not an appropriate mechanism for Council to consider modifications to the landscape concepts.

 

Issue:

The Artisans market licence is invalid, and fresh expressions of interest should be called, should a licence for a park market be supported to be placed in the PoM.

 

 

 

 

Comment:

The suggestion is that the licence for the Market is not consistent with a Plan of Management.  In regard to this, Council has previously provided written advice to the effect that:

The 'Byron Shire Council Plan of Management - Parks and Gardens' covers Railway Park. lt permits leases and licences which comply with the Local Government Act 1993 (NSW). lf the PoM is changed in future, then new leases or licences issued after the change would have to comply with the provision of the PoM that applies at that time.

 

Issue:

A request that Council receive a report from Council’s park maintenance staff on the capacity to maintain a park grass surface with a weekly market.

And that if ground staff identify that a grass surface cannot be maintained, then requests Council consider moving the market to a hard surface (either the Jonson St roadway in front of the park, as per New Years Eve market, or to the top end of Jonson St, as per previous Council consideration of blocking off this section of Jonson St for a regular temporary plaza for a market and street performance space).

 

Comment:

This issue is not directly relevant to the dPoM.  An existing license is in place for the Artisans Market and the draft Plan provides for the continuation of that arrangement.  If the Plan of Management is adopted, an updated license arrangement will be considered.

 

Issue:

That the proposed loss of vegetated grass cover, and the embedded emissions in the production of proposed concrete areas, be assessed, publicly identified, and the actual impact on emissions considered and eliminated by retention of grass cover, and the adoption of grass cover for the construction of proposed park extension.

 

Comment:

The Landscape Concept Plan referred to in the dPoM has been adopted by Council and detailed design of the project is continuing. 

 

Issue:

That Council identifies required maintenance of proposed redevelopment prior to construction, and identifies the increased maintenance budget required, for consideration of capacity of adopted park maintenance budgets to fulfil required maintenance.

 

Comment:

The Landscape Concept Plan referred to in the dPoM has been adopted by Council and detailed design of the project is continuing. 

 

Issue:

The plan should identify that Railway Park is situated within a NSW State heritage listed precinct which includes the railway station, railway buildings and surrounding area.

 

Comment:

Railway Park is located adjacent to, but not within, the State heritage-listed precinct, which is shown in the figure below.  It is, however, mapped within the Byron LEP 2104 as being within a local Heritage Conservation Area.

 

It is relevant to update the dPoM to reflect these heritage values, noting the heritage status of the Park and the adjacent corridor.  It does not need to specify any actions in this regard, as existing legislation provides adequate levels protection for the heritage values, and there is nothing in the Plan that would ‘overwrite’ those provisions.

 

Issue:

A Plan of Management for community land under the LGA should be community driven. Why has the draft plan been prepared without community input? It is not sufficient to say that the draft will be placed on public exhibition with submissions invited. The community should be part of its construction irrespective of what was provided for in the over arching Masterplan.

 

Comment:

The dPoM has been prepared because Railway Park was previously omitted from Council’s generic Plan of Management.

 

Issue:

The Draft Plan is too generic. If Council considers that the park is important enough to warrant an individual plan at least give it the attention it deserves. Otherwise just list it in the generic plan which covers all of the other parks within the Shire.

 

Comment:

See above.

 

Issue:

I believe the best location for the toilets to be on the railway land adjacent to the railway station.

This location puts it in accessible location close to railway hotel, on the edge of park for street traffic... near the proposed pop up water spouts within the paved area.

 

Comment:

The Landscape Concept Plan, including proposals for the location of toilet facilities, has been adopted by Council and detailed design of the project is continuing. 

 

Issue:

It would seem important to consider the impact of the railway corridor and make provisions to link railway park with this area by way of a path. Rather than take up valuable open space (RE1) with a boardwalk.....perhaps the old railway platform could be utilized to link up with the SP2 area (along side railway tracks and linking up with the car park and solar train railway station )

 

Comment:

The boardwalk referred to is shown in the Landscape Concept Plans and is located outside of Railway Park, within the rail corridor land owned by Transport for NSW.  It therefore does not impact on RE1 land.

 

 

 

Public hearing

 

The Plan of Management proposes to change the category applied to the land, therefore, a formal Public Hearing was required pursuant to clause 40A of the Local Government Act 1993.

 

The Hearing was held on 21 August 2018.  The hearing was presided over by an independent chair, Ms Kate Singleton of Planners North.  A number of people provided verbal submissions to the hearing, as summarised in the report of the Hearing (Attachment 1).

 

As required by the Act, a report on the hearing, prepared by the independent chair, was provided to Council on 24 September, and published on Council’s website within 4 days of receipt.  Those who made verbal submissions were notified on receipt of the report by email when it was published.

 

The report contains the chair’s consideration of all submission, and concludes by recommending that Council proceed with the dPOM, as exhibited, to categorise Railway Park as General Community Use.

 

Financial Implications

 

Finalisation of the Plan of Management will not incur costs in addition to staff time.  Adoption of the Plan will provide the mechanism through which Council can negotiate leases or licences, within the requirements of the Act, for future uses authorised by the Plan.

 

Statutory and Policy Compliance Implications

 

Adoption of the Plan of Management provides the guidance for the future use and management of Railway Park, in accordance with the requirements of the Local Government Act 1993.

 

Nothing in this plan alters or modifies the provisions of the Byron LEP 2014 regarding the site’s zoning or the permissible land uses associated with that zone.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.15

 

 

Report No. 13.15         PLANNING - Exceptions to Development Standards - 1 July 2018 to 30 September 2018

Directorate:                 Sustainable Environment and Economy

Report Author:           Noreen Scott, EA Sustainable Environment and Economy

Chris Larkin, Manager Sustainable Development

File No:                        I2018/1764

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

This report is provided as a requirement of the NSW Department of Planning Circular PS17-006, for reporting on exceptions to development standards for applications made under clause 4.6 of the Standard Instrument LEP and clause 6 of SEPP 1.

 

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 on exceptions to development standards for the period 1 July to 30 September 2018.

 

 

 


 

Report

 

This report is provided as a requirement of the NSW Department of Planning Circular PS17-006, for reporting on exceptions to development standards for applications made under clause 4.6 of the Standard Instrument LEP and clause 6 of SEPP 1.

 

SEPP 1 applies to development applications submitted under Byron Local Environmental Plan 1988. Clause 4.6 applies to development applications submitted under Byron LEP 2014.

 

The period of reporting is for the 1 July 2018 to 30 September 2018 for the following DA’s:

 

DA No

10.2018.25.1

Development

Subdivision: Two (2) lots into three (3) lots

Property:

31 Blackwood Crescent Bangalow

Lot and DP:

Lot 1 DP 1233509

Zoning:

Part R2 Low Density Residential/Part R3 Medium Density Residential/Part DM Deferred Matter – 1(a) (General Rural) Zone

Development Standard being varied

Clause 11 - Subdivision in rural areas for agriculture

(40 Ha min lot size)

Justification

Development consent granted for three lot subdivision at Bangalow with two residential lots of 801 m2 each in the R2 Low Density Residential Zones and a larger residual lot of 4.376 ha partly zoned R3 Medium Density and 1(a) General Rural Zone under Byron LEP 1988. The residual lot containing the area zoned 1(a) General Rural is not affected by the subdivision to create the two residential lots and remains the same in shape and area of approximately 1.16 ha. A variation to the 40 Ha development standard was supported in this instance with the Department of Planning granting concurrence to the SEPP 1 Objection to vary the minimum lot size.    

Extend of variation

97% (Approx.)

Concurrence

Council

Determination Date

21/06/2018

 

DA No.

10.2017.628.1

Development

60 x 1 & 2 bedroom apartments, plus subdivision to create 1 additional community lot

Property:

29 Parkes Avenue Byron Bay

Lot and DP:

Lot 1 & 7 DP 271119

Zoning:

B4 Mixed Use

Development Standard being varied:

BLEP 2014 Cl.4.3 9.0m building height limit

Justification

The units are proposed within four (4) buildings, each of which contains a "monitor roof" along part of the ridge of the main roof line.  The monitor roof feature provides for natural ventilation and light to the mezzanine bedrooms of the upper floor.  The roof form and building scale responds to the character of built form in the locality.  The buildings will not overshadow or overlook any other development, as the land immediately to the west is retained for environmental purposes.

Extent of variation

Between 5% & 10%

Concurrence

Assumed concurrence

Determined Date

24/06/2018 (approved by JRPP)

 

DA No.

10.2017.160.1

Development

Residential flat building

Property:

21 Fawcett Street Brunswick Heads

Lot and DP:

Lot 1 DP 309925

Zoning:

R2 Low Density Residential

Development Standard being varied:

Clause 4.4 Floor space ratio

Justification

Proposed variation consistent with objectives of standard and zone.

Extent of variation

6%

Concurrence

Assumed concurrence

Determined Date

13/07/2018

 

Financial Implications

 

Not applicable.

 

Statutory and Policy Compliance Implications

 

The report is provided as a requirement of NSW Department of Planning circular PS 17-006. This circular can be viewed at http://www.planning.nsw.gov.au/~/media/Files/DPE/Circulars/planning-circular-variations-to-development-standards-2017-12-19.ashx

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.16

 

 

Report No. 13.16         Report of the Planning Review Committee Meeting held on 13 September 2018

Directorate:                 Sustainable Environment and Economy

Report Author:           Chris Larkin, Manager Sustainable Development

Noreen Scott, EA Sustainable Environment and Economy

File No:                        I2018/1775

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

This report provides the outcome of the Planning Review Committee meeting held on 13 September 2018.

 

 

 

  

RECOMMENDATION:

That Council note the report of the Planning Review Committee meeting held on 13 September 2018.

 

 

 


 

Report:

 

The meeting commenced at 4:15pm and concluded at 4:45pm.

 

Present: Crs Martin, Hackett, Cameron, Hunter

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

10.2018.88.1

Mr DR Cope

8 Robinson Street

BANGALOW

New Dwelling to create Duall Occupancy (Detached)

Level 1

 

22/3/18 to 4/4/18

To be determined under Delegated Authority

10.2018.138.1

Ardill Payne & Parnters

19 Hollingworth Lane

MULLUMBIMBY

Dwelling house and shed

Level 1

 

26/4/18 to 9/5/18

To be determined under delegated Authority

 

  


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                               13.17

 

 

Staff Reports - Infrastructure Services

 

Report No. 13.17         South Golden Beach Flood Pump Update

Directorate:                 Infrastructure Services

Report Author:           James Flockton, Drain and Flood Engineer

File No:                        I2018/963

Theme:                         Community Infrastructure

                                      Emergency Services and Floods

 

 

Summary:

 

Council has previously considered issues at the South Golden Beach Flood Pump and are aware of the pump failure which occurred during the March 2017 flood event.

 

This report provides a detailed investigation and peer review of the flood pump design and includes recommended ways forward.

 

  

 

RECOMMENDATION:

1.       That in relation to the South Golden Beach Flood Pump, Council endorse the report           and proceed to implement the following report actions:

 

a)      That the existing station inlet screen be extended to the full width of the existing channel headwall (approx. 4 metres wide) to minimise intake velocities and reduce the risk of the screen blinding.

 

b)      That a programed maintenance regime be implemented for the inlet area and upstream drains.

 

c)      That option 6 (within attachment 1, #E2018/77441) be implemented as a short term solution as soon as practical, before the coming rainy season, if feasible.

 

d)      That option 8 (within attachment 1, #E2018/77441) be implemented to further support option 6 as a short term solution.

 

e)      That option 1 (within attachment 1, #E2018/77441) is used as a long term solution when the pump becomes aged and is in need of replacement.

 

2.       That funding for items 2, 4 and 5 from the report be considered at the next Financial Quarterly Review.

 

 

Attachments:

 

1        South Golden Beach Flood Pump Investigation Report V5 - Jacobs - FINAL for reporting to Council, E2018/77441

 

 

 


Report

 

Council has previously considered issues at the South Golden Beach (SGB) Flood Pump and are aware of the pump failure which occurred during the March 2017 flood event. 

 

This report further updates Council on the failure and offers a proposed way forward to minimise these risk in the future.

 

Pump Operations March 2017

 

A review of the SCADA operating data for the flood pump operations during March 2017 was carried out after the event. This data shows the following occurred.

 

At 11am Wednesday, 29 March, water levels began to rise in SGB and the main flood pump automatically ran for a short period and stopped automatically. This automatic on/off continued until 12pm.

 

Between 12:00pm – 2:45pm nothing operated and the well level remained OK.

 

Between 2:45pm – 3:45pm a mixture of sump and main pump operation occurred on auto.

 

Between 3.45pm on 29 March – 10.30am on Thursday 30 March the well levels remained OK and no pumping occurred.

 

Between 10:30am – 1:30pm a mixture of sump and main pump operation occurred on auto as the rain started to build.

 

Between 1:30pm – 10:00pm the sump pump appeared to handle all inflows on auto. Well levels can be seen to be acceptable during sump pump operations, despite the continued rain.

 

At 10:00pm the main pump runs for short time and then the sump pump takes over again until 11:00pm when the main pump runs for a longer period on auto.

 

Around midnight the pump operated for a longer period, this appears to be the manual intervention by Council staff via the telemetry system. The pump runs continuously for 2 hours. After 2 hours the pump stops. The pump stopped because it tripped out on thermal overload. The thermal overload occurred because the pump had been switched from auto to manual and this doesn’t allow the pump to turn off automatically when well levels lower, the pump then cavitates, overheats and trips.  The main pump stopped operating between 2:00am and 6:00am. However, the sump pump continued to run, but couldn’t reduce well levels as it’s not big enough. Well levels were high throughout this time.

 

Operational staff advised that the community were pressuring them to run the pump on manual because it wasn’t running constantly and staff had previously done this in other floods. Staff eventually agreed to change the pump to manual via the telemetry system. It is understood that previous manual runs had occurred when staff were on site. This is the first time the pump has been run on manual during a flood using the telemetry system.

 

At 6:00am on Friday, 31 March, the pump trip was reset and the pump ran for 8-9 hours almost constantly, with a few short stops. It is unknown if this was on manual or auto, but it is likely to have been auto as the area was flooded and the pump had plenty of water being supplied to it. Management made the decision not to send staff out in the dark to reset the pump trip due to safety concerns, therefore, the trip was reset once it was safe to access the pump.

 

At 10:00pm on 31 March the well level drops to a level where the main pump is no longer required and the sump pump can handle the flows. This continues running on and off until the majority of the water is gone.

 

The data shown in the image below shows the pump operations from 8.00am 30 March to 1 April via Councils SCADA system. The red line is the sump pump running. The black line is the well water level. The blue line is the main pump running.

 

 

At all times the well levels seem to correspond with pumping operations, suggesting that the systems are reporting correctly.

 

Following the event community members advised that the pump was not running when Council’s telemetry shows it as running. Therefore the site was attended at 2:35pm on Tuesday, 4 April, to test the system. A call was made to operational staff at the works depot. Staff turned the pump on remotely via telemetry, it came on and switched off remotely. This run can be seen in the image below. This suggests the pumps telemetry systems and data reporting is working correctly and that the data which provided the above information is sound.

 

The following image is another report from Councils SCADA system. The red line shows the sump pump cycling on and off. The black line is the water level. The blue line is the main pump operating when the telemetry was tested at 2:35pm on Tuesday, 4 April.

 

The picture below is the pump inlet, taken 3 days after the flood. Clearly showing that blockage is an issue with the current inlet set-up, despite it being constructed as per the design from the consultant designing the system.

 

IMG_1801

 

Previous investigations

 

Following construction of the flood pump in 2007 a number of years have been spent completing all the drainage works that the 2005 design report recommended in order to feed the pump with sufficient water flow. This included culvert upgrades and minor drain widening.

 

During the above years, the flood pump had operational problems. Mainly being too powerful and pumping the well dry too quickly. Various discussions were held with the designer and in late 2009 Council the flood pump designer provided two possible solutions:-

 

1.       A variable speed drive for the main pump; and

2.       A larger sump pump.

 

Option 2 was a cheaper solution and was proceeded with.  This change made an improvement to the pump operations and no further changes were made. It is also noted that due to the pump design option 1 only had the ability to lower pumping volumes from 1100 L/s second to 750 L/s. This was not considered enough to make a significant improvement to the pumps operations.

 

The above modifications helped, but never fully resolved the problems. The pump continued to be used as best as possible once the alterations had been made.

 

The design consultant then further investigated what was built vs what was designed and confirmed it had been built and set up to design. The response letter recommended a 5 minute delay to pump restarts to resolve thermal overload issues when set to auto operation. It also approved removal of a weir in pump well.

 

Circa 2010 additional trash grates were installed by staff without the designers involvement, in an attempt to reduce trash blocking the pump inlet and impacting inlet flows. These achieved their function but didn’t improve pump run times.

 

This work was completed and made further improvements to the pump operations.

 

In 2013 Council constructed a box culvert at the inlet to the pump station to resolve community concerns around water ponding at the inlet. This installation resolved these community concerns, but did not make any difference to the pump operation. The box culvert was designed and constructed as per the original pump designs.

 

These are the last works that Council completed on the flood pump. Between 2013 and 2017 the pump received occasional use in minor flood events and worked with some degree of success, but it did not receive a real test until 2017 when the pump failed on thermal overload at the most critical time during the March 2017 flood event.

 

Original Flood Pump Concept Design 2003

 

The report for the original Flood Pump Concept Design proposed the construction of a 1,000L/s inside batter, vertically mounted, submersible axial flow pump station and stated:-

 

1.       In a 100 year flood event four properties will receive above floor flooding.  These properties have floor levels ranging between 1.99 and 2.24m AHD, the 5th highest floor is 2.31m AHD, therefore, it can be deduced that in a 100 year event water levels should not go beyond 2.3m AHD with the flood pump installed.

 

2.       In a 10 year event two properties will receive above floor flooding.  These properties have floors levels ranging between 1.99 and 2.05m AHD, the 3rd highest floor is 2.22m AHD, therefore, it can deduced that in a 10 year event water levels will not go beyond 2.22m AHD.

 

3.       A 3,000L/s pump is required to prevent all houses from flooding in a 100 year event.  A pump of this size would not satisfy the constraints of cost, available space, noise and visual amenity.  Therefore a 1,000L/sec pump station was recommended and installed.

 

Current investigations

 

Following this more recent failure staff discussed options to improve the flood pump operation and agreed the best option would be to obtain a 3rd party peer review of the pump design instead of continuing discussions with the original pump design consultant. The peer review was contracted to Brisbane consultants Jacobs and the report is provided at attachment 1.

 

The key finding of this report is that the pump is operating at 20% over the design capacity and the inlet structure cannot keep up with the pumps water demand unless water levels are around RL2.20m. The following is text directly from the report.

 

 

Hydraulic analysis of the pumping station inlet drainage system was conducted for a number of cases, including the 1000L/sec design basis and the 1220L/sec actual flow to verify the assumed hydraulic constraints mentioned previously.

 

The analyses found that the change in head over the internal weir section at pump stop level is up to approximately 0.44m and the loss in the remaining upstream structures is approximately 0.76m. At a total system loss of 1.2m, the upstream channel water level would need to be RL 2.0m at the pump stop condition to achieve the pumped flow rate, i.e. once below RL 2.0m water is unable to enter the pumping station at the pumping flow rate.

 

At the pump start condition the upstream channel water level required to achieve the pumped flow rate would be approximately RL 2.26m; this being an unacceptable upstream flood level. The existing pumping station inlet hydraulic structures are incapable of delivering water to the pump at the required rate whilst the inlet channel is at the existing pump start level.

 

A number of issues have been found to contribute to the existing situation of the pump starting and stopping rapidly:

 

1.   The pump is running beyond the design basis flow rate (up to approximately 1220L/sec)

 

2.   The pump start and stop levels are only 700mm apart

 

3.   There is no volume of still water available at the pump suction

 

4.   Total intake system losses are approximately 1.2m at 1220L/sec

 

5.   Upsurge from water flowing into the pumping station structure after pump stop is very likely to reach the pump start level; however, this is currently mitigated by a 5-minute pump start delay

 

6.   The pumping station level transmitter is located in a high velocity, turbulent, vertical drop section with potential air entrainment. It is currently unknown if the transmitter is housed in a stilling tube, but inaccurate pump starts and stops are likely

 

7.   Anecdotal evidence that the inlet screen blocks rapidly with debris during large storm events

 

A total of ten alteration options were considered by Jacobs as part of their review.  The cost range of these alterations is $146,000 to $1,219,000 excl GST.  Options 1, 2, 3 and 6 were considered for further investigation. See section 6.0 of Attachment 1 for more details.

 

Option 1 and 6 were then considered to be the best options for Council to move forward and provide an improved solution to the local community.

 

Option 1 essentially involves total reconstruction of the pump station well and installation of 3 staged pumps, plus an auxiliary pump.  This design has built in redundancy should one pump fail and allows for pumping at numerous different rainfall event sizes.  Therefore the community would likely see it constantly operating during heavy rain events.  However, option 1 has the highest capital cost of $1,219,000 excl GST making it a long term option for Council.

 

Option 6 involves limiting the existing pumps maximum flow to 1,000L/sec via an outlet restrictor and adds a variable speed drive that allows the pump to be ramped down to 700L/sec for smaller events.  Option 6 doesn’t have the built in redundancy or the lower flow pumping rates of option 1, however, it comes at a much lower capital cost of $146,000 and continues to make use of the existing infrastructure.  Alteration to the inlet screen should also occur as part of option 6 to help reduce the blockage risks, as recommended by Jacobs - making option 6 at good short term option for Council.

 

Recommendation

 

The report states;

 

Regardless of the final solution implemented, there will always be a risk of blockage or restriction of the pumping station inlet due to large solids, and a maintenance regime is recommended to ensure the main channel leading to the pumping station is reasonably clear of debris.

 

Power failure is also an inherent risk of all pump stations without a back up generator; however this risk was known when Council committed to building the pump station originally.

 

Additionally option 8 within the report at attachment 1 involves a remote reset function to the flood pump. If this function was available in March 2017 the pump failure is unlikely to have occurred because it could have been reset remotely, therefore, it is recommended this option be implemented and used with caution as per the report.

 

The following is recommended:

 

1.   Extend the existing station inlet screen to the full width of the existing channel headwall

(approx. 4 metres wide) to minimise intake velocities and reduce the risk of the screen blinding.

 

2.   Implement a programed maintenance regime for the inlet area.

 

3.   Implement option 6 as a short term solution as soon as practical, before the coming rainy season, if feasible.

 

4.   Implement option 8 to further support option 6.

 

5.   Option 1 is used as a long term solution when the pump becomes aged and is in need of replacement.

 

Financial Implications

 

The proposed works are currently unfunded. Council may either fund these works immediately or in the future.

 

Immediate funding would be through resolution or the quarterly budget review process and see completion of the work in the current financial year. This option would require other works to not go ahead in the current financial year.

 

Future funding would be through the standard budget process and with a plan to complete the works next financial year.

 

Budget estimates in the report are stated to be +/- 30% accuracy.  Taking this into account, plus the addition of option 8 and the inlet screen works, a budget of $200,000 is recommended for this work to proceed.

 

Statutory and Policy Compliance Implications

 

Provision of stormwater infrastructure is a legitimate function of local government under the Local Government Act 1993.  To the extent that the provision of stormwater infrastructure protects public roads, other infrastructure, Council land, Crown land, private land and the community.  Council is also responsible for drainage under the Roads Act 1993.

 

Resolving as recommended demonstrates that Council is carrying out stormwater works to the extent that Council resources, capacities and competing priorities permit.

 

  


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                               13.18

 

 

Report No. 13.18         Hinterland Way and Brunswick Valley Way/Tweed Valley Way Maintenance Funding

Directorate:                 Infrastructure Services

Report Author:           Joshua Provis, Road and Bridge Engineer  

File No:                        I2018/1603

Theme:                         Infrastructure Services

                                      Asset Management Planning

 

 

Summary:

 

The purpose of this report is to access funds which were handed over to Byron Shire Council by the RMS for the maintenance of Hinterland Way, between the Bangalow Interchange and the Byron / Ballina shire boundary, and the former Pacific Highway, between Brunswick and Yelgun (Brunswick Valley Way/Tweed Valley Way). 

 

These sections of road were handed over to Council by the RMS following completion of the new Pacific Motorway.

 

 

  

 

RECOMMENDATION:

1.       That $140,000 be allocated from the Old Pacific Highway Maintenance Reserve for asphalt heavy patching repairs and line marking to Hinterland Way.

 

2.       That $45,400 be allocated from the Old Pacific Highway Maintenance Reserve for asphalt heavy patching repairs and line marking to Brunswick Valley Way/Tweed Valley Way.

 

 

Attachments:

 

1        Signed Byron Handover letter (Ballina Bypass) - Skinners Creek to Bangalow Interchange 11444RG 09112016 (A15059313) PDF, E2018/81384

 

 


 

Report

 

After the opening of the new Pacific Motorway in 2016, a bypassed section of the Old Pacific Highway from Skinners Creek to the Bangalow Interchange, known as Hinterland Way, was handed over to Council by the RMS.  This section of road is approximately 3.5km long.

 

The RMS worked with Council to formalise handover arrangements and agreed on funding based on Council’s maintenance diary.  Council received a lump sum payment of $530,576 from the RMS for the ongoing maintenance actions.

 

Similarly for a bypassed section of the Old Pacific Highway from Brunswick to Yelgun, known as Brunswick Valley Way/Tweed Valley Way, maintenance funding was provided with the handover of the asset.  These funds are in the same account, the total available being $45,400.

 

Recent inspections of these two roads have found significant defects in the surface requiring repairs.

 

Financial Implications

 

The existing balance of the Old Pacific Highway Maintenance Reserve is $575,937 as at 30 June 2018.  None of these funds have been allocated in the 2018/2019 Budget at this point but should Council approve the recommendation to this report, this will provide the required funds to undertake the surface repairs.

 

After these funds are drawn the remaining balance of the Old Pacific Highway Maintenance Reserve will be $390,537.

 

Statutory and Policy Compliance Implications

 

Regulation 211 of the Local Government (General) Regulation 2005 states that a Council or a person purporting to act on behalf of a Council must not incur a liability for the expenditure of money unless the Council has voted the money necessary to meet the expenditure.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                               13.19

 

 

Report No. 13.19         Tyagarah Clothes Optional Declaration - Results of the enhanced stakeholder safety initiatives of Res 17-499 and Res 17715.

Directorate:                 Infrastructure Services

Report Author:           Michael Matthews, Manager Open Space and Resource Recovery

Andrew Erskine, Open Space Technical Services Officer

Darren McAllister, Acting Open Space and Facilities Coordinator

Ralph James, Legal Counsel

File No:                        I2018/1707

Theme:                         Infrastructure Services

                                      Open Space and Recreation

 

 

Summary:

 

This report is the result of actions prescribed by Council in resolutions 17-715 and 17-499 and discusses analysis of submissions from the Towards Safe Beaches Stakeholder group, NSW Police, and written submissions from the community.

 

 

  

 

RECOMMENDATIONS:

1.       That Council revoke its “Clothes Optional Declaration” within the Tyagarah Reserve.

 

2.       That staff remove all signage that relates to the trialled clothes optional area.

 

3.       That staff further meet with the NSW Police, NPWS, and other stakeholders to discuss and implement additional measures that target reduction of lewd and offensive crime from this area.

 

4.       That staff pursue the enabling of short-term licences specifically for clothing optional recreational events.

 

5.       That Council also acknowledge and thank the efforts and commitment made from the Towards Safe Beaches in Byron stakeholder representatives in efforts to achieve safer beaches.

 

 

Attachments:

 

1        Res 17-715 Clothes Optional Signage at Tyagarah Beach Council December 2017, E2018/74266

2        Res 18-165 Clothes Optional Signage at Tyagarah Beach Council March 2018, E2018/74268

3        Confidential - Safe Beaches Stakeholder Group Minutes January 2018 - August 2018, E2018/78940  

4        Confidential - Tyagarah Clothes Option Beach - 51 Submissions  - Report to Council 18 October 2018, E2018/80189  

5        Confidential - Safe Beaches Group summary of options for Byron Shire Council, E2018/80694  

6        NSW Police Submission Tyagarah Clothes Option Beach, E2018/80693

 

 

Report

 

The Safe Beaches Stakeholder group commenced discussions 9 August 2016 with the primary focus on achieving safe beaches. 

 

A range of initiatives have been implemented in efforts to target lewd and offensive behaviour along and adjacent to the Council declared Clothes Optional area of Tyagarah Beach. 

 

This declaration was made by Council 27 October 1998.

 

 

The Safe Beaches Stakeholder group has included and invited the following organisational representatives:

 

·        NSW Police

·        Council staff and Elected Councillors

·        National Parks and Wildlife Staff

·        Representatives from the Naturist Community

·        Representative from The Gay Community

·        Representatives and Staff from the North Byron Beach Resort and Elements of Byron

·        A licenced commercial operator operating within the area

·        Tyagarah Residents and

·        Invited Guests

 

Some key points of discussions from initial meetings included;

 

1.       Perceived under-reporting to authorities of lewd sexual behaviour incidents within and adjacent to the declared clothes optional area

2.       Potential culture within the community not to report such behaviours in fear of losing the clothes optional area

3.       Public confusion as to the defined area and a significant amount of misinformation as to the exact location of the clothes optional area (e.g. various websites containing conflicting, misleading and incorrect information)

4.       The necessity of regulatory signage in enabling the empowerment of the Police to enforce the law primarily due to the historical notion that nudity is okay anywhere from Belongil to Tyagarah beach

5.       The importance of reporting of inappropriate activities to enable the NSW Police to respond, gain an understanding of the extent of issues and to allocate the necessary resources and implement intelligence led policing strategies in the interest of public safety

 

Subsequent meetings identified the following perceived contributors to lewd sexual behaviour incidents at this location:

 

·        The vast presence of inappropriate lewd social media sites promoting lewd sexual behaviour to this area

·        The remote location of this area and its proximity to South East Queensland, noting that there are no legal clothes optional beaches in Queensland

·        The absence of controlled use of the land (as apposed to a privately operated clothes optional facility)

·        Remoteness and public nature of the area lending itself to poor passive surveillance

 

The following lists the key initiatives from enhanced stakeholder safety initiatives and Council and National Parks and Wildlife actions:

 

·        Additional Police presence as a result of increased information from the community and committee resulting in a number of police actions.  Actions in response to lewd and offensive behaviours ranging from move on directions to prosecutions

·        Resolution 17-499 that redefined the clothes optional area 200m south of Grays Lane carpark for a distance of 800m

·        Installation of regulatory signage at the Grays Lane carpark and at the start and finish of the current designated clothes optional area

·        Installation of regulatory and advisory signage at Tea Tree Lakes and Grays Lane carpark

·        Installation of additional advisory signage at Elements of Byron resort providing additional clarity of the area to bathers and beach users

·        Gathering of data by the Police and members of the committee assisting in defining the problem

 


 

The following are advisory and regulatory signs that Council installed:

 

 

 

 

 

 

 

The following additional safety initiatives have been debated and supported within the stakeholder group:

·        Consideration of personal protective devices such as the use of whistles

·        Use of a code of conduct amongst the legitimate users on the Clothes Optional Area

 

In addition to above, the stakeholder group has debated consideration of alternative locations.  These alternative locations have been rejected by the majority of stakeholder representatives on the basis of either:

·        Lack of necessary supporting infrastructure and resources needed to support its safe use

·        Actual or perceived existing use conflicts

 

The perception across the group is that the enhanced stakeholder safety initiatives implemented to date have reduced the frequency of lewd sexual behaviour and criminal offences. 

 

At the Safe Beaches Stakeholder Group Meeting held Friday 31 August 2018, it was agreed that the NSW Police will provide two (2) years of data.

 

Police Data Sexual Assault & Street Offences 2016 to 2018 (12 September).

 

The below tables provided by the NSW Police provides as a comparison, lewd / offensive detected crime rates for the area from Ti Tree lakes to Belongil areas and First Sun through to Wategos Beach.

 

Tyagarah - Sexual Assault & Street Offences 2016 to 2018 (12 September)

Location

Incident Category

Incident Further Classification

2016

2017

2018
- 12/09

Total

Ti Tree Lake

Sexual Offence - Sexual Assault

Adult Victim (16+ Years Old)

0

1

0

Ti Tree Lake

Sexual Offence - Indecent Assault

Adult Victim (16+ Years Old)

0

1

0

Ti Tree Lake

Sexual Offence - Other

Act Of Indecency

0

2

0

Ti Tree Lake

Street Offence

Offensive Behaviour

1

12

11

Ti Tree Lake

Street Offence

Wilful And Obscene Exposure

1

2

1

Tyagarah Beach

Sexual Offence - Sexual Assault

Adult Victim (16+ Years Old)

0

1

0

Tyagarah Beach

Sexual Offence - Other

Act Of Indecency

0

0

1

Tyagarah Beach

Street Offence

Offensive Behaviour

0

13

28

Tyagarah Beach

Street Offence

Wilful And Obscene Exposure

0

4

2

Tyagarah Nature Reserve

Street Offence

Offensive Behaviour

6

6

4

Total

8

42

47

97

Staff estimates these categorised areas to transverse approximately 1,800m linearly.

 

 

 

Byron Bay Beaches* - Sexual Assault & Street Offences 2016 to 2018 (25 September)

*Excluding Tyagarah & Belongil beaches

Location

Incident Category

Incident Further Classification

2016

2017

2018
- 25/09

Total

Main Beach

Sexual Offence - Sexual Assault

Adult Victim (16+ Years Old)

0

2

0

Clarkes Beach

Sexual Offence - Indecent Assault

Adult Victim (16+ Years Old)

1

0

0

Main Beach

Sexual Offence - Indecent Assault

Adult Victim (16+ Years Old)

1

0

0

The Pass

Sexual Offence - Indecent Assault

Adult Victim (16+ Years Old)

1

0

0

Clarkes Beach

Sexual Offence - Other

Act Of Indecency

0

1

0

Main Beach

Street Offence

Wilful And Obscene Exposure

0

1

0

Main Beach

Street Offence

Offensive Behaviour

6

2

3

Wategos

Street Offence

Offensive Behaviour

1

0

0

Sunrise Beach

Street Offence

Offensive Behaviour

0

0

1

Total

10

6

4

20

Caveat: Data is correct as 12 September 2018. Some incidents and locations may not be captured due to incorrect location or event category.

 

Staff estimates these categorised areas to transverse approximately 3100m linearly.

 

 

Interpretation of data

 

The lower 2016 figures within the Tyagarah table is perceived to be due to under reporting from the community resulting in less Police resource allocation to these areas.

 

One submission received provided life guard service data for a location immediately adjacent to Tyagarah Beach reserve.  Usage data for this area was compared to that of beaches that Council maintain contracted life guard services.   This comparison provides an indication of usage scale between ‘remote’ and ‘non remote’ beaches within the Shire. 

 

Council considers this beach as a ‘remote’ beach in which Council does not provide Life Guard services. 

 

Data received from this private service.

 

Month

Visitation

Unit

December 2017

140

Per average day

January 2018

159

Per average day

 

The below tables provides beach attendance for beaches over the same period for beaches with a Council contracted life guard service.

 

 

 

 

The below graph provides a comparison of attendance over December 2017 and January 2018.

 

 

 

 

Considering the attendance difference between ‘remote’ and non ‘remote’ beaches, this highlights the significance of crime rate differences between Tyagarah and township beaches. 

 

The following variables and or causal factors are perceived by staff as contributing to the higher crime rates for Tyagarah beach and its surrounding areas.

 

·        Relative remoteness of the site

·        Lewd promotion of the area by a vast number of lewd social media sites

·        Lack of the areas ability to provide for passive surveillance

·        The relative remoteness of the location from Police response

·        The attractive nature to individuals predisposed to offending as the only lawful clothes optional beach within the region and within 200km of a capital city

·        Historical perceived under reporting resulting in historical low Police presence

 

Additional Observations:

 

A number of submissions perceive the area to be predominately used by non locals. The below graphs provides sampled vehicle registration observations.  It should be noted the percentage of QLD to that of NSW plates is not dissimilar to random sampling of Byron township foreshore parking.

 

 

 

 

 

 

 

 

Submissions

 

Submissions were provided by Safe Beaches Stakeholder Group on presented options, and by individual and groups/organisations.

 

The below summarises comments for closure and comments against.

 

 

A total of 51 individual written submissions were received. 

 

The below graphs summarises all submissions against options considered by the stakeholder group. 

 

All submissions are included as a confidential attachment to this report due to personal details disclosed within these submissions.

 

 

Controlled versus Uncontrolled Environments

 

Many submissions perceive that the lewd and offensive behaviour is exacerbated due to the remoteness and isolation of the Clothes Optional declared area resulting in activities being largely uncontrolled and difficult to control.

 

Council as a Crown Land Manager has authority to issue short-term licences under s2.20 Crown Land Management Act 2016 for a class of activities listed in clause 31 of the Crown Land Management Regulations 2018 that includes ‘sporting and organised recreational activities’.

 

The authority provided in clause 31 of the Regulations is valid until either a Plan of Management is adopted for the managed Crown Lands or 31 June 2021 whichever comes first.

 

An adopted POM will need to expressly allow for short-term licenses and a type of licence specifically for clothing optional recreational events. Mandatory 28 days public consultation would apply.

 

Financial Implications

 

N/A

 

Statutory and Policy Compliance Implications

 

LOCAL GOVERNMENT ACT

 

633 BATHING (INCLUDING NUDE BATHING) AND OTHER WATER-BASED RECREATIONAL ACTIVITIES

 

(2)     A person who is in public view in the nude in any place (other than a designated beach) referred to in subsection (1) is guilty of an offence unless a notice erected by the council at the place allows the use of the place (or part of the place) for the purposes of nude bathing.

 

A "designated beach" means any of the following beaches, or any part of the following beaches (including the sea adjacent to any such beach):

 

Lady Bay (Lady Jane) Beach Cobblers Beach

Obelisk Beach

Werrong Beach

Samurai Beach

 

In the present context this section permits a person to be nude, without committing an offence, provided that the nudity takes place on a designated beach or one which has a notice erected by the Council allowing the use of the place for the purpose of nude bathing.

 

As Tyagarah is not a designated beach in order to permit nude bathing it must be the subject of a notice erected by Council allowing the use of the beach for the purpose of nude bathing.

 

(3)     A council may erect a notice:

(a)     on land vested in or under the control of a council, or

(b)     on any other land, with the consent of the person who owns or controls the land.

 

(4)     The terms of a notice referred to in this section may relate to one or more of the following:

(a)     the conduct and costume of the bathers in the place,

(b)     the use of the place (or any part of the place open to public view) for the purposes of nude bathing,

(c)     the use of water-based recreational equipment in the place.

 

In order for Council to erect a notice it must be on land vested in or under the control of Council or on other land with the consent of the person who owns or controls the land.

 

SUMMARY OFFENCES ACT

 

4        OFFENSIVE CONDUCT

 

(1)     A person must not conduct himself or herself in an offensive manner in or near, or within view or hearing from, a public place or a school.

 

(2)     A person does not conduct himself or herself in an offensive manner as referred to in subsection

 

(1) merely by using offensive language.

 

(3) It is a sufficient defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had a reasonable excuse for conducting "himself or herself in the manner alleged in the information for the offence.

 

In this context a person who is nude on a designated beach or on one which is the subject of a notice erected by Council would have the benefit of the defence in (3). This would be to the nudity only and would not extend to any other form of offensive conduct committed whilst nude.

 

Part of one of the submissions to Council is in the following terms:

 

Litigation

It’s only a matter of time before a father/husband/son/daughter looks to the creators of the clothing optional beach to be accountable for the rape/attack of their loved one. Any approval will no longer be historical it will be current. It will be yours. The litigation may be from a property owner whose property value diminishes.

 

LGA section 731 provides that a matter or thing done by a council, a councillor, or an employee of the council or any person acting under the direction of the council does not, if the matter or thing was done in good faith for the purpose of executing this or any other Act, and for and on behalf of the council, subject a councillor, an employee or a person so acting personally to any action, liability, claim or demand.

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                               13.20

 

 

Report No. 13.20         Enactment of Council Policy 4.17 for Mafeking Road - Resident Contributions

Directorate:                 Infrastructure Services

Report Author:           Joshua Provis, Road and Bridge Engineer  

File No:                        I2018/1762

Theme:                         Infrastructure Services

                                      Local Roads and Drainage

 

 

Summary:

 

Residents adjacent to the unsealed segment of Mafeking Road are enacting Council Policy 4.17 Contribution to the cost of Sealing of unsealed Roads adjacent to properties at request of owners.

 

The matter has been reported to two previous Council meetings, however, new developments and a request from the residents regarding funding have been presented to Council Staff.

 

This report presents those developments to Council for consideration.

 

 

  

 

RECOMMENDATION:

1.       That the letter received from Mafeking Road residents be noted.

 

2.       That Council agree to fund the shortfall in resident contributions of $23,000.

 

3.       That the provision of the additional $23,000 funding be considered as part of the next Financial Quarterly Review.

 

 

Attachments:

 

1        Letters from residents 4/9/18 re. sealing of Mafeking Road PDF, E2018/81389

 

 


 

Report

 

At the Council meeting, 1 February 2018, a Notice of Motion was considered regarding the construction and sealing of Mafeking Road with Council resolving as follows:

 

Res 18-026

 

Resolved that Council:

1.    Note the submissions and proposals to contribute funds provided by residents regarding the sealing of Mafeking Road.

 

2.    Provide in principle support for the application of Council Policy 4.17 Contribution to the cost of sealing of unsealed roads adjacent to properties at request of owners, for the remaining 1.4 km of Mafeking Road.

 

3.    Receive a report at the 22 February meeting:

 

a)    detailing cost estimates for works involved in sealing 1.4 km of Mafeking Road up to a 5 meter seal with essential only reformation to achieve this width; and

 

b)         identifying funding options.

 

The resolutions from this Council meeting were followed up by Council staff and further information provided at the following Council meeting on 22 February where Council resolved as follows:.

 

Res 18-102

Resolved:

1.    That Council endorse application of policy 4.17 for residents affected by dust pollution on Mafeking Road and Cedar Road.

 

2.    That the works to seal the roads be incorporated into the 2018/19 capital works program with the funding source to be determined as part of the budget process for 2018/2019.

 

3.    That a review of policy 4.17 be undertaken with Councillors in a Strategic Planning Workshop.

 

4.    That affected residents be thanked for their initiative and good faith proposals.

 

Following this resolution the project was added to the 2018/19 works program, which identified a funding source for the Council component.  This was presented to and approved by Council at the June extraordinary Council meeting as part of the budget process.

 

The residents were advised via email the process which would apply in enacting the policy, and the total cost to be contributed by the residents for the seal, which came to $78,275 including GST.

 

This cost is for the full 1.25km segment by 5m width.

 

Residents have since been attempting to raise the money.

 

On Thursday, 13 September 2018, a letter was received from the residents leading the process, Patrick Morrissey and Niseema Tayler (E2018/79544)

 

The letter states that about 70% of the adjacent land owners are willing to contribute to the seal component, and that they have been able to raise $55,664 including GST, which is a shortfall of $22,611 including GST.

 

The letter also discusses that the Byrangery Grass Nature Reserve, which fronts 410m of the unsealed section is owned by NSW Crown Lands and the Crown is not willing to contribute any funds.

 

The Residents presented 2 options to move the project forward as follows:-

 

1.       That Council make the contribution for the shortfall of $22,611 on behalf of the Reserve; or

 

2.       That Council leave the last section unsealed which is approximately 340m.

 

They have also provided a letter (E2018/79544) from the Byrangery Grass Reserve Land Manager which is supportive of sealing the road and suggests Council make the contribution for the shortfall of $22,611 on behalf of the Reserve.

 

Financial Implications

 

If Council chooses to fund the shortfall, the funds would need to be sourced. This means another project in the 2018/19 works program would need to have its budget reduced or additional unallocated funds identified.

 

Statutory and Policy Compliance Implications

 

It should be noted that Council Policy 4.17 was suspended at the Council meeting on 23 August 2018, after the resolution was passed endorsing the enactment of the policy for Cedar Road, Mafeking Road and Settlement Road.

 

Res 18-550

 

Resolved:

 

That Council suspend the application of ‘Policy 4.17 – Contribution to the Cost of Sealing of Unsealed Roads adjacent to properties at request of owners,’ with the exception of the matter of Settlement Road considered and resolved in item 13.23  until a full review of the policy is complete and a new and/or revised policy is adopted by Council.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                               13.21

 

 

Report No. 13.21         Naming unnamed Track off Brunswick Street Billinudgel for addressing purposes

Directorate:                 Infrastructure Services

Report Author:           Deanna Savage, Roads and Property Officer

File No:                        I2018/1724

Theme:                         Infrastructure Services

                                      Local Roads and Drainage

 

 

Summary:

 

That Council endorse the name “O’Donnells Lane” for a private track extending South West off Brunswick Street near the intersection of Wilfred and Brunswick Street (Image 1) and submit the name to the NSW Geographical Names Board for Gazettal.

 

  

 

RECOMMENDATION:

1.       That Council endorse the name “O’Donnells Lane” for a private track extending South West off Brunswick Street near the intersection of Wilfred and Brunswick Street (Image 1) and advertise the name in the Byron Shire Echo and notify Authorities of the name.

 

2.       That O’Donnells Lane be submitted to the NSW Geographical Names Board for Gazettal in accordance with regulation requirements.

 

3.       That new street name signs be erected and funded from the General Fund for Sign Maintenance.

 

 

Attachments:

 

1        Email Trail MMoore and Tracey O'Donnell re road naming track Billinudgel, E2018/78925

2        Advertising with Byron Shire News for the Notification of Road Name Proposal of O'Donnells Lane after Charlie O'Donnell who passed away 1989 16 August 2018 PDF, E2018/81393

 

 


 

Report

 

The owners of Lot 12 DP 612989 contacted Council concerned about numbering and addressing issues (Attachment 1 E2018/78925) and emergency services struggling to identify their properties as they have elderly family members with medical conditions. The proposal is to name the gravel and concrete track as depicted below in orange Image 1 and allocate numbers accordingly. 

 

O’Donnells Lane has been proposed as the name for the road and has been passed through the Geographical names board and has been advertised (Attachment 2 E2018/78921) with no submissions of objection received.

 

Brief History of the O’Donnell family.

 

Charlie O'Donnell (1902 - 1989) was an early pioneer of Billinudgel. He was the butcher and the baker in the village for over 50 years from 1927.  He was the president of the Billinudgel Football Club and the Cricket Club.  These sports are now played on his land known locally as Dung Oval. Charlie and his wife Mary had a big table at the back of their house in Billinudgel where they often fed drifters in search of work during the depression/war years.  Having lost his wife in the 1954 floods, Charlie wrote to the then Mullumbimby Municipal Council several times, offering to donate gravel to raise the road into Billinudgel from the Pacific Highway so that access in and out of the village was not lost during floods.  Byron Shire Council accepted his offer in 1992 after Charlie had passed away and the road was raised.  He was a well liked and respected member of the Billinudgel community.

Image 1

 

Financial Implications

 

The installation of the signs will be undertaken next month and the expenses are to come out of the General Fund for Sign Maintenance.

 

Statutory and Policy Compliance Implications

 

Roads Regulation 2008 – Division 2 Naming of roads

Roads Act 1993 – Sect 162 Naming of public roads

New South Wales Address policy – March 2015

New South Wales Addressing User manual – September 2016

New South Wales Online Road Naming System – Geographical Names Board of New South Wales – June 2015

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                               13.22

 

 

Report No. 13.22         BRRC Masterplan Stage 2 Works - funding allocation

Directorate:                 Infrastructure Services

Report Author:           Lloyd Isaacson, Team Leader Resource Recovery and Quarry

File No:                        I2018/1770

Theme:                         Infrastructure Services

                                      Waste and Recycling Services

 

 

Summary:

 

Due to a revised and expanded project scope an additional budget allocation of $428K is required to complete Byron Resource Recovery Centre (BRRC) Masterplan Stage 2 public drop-off area upgrade works.

 

l

  

 

RECOMMENDATION:

That $428,000 is allocated to the Byron Resource Recovery Centre Masterplan Stage 2 Upgrade Works funded from the following sources:

 

·    $107,600 Secured EPA Grant ;

·    $100,000 s94 Developer Contributions – Community Facilities Shire Wide; and

·     $221,000 Non-domestic Waste Reserve

 

 

Attachments:

 

1        BRRC Masterplan Stage 2 Works_Pavement Plan, E2018/80139

 

 


 

Report

 

The 1st phase of works for Stage 2 of the adopted BRRC Masterplan (Res 18-053) has commenced involving the upgrade of the public drop-off area. 

 

The original budget allocated to this specific Masterplan Stage 2 was $350,000 for the 2017/18 Financial Year, based on a simplified conceptual masterplan design, and prior to the receipt of a grant to assist in funding the project.  Due to the below identified complexities associated with EPA approval and design constraints, commencement of the project has been delayed and initial budget allocation rolled over to the 2018/19 Financial Year:

 

·        EPA approval and additional requirements to repair compromised landfill cap - The landfill cap on which the drop-off area is being constructed has been compromised by historic operations (garden waste management) over the past 10 years.  As such the scope and design has been expanded to include a capping layer as a sublayer to the pavement (see attached design).  This has added a significant amount of project cost associated with design, material, labour and QA/QC requirements, estimated at approximately $200,000.  It is important to point out that this work would have been required regardless of this project to maintain compliance with environmental legislation for the site.

 

·        Engineering requirements due to site constraints – as a flow on from the above and due the proposed development being located on redundant landfill the design consultants have had challenges with the design models for the project to achieve appropriated surface grades for surface water runoff and access ramp grades.  These will require additional earthworks and access pavement requirements resulting in additional estimated costs of $228,000.

 

During the design phase of the project, the scope has had to be expanded to encompass the abovementioned additional requirements enforced by the NSW EPA and also to address engineering constraints associated with constructing pavement on old redundant landfill.  The final specification, designs and projected costings for the revised scope of works have been prepared (the overall layout and pavement design is attached).

 

Financial Implications

 

In order to complete the expanded scope of works, a further $428,000 budget allocation is required and funding is available from the following sources:-

·        $107,600 Secured EPA Grant;

·        $100,000 s94 Developer Contributions – Community Facilities Shire Wide; and

·        $221,000 Non-domestic Waste Reserve (current balance of the Non-domestic Waste Reserve is $4.7 Million)

 

Statutory and Policy Compliance Implications

 

The Myocum landfill and BRRC is heavily regulated by the NSW EPA via 2 Environmental Protection Licenses issued under the Protection of the Environment Operations Act 1997.  All upgrade works and on-going operations are required to be conducted in accordance with this legislation.  The upgrade works associated with Stage 2 Masterplan will increase the efficiency and effectiveness of Council to meet its regulatory requirements.

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                               13.23

 

 

Report No. 13.23         Belongil Catchment Drainage Investigation - Update

Directorate:                 Infrastructure Services

Report Author:           James Flockton, Drain and Flood Engineer

File No:                        I2018/1795

Theme:                         Infrastructure Services

                                      Emergency Services and Flood Management

 

 

Summary:

 

At Council meeting of 20 September 2018, Council resolved to receive a report on current and possible drainage paths for catchments leading to land at Melaleuca Drive and the Bayshore Drive intersection and investigate options for alleviating or removing impacts.

 

This issue has been investigated and further information is provided within the report.

.

  

 

RECOMMENDATION:

1.       That Council note the report and acknowledge that drainage in this area is complicated, flat and inefficient.

 

2.       That the Bayshore Drive roundabout and the drainage maintenance works on Melaleuca Drive are unlikely to be the cause of the drainage issues being experienced by local residents.

 

3.       That Council further investigate drainage easements from Ewingsdale Road to the Union Drain or an alternative lawful point of discharge including consideration of the impacts of the  Ewingsdale Road duplication project by investigating appropriate drainage flow paths and create / negotiate easements as required to ensure lawful long term drainage for Ewingsdale Road.

 

4.       That the Belongil Creek Entrance Opening Strategy considers the issues raised within this report (I2018/1795), to ensure any solutions do not further impact the long term viability of existing habitable low lying land in the Belongil Catchment as suitable and healthy land to live.

 

5.       That staff continue to prepare a "Belongil Catchment Issues Study” with the goal of then preparing a Belongil Catchment Management Plan as per resolution 18-617.

 

6.       That Council recommend the owner of the subject site further investigate potential blockages and flow paths downstream of their residence to improve drainage across their land, within current environmental planning legislation.

 

7.       That Council obtain legal advice with regard to lawful points of discharge and whether a wetland or water must be a reached.

 

 

Attachments:

 

1        Capacity Assessment of the Belongil Creek Drainage System Report No 16722b_ByronSTP_AlternativeFlowPath_BSC_opt, E2017/13761

 

 

Report

 

At Council meeting of 20 September 2018, Council resolved as follows:

 

Resolved 18-617 that, in relation to drainage concerns raised by Belongil residents south of Ewingsdale Road, Council:

a)      undertake an immediate review of current and possible drainage paths for catchments leading to land at Melaleuca Drive and the Bayshore Drive intersection and investigate options for alleviating or removing impacts and report to the October 2018 Council meeting;

 

b)      prepare a "Belongil Catchment Issues Study” with the goal of then preparing a Belongil Catchment Management Plan that addresses, amongst other issues, that of drainage south of Ewingsdale Road and whether fill over large areas will not cause waterlogging downstream;

 

c)      allocate $30,000 to prepare Belongil Catchment Issues Study for presentation to Council in February 2019.

 

This report aims to provide the information requested in item a) above along with recommended actions.

 

Over the last 4 weeks staff have completed various site visits and investigations, including two meetings with local land owners and a site inspection of the Bayshore Drive roundabout. The following are an overview of the findings.

 

The pictures below show recent flooding of the mown areas around the residence of the subject site.  It has been advised that flooding similar to this also occurred in March 2018, yet previously flooding of this nature only occurred when receiving rainfall similar to the June 2005 flood event.

 

 


 

The pictures below show flooding of land on the other side of Melaleuca Drive to the above pictures.  The land is currently fairly dry and not experiencing any issues, but it can experience flooding during flood events.  The ground levels of this land are marginally higher than the above land.

 

Upstream Drainage

 

The following image shows the subject site and the network of current and historic drains in this area which is considered to be upstream of the subject site.

 

Drain A is considered to be the original flow path for water leaving the Ewinsgdale Road / Bayshore Drive intersection.  Stormwater water is not piped from the industrial estate to this location.

 

The image below is a historic aerial photo from 1965 showing a drain once existed. At that time the drain may have been considered a lawful point of discharge because is appears to have a water course.

 

 

The image on the right shows drain A.  On the eastern side of Melaluaca Drive the drain is mostly non existent today, it is overgrown and filled with sediment.

 

The images below show the drain either side of Melaluca Drive.  The brown ponded water is to the east, this has nowhere to flow and appears to be brown from sediment run off from Melaluca Drive.

 

The lower right hand image is the western side, this has a marginal drain through to the Bayshore Drive roundabout site and recent drainage works.

 

The picture and information above show that drain A has slowly filled in overtime and for this and the legal reasons it is unlikely to be considered a water course or a lawful point of discharge today. Legal advice would be needed confirm this position.

 

The image to the right shows a bund at the outlet from the Bayshore Drive roundabout site.

 

This shows that water only leaves the site and into drain A when the bund is flooded and overtopped.  This bund has been in existence since the start of the project.

 


 

Drain B is within a Council easement for drainage.  The drain is partially blocked with sediment at the start near Ewingsdale Road.  Water would only enter this drain when the area is slightly flooded.  Additionally as can be seen by the pictures below, the drain has limited ability to drain water from Ewingsdale Road efficiently in its current state.  The drain is overgrown and in need of maintenance, it currently forms more of an uneven depression.

 

 

The southern end of drain B is more obvious at the southern end, however, the end of the drain was redirected away from the easement around 8 years ago.  The closure of this section was at the request of Council’s Environmental Health staff to allow the property owner to create a sub-surface irrigation mound for their waste water treatment system.  The redirection is shown in dark blue on drainage network image above.  The connection of this redirection is poor and an inefficient drain.  The more efficient location would be to the west of the larger waste water irrigation mound, shown in green.

 

The easement wasn’t changed at the time of redirection and remains in its original location today on deposited plans. It is believed the original aim of this easement was to take drainage flows from Ewingsdale Road to the Melaleuca Drive road reserve.  Council could then build a drain down the road reserve to a natural flow path or the Union Drain.  Unfortunately Crown Lands have since sold this road reserve to private owners; therefore, the Council easement no longer reaches a lawful point of discharge and would need a further easement to drain water beyond the end of the existing easement.  This is no longer the preferred flow path due the issues explained above, particularly the irrigation mounds.

 

Council’s consultant report for the development area north west of this land which Drain B flows though concluded that this area did not have a lawful point of discharge.  Additionally whilst Council has an easement over Drain B, this easement does not reach a lawful point of discharge; therefore, Council is unlikely to have a legal right to send water down this easement.  Legal advice will need to confirm this.

 

The preferred flow path (noted above in purple) would require the creation of an easement to take flows to lawful point of discharge or all the way to the Union Drain (this is considered a lawful point of discharge, shown in red).  The Union Drain link has ecological issues because it would require a drain to be built through a Coastal Wetland, therefore an EIS would be required, which may not result in an approval because draining a Coastal Wetland is a key threatening process to a state protected wetland.

 

Drain B can cause issues for the property owners north of Drain C, therefore, this needs consideration as part further investigations.

 

Drain C is minor drain which links the land to the west of Melaleuca Drive with the east and links the Coastal Wetland together.  The drain is mapped in Council’s system and in the states SixMaps, however, as can be seen from the images below it has limited ability to act as an efficient drain and is more of a depression with a Coastal Wetland.

 

 

 

Council’s design officer has built a 3D model of the area using Light Detection and Ranging (LiDAR) data from 2015.  The model has been interrogated using a process called ‘water drop’. This assessment showed that it is unlikely there are any clear flow paths to link water flow from Melaleuca Drive or Ewingsdale Road to the Subject site property.  Site inspections also concluded there are no clear flow paths. Water is more likely to flow when the area receives partial flooding or through ground water.  This is mainly due to the condition of the drains in the area.

 

It is noted that LiDAR is fairly accurate and excellent for broad scale assessment, more detailed survey of the area would be required to build a higher resolution model that may pick up drainage paths more accurately.

 

Considering the results of the water drop analysis and the state of both Drains A and B it is difficult to see how stormwater flows away from Melaleuca Drive or the Bayshore Drive roundabout site. It is more likely that this water enters the water table until the area is flooded and then starts to flow. But these would be very slow flows and the water is more likely to slowly seep into the ground.

 


 

The image below is a coloured terrain model with an aerial photo behind to help show locations. Blue is very low land, typically water bodies and swamp. Yellow is low lying land and drains. Red is higher land, relative to the low land. As can be seen the subject site is surrounded by low lying land and the majority of the land parcel is either low lying, swamp or water body.  The area around the residence is the higher land, which is mostly dry.

 

 

 


 

Downstream Drainage

 

Staff have inspected some of the receiving land area as well as the upstream environment in order to understand how the receiving environment effects drainage away from the subject land.  Further investigation in a Kayak and on foot is being considered.

 

The following text is taken from section 4.2.2 of the Capacity Assessment of the Belongil Creek Drainage System December 2016. Full document provided at attachment 1.

 

Water levels, groundwater and rainfall

 

Across all monitoring sites, water levels increase as a result of rainfall. The frequency, magnitude and duration of elevated surface/ground waters as a result of rainfall varies considerably both temporally and spatially. Generally, 50-100mm of rainfall over 2 days will result in elevated ground and surface waters to the extent where extensive flooding occurs across land west of the BBIWMR. This relationship is best illustrated in Figure 4-4, with a series of 50mm + rainfall events in late 2015 which lead to surface flooding. On three occasions between Early November and Late December flooding of the adjoining paddock occurred; preceding the initial two events ~60mm of rainfall was recorded, with 106mm recorded preceding the third event. Interestingly, 60mm of rain falling on the 9/11/2015 resulted in an increase in drain water levels from 1.47 1.7mAHD but did not result in flooding of the paddocks. This appears to be the influence of the water level within the drains/groundwater  prior  to  rainfall  events.     For  example,  when  the  drain  water  level  is

<~1.4mAHD at Logger 3, 50mm of rainfall will not result in flooding. However, when the water level is >1.7mAHD 50mm of rainfall will result in flooding.

 

Figure 4-5 illustrates how the water level at Logger 4 increases to a level greater than the drain invert for a period of 4 days following 311mm over two days. The photograph adjoining this graph shows the extent of flooding on the same rainfall event across the land west of the BBIWMR (refer to Figure 4-1 for location and direction of photograph).

 

While the drainage system of the upper union drain network demonstrably transports effluent efficiently, it is highly likely that since the increased discharge from BB STP in 2006, the regional water table has increased. While this is difficult to demonstrate quantitatively without pre 2006data, the geological cross section presented earlier in Figure 3-3 indicates little pathways for effluent loss outside of the flow under Ewingsdale Road culverts in the Upper Union Drainage system. Furthermore, anecdotal observations by landowners over the past 10 years suggest the water table has increased. This increase in the water table would likely result in an increase in the frequency, duration and depth of inundation resulting from rainfall events owing to the reduced soil

store available (in comparison to pre 2006).

 

 


 

Influence of closed estuary on drain system.

 

Owing to the extremely flat catchment, water levels within the Belongil Estuary substantially influence water levels within the Union and Upper Union drainage system. When the estuary mouth is open, tidal fluctuations in water levels have been recorded north of Ewingsdale Road, at Logger sites 4, 5 and 6. Conversely, when the mouth of the estuary is closed, the level of water within entire Union Drain system rises, as illustrated in Figure 4-6 showing the water level at the Ewingsdale Bridge and the Upper Union Drain over a period with estuary open and closed events. The static water level within the estuary and drainage system appears to be set by the opening status of the estuary mouth and tidal fluctuations.

 

With an estuary closed event, the water level within the estuary and drainage system incrementally increases 3-5cm per day under non rainfall conditions, reaching a level whereby it overtops the natural sand bar at the estuary mouth OR Council artificially open the mouth of the estuary as discussed earlier in Section 3.2.1. Under a ‘closed estuary, water levels within the upper union drainage system can be >0.5m when compared to water level under an ‘open’ estuary regime – however estuary closed events occur only 2-3 times per year and generally for periods <7-10 days.

 

 

 

This report clearly shows that water levels in the Union Drain directly south of Subject site can often range between 0.7-1.2m AHD and 0.6-1.2 at the Ewingsdale Road bridge.  This represents a near flat hydraulic grade line between the two locations.  It is also noted that water levels within the Union Drain further upstream of this location can often be higher at around 1.3-1.4m AHD and higher during flooding.

 

Additionally since 1 January 2017 water levels at the Ewingsdale Road bridge have not lowered below 0.19m AHD.  The mouth of Belongil is opened when water levels at this location reach 1.0m AHD, therefore, generally water levels do not go much higher than this, except during heavy and prolonged rain or flooding; although this does happen a number of times per year.  This water level is the downstream boundary for water draining out of the Union Drain.  Therefore it could be said that it is not unusual for the downstream boundary water levels to be between 0.2 to 1.0m AHD at the road bridge.

 

The grass areas around subject site range between 1.4 to 3m AHD.  The majority of the flooded land is below 2m AHD.  The swamp between the Union Drain and subject sites residence has ground levels between 0.8-1.4m AHD, while the banks on the Union Drain have ground levels up to 1.8m AHD in places, with gaps which would allow water to drain into the drain.  The image below shows 0.2m contours of this area.

 

0.00m AHD is mean sea level.  Mean sea level is an average level of the surface of an ocean from which heights such as elevation may be measured.  A common and relatively straightforward mean sea-level standard is the midpoint between a mean low and mean high tide at a particular location.  In Australia mean sea level for 1966-1968 was assigned a value of 0.000m on the Australian Height Datum (AHD) at 30 tide gauges around the coast of the Australian continent.

 

Typicaly drainage design aims for a hydraulic grade of 1% or higher to achieve efficient flow rates. The lower Belongil area is very flat and the drains have little if any grade as they are usually flooded.  Therefore the drainage in this area relies more upon displacement or hydrostatic head to drive the water flow, rather than drain grade.

 

The distance water has to flow from the Union Drain south of subject site and the Ewingsdale Road bridge is approximately 2,700m.  If you assumed a near flat (not efficient) hydraulic grade of 0.1% from the Ewingsdale Road bridge and followed the water flow back up the Union Drain to this same point the following water levels would result.

 

Water Level at Ewingsdale Road

Resulting water level at Union Drain

0.2m AHD

2.9m

0.6m AHD

3.3m

1.0m AHD

3.7m

 

This shows that water draining from the swamp surrounding subject site has very little hydrostatic head to drive flow. The land would need to be flooded before you achieve an inefficient hydraulic grade line of 0.1%, even when water levels in the creek are 0.2m AHD.  A more efficient hydraulic grade line of 1% is not possible without considerable flooding.

 

The land shown as flooded in the pictures provided is approximately 1.4m AHD, if this is flooded and the Belongil Creek water levels are 1m AHD, this water has a hydraulic grade line of 0.015%, this is basically flat.

 

Water flowing from the subject site generally has nowhere to flow to because the downstream water levels are similar, resulting in no hydraulic grade or head to drive flow.

 

 

 

 

 

 


 

Conclusions

 

1.       Staff have concluded that the Bayshore Drive roundabout and the drainage maintenance works on Melaleuca Drive are unlikely to be the cause of the drainage issues that the subject site is experiencing. The cause of the drainage issues are more likely to be the downstream environment not allowing water to flow away from the land.

 

2.       The recommended alternative flow path from the Byron Bay STP could reduce water levels in the Union Drain to the south of the subject site, but it may not lower water levels in the main Belongil Creek, therefore, it is unlikely to have a profound impact or provide a solution to the subject site.

 

3.       Council is unlikely to have a legal right to send water down Drain A or B, because it does not end at a lawful point of discharge, legal advice could be sought to confirm.

 

4.       If Council doesn’t have a legal to discharge nor does the proposed sub-division of the land which Drain B runs through.  Additionally the opportunities for infiltration from this site should be considered very carefully because the water table is already very high which makes successful infiltration very unlikely.

 

5.       Initial investigations suggest the preferred drainage flow path for this area is an extension of Drain B, within an easement, until it reaches a lawful point of discharge, however, further investigation into this is recommended and confirmation on where the nearest lawful point of discharge exists.

 

6.       Alternate flow paths also need further survey and investigation as part of the above investigation. There may be an alternative option to Drain B, but this needs detailed survey to prove.

 

7.       This report shows that water can only drain from the swamp surrounding the subject site if water levels provide the head to drive flow. 2.7m above water levels in the Belongil Creek achieves a 0.1% hydraulic grade. 0.27m provides a 0.01% hydraulic grade.  Both of which result in very slow inefficient drainage flows. Further modelling would help better understand these effects and the system’s capacity to drain.

 

8.       If the catchment is becoming more water logged and drainage paths through the swamp become blocked this drainage efficiency becomes further restricted. It is a natural process for swamp land to naturally fill and change over time and this likely to be occurring in the area subject to this investigation.

 

9.       This review has confirmed that Council needs to further investigate drainage easements from Ewingsdale Road to the Union Drain or lawful point of discharge.  The best locations for drainage easements needs to be confirmed and the easements created to a lawful point of discharge to ensure long term drainage.  These easements should not proceed if they are likely to impact local residents.

 

10.     It is recommended that the Ewingsdale Road duplication project investigate appropriate drainage flow paths and create / negotiate easements as required.

 

11.     It is noted that long term change in the wetlands surrounding the subject site and water levels within the receiving environment (Belongil Creek) may impact the long term viability of the subject land as suitable and healthy land to live.

 

 


 

Financial Implications

 

Resolution 18-617 (c) has committed $30,000 to further investigate the above and a whole of catchment investigation to provide recommendation for a Belongil Catchment Management Plan.

 

Statutory and Policy Compliance Implications

 

Provision of stormwater infrastructure is a legitimate function of local government under the Local Government Act 1993.  To the extent that the provision of stormwater infrastructure protects public roads, other infrastructure, Council land, Crown land, private land and the community.  Council is also responsible for drainage under the Roads Act 1993.

 

Resolving as recommended demonstrates that Council is carrying out stormwater works to the extent that Council resources, capacities and competing priorities permit.

 

  


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services                      14.1

 

 

Reports of Committees - Corporate and Community Services

 

Report No. 14.1           Report of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 13 September 2018

Directorate:                 Corporate and Community Services

Report Author:           Lisa Brennan, EA Corporate and Community Services

File No:                        I2018/1871

Theme:                         Corporate Management

                                      Community Development

 

Summary:

 

This report provides the minutes and recommendations of the Arakwal (Memorandum of Understanding) Advisory Committee Meeting held on 13 September 2018 for determination by Council.

 

  

 

RECOMMENDATION:

1.       That Council note the minutes of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 13 September 2018. 

 

 

 

2.       That Council adopt the following Committee Recommendation:

 

Report No. 4.1   Environmental Protection and Improvement Works at the Sandhills Estate

File No: I2018/1665

 

Committee Recommendation 4.1.1

1.       That the Arakwal Memorandum of Understanding Advisory Committee:

 

a)    Note the progress of this project and provide any feedback to Council.

 

b)    Provide feedback on the Sandhills Estate Environmental Protection and Improvement Plan.

 

2.       That Council establish a partnership protocol with the Arakwal Corporation for works within the Sandhills Estate and facilitate a stakeholder engagement process for the broader Sandhills project.

 

3.       That the Environmental Protection and Improvement Project Plan (E2018/76687) be presented to the Arakwal Corporation Board by Council staff.

 

 

3.       That Council adopt the following Committee Recommendation:

 

Report No. 4.2   Australia Day 2019

File No: I2018/1570

 

Committee Recommendation 4.2.1

1.       That input provided by the Arakwal MoU Committee informs the planning and delivery of Council’s Australia Day 2019 activities.

 

2.       That, in the event the date of the official Council celebrations change, that it be recognised that it is a Council decision, not one by the Arakwal Corporation.

 

3.       That Council continue to support the Byron Reconciliation Group Survival Day events.

 

 

4.       That Council adopt the following Committee Recommendation:

 

Report No. 4.3   Byron Shire Council and Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) Memorandum of Understanding intended Review

File No: I2018/1668

 

Committee Recommendation 4.3.1

That the Arakwal MoU Advisory Committee note the intended review and evaluation of the Arakwal MoU and provide preliminary feedback for the process.

 

 

 

 

5.       That Council adopt the following Committee Recommendation:

 

Report No. 4.6   Ironbark Avenue - Drainage Investigation

File No: I2018/1663

 

Committee Recommendation 4.6.1

1.       That the Arakwal Corporation proceed to obtain relevant approvals for the proposed drainage solution and engage a suitable contractor to complete the works, and acknowledge their commitment as stated in 5.2.1 of the Arakwal Memorandum of Understanding.

 

2.       That a funding source be identified within Council’s 30 September Quarterly Budget Review for Council’s consideration.

 

3.       That a review of parking design be included as part of this process.

 

 

 

 

Attachments:

 

1        Minutes of the Arakwal (MoU) Advisory Committee meeting held on 13 September 2018, I2018/1729

 

 


 

Report

 

The attachment to this report provides the minutes of the Arakwal Memorandum of Understanding Advisory Committee Meeting of 13 September 2018 for determination by Council.  The agenda for this meeting can be located on Council’s website at:

 

https://byron.infocouncil.biz/Open/2018/09/AMUAC_13092018_AGN_786_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 Arakwal Memorandum of Understanding Advisory Committee Meeting of 13 September 2018.

 

Statutory and Policy Compliance Implications

 

As per the Reports listed within the Arakwal Memorandum of Understanding Advisory Committee Meeting of 13 September 2018.

 

  


BYRON SHIRE COUNCIL

Reports of Committees - Sustainable Environment and Economy               14.2

 

 

Reports of Committees - Sustainable Environment and Economy

 

Report No. 14.2           Report of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 30 August 2018

Directorate:                 Sustainable Environment and Economy

Report Author:           Michelle Chapman, Project Support Officer

File No:                        I2018/1778

Theme:                         Sustainable Environment and Economy

                                      Planning Policy and Natural Environment

 

Summary:

 

The attachment to this report provides the minutes of the Sustainability and Emissions Reduction Advisory Committee Meeting of 30 August 2018 for determination by Council.

 

  

 

RECOMMENDATION:

That Council note the minutes of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 30 August 2018. 

 

 

 

 

 

 

 

 

 

 

Attachments:

 

1        Minutes 30/08/2018 Sustainability and Emissions Reduction Advisory Committee, I2018/1658

 

 


 

Report

 

The attachment to this report provides the minutes of the Sustainability and Emissions Reduction Advisory Committee Meeting of 30 August 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/2018/08/SERAC_30082018_AGN_877_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 30 August 2018.

 

Statutory and Policy Compliance Implications

 

As per the Reports listed within the Sustainability and Emissions Reduction Advisory Committee Meeting of 30 August 2018.

 


BYRON SHIRE COUNCIL

Reports of Committees - Sustainable Environment and Economy               14.3

 

 

Report No. 14.3           Report of the Heritage Panel Meeting held on 30 August 2018

Directorate:                 Sustainable Environment and Economy

Report Author:           Noreen Scott, EA Sustainable Environment and Economy

File No:                        I2018/1798

Theme:                         Sustainable Environment and Economy

                                      Development and Certification

 

Summary:

 

The attachment to this report provides the minutes of the Heritage Panel meeting held on 30 August 2018 for determination by Council.

 

  

 

RECOMMENDATION:

That Council note the minutes of the Heritage Panel Meeting held on 30 August 2018. 

 

 

 

 

 

 

 

Attachments:

 

1        Minutes Heritage Panel 30 August 2018, I2018/1575

 

 


 

Report

 

The attachment to this report provides the minutes of the Heritage Panel Meeting of 30 August 2018 for determination by Council.  The agenda for this meeting can be located on Council’s website at:

 

https://byron.infocouncil.biz/Open/2018/08/HER_30082018_AGN_820_AT.PDF

 

The Panel recommendations are supported by management and are provided in the attachment to this report.

 

Financial Implications

 

As per the Reports listed within the Heritage Panel Meeting of 30 August 2018.

 

Statutory and Policy Compliance Implications

 

As per the Reports listed within the Heritage Panel Meeting of 30 August 2018.

  


BYRON SHIRE COUNCIL

Reports of Committees - Infrastructure Services                                             14.4

 

 

Reports of Committees - Infrastructure Services

 

Report No. 14.4           Report of the Water, Waste and Sewer Advisory Committee Meeting held on 13 September 2018

Directorate:                 Infrastructure Services

Report Author:           Dominika   Tomanek, Executive Assistant Infrastructure Services

File No:                        I2018/1779

Theme:                         Infrastructure Services

                                      Waste and Recycling Services

 

Summary:

 

The attachment to this report provides the minutes of the Water, Waste and Sewer Advisory Meeting held on 13 September 2018 for determination by Council.

 

 

  

 

RECOMMENDATION:

1.       That Council note the minutes of the Water, Waste and Sewer Advisory Committee Meeting held on 13 September 2018. 

 

 

 

2.       That Council adopt the following Committee Recommendation(s):

 

Report No. 4.1   Water Sensitive Urban Design Strategy

File No: I2018/956

 

Committee Recommendation 4.1.1

1.       That the committee note the report and commend Council for undertaking this initiative.

 

2.       Staff circulate questions from the presentation and Committee provide feedback within 2 weeks.

 

3.       That committee will have workshop to discuss questions in the end of October 2018.

 

 

 

3.       That Council adopt the following Committee Recommendation(s):

 

Report No. 4.2   Telecommunications Installations on Reservoirs

File No: I2018/1159

 

Committee Recommendation 4.2.1

That Council welcome the study to our shire.

 

 

4.       That Council adopt the following Recommendation(s):

 

Report No. 4.3   Rous Regional Water Supply Agreement Liaison Committee Meeting 28 August 2018 Agenda and Business papers

File No: I2018/1298

 

Committee Recommendation 4.3.1

That Council circulate the business papers for the Rous Regional Water Supply Agreement Liaison Committee to members of the WWSC when received.

 

 

5.       That Council adopt the following Committee Recommendation(s):

 

Report No. 4.4   Mullumbimby Inflow and Infiltration update

File No: I2018/1660

 

Committee Recommendation 4.4.1

That Council move ahead with the Inflow and Infiltration project as originally conceived for a small cluster of properties in Mullumbimby to quantify the benefit of a pressure sewer system and ensure that the results of the trial are not confounded by other activities.

 

 

6.       That Council adopt the following Committee Recommendation(s):

 

Report No. 4.5   Nutrient Loading in the Belongil

File No: I2018/1704

 

Committee Recommendation 4.5.1

1.       That Council note that consent conditions in clause 11 of the approval  under Council res 02-1329 have been exceeded for short periods during the past 15 months

 

2.       That Council determine a new methodology to calculate nutrient discharge into the Belongil to satisfy both Council Resolution 02-1329 and the Recycled Water Management Strategy 2017-27

 

3.       That Council consider measures for overcoming these exceedances.

 

 

7.       That Council adopt the following Committee Recommendation(s):

 

Report No. 4.6   Items for the Committee Requested by Mark Tidswell

File No: I2018/1715

 

Committee Recommendation 4.6.1

That Council note the Committee discussed the item on 13 September 2018 in relation to flooding at Melaleuca Drive and a Notice of Motion is on the Agenda for the next scheduled Council Meeting on 20 September 2018.

 

 

 

 

 

Attachments:

 

1        Minutes 13/09/2018 Water, Waste and Sewer Advisory Committee, I2018/1719

 

 


 

Report

 

The attachment to this report provides the minutes of the Water, Waste and Sewer Advisory Committee Meeting of 13 September 2018 for determination by Council.  The agenda for this meeting can be located on Council’s website at:

 

https://byron.infocouncil.biz/Open/2018/09/WWSAC_13092018_AGN_802_AT.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 Water, Waste and Sewer Advisory Committee Meeting of 13 September 2018.

 

Statutory and Policy Compliance Implications

 

As per the Reports listed within the Water, Waste and Sewer Advisory Committee Meeting of 13 September 2018.

 


BYRON SHIRE COUNCIL

Reports of Committees - Infrastructure Services                                             14.5

 

 

Report No. 14.5           Report of the Local Traffic Committee Meeting held on 18 September 2018

Directorate:                 Infrastructure Services

Report Author:           Evan Elford, Team Leader Infrastructure Planning

Stephanie Tucker, Traffic and Transport Assistant

File No:                        I2018/1870

Theme:                         Infrastructure Services

                                      Local Roads and Drainage

 

Summary:

 

This report contains the recommendations of the Local Traffic Committee meeting held 18 September 2018. There was no Police representative at the 18 September meeting, however the Police have advised their support for the recommendations via email, see attachment E2018/79491.

 

Council’s action on the LTC advice will be:

 

a)      If Council is in agreement with the LTC unanimous support then the proposal may be approved. In these cases there is no conflict between Council and the advice of the LTC, consequently there is no need for Council to inform the RMS or the NSW Police representatives of the decision.

 

b)      If Council is in agreement with the LTC unanimous support, but no longer wants to proceed, the proposal may still be rejected.

 

c)      If Council is in agreement with the LTC unanimous decline then the proposal may be rejected. Again there is no conflict between Council and the advice of the LTC. Consequently there is no need for Council to inform the RMS or the NSW Police representatives of the decision.

 

d)      If Council decides to proceed with a proposal where the advice of the LTC is not unanimous support, then the Council must first advise the RMS and the NSW Police representatives in writing of their intention to approve the proposal.  The RMS or the NSW Police may then lodge an appeal to the Regional Traffic Committee (RTC).

 

e)      If Council decides to proceed with a proposal where the advice of the LTC is a unanimous decline, then the Council must first advise the RMS and NSW Police representatives in writing of their intention to approve the proposal.  The RMS or the NSW Police may then lodge an appeal to the RTC.

 

Due to the fact that the RMS and the NSW Police have the power to appeal certain decisions of the Council, the LTC cannot provide its advice to Council until both the RMS and the NSW Police have provided their vote on the issue.

 

  

 

RECOMMENDATION:

1.       That Council note the minutes of the Local Traffic Committee Meeting held on 18 September 2018. 

 

 

 

2.       That Council adopt the following Committee Recommendation(s):

Report No. 6.1   Parking for volunteers vehicles at RFS Mullumbimby Brigade

 

File No: I2018/1151

 

Committee Recommendation 6.1.1

1. That Council not provide dedicated parking for volunteers’ private vehicles in Gordon Street at the Mullumbimby RFS brigade.

 

2. That council have further discussions with the RFS regarding alternative parking arrangements.

 

Flanagan, Cameron and Stevens voted in favour of the motion.

Nil voted against the motion

 

 

 

3.       That Council adopt the following Committee Recommendation(s):

Report No. 6.2   Events - Mullumbimby Music Festival 2018 - Road Closure

 

File No: I2018/1571

 

Committee Recommendation 6.2.1

1.   That the Traffic Management Plan and Traffic Control Plan/s as relates to the Mullumbimby Music Festival 2018, to be held between Thursday 15 November 2018 and Monday 19 November 2018, which includes the temporary road closures below, be endorsed between these times:

 

a)   Dalley Street, between Tincogan Street and Burringbar Street, between 11:00am and 12:00noon on Sunday 18 November 2018 - Street Parade;

 

b)   Burringbar Street, between Station Street and Dalley Street, effective between 10:45am and 11:15am on Sunday 18 November 2018 - Street Parade;

 

c)   Cenotaph Lane, between Dalley Street and east of the fire station driveway and Murphys Lane, effective from 4:00pm Thursday 15 November 2018 through to 8am Monday 19 November 2018; and

 

d)   Murphys Lane, between Cenotaph Lane and Tincogan Street, effective from 4:00pm Thursday 15 November 2018 through to 8am Monday 19 November 2018.

 

2.   That the approval provided in Part 1 is subject to:

 

 

a)   implementation of the approved Traffic Management Plan and Traffic Control Plan/s by those with appropriate RMS accreditation and the holding of current and appropriate levels of insurance and liability cover;

 

b)   that each temporary bus stop, as required by the event, be established in accordance with the accredited Traffic Control Plan/s;

 

c)   the event organiser:

 

i)        advertising the impact of the event via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints;

 

ii)       providing a copy of the advert for Council's web page;

 

iii)          the written concurrence of the Fire Stations on both Gordon Street and Dalley Street, be obtained and copies provided to Council;

 

iv)      informing community and businesses that are directly impacted (eg adjacent to the event) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised;

 

v)       arranging for private property access and egress affected by the event;

 

vi)         liaising with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event;

 

vii)     consulting with emergency services and any identified issues be addressed;

 

viii)    holding $20m public liability insurance cover which is valid for the event;

 

ix)          paying of Council’s Road Event Application Fee prior to the event.

 

Flanagan, Cameron and Stevens voted in favour of the motion.

Nil voted against the motion.

 

 

4.       That Council adopt the following Committee Recommendation(s):

Report No. 6.3   Request for No Stopping - 12 Browning Street, Byron Bay

 

File No: I2018/1586

 

Committee Recommendation 6.3.1

That “No Stopping” apply at the frontage of 12 Browning Street, Byron Bay for the times and day of waste services only, as per existing adjoining signage.

 

Flanagan, Cameron and Stevens voted in favour of the motion.

Nil voted against the motion.

 

 

5.       That Council adopt the following Committee Recommendation(s):

Report No. 6.4   Event Road Closures - Brunswick Woodchop Twilight Markets 2018

 

File No: I2018/1683

 

Committee Recommendation 6.4.1

1.   That the Twilight Markets to be held on Wednesday 19 December 2018, which includes the temporary road closure/s below, be endorsed between these times:

 

a)   Mullumbimbi Street Brunswick Heads, between The Terrace and Park Street on Wednesday 19 December 2018, as per the following:

 

i)          Closure of the area bounded by the nose-in parking and centre parking bay from 7:00am until 11:00pm. This is the u-shaped provision for parking that is adjacent Banner Park in the vicinity of the children's play area;

 

ii)         Two (2) temporary designated ‘Disability Parking’ spaces be created outside of the hotel during the morning, with signage to be installed by appropriately accredited persons in conjunction with the implementation of the TCP. The existing 2 spots will have been closed off;

 

iii)        Closure of the remaining section of ‘through road’ between The Terrace and Park Street from 12:00noon until 11:00pm.

 

b)   Opening of Memorial Park for parking on Wednesday, 19 December 2018 from 12:00 noon to allow stallholders to get their vehicles off the street before the markets start at 3:00pm.

 

2.       That the Fireworks Night to be held on Saturday 19 January 2019, which includes the opening of Memorial Park for parking from 6:00pm be endorsed.     

 

3.       That the approval provided in Part 1 and Part 2 is subject to:

 

a)   the event organiser provide council with an updated Traffic Management Plan and Traffic Control Plan for the 2018 event;

 

b)   implementation of the approved Traffic Management Plan and Traffic Control Plan by those with appropriate RMS accreditation and the holding of current and appropriate levels of insurance and liability cover;

 

c)   the impact of the event be advertised, and charged at cost to the organisers, via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints;

 

d)   the event be notified on Council’s web page;

 

e)   the event organiser:

 

i) informing community and businesses that are directly impacted (eg adjacent to the event) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised;

 

ii) arranging for private property access and egress affected by the event;

 

iii) liaising with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event;

 

iv) consulting with emergency services and any identified issues be addressed;

 

v) holding $20m public liability insurance cover which is valid for the event;

 

vi) paying of Council’s Road Event Application Fee prior to the event.

 

Flanagan, Cameron and Stevens voted in favour of the motion.

Nil voted against the motion.

 

 

6.       That Council adopt the following Committee Recommendation(s):

Report No. 7.1   Events - Byron Bay Triathlon 2019 - Traffic Management

File No: I2018/1338

 

RECOMMENDATION:

Item deferred. No recommendation made.

 

 

7.       That Council adopt the following Committee Recommendation(s):

(s) as follows:

 

Report No. 7.2   Car Share Scheme, Byron and Mullumbimby - 12 Month Pilot

File No: I2018/1441

 

Committee Recommendation 7.2.1

That Council support the following locations for car share spaces: four (4) spaces in Station St, four (4) in Lawson St and one (1) space each in Massinger, Browning, Marvell and Shirley Streets, generally located where shown in red in the report.

 

Flanagan, Cameron and Stevens voted in favour of the motion.

Nil voted against the motion.

 

 

8.       That Council adopt the following Committee Recommendation(s):

Report No. 7.3   Brunswick Heads Boat Harbour Master Plan - Traffic, Access and Parking Options

File No: I2018/1084

 

Committee Recommendation 7.3.1

1.   That the committee’s comments and recommendations be provided to Crown Lands to assist in developing the Brunswick Heads Boat Harbour Master Plan.

 

2. That LTC support the intersection locations and layout, both internal and external      as presented in Council’s plan 2640-SK 2 Issue B.

 

Flanagan, Cameron and Stevens voted in favour of the motion.

Nil voted against the motion.

 

 

9.       That Council adopt the following Committee Recommendation(s):

Report No. 7.4   Bangalow Primary School - Parking and Traffic Management

 

File No: I2018/1709

 

RECOMMENDATION:

Item deferred. No recommendation made.

 

 

10.     That Council adopt the following Committee Recommendation(s):

Report No. 7.5   Adoption of Constitution for Local Traffic Committee

 

File No: I2018/1684

 

RECOMMENDATION:

Item deferred. No recommendation made.

 

 

 

 

Attachments:

 

1        LOCAL TRAFFIC COMMITTEE E-mail from Police advising support for LTC recommendations September 18 LTC - PDF VERSION, E2018/79491

 

 


 

Report

 

The attachment to this report provides the minutes of the Local Traffic Committee Meeting of 18 September 2018 for determination by Council.  The agenda for this meeting can be located on Council’s website at:

 

https://www.byron.nsw.gov.au/Council/Council-meetings/Agendas-Minutes

 

An e-mail from the Police Representative’s delegate, Sgt Michael Stewart, advising Police support for the recommendations is also attached.

 

 

Financial Implications

 

As per the Reports listed within the Local Traffic Committee Meeting of 18 September 2018.

 

Statutory and Policy Compliance Implications

 

As per the Reports listed within the Local Traffic Committee Meeting of 18 September 2018.

 

 

 


BYRON SHIRE COUNCIL

Reports of Committees - Infrastructure Services                                             14.6

 

 

Report No. 14.6           Report of the Byron Shire Floodplain Risk Management Committee Meeting held on 13 September 2018

Directorate:                 Infrastructure Services

Report Author:           Dominika   Tomanek, Executive Assistant Infrastructure Services

File No:                        I2018/1873

Theme:                         Infrastructure Services

                                      Emergency Services and Flood Management

 

Summary:

 

The attachment to this report provides the minutes of the Byron Shire Floodplain Risk Management Committee Meeting held on 13 September 2018 for determination by Council.

 

 

  

 

RECOMMENDATION:

1.       That Council note the minutes of the Byron Shire Floodplain Risk Management Committee Meeting held on 13 September 2018. 

 

 

 

2.       That Council adopt the following Committee Recommendation(s):

 

Report No. 4.1   North Byron Floodplain Risk Management Study and Plan

File No: I2018/1443

 

Committee Recommendation 4.1.1

1.       That Council accept the calibration results for the March 2017 flood event and that the North Byron Flood Model, as adopted in 2016, is fit for the Draft Floodplain Risk Management Study tasks.

 

2.       That Council note the results of the community survey and look forward to seeing these results guide the various parts of the Draft Floodplain Risk Management Study document.

 

 

 

 

 

Attachments:

 

1        Minutes 13/09/2018 Byron Shire Floodplain Risk Management Committee, I2018/1720

 

 


 

Report

 

The attachment to this report provides the minutes of the Byron Shire Floodplain Risk Management Committee Meeting of 13 September 2018 for determination by Council.  The agenda for this meeting can be located on Council’s website at:

 

https://byron.infocouncil.biz/Open/2018/09/BSFRM_13092018_AGN_806_AT.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 Byron Shire Floodplain Risk Management Committee Meeting of 13 September 2018.

 

Statutory and Policy Compliance Implications

 

As per the Reports listed within the Byron Shire Floodplain Risk Management Committee Meeting of 13 September 2018.

 


BYRON SHIRE COUNCIL

Reports of Committees - Infrastructure Services                                             14.7

 

 

Report No. 14.7           Report of the Local Traffic Committee Meeting held on 21 September 2018

Directorate:                 Infrastructure Services

Report Author:           Stephanie Tucker, Traffic and Transport Assistant

File No:                        I2018/1894

Theme:                         Infrastructure Services

                                      Local Roads and Drainage

 

Summary:

 

This report contains the recommendations of the Local Traffic Committee meeting held electronically from 21-28  September 2018.

 

Council’s action on the LTC advice will be:

 

a)      If Council is in agreement with the LTC unanimous support then the proposal may be approved. In these cases there is no conflict between Council and the advice of the LTC, consequently there is no need for Council to inform the RMS or the NSW Police representatives of the decision.

 

b)      If Council is in agreement with the LTC unanimous support, but no longer wants to proceed, the proposal may still be rejected.

 

c)      If Council is in agreement with the LTC unanimous decline then the proposal may be rejected. Again there is no conflict between Council and the advice of the LTC. Consequently there is no need for Council to inform the RMS or the NSW Police representatives of the decision.

 

d)      If Council decides to proceed with a proposal where the advice of the LTC is not unanimous support, then the Council must first advise the RMS and the NSW Police representatives in writing of their intention to approve the proposal.  The RMS or the NSW Police may then lodge an appeal to the Regional Traffic Committee (RTC).

 

e)      If Council decides to proceed with a proposal where the advice of the LTC is a unanimous decline, then the Council must first advise the RMS and NSW Police representatives in writing of their intention to approve the proposal.  The RMS or the NSW Police may then lodge an appeal to the RTC.

 

Due to the fact that the RMS and the NSW Police have the power to appeal certain decisions of the Council, the LTC cannot provide its advice to Council until both the RMS and the NSW Police have provided their vote on the issue.

 

  

 

RECOMMENDATION:

1.       That Council note the minutes of the Local Traffic Committee Meeting held on 21 September 2018. 

 

 

 

2.       That Council adopt the following Committee Recommendation(s):

Report No. 6.1   Events - Falls Festival 2018/19 -  Road Closures

 

File No: I2018/1788

 

 

Committee Recommendation 6.1.1

That Council approve the Traffic Management Plan, which includes Traffic Control Plans, for the Falls Festival 2018/19 to be held at the North Byron Parklands site, Yelgun 31 December 2018 to 2 January 2019 inclusive, subject to the following conditions: -

 

a)          Separate approvals by NSW Police and RMS being obtained;

 

b)   Implementation of the approved Traffic Management Plan and Traffic Control Plan by those with appropriate RMS accreditation and the holding of current and appropriate levels of insurance and liability cover;

 

c)          The approved event size being sufficient (20,000 patrons) to trigger use of the south car park as per the DA Condition for its use;

 

d)   The temporary ‘No Stopping’ where applied, including on Brunswick Valley Way (between Shara Boulevard and Tweed Valley Way) and on Tweed Valley Way (between Brunswick Valley Way and the Shire boundary), is implemented prior to the event and in accordance with relevant state requirements and Australian Standards;

 

e)          A communications protocol be developed and maintained by those involved in the implementation of traffic management including monitoring and ability to implement contingency plans as and when directed;

 

f)    Monitoring of vehicle volumes that arrive and depart the festival site and on the local road network;

 

g)   The holding of an event debrief within the month following the festival which includes but not limited to Council, RMS and Police;

 

h)   The event organiser:

 

i)     advertising the impact of the event via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints;

 

ii)    providing a copy of the advert for Council's web page;

 

iii)   give consideration of any submissions received;

 

iv)   informing community and businesses that are directly impacted (e.g. adjacent to the event) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised;

 

v)    arranging for private property access and egress affected by the event;

 

vi)   liaising with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event;

 

vii)  consulting with emergency services and any identified issues be addressed;

viii) holding $20m public liability insurance cover which is valid for the event.

 

ix)   paying of Council’s Road Event Application Fee prior to the event.

 

Smith, Cameron, Stewart and Boulton voted in favour of the motion.

Nil voted against the motion.

 

 

3.       That Council adopt the following Committee Recommendation(s):

Report No. 6.2   Events - Byron Bay Triathlon 2019 - Traffic Management

 

File No: I2018/1787

 

Committee Recommendation 6.2.1

1)   That the Byron Bay Triathlon to be held on Saturday 11 May 2019, which includes the temporary road closures below and Denning Park access, be endorsed between these times:

 

 

 

 

2)   Endorse the Traffic Management Plans for the 2019 Byron Bay Triathlon to be held on Saturday 11 May 2019

 

 

 

3)   That the approval provided in Part 1 and Part 2 is subject to:

 

a)   separate approvals by NSW Police and RMS being obtained;

 

b)   the event organiser provide council with an updated Traffic Management Plan  and Traffic Control Plan for the 2019 event, if required by the Police and RMS;

 

c)   implementation of the approved Traffic Management Plan and Traffic Control Plan by those with appropriate RMS accreditation and the holding of current and appropriate levels of insurance and liability cover;

d)   the impact of the event be advertised, and charged at cost to the organisers, via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints;

e)   the event be notified on Council’s web page;

f)    the event organiser:

·   informing community and businesses that are directly impacted (eg within road closure zones) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised;

·   arranging for private property access and egress affected by the event;

·   liaising with bus, taxi and waste operators and ensuring arrangements are made for provision of services during conduct of the event;

·   consulting with emergency services and any identified issues be addressed;

·   holding $20m public liability insurance cover which is valid for the event;

·   paying of Council’s Road Event Application Fee prior to the event.

·   Provide the committee comments to the Events Team and Event Organisers

Smith, Cameron, Stewart and Boulton voted in favour of the motion.

Nil voted against the motion.

 

 

 

 

 

 

 

 


 

Report

 

The attachment to this report provides the minutes of the Local Traffic Committee Meeting of 21 September 2018 for determination by Council.  The agenda for this meeting can be located on Council’s website at:

 

https://www.byron.nsw.gov.au/Council/Council-meetings/Agendas-Minutes

 

Financial Implications

 

As per the Reports listed within the Local Traffic Committee Meeting of 21 September 2018.

 

Statutory and Policy Compliance Implications

 

As per the Reports listed within the Local Traffic Committee Meeting of 21 September 2018.

     


BYRON SHIRE COUNCIL

Confidential Reports - Infrastructure Services                                                 16.1

 

 

Confidential Reports - Infrastructure Services

 

Report No. 16.1           Confidential - Tender 2018-0008 Eureka Bridge Embankment Rectification

Directorate:                 Infrastructure Services

Report Author:           Joshua Provis, Road and Bridge Engineer  

File No:                        I2018/1763

Theme:                         Infrastructure Services

                                      Local Roads and Drainage

 

 

Summary:

 

On Tuesday, 10 July 2018, a Request For Tender was called for the Eureka Bridge Embankment Rectification.

 

The Request for Tender was advertised from 10 July 2018 to 10 August 2018.  Tenders were received from the following organisations:-

 

·        Civil Contracting Solutions Pty Ltd

·        Elite Retaining Systems Pty Ltd

·        Valley Earthworks 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 2

 

 

 

RECOMMENDATION:

1.       That pursuant to Section 10A(2)(d)i and (d)ii of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report Tender 2018-0008 Eureka Bridge Embankment Rectification.

 

2.       That the reasons for closing the meeting to the public to consider this item be that the report contains:

a)      commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it

b)      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 report contains commercial in-confidence information that should not be disclosed publicly.

 

 

 

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, Tender 2018-0008 Eureka Bridge Embankment Rectification are to be treated as confidential as they relate to matters specified in s10A(2)(d)i and s10A(2)(d)ii of the Local Government Act 1993.

 

2.       That Council adopt the recommendation set out on the final page of the Report.

  

Attachments:

 

1        2018-0008 Eureka Bridge Embankment - Tender Evaluation Plan, E2018/69439  

2        2018-0008 Eureka Bridge Embankment - Tender Evaluation Scoresheet, E2018/69437  

3        2018-0008 Eureka Bridge Embankment - Tender Evaluation Report, E2018/80056