Minutes
Ordinary (Planning) Meeting
Thursday, 19 March 2020
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes
19 March 2020
The following items are listed in the order in which they were dealt with.
Report No. 13.3 Koala Habitat Protection SEPP 2019 and its implications for Byron Shire
Report No. 13.6 PLANNING - Design Excellence Panel
Report No. 13.7 Draft Biodiversity Conservation Strategy
Report No. 13.8 PLANNING - Report of the February 2020 Planning Review Committee
Report No. 13.10 PLANNING - Resolution 19-553 Review of Council's Signage Policy
Report No. 13.5 Sustainable Visitation Strategy - Public Exhibition
Report No. 13.4 PLANNING - Draft Local Strategic Planning Statement
Urgency No. 1 Public access and public attendance at Council meetings
Urgency No. 2 Making of a late submission to Telstra regarding 5G Technology
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 19 March 2020
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 19 March 2020 COMMENCING AT 11.02AM AND CONCLUDING AT 3.25PM
I2020/424
PRESENT: Cr S Richardson (Mayor), Cr B Cameron, Cr C Coorey, Cr A Hunter, Cr J Martin and Cr S Ndiaye
Staff: Mark Arnold (General Manager)
Vanessa Adams (Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Chris Larkin (Manager Sustainable Development)
Mila Jones (Minute Taker)
The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.
Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:
Report No and Title |
For/ |
Name |
Representing Organisation |
|
13.2 |
Development Application 10.2019.103.1 Restaurant and Planning Agreement for Upgrade of Public Road and Carpark at 784 Coolamon Scenic Drive Coorabell |
For |
Karina Vikstrom |
Newton Denny Chapelle |
Paschal Grenquist |
|
|||
Against |
John Anderson |
|
||
13.5 |
Sustainable Visitation Strategy – Public Exhibition |
Against |
Matthew O’Reilly |
CABS |
13.9 |
Further report following resolution 19-569 10.2019.301.1 demolition of existing dwelling house and construction of two (2) new dwellings and two (2) swimming pools to create dual occupancy at 16 Short Street Brunswick Heads |
For |
George Stinson |
|
Fay Jackson |
|
Submissions
Subject |
Name |
Representing Organisation |
Proposed 5G Tower Dalley St Mullumbimby |
Tashi Lhamo |
Stop 5G Northern Rivers NSW |
Sustainability of Byron Shire Versus continued unrestrained growth |
Matthew O’Reilly |
CABS |
The limits of denial |
John Anderson |
|
Question No 1: Café at Scarabelloti’s Lookout
Su Ming Elaine Kwee asked the following question:
On parking and vehicular access: Please explain how DCP Chapter 1 Part G 2010’s requirement for 15 spaces has been reduced to only 8, of which only 4 are attributable to the 40 seater cafe. There will be increased traffic and inevitable parking on the side of Coolamon Scenic Drive, which is an arterial road with 80kmh speed limit, connecting the major towns and attractions of Bangalow, Federal, Crystal Castle and Mullumbimby. Will Council impose a 60 kmh speed limit? Increased traffic flow along that part of Coolamon Scenic Drive will also endanger koalas; there is a koala blackspot between Crystal Castle and 906 Coolamon Scenic Drive. A 60 kmh speed limit will be desirable starting at the residential area around 910 Coolamon Scenic Drive southwards to the cafe.
The Director Sustainable Environment and Economy responded:
1. Car parking
The assessment of the Development Application required a total of 15 spaces under Byron DCP 2010 as follows.
Parking Assessment
Restaurant – 112m2GFA
Parking Rate – 1 space per 7.5m2GFA
Total Parking required = 15 parking spaces required
It is noted the other assessment tool under the DCP is 1 space per 3 seats which would equate to only 13 spaces, however the DCP requires the greater number of spaces to be used.
Eleven spaces are provided on site with a shortfall of 4 spaces. The applicant seeks to provide a further 8 formed spaces by way of the planning agreement and conditions of consent on Scarabelottis Lookout.
This equates to a total of 19 spaces.
2. Traffic Speeds
The question asks whether Council will impose a 60 Km/h speed limit.
In terms of access to the property via Scarrabelotti’s Lookout, Conditions of consent have been imposed to upgrade the intersection having regard to the current regulated speed environment of 80Km/h within the existing road reserve. This includes widening of the driveway into the Lookout and construction of intersection treatment as per Austroads including the provision of turning lanes from both sides of the road.
The surrounding environment caters for the designated speed limit and there is no requirement to reduce the speed limit to 60km/hr.
The relevant conditions of consent in relation to the above matters are 24 and 26.
Question No 2: Byron Coastal Koala Management
Matthew O’Reilly, representing CABS asked the following question:
Will Byron Shire Council be updating the Byron Coastal Koala Plan of Management after the current 2012 Plan is approved by the Department. The 2012 Plan is severely deficient and was gutted by the last Council before it was adopted. While we understand the need to get some sort of plan in place ASAP the community has an expectation that Council will re-exhibit a new updated plan within the next 12 months. Will this be occurring?
The Director Sustainable Environment and Economy responded:
The Byron Coast Koala Plan of Management (CKPoM) was adopted in 2016 and was developed from a baseline study done in 2012 by Dr Stephen Phillips. It identifies Potential Koala Habitat across our coastal management area using five preferred koala food trees specific to Byron Shire. All Potential Koala Habitat that falls within the identified Koala Management Precincts is considered core koala habitat and is subject to the provisions within Part 2 of our CKPoM, but only if the CKPoM is ratified by the Department under Clause 17 of the new SEPP.
Given the speed of the new Koala Habitat Protection SEPP enactment, the decision to have our coastal koalas and their habitat protected by our own CKPoM is considered most sound. The enactment of the new SEPP and late release of the SEPP guidelines meant the decision was based on providing our coastal koalas immediate protection under the new SEPP, as there was zero confidence that the new SEPP requirements would be better than our own. Please note that having the chance to provide feedback to the Department on the Guidelines only came after much discussion, and at the very last minute before their release.
The first priority AFTER submitting our review of the guidelines will be to develop a Biodiversity DCP as this is the fastest way to protect koalas and habitat in areas that are not covered by the CKPoM. The development of a new KPoM will require extensive survey, one of the points that will be covered in our submission to the Department. The survey requirement is onerous given the large amount of identified area on the mapping. Then of course, it will be followed by extensive public exhibition.
Once we have a clearer picture on the survey component of developing a new KPoM, a decision will likely go to Council regarding whether we do the Hinterland by itself or re-do the entire Shire.
Question No 3
The Mayor advised that the third registered question will not be permitted, giving reasons that reference by a third party to verbal discussions by a Councillor speaking in a private capacity at a private organisation’s meeting is fitting for a letter to the editor, rather than a formal question of Council.
The Mayor invited the person registered to reframe the question at a subsequent meeting.
The meeting adjourned at 11.40am and reconvened at 12.03pm.
There was a previous leave of absence granted for Cr Spooner, and apologies were received from Crs Hackett and Lyon.
Resolved that the apologies from Crs Hackett and Lyon be accepted and a leave of absence granted. (Richardson/Cameron) The motion was put to the vote and declared carried.
|
There were no requests for leave of absence.
Declarations of Interest – Pecuniary and Non-Pecuniary
There were no declarations of interest received.
Tabling of Pecuniary Interest Returns
There were no Pecuniary Interest Returns tabled.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the Ordinary (Planning) Meeting held 20 February 2020 be confirmed. (Hunter/Cameron) The motion was put to the vote and declared carried. |
Reservation of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be reserved for debate, being:
Staff Reports
Sustainable Environment and Economy
Report No. 13.2 PLANNING - Development Application 10.2019.103.1 Restaurant and Planning Agreement for Upgrade of Public Road and Carpark at 784 Coolamon Scenic Drive Coorabell
Report No. 13.4 PLANNING - Draft Local Strategic Planning Statement
Report No. 13.5 Sustainable Visitation Strategy - Public Exhibition
The remaining Recommendations were adopted as a whole, being moved by Cr Richardson and seconded by Cr Hunter. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 20-089 and concluding with Resolution No. 20-095.
Staff Reports - Sustainable Environment and Economy
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 13.2 and 13.5 next on the Agenda. (Richardson/Cameron) The motion was put to the vote and declared carried. |
There was no Mayoral Minute.
There were no petitions tabled.
There were no submissions and grants.
There were no delegates’ reports.
Staff Reports - Sustainable Environment and Economy
|
Procedural MotionS |
Resolved that Cr Cameron be granted a two minute extension to his speech. The motion was put to the vote and declared carried. |
Resolved that Cr Richardson be granted a two minute extension to his speech. (Ndiaye/Cameron) The motion was put to the vote and declared carried. |
AMENDMENT
Moved:
1. That Council not enter into the Planning Agreement as per Attachment 2 (E2020/14763) as it is not satisfied that a sufficient public benefit accrues to allow for the use of public land for parking for the restaurant.
2. That, pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application 10.2019.103.1 for restaurant and associated works be refused for the following reasons:
1. Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with Chapter 1 Part G of the Byron Shire Development Control Plan 2010 in relation to car parking. (Richardson/Ndiaye)
The amendment was put to the vote and declared lost.
Crs Richardson and Ndiaye voted in favour of the amendment.
Crs Coorey, Martin, Cameron and Hunter voted against the amendment.
The motion (Cameron/Coorey) was put to the vote and declared lost.
Crs Coorey and Cameron voted in favour of the motion.
Crs Martin, Ndiaye, Richardson and Hunter voted against the motion.
The meeting adjourned at 12.35pm for lunch and reconvened at 1.15pm.
|
Procedural Motion |
Resolved that the vote on this matter be recommitted. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
The Cameron/Coorey motion was put to the vote again and declared lost.
Crs Coorey and Cameron voted in favour of the motion.
Crs Martin, Ndiaye, Richardson and Hunter voted against the motion.
FORESHADOWED MOTION
|
Procedural Motions |
Resolved that Cr Coorey be granted a two minute extension to her speech. (Richardson/Cameron) The motion was put to the vote and declared carried. |
Resolved that Cr Richardson be granted a two minute extension to his speech. (Ndiaye/Coorey) The motion was put to the vote and declared carried. |
Resolved that Cr Cameron be granted a two minute extension to his speech. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
The motion (Ndiaye/Coorey)was put to the vote and declared carried.
|
Procedural Motion |
Resolved that the matter of ‘Public Access and public attendance at Council Meetings’ be dealt with as a matter of urgency due to the current and rapidly changing advice on measures to prevent the spread of COVID-19. (Richardson/Coorey) The Mayor ruled the matter to be of great urgency.
The motion was put to the vote and declared carried. |
|
Procedural Motion |
Resolved that Cr Ndiaye be granted a two minute extension to her speech. (Richardson/Coorey) The motion was put to the vote and declared carried. |
There being no further business the meeting concluded at 3.25pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 16 April 2020.
….…………………………
Mayor Simon Richardson