Minutes
Ordinary (Planning) Meeting
Thursday, 18 June 2020
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes
18 June 2020
The following items are listed in the order in which they were dealt with.
Report No. 13.1 Review of 12 month car share pilot program
Report No. 13.3 PLANNING - 26.2016.6 Update on The Farm at Ewingsdale Planning Proposal
Report No. 13.4 PLANNING - Report of the 14 May 2020 Planning Review Committee
Notice of Motion No. 9.1 Lots 1 and 2, 22 Teak Circuit, Suffolk Park.
Report No. 13.9 PLANNING - Submissions Report: Draft Byron Local Strategic Planning Statement
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 18 June 2020
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 18 June 2020 COMMENCING AT 9:08AM AND CONCLUDING AT 4:08PM
I2020/905
PRESENT: Cr S Richardson (Mayor) (left at 3:33pm), Cr B Cameron, Cr C Coorey (left at 3:29pm), Cr A Hunter, Cr M Lyon, Cr J Martin, and Cr S Ndiaye
VIRTUAL: Cr J Hackett and Cr P Spooner
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)
Ralph James (Legal Counsel)
Heather Sills (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:
Public Access
Report No and Title |
Name |
For/ Against |
Representing Organisation |
Submission Received in form of |
|
9.1 |
Lots 1 and 2, 22 Teak Circuit, Suffolk Park |
For |
Umberto and Lucy Colombo |
|
Read out by staff member |
13.2 |
Draft Residential Strategy Submissions Review Report - Consideration of site-specific submissions requesting designation as an Investigation Area
|
Against |
Kate Singleton & Dominic Finlay Jones |
Planners North & DFJ Architects |
In Person |
Gail Campbell & Leah Ross |
|
Zoom |
|||
13.7 |
PLANNING - DA 10.2020.61.1 Multi-Dwelling Housing Comprising Ten (10) Dwellings at 7 Julian Rocks Drive Byron Bay
|
Against |
Jordan Pachos |
|
Read out by staff member |
Wayne Byrne |
|
Read out by staff member |
|||
13.8 |
PLANNING - Planning Proposal 26.2019.11.1 - Lot 6 DP 8385 Yagers Lane, Skinners Shoot - Request for Dwelling Entitlement |
For |
Kelli Morrison Stevens |
|
In person |
13.10 |
PLANNING - Update on resolution 20-100 Reconsider carparking plan to Planning Agreement DA 10.2019.103.1 Restaurant at 784 Coolamon Scenic Drive Coorabell
|
For |
Doctor Paschal Grenquist |
|
In person |
Karina Vikstrom |
Newton Denny Chapelle |
Zoom |
|||
Against |
Miss Su Ming Elaine Kwee |
|
Read out by staff member |
||
Anthony Stante |
|
In person |
|||
John Anderson |
|
In person |
Submissions
Subject |
Name |
Submission Received in form of |
Bush Fire Safety |
John Anderson |
In person |
Questions |
Jan Barham |
Recording |
Question No. 1 Broadcast of Public Access
John Anderson had registered to ask a question relating to the broadcast of public access.
The Mayor ruled the question out of order as it includes a comment that is considered an insult or allegation and personal reflection.
Question No. 2 Illegal Camping at 784 Coolamon Scenic Drive
Michael Stavrou asked the following question in relation to item 13.10:
We know this site is a hot spot for illegal campers. We know that with the proposed widening of the road, clearing, and additional car spaces that it will attract even more campers. My question is, who will police this activity? The restaurant? The council (which hasn't in the past) or will the campers be self-regulating?
The Director Sustainable Environment and Economy took the question on notice.
Question No. 3 Residential Strategy
Rob Janson asked the following question:
Increasing housing adjacent to the corridor when/if it becomes active supports Direction 15 of the North Coast 2036 Regional Plan by allowing more people to safely walk and cycle to and from local work places, school and shops. Can the Residential Strategy include a provision for re-evaluation of the zoning of the land walking distance to town and adjacent to the rail corridor when/if the bike path and/or light rail is progressed?
The Director Sustainable Environment and Economy advised that this comment will be taken as part of a further review of the strategy, it is still a draft. When it is reported back we can make comment on that aspect.
The meeting adjourned at 11:52am and reconvened at 12:06pm.
There were no apologies.
|
Procedural Motion |
Resolved that Cr Martin be granted a leave of absence from the 25 June 2020 Ordinary Meeting of Council. (Richardson/Cameron) The motion was put to the vote and declared carried. |
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Hackett declared a non-pecuniary interest in Report 13.5 and 13.7. The nature of the interest being that she is a resident of the area. Cr Hackett elected to remain in the Chamber and will participate in discussion and the vote.
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 21 May 2020 be confirmed. (Hunter/Richardson) 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 Draft Residential Strategy Submissions Review Report - Consideration of site-specific submissions requesting designation as an Investigation Area
Report No. 13.5 PLANNING - Update Land & Environment Court Proceedings - DA 10.2019.458.1 Multi Dwelling Housing Comprising six (6) Dwellings at 6 Julian Rocks Drive Byron Bay
Report No. 13.6 PLANNING - Byron Bay Arts & Industry Estate Precinct Plan and Lot 12 - Submissions Report
Report No. 13.7 PLANNING - DA 10.2020.61.1 Multi-Dwelling Housing Comprising Ten (10) Dwellings at 7 Julian Rocks Drive Byron Bay
Report No. 13.8 PLANNING - Planning Proposal 26.2019.11.1 - Lot 6 DP 8385 Yagers Lane, Skinners Shoot - Request for Dwelling Entitlement
Report No. 13.9 PLANNING - Submissions Report: Draft Byron Local Strategic Planning Statement
Report No. 13.10 PLANNING - Update on resolution 20-100 Reconsider carparking plan to Planning Agreement DA 10.2019.103.1 Restaurant at 784 Coolamon Scenice Drive Coorabell
The remaining Recommendations and Committee Recommendation 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. 20-271 and concluding with Resolution No. 20-273.
Staff Reports - Sustainable Environment and Economy
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 9.1, 13.2, 13.7, 13.8, 13.10, next on the Agenda. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
The meeting adjourned at 1:06am for a lunch break and reconvened at 1:57pm.
|
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. |
AMENDMENT
That pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application 10.2020.61.1 for multi-dwelling housing comprising ten (10) dwellings, be granted consent subject to the conditions listed in Attachment 3 (E2020/40426). (Spooner/Hunter)
|
Procedural Motion
|
Resolved that Cr Spooner be granted a two minute extension to his speech. (Cameron/Richardson) The motion was put to the vote and declared carried. |
The amendment was put to the vote and declared lost.
Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, and Hackett voted against the amendment.
The motion (Ndiaye/Coorey) was put to the vote and declared carried.
Crs Richardson, Cameron, Coorey, Hackett, Hunter, Lyon, Martin, Ndiaye and Spooner voted in favour of the motion.
Nil voted against the motion.
|
Report No. 13.8 PLANNING - Planning Proposal 26.2019.11.1 - Lot 6 DP 8385 Yagers Lane, Skinners Shoot - Request for Dwelling Entitlement File No: I2020/778
|
Resolved that this matter rest on the table. (Cameron/Richardson) The motion was put to the vote and declared carried. |
|
Procedural Motion |
Resolved that Report No. 13.8 be lifted from the table. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
|
Report No. 13.8 PLANNING - Planning Proposal 26.2019.11.1 - Lot 6 DP 8385 Yagers Lane, Skinners Shoot - Request for Dwelling Entitlement File No: I2020/778
|
1. Proceed with option 1 to request the NSW Department of Planning, Industry and Environment to issue a Gateway determination for the planning proposal as contained in Attachment 1 (E2020/40745).
2. Agree that staff can proceed to obtain further studies from the applicant (if required by the Gateway determination), then undertake public exhibition of the planning proposal and government agency consultation based on the Gateway determination.
3. Request staff to prepare an Unauthorised Residential Accommodation Policy as a matter of priority to confirm the planning pathways and consequences for unauthorised residential accommodation seeking regularisation in Byron Shire, and that this be reported to the next available Planning meeting for consideration of public exhibition.
4. That in the meantime any planning proposal or development application lodged with Council for existing (as of 18 June 2020) unauthorised residential accommodation comply with the requirements of the Unauthorised Residential Accommodation Policy or for those applications lodged prior to the Policy being adopted the principles as presented in this report.
5. That a 15 month (from 18 June 2020) moratorium on enforcement action be granted to land owners with existing (as of 18 June 2020) unauthorised residential accommodation on their land that does not present unacceptable risk to human health or the environment, to enable them time to lodge a planning proposal and or development application to Council for assessment under the Unauthorised Residential Accommodation Policy as drafted / adopted at the time of lodgement.
6. Confirm that any unauthorised residential accommodation built after 18 June 2020 or existing unauthorised accommodation altered or added to after 18 June 2020 will be subject to Council’s Enforcement Policy as adopted. (Ndiaye/Richardson)
The motion was put to the vote and declared carried. Crs Richardson, Cameron, Coorey, Hackett, Hunter, Martin, Ndiaye and Spooner voted in favour of the motion. Cr Lyon voted against the motion. |
There were no petitions tabled.
There were no submissions and grants.
1. Rous County Council Future Water Strategy
Cr Cameron advised that the Rous County Council Meeting was held yesterday (17 June 2020) and provided the following delegate’s report:
The big news, there has been some media around this, is that for a number of years Rous County Council has been considering a Future Water Strategy that was developed in 2014, when it was still Rous Water before the merger into the county council. That Future Water Strategy is quite a comprehensive document and it aimed to look at what the options were for ensuring a future supply as there was population and urban growth in our region. It set out a number of potential areas to investigate. One of the key ones was groundwater; there is a number of areas up on the Alstonville Plateau where there is potential to access groundwater as a supply. There was some other options investigated too, including one that is close to the heart of many here, which is the reuse option; to formalise a process where we can actually get public and community support for a reuse scheme. One of the other big alternatives was to build a new dam at Dunoon.
All of these options have been on the table for a number of years, since the Future Water Strategy, and Rous in its two various configurations have been working through those investigations. It has got to the point now where decisions need to be made about a future water supply and the results of investigations are such that the most economically and operationally feasible option is to look at a new dam at Dunoon, which is supplemented by some groundwater extraction in the short-term while that development is underway.
So that is out there for public comment. No doubt it is going to raise a lot of discussion, it has already and will continue to do so. I think it is really important that Councillors are informed about what was in the Future Water Strategy (and you will find that online) and also the Rous County Council reports regarding the results of these investigation areas. What was adopted yesterday was a strategy based around some ground water supply in the short-term, Dunoon dam over the long-term, that is now going out as a proposal for public exhibition. That is what was decided yesterday and that is what we are ‘launching into’ over the next few months.
I encourage Councillors to take an interest, we all have an interest in water, we have all been through one of the most severe droughts (certainly the most severe drought that I can remember in all the time that I have been here), and there is no indication yet that that drought is over if you look at the below average rainfall that we have been getting for the last couple of years. We do need to be responsible about this, we need to be informed about it, and I encourage Councillors to become informed and involve themselves in the conversation. I will look forward to providing a more substantial report to be included in a future Council Agenda so the public can also follow through on things like links and information resources.
Cr Coorey left the Chambers at 3:29pm and did not return.
Staff Reports - Sustainable Environment and Economy
|
Report No. 13.5 PLANNING - Update Land & Environment Court Proceedings - DA 10.2019.458.1 Multi Dwelling Housing Comprising six (6) Dwellings at 6 Julian Rocks Drive Byron Bay File No: I2020/755
|
Resolved that Council authorises the General Manager to enter into consent orders or a s34 Conciliation Agreement approving Development Application 10.2019.458.1, subject to appropriate conditions to be finalised under delegation. (Hackett/Lyon) The motion was put to the vote and declared carried. Crs Richardson, Cameron, Hackett, Hunter, Lyon, Martin, Ndiaye and Spooner voted in favour of the motion. Nil voted against the motion. Cr Coorey was not present for the vote. |
The Mayor left the meeting at 3:33pm and did not return. The Deputy Mayor took the Chair.
|
Report No. 13.6 PLANNING - Byron Bay Arts & Industry Estate Precinct Plan and Lot 12 - Submissions Report File No: I2020/813
|
1. That Council adopts the Byron Bay Arts & Industry Estate Precinct Plan as contained in Attachment 1 (E2020/21932)
2. That Council staff commence work on planning for the implementation of actions and put through any budget bids required for these actions at the relevant time through the annual budget review process.
3. That Council staff continue to refine the desired land uses, design principles and delivery options for Lot 12 and report to the earliest available Council meeting. (Hackett/Ndiaye) |
|
Procedural Motion |
Resolved that Cr Hackett be granted a two minute extension to her speech. (Ndiaye/Cameron)
The motion was put to the vote and declared carried. |
The motion (Hackett/Ndiaye) was put to the vote and declared carried.
Crs Cameron, Hackett, Hunter, Lyon, Martin, Ndiaye and Spooner voted in favour of the motion.
Nil voted against the motion.
Crs Richardson and Coorey were not present for the vote.
|
Report No. 13.9 PLANNING - Submissions Report: Draft Byron Local Strategic Planning Statement File No: I2020/784
|
1. Endorses the recommended changes to draft Byron Shire Local Strategic Planning Statement (LSPS), as contained in Table 1 of this report, in response to submissions received during exhibition; 2. Authorises the Director Sustainable Environment & Economy (through the General Manager) to update the draft LSPS to reflect the endorsed changes, as well as undertake any necessary formatting, grammatical edits, diagrams and/or other ‘non-policy’ updates to ensure a suitable standard for submission to the Department of Planning, Industry & Environment; 3. Submits the revised LSPS to the Department of Planning, Industry & Environment on or before the 1 July 2020 legislative deadline. 4. Notes that there are a number of matters raised in Attachment 2 (E2020/35382) that, due to the 1 July 2020 legislative deadline for finalising Council’s LSPS, will be more appropriately considered in future reviews. 5. Amend LSPS priority (dot point 2) on page 50 of the draft to read ‘Lead partnerships to develop a network of sustainable transport’. 6. Request staff to submit a report to the Council Meeting in March 2021 at the latest that initiates a review of the ‘living document’, LSPS to further consider transport issues and provide a more thorough reflection of community aspirations for transport infrastructure including references to the Multi Use Rail Corridor Study, draft Byron Shire Integrated Transport Strategy. (Cameron/Lyon) |
|
Procedural Motion |
Resolved that Cr Cameron be granted a two minute extension to his speech. (Ndiaye/Lyon) The motion was put to the vote and declared carried. |
The motion was put to the vote and declared carried.
Crs Cameron, Lyon, Martin, Ndiaye and Spooner voted in favour of the motion.
Crs Hackett and Hunter voted against the motion.
Crs Richardson and Coorey were not present for the vote.
There being no further business the meeting concluded at 4:08pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 6 August 2020.
….…………………………
Mayor Simon Richardson