Minutes
Ordinary (Planning) Meeting
Thursday, 13 August 2020
Minutes
Ordinary (Planning) Meeting
Thursday, 13 August 2020
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes
13 August 2020
The following items are listed in the order in which they were dealt with.
Report No. 13.5 PLANNING - Report of the 11 June 2020 Planning Review Committee
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 13 August 2020
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 13 August 2020 COMMENCING AT 11.03AM AND CONCLUDING AT 1.22PM
I2020/1140
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr C Coorey, Cr A Hunter, Cr M Lyon,
Cr J Martin and Cr S Ndiaye
VIRTUAL: 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)
Ralph James (Legal Counsel)
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:
Public Access
|
Report No and Title |
For/ Against |
Name |
Representing Organisation |
Submission Received |
|
|
13.3 |
Business and Industrial Lands Strategy staff response to Department of Planning, Industry and Environment |
Against |
Matthew O’Reilly |
Saddle Ridge Local Area Management and Planning Association |
In person |
|
13.7 |
PLANNING - DA 10.2020.220.1 Alterations and Additions to Existing Entertainment Facility (Brunswick Picture House) at 30 Fingal Street Brunswick Heads |
For |
Kate Singleton & Brett Haylock |
Planners North / Brunswick Picture House |
In person |
|
Against |
Paul Hoy |
|
In person |
||
|
13.8 |
PLANNING - DA 10.2019.643.1 Demolition of Existing Dwelling House and Construction of Dual Occupancy (Attached) at 11 Brownell Drive Byron Bay |
For |
Karina Vikstrom |
|
In person |
|
Against |
Max Chipchase |
Chipchase Planning |
Pre-recorded video |
||
Submissions
|
Subject |
Name |
Representing Organisation |
Submission Received in form of |
|
Precautionary principle, ecological sustainable development and the community charter for good planning |
Matthew O’Reilly |
Saddle Ridge Local Area Management and Planning Association |
In person |
Question No. 1 2018 Byron Employment Lands Background Report
Matthew O’Reilly, on behalf of the Saddle Ridge Local Area Management and Planning Association, asked the following question:
Can Council please explain why they continue to misquote the 2018 Byron Employment Lands Background Report?
Cr Lyon responded:
I don’t accept your premise that there’s a misrepresentation. It implies that we hoodwink people, or we’re not telling the truth and I don’t think that staff are doing that at all. I don’t see that, but what may be coming out is, we’re obviously privy to a lot more information from the time that that report was done. So of that 12ha you’re talking about, and it’s been in a report since then, there’s been subsequent information that it is 9ha of that, is potentially underdeveloped so you’re talking about existing land. It’s only a small amount that’s actually going to be developable; almost enough to say it’s negligible. When you look at those growth projections of the three of them, they’re not really adding up to much due to existing supply. So that’s kind of the basis we’ve been working on since these reports have come forward.
So there’s no game at play here, it’s just about us ensuring we have an adequate supply of land, and that’s what the consultants have also said. The point that I’m trying to make here is that it’s a subjective exercise. There’s no fixed number here that you need to come up with and say ok we can solve this.
I don’t accept the premise. It’s simply a matter of figures have changed and there’s been additional information and I’ll add on more when that item comes up.
Cr Coorey also responded:
Whatever the mechanism, whether it’s by design or by mistake, I concur with Mr O’Reilly, our own background report doesn’t support the staff recommendation and I can’t explain that. I apologise because it is confusing for a member of the public to read through without background reports, reading through the data and also considering we’re probably at the beginning of a massive economic downturn to justify this land.
To answer to your question, I don’t know and I also don’t know why Cr Lyon said this is a subjective exercise. It absolutely isn’t and if he’s privy to any more information that’s come to light in the last 12 months, he alone has it because it hasn’t been shared to me.
Question No. 2 Court Reversals and costs resulting from said loss
John Anderson asked the following question which was read out by a member of staff:
According to the Local Government Act it is the responsibility of the General Manager to regularly update Councillors as to court reversals and costs resulting from said loss. Accordingly could the GM please provide me with the said public documents as they relate to the term of this Council i.e. the past four years? (I refer of course to losses as they come to light, not in terms of cases filed during the past 4 years, many of which would not come to light until next year.)
The General Manager responded:
Legal Counsel provides a report to the Executive Team on a monthly basis. The report is also provided to Councillors as a Confidential Report. Throughout the current term of Council, councillors have been updated on all legal matters involving Council on a monthly basis.
All publicly available information concerning legal services is published in Council’s Annual Report. Mr Anderson will be provided with copies of the section of the Annual Report from 2016 to 2020 relating to legal matters and proceedings.
The question focuses on court reversals and costs resulting from those reversals. It is assumed that the question relates to Land and Environment Court proceedings. Since 2016 there have been only 2 matters, out of 60, where an appeal has been allowed on the original application.
The only occasion where costs have been awarded against Council since 2016 was in 2019 when Council unsuccessfully appealed a Land and Environment Court Commissioner’s judgement. Costs awarded against Council in that matter were $45,000.
The meeting adjourned at 11.52am and reconvened at 12.05pm.
There was apology received from Cr Hackett.
|
|
Procedural Motion |
|
Resolved that the apology from Cr Hackett be accepted and a leave of absence granted. (Richardson/Hunter) 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.
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 18 June 2020 be confirmed. 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. 13.3 Business and Industrial Lands Strategy staff response to Department of Planning, Industry and Environment
Report No. 13.7 PLANNING - DA 10.2020.220.1 Alterations and Additions to Existing Entertainment Facility (Brunswick Picture House) at 30 Fingal Street Brunswick Heads
Report No. 13.8 PLANNING - DA 10.2019.643.1 Demolition of Existing Dwelling House and Construction of Dual Occupancy (Attached) at 11 Brownell Drive Byron Bay
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. 20-363 and concluding with Resolution No. 20-367.
Staff Reports - Sustainable Environment and Economy
|
|
Report No. 13.5 PLANNING - Report of the 11 June 2020 Planning Review Committee File No: I2020/925
|
|
Resolved that Council endorses the outcomes of the Planning Review Committee meeting held on 11 June 2020. (Richardson/Hunter) The motion was put to the vote and declared carried. Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Spooner and Hunter voted in favour of the motion. No Councillors voted against the motion.
|
|
|
Procedural Motion |
|
Resolved: that Council change the order of business to deal with Reports 13.3, 13.7 and 13.8 next on the Agenda. (Richardson/Lyon) The motion was put to the vote and declared carried. |
|
|
Procedural Motion |
|
Resolved that Cr Coorey be granted a two minute extension to her speech. (Richardson/Ndiaye)
The motion was put to the vote and declared carried. |
AMENDMENT
Moved: That Council redrafts the Business and Industrial Lands Strategy according to the qualifications and amendments as listed in the DPIE letter dated 12 May 2020 – attached to the agenda of this meeting. (Coorey/Cameron)
|
|
Procedural Motion |
|
Resolved that Cr Lyon be granted a one minute extension to his speech. (Richardson/Ndiaye) The motion was put to the vote and declared carried. Crs Coorey and Cameron voted against the motion. |
The amendment was put to the vote and declared lost.
Crs Coorey, Ndiaye and Cameron voted in favour of the amendment.
Crs Martin, Lyon, Richardson, Hunter and Spooner voted against the amendment.
The motion (Hunter/Richardson) was put to the vote and declared carried.
Crs Martin, Lyon, Richardson, Hunter and Spooner voted in favour of the motion.
Crs Coorey, Ndiaye and Cameron voted against the motion.
There being no further business the meeting concluded at 1.22pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on .
….…………………………
Mayor Simon Richardson