Byron Shire Floodplain Risk Management Committee Meeting
A Byron Shire Floodplain Risk Management Committee Meeting of Byron Shire Council will be held as follows:
Conference Room, Station Street, Mullumbimby
Thursday, 29 October 2020
Director Infrastructure Services I2020/1648
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 Code of Conduct for Councillors (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 the Code of Conduct for Councillors.
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.
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 of the provisions in the Code of Conduct (particularly if you have a significant non-pecuniary interest)
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 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 Floodplain Risk Management Committee Meeting
3. Adoption of Minutes from Previous Meetings
3.1 Adoption of Minutes from previous Floodplain Risk Management Committee Meeting.. 4
4. Staff Reports
4.1 Mullumbimby Land Release Areas (MLRA) Flood and Stormwater Assessment......... 12
Adoption of Minutes from Previous Meetings 3.1
Report No. 3.1 Adoption of Minutes from previous Floodplain Risk Management Committee Meeting
Directorate: Infrastructure Services
Report Author: Shelley Flower, Infrastructure Planning Support Officer, IS - Assets & Major Projects
File No: I2020/1629
That the minutes of the Byron Shire Floodplain Risk Management Committee Meeting held on 20 August 2020 be confirmed.
The attachment to this report provides the minutes of the Byron Shire Floodplain Risk Management Committee Meeting of 20 August 2020 .
Report to Council
The minutes were reported to Council on 24 September 2020.
In accordance with the Committee Recommendations, Council resolved the following:
Report No. 3.1 Minutes of Byron Shire Floodplain Risk Management Advisory Committee Meeting of 24 March 2020
File No: I2020/1199
1. That the minutes of the Byron Shire Floodplain Risk Management Committee Meeting held on 24 March 2020 be confirmed.
2. The minutes of the meeting held on 24 March 2020 were noted, and the Committee Recommendations adopted by Council, at the Ordinary Meeting held on 23 April 2020 without changes.
Report No. 4.1 North Byron Flood Risk Management Study and Plan Public Exhibition
File No: I2020/1154
Committee Recommendation 4.1.1
1. Support the preparation of a further stand alone technical memorandum (with reference to the Study) to support the North Byron Floodplain Risk Management Study and Plan, detailing:
a) four dune opening scenarios;
b) rock wall modification scenarios;
c) training wall removal scenario;
d) dredging scenarios; and
e) bund modifications.
2. Support the addition of a reference to the technical memorandum in the North Byron Floodplain Risk Management Study document prior to adoption.
3. Endorse the amendment of the North Byron Floodplain Risk Management Study and Plan to include modifications recommended in Attachment 2 in this committee agenda except for the following modifications, prior to adoption: -
a) Comment 3 (MLRA) – that original wording be retained
b) Comment 6 (Gray’s lane) - no action
4. Adopt the North Byron Floodplain Risk Management Study and Plan following completion of the amendments within points 1 to 3 and with the removal of section 184.108.40.206
5. Create a new Operational Plan action to commence development of internal maintenance plans for Council’s drainage network within Councils maintenance management software Reflect.
6. Create a new Operational Plan action to commence development of waterway management policies for waterways with relevant state agencies and the Byron Shire Floodplain Risk Management Committee.
Staff Reports - Infrastructure Services 4.1
Report No. 4.1 Mullumbimby Land Release Areas (MLRA) Flood and Stormwater Assessment
Directorate: Infrastructure Services
Report Author: Scott Moffett, Drainage & Flood Engineer, IS - Works - Infrastructure Planning
Alex Caras, Land Use Plannning Coordinator
File No: I2020/1589
The North Byron Flood Risk Management Study and Plan has now been adopted by Council.
Infrastructure Planning will now work closely with various internal departments to populate all internal data bases with the new study data to ensure future land use, strategic planning and future development occurring in the North Byron catchments consider this current and new body of work.
Infrastructure Planning will use the plan to inform future flood mitigation studies and capital works.
Council’s Strategic Land Use Planning Coordinator is the project manager for the Mullumbimby Land Release Areas (MLRA) project and has developed a DRAFT Flood Impact Assessment to assess potential flood impacts from its potential development. This will be presented at the meeting.
1. That the Committee acknowledges the adoption of the North Byron Flood Risk Management Study and Plan.
2. That the Committee note the presentation on the Mullumbimby Land Release Areas DRAFT Flood Impact Assessment and Stormwater Management Plan (Attachment 1 – E2020/43608).
1 Mullumbimby Land Release Areas - Flood Impact Assessment and SWMP Final_Aug2020, E2020/43608 , page 14⇩
Council is preparing a draft Residential Strategy to set a clear vision and policy framework for the Shire’s current and future urban residential lands. Housing affordability has been identified as a priority issue to address ahead of completing the Strategy.
Council, through an expression of interest process, invited land owners to submit affordable housing proposals for land in the Shire to be considered as part of an early implementation initiative. This resulted in five (5) potentially suitable sites being identified, four (4) of which are located along the southern fringe of the Mullumbimby urban area.
Future planning, development and servicing of these sites must be undertaken in a holistic manner to ensure integration with the adjoining Mullumbimby urban area. This is articulated in the draft Residential Strategy with flood and stormwater management among the priority issues to be addressed.
Council engaged consultants WMAwater to assess the flood impacts due to potential regional catchment flooding and to assess and mitigate the flood impacts caused by potential development of the MLRA. The MLRA Flood Impact Assessment is the outcome of this work.
WMAwater have also developed a concept level stormwater management plan for the MLRA to inform the stormwater infrastructure that may be required to service potential development.
A copy of the MLRA Flood Impact Assessment and Stormwater Management Plan is provided at Attachment 1. These will be presented by staff at the meeting.
The key issues will be discussed during the presentation at Committee meeting. Refer to Attachment 2 for further detail.
Stormwater management options will be presented and discussed during the presentation at committee meeting. Refer to Attachment 2 for further detail.
The next steps are currently being developed internally and will be discussed at the Committee meeting.
The flood impact assessment modelling is consistent with the recently adopted North Byron Flood Risk Management Study and Plan.
At this time there are no relevant financial considerations.
Consultation and Engagement
Internal consultation regarding the MLRA has been ongoing between Council departments throughout the development of the flood impact assessment.