Minutes of Ordinary Meeting - 22 November 2018

Report No. 13.4 PLANNING - Railway Park Draft Plan of Management - Adoption

File No: I2018/2151

Resolved that Council replace Resolution 18-647 with the following:

1. Note the minor amendments of the Plan following public engagement dealing with acknowledging the heritage value of the land and the adjoining railway corridor and the retention of the memorial pole.

2. Adopt the Plan of Management for Railway Park, contained at Attachment 2 (#E2018/78998) to report PLANNING - Railway Park Draft Plan of Management - Submissions Report to Council’s Ordinary Meeting on 18 October 2018, categorising the site as General Community Use and not, as was the subject of a public objection, as a Park, because a General Community Use categorisation will:

i) provide a greater opportunity for flexibility in the use of Railway Park into the future; and

ii) reduce ambiguity in terms of whether existing and potential future activities are consistent with the categorisation of the land, noting that the guidelines within the Local Government (General) Regulation 2005 relating to the categorisation of park suggest that any use other than the passive use of the park could be argued to unduly intrude on the peaceful enjoyment of the land by others. (Richardson/Hackett)

Crs Richardson, Cameron, Hunter, Coorey, Lyon, Ndiaye and Hackett voted in favour of the motion.

Nil voted against the motion.

Cr Spooner was not present for the vote.

Staff Reports - Corporate and Community Services

Report No. 13.5 Annual Report 2017/18

File No: I2018/1860

18-718

Resolved that Council note the Annual Report 2017/2018 (#E2018/80058), included as Attachment 1 to this report, and its submission to the Minister for Local Government.

(Richardson/Hackett)

Report No. 13.7 Budget Review 1 July 2018 to 30 September 2018

File No: I2018/1995

18-719

Resolved:

1. That Council authorise the itemised budget variations as shown in Attachment 2 (#E2018/89897) which includes the following results in the 30 September 2018 Quarterly Review of the 2018/2019 Budget:

a) General Fund – $37,200 increase to the Estimated Unrestricted Cash Result

b) General Fund - $952,700 increase in reserves

c) Water Fund - $163,900 increase in reserves

d) Sewerage Fund - $208,200 increase in reserves

2. That Council adopt the revised General Fund Estimated Unrestricted Cash Result of $1,145,200 for the 2018/2019 financial year as at 30 September 2018.

(Richardson/Hackett)

Report No. 13.8 Investments October 2018

File No: I2018/2007

18-720

Resolved that the report listing Council’s investments and overall cash position as at 31 October 2018 be noted. (Richardson/Hackett)

Report No. 13.9 Mullumbimby Hospital Site Project Reference Group Recommendations: future use of the site

File No: I2018/2012

18-721

Resolved:

1. That the Mullumbimby Hospital Site Project Reference Group (PRG) recommendations on the best future use of the site are endorsed.

2. That the Mullumbimby Hospital Site Project Reference Group (PRG) is dissolved and the members thanked for their contribution. (Richardson/Hackett)

Report No. 13.10 Community Initiatives Program (Section 356) - 2018/19 funding round applications

File No: I2018/2015

18-722

Resolved:

1. That Council provide funds requested from the unallocated Section 356 budget to each of the projects which met the assessment criteria of the Community Initiatives Program 2018/19 funding round that are recommended for funding in Confidential Attachment 1 (#E2018/82824).

2. That Council advertise the Section 356 Donations proposed to be made in part 1 if approved by Council.

3. That Council note that unsuccessful applicants from this funding round will be provided detailed feedback and staff support to work on more complete applications that meet all criteria in future rounds.

4. That Council staff will continue to work with community groups to support them in submitting high quality applications to future rounds of the program. (Richardson/Hackett)

Report No. 13.13 Council Resolutions Quarterly Review - 1 April 2018 to 30 June 2018

File No: I2018/2040

18-723

Resolved:

1. That Council note the information provided in this report on active Council Resolutions in Attachment 1 (#E2018/86729).

2. That Council note the completed Resolutions in Attachment 2 (#E2018/86730).

(Richardson/Hackett)

Report No. 13.14 Presentation of 2017/2018 Financial Statements

File No: I2018/2136

18-724

Resolved that the Audited Financial Statements and Auditors Reports for the 2017/2018 financial year be presented to the Public in accordance with Section 419(1) of the Local Government Act 1993. (Richardson/Hackett)

Report No. 13.15 Operational Plan 2018/19 First Quarter Report - Q1 - 1 July to 30 September 2018

File No: I2018/2160

18-725

Resolved:

1. That Council note the first quarter report on the 2017/18 Operational Plan for the period 1 July to 30 September 2018 (Attachment 1 #E2018/85563).

2. That Council adopt the proposed amendments to the Operational Plan 2018/19 outlined in Attachment 2 (#E2018/82686) (Richardson/Hackett)

Staff Reports - Sustainable Environment and Economy

Report No. 13.18 PLANNING - Development Application 10.2018.86.1 - Installation of a Telecommunications Facility with Ancillary Equipment at Lot 339 DP 755692 Old Pacific Highway Brunswick Heads

File No: I2018/1882

18-726

Resolved pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2018.86.1 for installation of 30m high telecommunications facility and associated ancillary equipment, be approved subject to conditions listed in Attachment 2 #E2018/83848. (Richardson/Hackett)

Crs Richardson, Cameron, Hunter, Coorey, Lyon, Ndiaye and Hackett voted in favour of the motion.

Nil voted against the motion.

Cr Spooner was not present for the vote.

Report No. 13.20 Blues Festival Regulatory Working Group - Expressions of Interest

File No: I2018/1979

18-727

Resolved:

1. That Council nominate the following two community representatives for appointment to the Blues Festival Regulatory Working Group (RWG) on a rotational basis not exceeding four years Nicqui Yazdi and Phillip Mallon.

2. That Council advise the Chairperson of the Blues Festival Site Regulatory Working Group (RWG) of the nominations. (Richardson/Hackett)

Report No. 13.22 Commercial Activities on Road Reserves Policy

File No: I2018/1994

18-728

Resolved:

1. That Council approve the four (4) locations recommended for class 2 mobile vendor licences.

2. That Council recommend staff under a public tender to allocate the four (4) class 2 mobile vendor licences. (Richardson/Hackett)

Report No. 13.23 PLANNING - Bike Share: Initial Investigations

File No: I2018/2004

18-729

Resolved that Council note the update provided in this report by staff on a bike share pilot project - initial investigations. (Richardson/Hackett)

Report No. 13.24 PLANNING - L&E Court proceedings 2018/116820 DA 10.2017.712.1 Strata Subdivions and dwelling Alterations, 25 Strand Avenue New Brighton

File No: I2018/2017

18-730

Resolved that pursuant to section 377(1)(u) of the Local Government Act the General Manager is delegated to enter into an agreement pursuant to s34(3) of the Land and Environment Court Act for the granting of conditional consent for the alterations, additions and repositioning of an existing dwelling; and the strata subdivision of Lot 2, DP536175 (No 25) The Strand New Brighton to create 2 strata title lots. (Richardson/Hackett)

Crs Richardson, Cameron, Hunter, Coorey, Lyon, Ndiaye and Hackett voted in favour of the motion.

Nil voted against the motion.

Cr Spooner was not present for the vote.

Report No. 13.25 Update on Environmental Zone review and Planning Proposal implementation process

File No: I2018/2033

18-731

Resolved:

1. That Council re-allocate $30,000 as part of the December Budget Quarterly Review in order to: continue the staged E zone implementation program, build on the high level of community goodwill generated through the preparation of Planning Proposals 1 and 2; and resolve the deferred matters for our affected rural landowners in a timely manner.

2. That the $30,000 be re-allocated as follows:

· Employment Land Strategy (# 2605.106): $10,000

· Mullumbimby Masterplan Project Plan (# 2605.112): $20,000 (Richardson/Hackett)

Report No. 13.27 PLANNING - Change of use - dwelling house to incorporate bed and breakfast accommodation, and use of existing shed to create dual occupancy (detached)

File No: I2018/2109

18-732

Resolved that Pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, development application no. 10.2018.288.1 for change of use - dwelling house to incorporate bed and breakfast accommodation, and use of existing shed to create dual occupancy (detached), be granted consent subject to the recommended conditions of consent. (Richardson/Hackett)

Crs Richardson, Cameron, Hunter, Coorey, Lyon, Ndiaye and Hackett voted in favour of the motion.

Nil voted against the motion.

Cr Spooner was not present for the vote.

Staff Reports - Infrastructure Services

Report No. 13.29 A proposal from the community to name a section of Heritage Park Mullumbimby 'Maslen Arboretum'

File No: I2018/1521

18-733

Resolved that in relation to the request to name a section of Heritage Park, Mullumbimby to ‘Maslen Arboretum’, that:

1. Staff proceed to exhibit the proposal for 28 days as per Council’s Naming of Public Places and Community Facilities Policy;

2. Staff report any submissions regarding the proposal to Council following this period; and

3. Should no objections be received for the proposal, that the new naming be adopted and submission made to the NSW Geographical Names Board for approval and registration.

(Richardson/Hackett)

Report No. 13.30 The Esplanade, New Brighton

File No: I2018/1356

18-734

Resolved:

1. That, subject to a suitable funding source being identified in the next 2018/19 quarterly budget review or being identified the 2019/20 budget:

a) Implement parking management Option 1 within the area hatched blue in Figure 1 of this report, being from No.1 to No.13 The Esplanade, New Brighton as detailed on drawing No. 2668-CP1/A and 2668-CP2/A at an estimated cost of between $75,000 and $90,000.

b) Restrict parking to a maximum of 4hr between the hours of 9.00am and 6.00pm daily and include restrictions for “No Camping”.

2. That Council consider the provision of a budget of $20,000 as part of the 2019/20 budget process to advance further investigation and concept design preparation of parking options and associated indicative costs in the New Brighton beach area generally.

3. That Council receive a further report within 6 months after the implementation of Option 1 on the performance of the parking management measures and additional parking options for the New Brighton beach areas. (Richardson/Hackett)

Report No. 13.31 Asbestos Policy

File No: I2018/1912

18-735

Resolved that Council adopt the Draft Asbestos Policy (Attachment 1 - #E2018/31878).

(Richardson/Hackett)

Reports of Committees - Sustainable Environment and Economy

Report No. 14.1 Report of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 25 October 2018

File No: I2018/2104

18-736

Resolved that Council note the minutes of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 25 October 2018. (Richardson/Hackett)

18-737

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.4 Climate Emergency Declaration

File No: I2018/1987

Committee Recommendation 4.4.1

1. That the Sustainability and Emissions Reduction Advisory Committee provides the following input into terms of reference, membership for, and where Council has a role to play in a community-led Climate Emergency Guidance Group as it develops a Shire-wide Community Climate Emergency Plan:

a) That the Terms of Reference for the community-led climate change adaptation plan consider:

i) resilience in coastal erosion risk & sea level rise areas

ii) agriculture

iii) heat waves

iv) bush fires

v) floods

vi) social dislocation / impacts

vii) food security.

b) That the following be invited via newspaper ad, email, or direct contact to the first meeting to be held in about a month with Cr Coorey to be champion of meeting:

· Foundation for Rural & Regional Renewal (FRRR),

· Zero Emissions Byron (ZEB),

· disaster and emergency response,

· social services.

c) That the Scope be:

i) implementation plan/ action checklist;

ii) acknowledging and supporting work already being done by existing mitigation groups (including ZEB and Community-Owned Renewable Energy Mullumbimby [COREM])

iii) identifying gaps.

d) That Council support through facilitation of the initial meeting and identify desirable membership that covers the Shire and areas listed in the first dot point.

(Richardson/Hackett)

Reports of Committees - Infrastructure Services

Report No. 14.2 Report of the Coastal Estuary Catchment Panel Meeting held on 27 September 2018

File No: I2018/1951

18-738

Resolved that Council note the minutes of the Coastal Estuary Catchment Panel Meeting held on 27 September 2018. (Richardson/Hackett)

18-739

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 4.1 Water Sensitive Urban Design Policy Strategy

File No: I2018/957

Committee Recommendation 4.1.1

1. That the Panel note the report and commend Council for undertaking this initiative.

2. That staff circulate questions from the presentation to Panel members and Panel provide feedback within 2 weeks.

3. That the Panel will have a workshop to discuss questions in the end of October 2018.

(Richardson/Hackett)

18-740

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 4.2 Belongil Entrance Opening Strategy Update

File No: I2018/1654

Committee Recommendation 4.2.1

That the Panel note the report. (Richardson/Hackett)

Report No. 14.3 Report of the Water, Waste and Sewer Advisory Committee Meeting held on 1 November 2018

File No: I2018/2150

18-741

Resolved that Council note the minutes of the Water, Waste and Sewer Advisory Committee Meeting held on 1 November 2018. (Richardson/Hackett)

18-742

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 4.1 Effects of water mining in Byron and surrounding shires on groundwater resources

File No: I2018/1920

Committee Recommendation 4.1.1

1. That the committee note the report.

2. That Council request information from surrounding shires, Rous County Council, Southern Cross University and DOI on:

a) Current water extraction quantities and locations

b) Research on short term and long term impacts of these activities on aquifers and ground water resources. (Richardson/Hackett)

18-743

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 4.2 Inflow and Infiltration Update

File No: I2018/1957

Committee Recommendation 4.2.1

1. That the Committee note the report.

2. That the Inflow and Infiltration staff ensure that there is communication plan established for the project.

3. That staff investigate the potential compliance aspects around Inflow and Infiltration defects. (Richardson/Hackett)

18-744

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 4.3 Minutes of 13 September 2018 meeting - Water, Waste and Sewer Advisory Committee

File No: I2018/2020

Committee Recommendation 4.3.1

That the Water, Waste and Sewer Advisory Committee note the minutes of 13 September 2018 meeting which were reported to 18 October 2018 Council meeting.

(Richardson/Hackett)

Confidential Reports - Sustainable Environment and Economy

Report No. 16.1 Confidential - Request for review of Footpath Dining Fees

File No: I2018/2038

18-745

Resolved that Council not change the current fees and charges in relation to Safya Café’s use of Council’s road reserve for footpath dining. (Richardson/Hackett)

Confidential Reports - Infrastructure Services

Report No. 16.3 Confidential - TENDER 2018‐0033 ‐ PUBLIC AMENITIES CLEANING SERVICES

File No: I2018/2128

18-746

Resolved:

1. That Council decline all tenders and a new performance specification and service schedule be created that considers available budget against desired levels of service.

2. That Council makes public its decision (Richardson/Hackett)

Cr Spooner returned to the chambers at 11:35am.

Notices of Motion and Rescission

PROCEDURAL MOTION

18-747

Resolved that Council change the order of business to deal with Reports 9.1, 9.2, 13.1. 13.3, 13.17, 13.19, 13.21, 13.26, 13.28, 13.32 next on the Agenda. (Richardson/Hackett)

The motion was put to the vote and declared carried.

Notice of Motion No. 9.1 Councillor Privacy and Safety

File No: I2018/1990

18-748

Resolved:

1. That Council’s Councillor Expenses and Facilities 2018 Policy, section 6.43.1c) be amended to read that ‘Councillors can choose to have either; a mobile or landline number made available to the public, or to be contacted by email’

2. That any required adjustments be made to secure the provision for reimbursement of the communication allowance (Coorey/Ndiaye)

The motion was put to the vote and declared carried.

Crs Spooner and Hunter voted against the motion.

Notice of Rescission Motion No. 9.2 Tyagarah Clothes Optional Declaration - Results of the enhanced stakeholder safety initiatives of Res 17-499 and Res 17-715

File No: I2018/1992

Moved that Council rescind Resolution No. 18-698 from its Ordinary meeting held on 18 October 2018 which reads as follows:

1. Acknowledge the improvement in beach safety at Tyagarah and thank the Safe Beaches Committee, NSW Police and stakeholders.

2. Confirm the current status and area for the clothes optional beach at Tyagarah with 6 monthly reporting to Council on progress.

3. Council establish a Safe Byron Beaches Committee meeting quarterly to cover all beaches and adjacent environs in Byron Shire.

4. The Safe Byron Beaches Committee be established with a constitution and paramount objective to identify and promote cooperative actions to ensure a safe environment for all beach users in Byron Shire.

5. The Safe Byron Beaches Committee membership include representatives from Council, NPWS, Police, naturists and residents and be chaired by a councillor nominated by Council.

6. The nominated Chairperson of the Safe Byron Beaches Committee with the support of Council, consult with stakeholder groups to draft a constitution for endorsement at the November meeting of Council that includes the following key actions

· Liaise with NSW Police and other agencies

· Develop rapid response and reporting protocols

· Implement strategies to support beach user groups and individuals

· Focus resources on identified problem locations (eg Grays Lane)

· Consider how digital technologies (eg cameras) can be deployed

· Draft a positive statement of community values

· Provide advice to Council

· Other measures that achieve the paramount objective

7. That Council allocate a budget of $10,000, subject to confirmation of funding being available as part of the 30 September 2018 Quarter Budget Review to be submitted to Council at the 22 November 2018 Ordinary Meeting for the installation of up to 20 battery operated cameras recording vehicle registration and personal behaviour in the reserve.

(Spooner/Hackett)

Procedural Motions

18-749

Resolved that Cr Spooner be granted a two minute extension to his speech. (Richardson/Hunter)

The motion was put to the vote and declared carried.

18-750

Resolved that Cr Hackett be granted a two minute extension to her speech. (Richardson/Spooner)

The motion was put to the vote and declared carried.

18-751

Resolved that Cr Ndiaye be granted a one/two minute extension to her speech. (Richardson/Cameron)

The motion was put to the vote and declared carried.

18-752

Resolved that Cr Richardson be granted a two minute extension to his speech. (Hackett/Spooner)

The motion was put to the vote and declared carried.

Cr Lyon left the Chambers at 12:20pm and returned at 12:24pm

18-753

Resolved that Cr Cameron be granted a two minute extension to his speech. (Richardson/Coorey)

The motion was put to the vote and declared carried.

The motion (Spooner/Hackett) was put to the vote and declared tied.

Crs Richardson, Spooner, Lyon, and Hackett voted in favour of the motion.

Crs Coorey, Ndiaye, Cameron, and Hunter voted against the motion.

The Mayor used his casting vote and declared the motion lost.

The meeting adjourned at 12:39pm for a lunch break and reconvened at 1:42pm.

Notice of Rescission Motion No. 9.6 Suffolk Beachfront Holiday Park Dog Friendly Report

File No: I2018/2149

18-754

Resolved that Council rescind Resolution No. 18-625 from its Ordinary meeting held on September 2018 which reads as follows:

1. That Council adopt Suffolk Beachfront Holiday Park as a Dog Friendly Park in accordance with the dog friendly site map, during off peak times

2. Request that the Biodiversity Advisory Committee provide an assessment on potential impacts of the change in status of the Suffolk Beachfront Holiday Park to a Dog Friendly Park on the surrounding environment

3. That Council increase ranger patrols in this area, as per availability, to ascertain any increased non-compliance (Coorey/Richardson)

The motion was put to the vote and declared carried.

Crs Hackett, Spooner, and Hunter voted against the motion.

18-755

Resolved that Council:

1. Notes Council’s Responsible Dog ownership strategy and the campaign currently underway in Suffolk Park to implement koala friendly dog ownership

2. Notes the lack of consultation with the Biodiversity Officer of Council who is implementing the Responsible Dog ownership strategy

3. Notes the lack of consultation with key stakeholder groups including local aboriginal groups, National Parks, the resident community and the Biodiversity Committee

4. Does not support the dog friendly status of Suffolk Caravan Park.

5. Directs that no further bookings be taken by patrons with dogs and that any bookings for 2019 be cancelled and the guests referred to other dog-friendly parks in the shire. (Coorey/Richardson)

The motion was put to the vote and declared carried.

Crs Hackett, Spooner, and Hunter voted against the motion.

Cr Lyon left the Chambers at 2:14pm and returned at 2:16pm.

Report No. 13.1 Lease for Signage on Ewingsdale Road to Ganra Pty Ltd

File No: I2018/1717

18-756

Resolved that Council defer its decision until after its consideration as part of the enquiry by design process commencing in 2019. (Richardson/Cameron)

The motion was put to the vote and declared carried.

Cr Hunter voted against the motion.

The meeting adjourned at 2:30pm to hold the Reserve Trust Meeting and reconvened at 2:33pm. Resolution number 18-757 and 18-758 was used during that meeting.

No. 13.3 Crown Lands Transition

File No: I2018/2123

18-757

Resolved:

1. That Council resolve to apply to the Minister administering the Crown Lands Management Act for initial classifications and categorisations set out in Attachments 1 and 2 (E2018/90298 and E2018/90299) with the exception of the following parcels of land:

i) Reserve 97204 Caravan and Camping Brunswick Heads to be proposed to be classified as Community Land

ii) Reserve 65234 Rubbish depot, noted that further review is required

2. That in relation to Sandhills Estate (part reserve number 755695/part Lot 457 in DP 1087879) Council:

(a) Confirms its commitment to ongoing discussions with Arakwal / Byron Bay Bundjalung consistent with the Indigenous Land Use Agreement that includes reference to Sandhills Estate and the NSW Aboriginal Land Council as claimants under the Aboriginal Land Rights Act 1983 (NSW), including presentation to the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) on 13 December 2018.

(b) Resolves to apply to the Minister administering the Crown Lands Management Act for a one-off vesting application, subject to the outcome of those ongoing discussions.

(c) If the outcome of those discussions does not support the application, a further report be brought back to Council in February 2019. (Cameron/Ndiaye)

The motion was put to the vote and declared carried.

Report No. 13.17 PLANNING – 26.2018.2.1 - Planning Proposal for an amendment to Byron LEP 2014 and Byron LEP 1988 to permit Community Title subdivision and dwellings at Lot 1 DP 1031848, The Coast Road, Broken Head (The Linnaeus Estate)

File No: I2018/1773

18-760

Resolved that Council:

1. defer decision on this Planning Proposal;

2. that it be brought to a Strategic Planning Workshop for further consideration, and

3. that a visit to the site by councillors be arranged. (Coorey/Richardson)

The motion was put to the vote and declared carried.

Crs Richardson, Cameron, Spooner, Hunter, Coorey, Lyon, Ndiaye and Hackett voted in favour of the motion.

Nil voted against the motion.

Report No. 13.19 CZMP for the Eastern Precincts of the BBE - Request for Ministerial Certification Outcome

File No: I2018/1973

18-761

Resolved that Council:

1. Request an urgent meeting with the Minister for the Environment, the Hon Gabrielle Upton and the NSW State Premier, Gladys Berejiklian asking for the re-consideration of Ministerial certification of the Coastal Zone Management Plan of the Eastern Precincts of the Byron Bay Embayment (2018).

2. Writes to the Minister for the Environment, the Hon Gabrielle Upton and the NSW State Premier, Gladys Berejiklian:

a. Outlining its extreme disappointment that a cooperative process between state government and Byron Council appears to have been subverted due to disproportionate influence by a few local landowners, as mentioned in the latest letter to council by OEH staff who stated,” The decision to separate the previous CZMP BBE (2016) into two locations and develop a newly formed plan excluding the Belongil Spit has not satisfied key stakeholders within the local community - most notably the landholders of properties at Belongil Beach”.

b. Outlining the apparent gross disproportionate weight given to the opposition of the CZMP by a few local landowners, as mentioned in the latest letter to council compared to the absence of opposition from the wider community, and therefore seek a formal response from the Minister as to whether she believes that opposition by one stakeholder group should supersede that of the wider community.

c. Noting that this response from OEH is conflicting with the Minister’s original invitation to re-submit a plan excluding the Belongil Spit and subsequent advice clarifying this avenue for certification of the plan.

d. Seeking the Minister’s reconfirmation of her position, and the position of OEH and the Coastal Panel that the majority of the plan (with the exception of the Belongil Spit Precinct) met relevant requirements of a CZMP BBE (2016).

e. Inquiring as to whether the Minister now believes the further advice from her office received on 27 October 2017 that clarified the Minister’s invitation to re-submit a plan excluding the Belongil Spit and urged Council to being working on a Coastal Management Program (CMP) for the Belongil Beach precinct under the new coastal legislation was incorrect.

f. Outlining that after receiving this further advice, Council staff worked in close consultation with representatives of the Office of the Environment and Heritage (OEH) for 8 months to develop the CZMP (2018) that conform to the assessment and designated certification criteria of the CP Act and that pursuant to section 55C(2)(b) of the Act, Council gained written correspondence from all public authorities indicating their agreement to the plan and therefore, seek a response from the Minister as to whether she supports this consultation between OEH and council or the changes brought about due to the opposition by a few local landowners, as mentioned in the latest letter to council.

g. Outlining Council significant concern that, as the coastal protection works at Main Beach (JSPW) are degraded and not to contemporary engineering standards, any undue delay resultant of the latest conflicting advice from OEH and refusal of certification of the Coastal Zone Management Plan of the Eastern Precincts of the Byron Bay Embayment (2018), puts at extreme risk Council’s commitment to the re-design, upgrade and modification of this structure as part of the Jonson Street coastal protection works to protect the Town Centre and improve public safety and amenity.

h. That Local Member, Tamara Smith, and Parliamentary Secretary for the North Coast, Ben Franklin, be informed of this resolution and their support sought

(Richardson/Ndiaye)

Procedural Motion

18-762

Resolved that Cr Richardson be granted a two minute extension to his speech. (Richardson/Cameron)

The motion was put to the vote and declared carried.

The motion (Richardson/Ndiaye) was put to the vote and declared carried.

Report No. 13.21 Update on the release of the Short Term Rental Accommodation Planning Framework by the Department of Planning and Environment

File No: I2018/1993

18-763

Resolved that Council:

1. Note the update on the release of the short term rental accommodation planning framework by the Department of Planning and Environment provided in the report.

2. Write (again) to the Minister for Planning to seek an urgent meeting to request a deferral of Byron Shire from the new state-wide planning rules (pause to implementation). This pause is necessary to enable a full consideration of the current impact of, and that of the proposed planning rule changes to legitimise short term rental accommodation on Byron Shire in terms of environmental, social and economic impacts. That Council also include reference in the letter to the undermining of decades of planning of residential zones in Byron Shire that has been caused by the sudden increase of short-term letting businesses in residential areas. That Council also provide examples of areas where the approach of restricting short term letting to owner occupiers has proven effective, such as Santa Monica

3. Concurrent with 2 above, write to the Department of Planning and Environment to advise that Council has significant concerns in relation to the planning rules as exhibited including:

i) the burden to be placed on council to enforce the planning rules;

ii) the lack of a coherent registration system including fees for short term rental accommodation to resource council with the enforcement role of short term rental accommodation;

iii) the absence of a Code of Conduct to inform the planning rules;

iv) the ambiguity in the planning rules due to the definition of ‘short term rental accommodation’ and exempt and complying criteria applicable to same;

v) the known impact of short term rental accommodation on local neighbourhoods, community, and other tourist accommodation and failure to address this;

vi) the known impact on housing availability and affordability and failure to address this;

vii) the lack of recognition of the clear detriment to local communities with high tourist numbers caused by commercial investors in residential areas.

vii) the number of days policy position which conflicts with other State Government policy initiatives to address housing affordability, local character and place planning and needs review.

4. Concurrent with 2 and 3 above, make a formal submission to Department of Planning and Environment to the planning rules as exhibited to include the following as local exceptions to the planning rules for Byron Shire through either a state wide planning policy schedule or Byron local environmental plan amendment:

i) require the ‘dwelling’ used for short term rental accommodation to be the principle place of residence of the owner;

ii) a reduction in the number of days that short term rental accommodation is permissible from 365 days to 90 days (not 180 days);

iii). In the event that a reduction to 90 days is not possible, than under the current rules, an application for 180 days be made in its place

iv) require the owner or manager of a property used for short term rental accommodation to register on a Byron Shire Council Short Term Rental Accommodation Register;

v) exclude short term rental accommodation from (to be nominated) areas in the Byron Shire that are needed for permanent residential and key worker accommodation.

(Lyon/Richardson)

The motion was put to the vote and declared carried.

Cr Hunter voted against the motion.

The meeting adjourned at 3:38pm and reconvened at 4:00pm.

Report No. 13.26 West Byron Release Area Zone Application Review

File No: I2018/2105

18-764

Resolved that Council:

1. Notes the report on the West Byron Release Area zone application review

2. Considers the alternate West Byron Release Area zone application plan (Attachment #E2018/88447) for the purpose of preparing a formal planning proposal for the West Byron Release Area.

3. Embeds where appropriate the design parameters as shared during public access in the planning proposal mapping.

4. Through the Mayor, request an urgent meeting with the Minister for the Planning, the Hon Anthony Roberts and the NSW State Premier, Gladys Berejiklian to discuss the importance of the West Byron area zone application review and the need to expedite a planning proposal for the West Byron Release Area. (Coorey/Richardson)

Procedural Motion

18-765

Resolved that Cr Coorey be granted a two minute extension to her speech. (Richardson/Coorey)

The motion was put to the vote and declared carried.

The motion (Coorey/Richardson) was put to the vote and declared carried.

Cr Hunter voted against the motion.

Report No. 13.28 PLANNING - DA10.2018.296.1 Construct Three New Sheds and approve the use of a fourth existing shed to be used by the Men Shed Organisation

File No: I2018/2113

18-766

Resolved:

1. That the existing shed be approved with any appropriate conditions as per #E2018/108326

2. That the Community Gardens Policy and Plan of Management be reviewed to allow the community to consider further uses and application for further sheds. (Hunter/Lyon)

The motion was put to the vote and declared carried.

Crs Richardson, Cameron, Spooner, Hunter, Coorey, Lyon, Ndiaye and Hackett voted in favour of the motion.

Nil voted against the motion.

Report No. 13.32 Pedestrian safety improvements - South Beach Road pathway, Brunswick Heads

File No: I2018/2152

18-767

Resolved:

That Council allocate $10,000 from the Sect 94A levy reserve to provide pedestrian safety improvements with materials and design to be finalised in consultation with the Brunswick Heads Progress Association and other key stakeholders. (Cameron/Coorey)

The motion was put to the vote and declared carried.

Notices of Motion and Rescission

Notice of Motion No. 9.3 Joint Regional Planning Panel assessment of Development Application 2018NTH007

File No: I2018/2133

Cr Lyon withdrew the Notice of Motion.

Notice of Motion No. 9.4 Community Resilience and Recovery during Natural Disasters

File No: I2018/2134

18-768

Resolved that Council facilitate a meeting between the SES and residents groups in Mullumbimby to provide an update on the Community Action Team (CAT) initiative and consider future actions. (Cameron/Richardson)

The motion was put to the vote and declared carried.

Notice of Motion No. 9.5 Cycle Racks for Mullumbimby

File No: I2018/2135

Moved: that Council allocate $15,000 from S94 funds to manufacture and install cycle racks at various locations in Mullumbimby. (Cameron/Hunter)

The Mover and Seconder withdrew the Notice of Motion.

Petitions

Cr Spooner tabled a petition dated 4 November 2018 containing 82 signatures which states:

“We the undersigned residents of Byron Shire request Byron Shire Council to remove the clothes optional status of Tyagarah Beach due to the ongoing prevalence of sexual misconduct. Safety should be the top priority”

Delegates' Reports

There were no delegates reports.

Staff Reports - Corporate and Community Services

Report No. 13.6 Report of the Public Art Panel Meeting 11 October

File No: I2018/1985

18-769

Resolved that with respect to the Public Art Panel meeting held on 11 October 2018, Council:

1. Grant the preferred artist, as per attachment 1, the commission for the Railway Square Public Art Project.

2. Not accept any of the artist submissions for the commission for the Bus Shelters Public Art Project and note that the Public Art Panel’s sub-committee on this project has worked with staff to provide the options in this report incorporating public art.

3. That Council:

a) Council select the two shortlisted bus shelter designs from attachment 2: NWR Shelter (Asco) and Shelter Transit Byron 3 Bay (Moodie Outdoor) that will:

i) Standardise the replacement of over forty bus shelters throughout the Byron Shire as funding becomes available.

ii) Allow flexibility for Council officers to choose the best bus shelter to suit the location and dimensions of each bus stop with the priority being that the choice of shelter is capable of providing decent protection of users from sun, wind and rain.

b) Delegate the choice of a colour pattern to be used in the two shortlisted bus shelter designs to the Public Art Panel.

c) Council request quotes from each of the three shortlisted artists that responded to the Bus Shelter Pubic Art Project Expression of Interest to provide a design for artwork that can be stencilled into a durable material for incorporation into the Bus Shelters.

4. That Council note that the Public Art Panel provided feedback and comments to the planner and representatives of the Mercato development about the proposed public artwork and that endorsement was provided for the concepts presented of the ‘feather’ seat in the public domain and the second piece of canopy art at the side of the building.

5. Provide in-principle support for a new sculpture for Mullumbimby Sculpture Walk – ‘Elevate’ by Ellen Ferrier, however before recommending approval for the sculpture, that engineering and structural designs be provided with the height risks resolved and that these be provided to the next available Public Art Panel meeting. (Ndiaye/Richardson)

The motion was put to the vote and declared carried.

Report No. 13.11 Section 355 Management Committees - resignations and appointments

File No: I2018/2019

18-770

Resolved:

1. That the resignation of Adrienne Lester from the Bangalow A&I Hall Board of Management be accepted and a letter of thanks be provided.

2. That the nominee in Confidential Attachment 1 (#E2018/85809) be appointed to the Mullumbimby Civic Hall Board of Management.

3. That the nominees in Confidential Attachment 1 (#E2018/85809) be appointed to the Durrumbul Community Hall Management Committee.

4. That the nominee in Confidential Attachment 1 (#E2018/85809) be appointed to the Suffolk Park Community Management Hall Management Committee. (Lyon/Cameron)

The motion was put to the vote and declared carried.

Report No. 13.12 Election of Deputy Mayor 2018-2019

File No: I2018/2039

18-771

Resolved:

1. That Council elect a Deputy Mayor for the period from 22 November 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.

3. That Council acknowledge and thank Cr Cameron for his role as Deputy Mayor over the previous 2 years (Spooner/Richardson)

The motion was put to the vote and declared carried.

The returning officer advised that there were two nominations for Deputy Mayor being Cr Lyon and Cr Hunter.

Following the election the returning officer declared Cr Lyon elected as Deputy Mayor for the ensuing 12 month period.

Staff Reports - Sustainable Environment and Economy

Report No. 13.16 Coastal Management Conference and potential for Byron Shire Council to host

File No: I2018/609

18-772

Resolved:

1. That Council note the unsuccessful outcome of the bid to host both the NSW Coastal Conference 2019 and the next unallocated Australian Coastal Councils Conference.

2. That Council pursue the option of co-hosting the next available NSW Coastal Conference with a neighbouring coastal Council in 2020. (Hackett/Richardson)

The motion was put to the vote and declared carried.

Confidential Reports - Infrastructure Services

Report No. 16.2 Confidential - 2017-0069 RFT Byron Shire Council Bioenergy Projects – Bankable Feasibility Study

File No: I2018/1892

18-773

Resolved:

1. That pursuant to Section 10A(2)(c), (d)i, (d)ii and (d)iii of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report 2017-0049 RFT Bioenergy Facility.

2. That the reasons for closing the meeting to the public to consider this item be that the report contains:

a) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

b) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it

c) information that would, if disclosed, confer a commercial advantage on a competitor of the council

d) information that would, if disclosed, reveal a trade secret

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:

a) disclosure could adversely impact Council's position in any upcoming negotiations.

(Cameron/Richardson)

The motion was put to the vote and declared carried.

18-774

Resolved:

1. That Council award Tender 2018-0069 Byron Shire Council Bioenergy Projects – Bankable Feasibility Study be awarded to both HZ-Inova for amount of $100,000 (ex GST).and Skala for the amount of $190,707 (ex GST).

2. That the project’s total budget allocation be adjusted from $250,000 to $856,000 for the 2018/2019 Financial year with additional funding of $606,000 provided from available Sewerage S64 Fund Reserves.

3. That Council delegate to the General Manager the authority to administer this contract to the contract value plus the contingency value nominated in this report.

4. That Council authorise the affixing of the Council seal to all documents that may require it, in regards to the Contract.

5. That Council makes public it decision including the name and amount of the successful tenderer in accordance with Clause 179(b) of the Local Government (General) Regulation 2005.

6. That the report remains confidential until the contract is finalised.

(Cameron/Richardson)

The motion was put to the vote and declared carried.

18-775

Resolved that the meeting move out of confidential session. (Cameron/Richardson)

The motion was put to the vote and declared carried.

URGENCY MOTION

Procedural Motion

18-776

Resolved that the matter of ‘Planning Proposal for the Byron Bay CBD (26.2017.6.1)’ be dealt with as a matter of urgency due to the Planning Proposal in question has already been forwarded onto the Department of Planning, it is reasonable to request an amendment as quickly as possible to avoid unnecessary assessments. (Richardson/Coorey)

The motion was put to the vote and declared carried.

Crs Hackett, Spooner, and Hunter voted against the motion.

No. 1 Matter of Urgency - Planning Proposal for the Byron Bay CBD (26.2017.6.1)

18-777

Resolved:

1. The Planning Proposal for the Byron Bay CBD (26.2017.6.1) be amended to maintain the maximum building height control for the southern end of Jonson Street at 9 metres, as currently mapped under Byron LEP 2014. This will apply to those properties in Byron Bay that are currently zoned B2, located on the eastern side of Jonson Street, between Kingsley and Browning Streets and bound by Ruskin and Middleton Lanes.

2. That Council advise the Department of Planning and Environment of this change to the Planning Proposal, for their consideration in relation to a Gateway Determination.

(Richardson/Coorey)

The motion was put to the vote and declared carried.

Crs Hackett, Spooner, and Hunter voted against the motion.

There being no further business the meeting concluded at 5:57pm.

I hereby certify that these are the true and correct Minutes of this Meeting

as confirmed at Council’s Ordinary Meeting on 13 December 2018.

….…………………………

Mayor Simon Richardson