Agenda of Ordinary Meeting - Thursday, 17 December 2020

BYRON SHIRE COUNCIL

Notices of Motion 9.1

Notices of Motion

Notice of Motion No. 9.1 Road Access and Safety Principles

File No: I2020/1934

I move that Council:

1. Adopts the following Road Access and Safety Principles for the Byron Shire road network.

a) All users and modes of transport have an equal right of safe access to and movement on the road network.

b) Road safety audits must consider the access and safety of all road users, modes of transport and services delivered within the road reserve such as bus stops and waste collection.

c) Road renewals, upgrades and maintenance must meet the needs of all road users, modes of transport and services delivered in the road reserve and ensure equitable funding for all users and modes.

d) New road projects must include safe access infrastructure for cyclists, pedestrians and services delivered in the road reserve and ensure equitable funding for all users and modes.

2. Embeds the Road Access and Safety Principles into the Operational/Delivery Plan at the next quarterly review and include actions as follows.

a) Adapt Asset Management policy, capital works and maintenance planning procedures so that the Principles are applied to all new road related projects from July 2021.

b) Update road related infrastructure, movement, access and safety policies to apply the Principles by June 2021.

c) Identify and update relevant DCP chapters by December 2021.

3. Receives a report at the April Ordinary Meeting 2021 to report on progress and identify a pathway and timetable to complete implementation of all necessary actions.

4. Notes the Councillor Background Notes attached to the report.

Signed: Cr Basil Cameron

Councillor’s supporting information:

Issues of road safety and access are regularly raised by our community and there is an increasing desire to see a better balance between movement and place as demonstrated by the movement hierarchies prioritising active transport adopted within the various town and village masterplans.

Away from town centres, safety and access is vital as the road network provides the only movement pathways for all users and modes of transport.

In both town and hinterland, increasing traffic growth is making safe access for active road users more difficult. On many hinterland roads safe access for cyclists and pedestrians is not possible.

Coolamon Scenic Drive ‘road safety’ upgrade.

According to advice from Council staff in an email to Councilors dated 20/8/20, $2.4 million funded under the TfNSW ‘Safer Roads’ program has recently been used to ‘address vehicle related safety issues’ on Coolamon Scenic Drive. The ‘intent of this grant funding program is directed towards vehicle safety rather than a pedestrian or cyclist focus’. The audit conducted prior to the rollout of line marking, crash bar railing, CAMS and other signs, identified a safety risk to cyclists, however ‘many of the possible treatment options identified to manage risk were unfortunately outside the scope of the grant scheme’.

To be clear, none of the $2.4 million was spent on safety of active road users. This could only be addressed under ‘Safe System’ grants that ‘Council is believed to not be eligible for’. We may be eligible for funding if we ‘meet the funding requirements’. That is if there is a serious crash involving a fatal or serious injury to a cyclist or pedestrian.

As the rollout began, Council received a number of complaints that this new infrastructure was interfering with resident access to their properties and impeding rubbish trucks as the audit had not considered the services delivered in the road reserve such as bus stops and waste collection. The crash bar railing and signage also significantly reduced or eliminated road shoulders that pedestrians and cyclists rely on for safe access.

When a ‘safety’ upgrade on a road focused entirely on one road user group makes the road environment less safe and accessible for other road users, then we have a problem. It is a concern that the rollout went ahead despite a known risk to cyclists that was not addressed.

Road Access and Safety Principles

The Road Access and Safety Principles aim to redress this imbalance. The Principles provide for assessment, design and equitable funding to ensure safe access for all road users when safety audits are conducted and roads are built, renewed and maintained.

A right of equal access is essential to a freedom of movement that is guaranteed in the International Bill of Rights. This fundamental right is included in A Charter of Human Rights and Responsibilities BYRON SHIRE as adopted by Resolution 19-133 for implementation by Council. Without safe access to our roads, the right is restricted, particularly on hinterland roads where there are no alternative movement pathways.

It will be necessary to review and update road related policies to ensure action on the Principles. This to be achieved by embedding the Principles and policy review actions in the Operational/Delivery Plan with a progress report to be provided in April 2021.

Implementing the Principles

Part two of the motion sets out a pathway and timetable for implementation.

The initial phase over six months involves

1. Embedding the Principles in the Operational/Delivery Plan with the policy review objectives stated at 2(a)-(c) at the next quarterly review due early in 2021.

2. Identify and update policies referred to in 2 (b) that require a consequential amendment to either include or apply the Principles. It is anticipated that this will involve minimal word changes or additions in any cases.

3. Provide a report to April Ordinary meeting on progress and to provide a timetable for implementation of all necessary actions. This report is the opportunity to provide an advice on any resource implications for more substantial tasks, should there be any.

Six to twelve months

4. Update relevant chapters of the DCP to ensure that future development has the Principles applied. A longer timeframe is considered appropriate as this may involve more substantial redrafting.

5. Apply the Principles to all new road related projects from July 2021.

Recommended priority relative to other Delivery Plan tasks:

This is considered a part of the ongoing policy review process. Actions in the first six months are not anticipated to require an additional budget allocation. The April report provides an opportunity to advise on any resource implications in the first half of FY21/22.

Definition of the project/task:

Embed Principles into Operational/Delivery Plan with policy review actions.

Update policies requiring consequential amendment to apply the Principles.

Provide report to April 2021 Ordinary Meeting.

Update relevant chapters of DCP to apply Principles by December 2021.

Apply Principles to all new infrastructure projects from July 2021.

Staff comments by Andrew Pearce, Traffic Engineer, Infrastructure Services:

(Management Comments must not include formatted recommendations – resolution 11-979)

In considering safe and accessible movement across the Shire for all community demographics and for all transport modes, it is suggested the discussion be reframed. In particular, it is considered more appropriate to emphasise a need to deliver a safe, integrated and accessible Transport Network rather than emphasising a need to deliver an improved road network with safer infrastructure for all active transport users.

In light of this, while the intent of the NoM is supported, the Notice of Motion itself is not for the following reasons:

• While the intent of the NoM is supported it commits millions of dollars to meet the needs of a smaller cross section of community. It does not meet the transport needs of the more vulnerable community members, such as the aged and mobility disadvantaged.

• It could be considered inappropriate to expect these more vulnerable community members to rely on active transport within the road reserve, especially during hot and/or wet conditions.

• This approach does not take into account traffic volumes, speeds or road gradients. Even with improved safety designs, travelling from Mullumbimby to Federal with an e-bike will still require significant physical effort, especially in hot and/or wet conditions.

• The approach does not align with the TfNSW transition towards Movement and Place as the NoM requires every road, whether a motor way, highway or distributor road to be designed as a place.

• This approach does not acknowledge the need for many community members to travel very large distances beyond just the Shire to attend things such as Doctors appointments or the need to undertake shopping and transport goods back home within a timely manner.

• This approach relies on a slow, non integrated roll out as disparate segments of the road network which are generally upgraded over decades, primarily through grants and private development.

• To implement the recommendations outlined in the NoM across all road projects within the Shire is anticipated to cost many millions of dollars. A specific case is Coolamon Scenic Drive. To reconstruct this road as per the NoM would require significant excavation, rock cutting and structural retaining walls over several kilometres costing many millions of dollars. Applying the NoM to other roads such as, Seven Mile Beach Road would require significant clearing of vegetation within a highly sensitive ecological area.

• This NoM stands in competition to existing resolutions and existing transport policies and strategies developed by TIAC. Considering in particular the Bike Plan (developed by TIAC), a strategy to support safe active transport across the shire has already been developed.

This plan shows which projects provide the greatest strategic benefit to the Shire. Rolling out Priority A projects alone will take many years and cost millions.of dollars

As a result, the proposed NoM stands in contradiction to the strategic vision of the Bike Plan developed over a significant period of time with significant community consultation.

• If the NoM is supported and a resolution is passed the current Bike Plan and PAMP would then need to be rescinded to remove ongoing project confusion and contradictory outcomes.

In contrast, reframing the discussion to emphasise a need to deliver a safe, integrated and accessible TRANSPORT NETWORK still supports the intent of the Notice of Motion and reflects the following advantages:

• Supports and acknowledges Council’s goal of expanding our transport corridors to include the rail corridor and reduce a reliance on vehicle corridors.

• The TfNSW transition towards a Movement and Place framework acknowledges some roads have a primarily “movement” purpose (i.e. motorways) and other roads a place making purpose (i.e. shared zones). This framework helps develop a more efficient and safer transport network as opposed to pushing cars and people into the same corridor regardless of traffic volumes and speeds.

• Addresses the need to provide the community with a range of alternate transport options which better meets their specific needs. This in turn would reduce the need for more vulnerable community members (such as, aged and mobility disadvantaged) having to rely on walking or riding within a road reserve that has varying levels of maintenance.

• An ability to provide cost effective, targeted and diverse transport solutions that gives people transport options even in wet and / or hot weather. The physical effort to travel between townships (even on an e-bike) during very hot or wet weather is considered a significant barrier to increasing active transport, especially for more vulnerable community members.

• An ability to expand our transport network in a way that aligns well with existing transport related strategies. These strategies include:

o Pedestrian Access and Movement Plan

o Bike Plan

o Multi Use Rail Corridor

o Intergrated Transport Strategy (Moving Byron)

o Ride Sharing policies (i.e. pop car)

• It acknowledges the preliminary steps that have already been taken promote a better active transport network, such as the current investigation into a Mullumbimby / Brunswick Head cycle way and the Suffolk Park to Byron cycle way.

• It supports the goals of this Notice of Motion which aims to have the safety of all active transport users consciously factored into all “Safer Roads” programs while at the same time provides better transport options for disadvantage / vulnerable community members during wet and/or hot weather.

Financial/Resource/Legal Implications:

The financial implications of the proposed NoM are unknown. However, it is expected it could cost tens of millions of dollars to implement over many years.

There is no identified budget source to commence work related to this NoM and there has been insufficient investigation in relation to the financial impacts or the budget and other staff resources required to undertake the works envisaged over the next 12 months.

The extent of impacts on existing maintenance budgets and delivery programs is expected to be significant as all road related programs will require scope of works and budget allowance review.

Road network maintenance works programs for both the short and long term developed to date will require reconsideration and additional staff resources will be required to undertake this task or works programs delayed until such time as the review is completed to ensure the works comply with the requirements of the NoM if adopted.

While it might be possible to obtain some funds via grants this is not guaranteed nor expected to be sufficient to cover the work needed to review and make changes to policies and procedures and will be difficult if not impossible to implement for some grant and/or maintenance programs.

Is the proposal consistent with any Delivery Program tasks?

No, a recommendation within the NoM is to embed “the Principles in the Operational/Delivery Plan with the policy review objectives stated at 2(a)-(c) at the next quarterly review due early in 2021.”

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.1

Staff Reports - General Manager

Report No. 13.1 Variation of temporary market licences granted for Byron farmers and community markets

Directorate: General Manager

Report Author: Paula Telford, Leasing and Licensing Coordinator

File No: I2020/1564

Summary:

This Report requests authorisation from Council to vary market licences granted to the Byron Bay Community Association Inc and Byron Farmers’ Market Inc to extend the market licence for an additional eight months.

RECOMMENDATION:

1. That Council authorises the continued suspension of the Community and Farmers market licences issued to the Byron Bay Community Association Inc and Byron Farmers’ Market Inc for the Butler Street Reserve Byron Bay with ongoing abatement of rent to 31 October 2021.

2. That Council notes that no public submissions were received on the proposed variation to extend the licence term to 31 October 2021 to the Byron Farmers’ Market Inc.

3. That Council delegates to the General Manager the authority to vary temporary market licences issued to:

a) Byron Farmers’ Market Inc for farmers markets at the Cavanbah Centre to replace Schedule 1, Item 2 with the words ‘1 July 2019 to 31 October 2021’.

b) Byron Bay Community Association Inc for community markets at the beachside to replace Schedule 1, Item 2 with the words: ‘4 August 2019 to 31 October 2021’.

4. That Council notes that the Byron community market was relocated from the Butler Street Reserve to Dening Park to be held on the first Sunday of every month under licence to the Byron Bay Community Association Inc.

5. That Council notes that the Byron Winter Whales has requested the use of Dening Park on the first Sunday in May 2021 for the 30^th anniversary of the classic swim event.

6. That Council delegates to the General Manager the authority to negotiate with Byron Bay Community Association Inc and Byron Winter Whales to:

a) Reduce their respective footprints in Dening Park so that the Byron Bay Community Association Inc right to hold a monthly community market in Dening Park under a licence agreement is not disadvantaged; and that

b) If no acceptable outcome can be reached then a further report will be brought to Council to determine the matter.

REPORT

Council resolved (19-062) at its 28 February 2019 meeting:

1. That Butler Street Reserve be closed to the public after the 7 July Community Market for a period of 6 months while the section of the Byron Bay Bypass (including the Somerset Street Roundabout and its western and southern legs and the area of works within Butler Street north of the roundabout) is constructed.

2. That lockable steel gates be installed at the entry points to the Reserve to restrict vehicle access during the closure period and during the ‘no parking’ periods overnight.

3. That staffs provide market managers with any information available regarding viability of other potential relocation sites identified by the markets, including planning approvals required.

4. That staff ensure The Cav has all relevant approvals in place to host markets during the closure period, should that be required, and provide details to market managers regarding power and water access, amenities and traffic management plans for the site.

5. That the Butler Street Reserve be made available as a site compound for the Contractor for the duration of the closure and one (1) week after this section is constructed and open to traffic, to allow relocation of the site compound.

6. That staff continue to liaise with market managers to facilitate the return of markets to Butler Street Reserve once relocation of the site compound has occurred.

Subsequent investigations resulted in the relocation of the Byron Farmers market to community land at the Cavanbah Centre by resolution (19-175). The monthly Community markets were relocated to the Byron Bay beachside by resolution (19-235). Temporary markets licences were executed with the Byron Farmers’ Market Inc and Byron Bay Community Association Inc with licences commencing in July and August 2019 respectively.

Unforeseen delays caused by protest action and a referral to the Department of Environment and Energy under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) resulted in stage one of the Bypass project not being completed as planned.

Council resolved (19-555) at its 24 October 2019 meeting:

1. That Council authorise the continued suspension of the community and farmers markets licences issued for the Butler Street Reserve with ongoing abatement of rent until both markets can be resumed at the Reserve.

2. That Council, delegate to the General Manager, the authority to vary temporary relocation market licences issued to:

a. Byron Bay Community Association Inc for community markets at the beachside to:

i) Extend the term to 30 June 2020 with an additional option of six months; and

ii) The Licensor to pay the Licensee to its nominated bank account, within 30 days from the end of the term or any holding over, the amount of the bond held being an amount not exceeding $1,000 (inclusive of GST.

b. Byron Farmers’ Market Inc for farmers markets at the Cavanbah Centre to:

i) Extend the term to 30 June 2020 with an additional option of six months; and

ii) The Licensee to submit to the Licensor within 30 days from the end of the term and any holding over, all receipts detailing expenditure of $20,000 and return by cheque made payable to Byron Shire Council the balance of any unspent monies.

3. That Council authorise the full subsidisation of rent under the varied licence term at a cost of $6,689 (inclusive of GST) funded from the Byron Bay Bypass project. That Council continue to fully subsidise rent under the further six month option at a rate set by Councils 2020-2021 fees and charges.

4. That Council authorise the public exhibition of the variation of the farmers market licence to the Byron Farmers Market Inc for 28 days and should any submissions be received that a new report be brought back to Council.

Temporary markets licences granted to Byron Farmers’ Market Inc and Byron Bay Community Association Inc were subsequently varied to extend the licence term to 31 December 2020.

Extending term of Temporary Market Licences:

During the period of closure of Butler Street Reserve, Council completed a detailed site contamination report in response to a formal Environmental Planning Authority (‘EPA’) investigation order. Subsequently, the EPA requested further testing with specific reference to polyfluoroalkyl substances (‘PFAS’).

Council engaged Cavanbah Consulting to undertake these investigation works and reported the results to the EPA in September 2020. At the time of writing this report, Council has not received formal advice from the EPA about the implications of these findings.

On 17 November 2020 staff met with the EPA case officer and stressed the strategic value of this site for the community and the importance of a clear way forward – both in terms of further investigations / monitoring, and planning for future use of the site.

As a result of the continued unavailability of the Butler Street Reserve to hold markets, the term of temporary market licences granted to the Byron Farmers’ Market Inc and Byron Bay Community Association Inc must be further extended for eight months to expire on 31 October 2021. Neither licence may be extended beyond 31 October 2021, as new five year market licences will commence 1 November 2021, following a tender process.

Terms of varied Temporary Market Licences:

To ensure continuing use rights exist for markets historically held on the Butler Street Reserve, Council must authorise the continuing suspension of original market licences granted to Byron Farmers’ Market Inc and Byron Bay Community Association Inc to 31 October 2021, and continue to abate rent payable under these licences.

Council must also vary temporary market licences granted to:

1. Byron Bay Famers’ Market Inc for weekly farmers markets at the Cavanbah Centre, Ewingsdale Road Byron Bay with the following terms:

a) licence term to end on 31 October 2021.

2. Byron Bay Community Association Inc for monthly Community Markets at the beachside Byron Bay with the following terms:

a) licence term to end on 31 October 2021.

In accordance with resolution (19-555), Council must continue to provide fully subsidised rent for the further eight month term variation to include:

1. $1,568 (inclusive of GST) to Byron Farmers’ Market Inc; and

2. $3,664 (Inclusive of GST) to Byron Bay Community Association Inc.

Total rent subsidy is $5,232 (inclusive of GST).

Public submissions:

In accordance with the Local Government Act 1993, Council must call for public comment prior to granting a licence to occupy community land.

Council publically advertised its proposal to vary the temporary market licence granted to Byron Farmers’ Market Inc for use of community land at the Cavanbah Centre. Public comment was not required to vary the licence granted to the Byron Bay Community Association Inc for use of Crown Land currently managed under the Crown Land Management Act 2016.

Public advertisement was conducted between 26 October and 23 November 2020 and Council received no submissions.

As a result, this report recommends that Council notes that no submissions were received and grants the proposed temporary market licence variation to Byron Farmers’ Market Inc to extend the licence term to 31 October 2021.

Clash of events to be held in Dening Park on 2 May 2021

The Byron Bay Winter Whales has made an application to Council for use of an area of Dening Park Byron Bay for the 2 May 2021 swim classic. The monthly Byron community market is also scheduled to occur 2 May 2021.

The Byron Winter Whales has specifically requested 2 May 2021 for its classic swim event because:

· The event has always been held on the first Sunday in May and participants plan their attendance well in advance;

· The strong intention to hold the event on its usual weekend as the 2021 celebrates the 30^th event held with over a million dollars raised;

· The following Monday 3 May 2021 is a public holiday in Queensland with many of the Winter Whales swim participants plan for a long weekend in the Byron Shire;

· The prior weekend 25 April is ANZAC day and not suitable; and

· The following weekend 13 -16 May 2021 is the Byron Comedy Festival held at the Surf Club and also not suitable.

The Winter Whales requests the below footprint shown in yellow (being an area equating approximately to 40 market stalls) be made available for the 2 May 2021 swim classic.

The Byron Bay Community Association Inc holds a licence to conduct monthly community markets in Dening Park following Councils resolution (19-062) to relocate the monthly community markets from Butler Street Reserve to Dening Park.

The Byron Bay Community Association Inc considers the loss of 40 markets stall spaces as unacceptable both in terms of lost market revenue and impact on market stall holders that rely on the Byron community market to sell their goods. The Byron Bay Community Association Inc requests that Council consider an alternative footprint that would permit both events to occur on the same day but with a significantly lesser impact on the markets and number of market stalls.

In 2020 Council staff negotiated a compromise that would have permitted the monthly community markets and the Byron Winter Whales classic swim event to occur on the same day in Dening Park. Unfortunately due to COVID-19 restrictions neither event was held. The below plan details a smaller footprint in Dening Park allocated to the Byron Winter Whales.

This report recommends that Council delegate authority to the General Manager to negotiate an acceptable outcome between the Byron Bay Community Association Inc and the Byron Winter Whales whereby both events can occur on 2 May 2021 in Dening Park. If no acceptable outcome can be reached then a further report will be brought to Council to determine the matter.

The Byron Bay Community Association Inc holds a licence to conduct its monthly community markets in Dening Park on the first Sunday of each month. That licence was granted by a Council resolution following the relocation of the Byron community markets from the Butler Street Reserve to Dening Park.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community	2.2	Support access to a wide range of services and activities that contribute to the wellbeing of all members of the Byron Shire community	2.2.1	Develop and maintain collaborative relationships with government, sector and community	2.2.1.2	Participate in and inform community planning

Legal/Statutory/Policy Considerations

Local Government Act 1993 (NSW)

s 47A Leases, licences and other estates in respect of community land—terms of 5 years or less

(1) This section applies to a lease, licence or other estate in respect of community land granted for a period that (including any period for which the lease, licence or other estate could be renewed by the exercise of an option) does not exceed 5 years, other than a lease, licence or other estate exempted by the regulations.

(2) If a council proposes to grant a lease, licence or other estate to which this section applies:

(a) the proposal must be notified and exhibited in the manner prescribed by section 47, and

(b) the provisions of section 47 (3) and (4) apply to the proposal, and

(c) on receipt by the council of a written request from the Minister, the proposal is to be referred to the Minister, who is to determine whether or not the provisions of section 47 (5)–(9) are to apply to the proposal.

(3) If the Minister, under subsection (2) (c), determines that the provisions of section 47 (5)–(9) are to apply to the proposal:

(a) the council, the Minister and the Director of Planning are to deal with the proposal in

accordance with the provisions of section 47 (1)–(8), and

(b) section 47 (9) has effect with respect to the Minister’s consent.

Financial Considerations

Council resolved 19-235 to fully subsidise rent under the temporary market licences granted to the Byron Farmers’ Market Inc and Byron Bay Community Association Inc. Council must vary these licences for a further eight months to 31 October 2021.

Subsidised rent for the extended term totals $5,232 (inclusive GST).

Consultation and Engagement

Twenty eight day public notice of the proposed licence variation to be granted to Byron Farmers’ Market Inc for use of community land a the Cavanbah Centre, Ewingsdale Road Byron Bay was given between 26 October and 23 November 2020.

The managers of the Byron Farmers Market and Byron Community Market have been consulted throughout this process and understand the rationale behind the market extension.

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.3

Report No. 13.3 Implementation of Res 20-664/2 Lease - Council and TAFE NSW - part lot 12 Bayshore Drive Byron Bay

Directorate: General Manager

Report Author: Matt Meir, Solicitor

File No: I2020/1824

Summary:

This report is about the proposed lease between Council and TAFE NSW for part of lot 12, Bayshore Drive Byron Bay, in the context of Lot 12’s redevelopment.

The report responds to Part 2 of Council Resolution 20-664 of 26 November 2020.

RECOMMENDATION:

That Council:

1) Notes that Council and TAFE’s relationship is focused on promoting outcomes that:

· Support delivery of high quality educational and vocational training in the Byron Shire.

· Create a vocational training precinct to share infrastructure, integrate training services with local industry and leverage existing programs across broad industries, including for example tourism, hospitality, retail, business, community services and creative industries.

· Support training of job ready individuals for the benefit of the local community and local, regional and national industry and growth.

2) Authorises the General Manager to continue negotiations, and then enter an agreement for lease and lease, with TAFE NSW regarding part of Lot 12 Bayshore Drive, subject to:

a) The final version of each agreement being substantively similar to the attached agreement for lease and lease; and

b) The final version of each agreement being consistent with Council resolution 20-664.

3) Quarantines any rental revenue derived from a future lease with TAFE through establishing a new reserve titled “Property Development Reserve – Lot 12 Bayshore Drive’

Attachments:

1 Agreement for lease - Council and TAFE NSW - part Lot 12 Bayshore Drive - for Council meeting 17 December, E2020/96663

2 Draft Lease from Council to TAFE NSW for part lot 12 Bayshore Drive - for 17 December Council meeting, E2020/45229

REPORT

This report is about the proposed lease between Council and TAFE NSW on that part of the redeveloped Lot 12 Bayshore Drive that is earmarked for TAFE’s connected learning centre under the Creative Capital masterplan for the site.

Context

On 13 December 2019 Council resolved (19-624) as follows:

1. Note the separate report included in this agenda titled ‘Residential Strategy and affiliated projects update’ and the section of the Report relating to Lot 12 Bayshore Drive, Byron Bay.

2. Confirm its in principle support for TAFE NSW to progress plans for a Connected Learning Centre, subject to appropriate probity and planning considerations, through the urban design investigation for Lot 12 Bayshore Drive, Byron Bay.

3. Authorise the General Manager to negotiate and enter into a non-binding Heads of Agreement with TAFE NSW for a Connected Learning Centre on Lot 12 Bayshore Drive, Byron Bay.

Since this time, there have been a series of Council resolutions regarding both the wider redevelopment of Lot 12 and TAFE occupying Council land within that redevelopment. All resolutions have sought to advance Council and TAFE’s relationship. That relationship is focused on promoting outcomes that:

· Support delivery of high quality educational and vocational training in the Byron Shire.

· Support training of job ready individuals for the benefit of the local community and local, regional and national industry and growth.

The most recent Council resolution regarding TAFE’s occupation of part Lot 12 was resolution 20-664/2 of 26 November 2020. It states:

That a report be brought to the December meeting of Council outlining the process for delivery of the TAFE NSW Connected Learning Centre in the location proposed within the Creative Capital EOI, including the details of the proposed lease arrangements for approval.

Relationship between Lot 12 redevelopment and TAFE lease

Council’s decision to pursue the Creative Capital redevelopment proposal for Lot 12 means that any Council-TAFE lease for part of Lot 12 needs to be consistent with Creative Capital’s master plan.

The level of detail still to worked through regarding the Creative Capital proposal means that Council and TAFE cannot presently enter a lease for part of the site. Presently, there is nothing for TAFE to lease.

Council and TAFE can enter a binding agreement once details including the following are known:

· Key development dates under the master plan (which will depend on the relevant consent authority for various works, and when TAFE and Creative Capital receive development consent to carry out their respective works on the site);

· The precise size of TAFE’s leased lot; and

· The site’s annual rent (which depends on the final lot size).

Notwithstanding the details that still need to be resolved, Council staff and TAFE’s expectation is that the executed agreement for lease and lease between the parties will be on similar terms to those previously considered by Council (both attached to this report).

Timetable for proposed lease

As noted above, key details about the Council -TAFE lease cannot be known at this stage.

However, the following table shows the estimated new timetable for TAFE’s construction and occupation of its Lot 12 campus, based on Creative Capital’s delivery programme:

Event	Creative Capital timetable
Council-TAFE enter agreement for lease	Sometime to prior to March 2021 (subject to Council-Creative Capital development services agreement making provision for TAFE access to site)
TAFE works start (subject to receiving development consent; possibly from Joint Regional Planning Panel)	Sometime after December 2021 (approximate start date for Creative Capital stage one works)
Council works complete	July-August 2022 (being done by Creative Capital)
TAFE works complete	March 2023
Council-TAFE lease starts	Later of Creative Capital works relevant to TAFE or TAFE works finishing (assume March 2023)
Sunset date (allowing either Council or TAFE to terminate agreement)	September 2023
Lease subdivision registered by Council	By September 2023

Creative Capital’s delivery programme has the TAFE development as the second stage of its overall plan; right after the necessary civil works are completed on the site (stage one).

Regarding the above timetable, Council staff note:

· The timetable is subject to change. For instance, Creative Capital’s delivery programme notes that proposed stage one will be carried out in a way that enables the TAFE campus construction to start as early as possible.

· The TAFE development will generally need to proceed parallel with the broader masterplan redevelopment to ensure a cohesive redevelopment of the whole site (e.g., consistent civil works, services connections and easements).

· The proposed model from Creative Capital regarding Lot 12’s redevelopment is likely to be regarded as a public-private partnership under the Local Government Act 1993. Further, based on recent discussions with the Office of Local Government regarding the old Byron Bay hospital site, it is possible, although unlikely that Council’s proposed arrangement with TAFE could also trigger the public-private partnership provisions. Council cannot enter a public-private partnership without complying with the Local Government Act’s reporting requirements. The proposed Statement of Outcomes contained in recommendation 1 is relevant to a public-private partnership reporting requirement. Council’s resolution is sought now so as to avoid delay later on in the process should the relationship be assessed as a public-private partnership, which is currently being further investigated.

TAFE site location and rent return

The Creative Capital proposal:

· Relocates the TAFE campus fronting Bayshore Drive to further back on the site; and

· Reduces the campus from about 5,260 square metres to about 3,532 square metres.

The above changes, based on the latest Valuation Report commissioned by Council, will reduce TAFE’s rent from $382,000 (ex-GST) per annum to $187,677 (ex-GST) per annum.

TAFE has advised Council that the proposed lot size for its development will need to be increased. This will require a revaluation of the land and the rent flowing from it. Council staff do not expect this revaluation to significantly increased the current proposed rent.

Next steps

Because the lease of any Council land within the overall masterplan is subsidiary to the masterplan redevelopment (there is nothing to lease until the masterplan is finalised), Council cannot reasonably enter a lease with TAFE at this time.

However, as can be seen above, Council sees the TAFE campus construction as unfolding in an orderly way within the masterplan redevelopment. In this context, Council should authorise the general manager to enter a legally binding agreement with TAFE as soon as practicable after its final form can be determined.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 1: We have infrastructure, transport and services which meet our expectations	1.2	Provide essential services and reliable infrastructure which meet an acceptable community standard	1.2.6	Optimise Council’s property portfolio (SP)	1.2.6.1	Progress Lot 12 Bayshore Drive Byron Bay future use
Community Objective 4: We manage growth and change responsibly	4.1	Support the visions and aspirations of local communities through place-based planning and management	4.1.1	Develop, implement and update Place Plans that promote place-based forward planning strategies and actions	4.1.1.5	Implement Our Mullumbimby Masterplan, Bangalow Village Plan and Byron Arts and Industry Estate Plan

Legal/Statutory/Policy Considerations

Under the Local Government Act 1993, Council is free to lease operational land to who it wishes. However, certain arrangements for public infrastructure that are provided through private sector financing, ownership or control are subject to the Local Government Act’s public-private partnership provisions.

Financial Considerations

When Council considered this matter at the 16 April 2020 Planning Meeting, it was considered that any rental revenue provided by TAFE be reserved to assist with funding the required immediate civil works associated with the TAFE establishment and the broader future development cost of lot 12 Bayshore Drive.

It was suggested that Council establish a specific reserve titled ‘Property Development Reserve – Lot 12 Bayshore Drive and this was included at recommendation 5 to that Report. Upon consideration of the Report, Council adopted an alternative resolution 20-161 that did not prescribe how any rental revenue via a lease with TAFE would be treated.

Given Council resolution 20-644 from the 26 November 2020 Ordinary Meeting where Council may now not be required to contribute to any cost to redevelop lot 12 Bayshore Drive, it is for Council to determine what to do with any rental revenue that may arise from a lease agreement with TAFE.

Along the lines promoted in the 16 April 2020 Planning Meeting Report, it is suggested that Council quarantine the rental revenue and allocate it to a newly created reserve titled ‘Property Development Reserve – Lot 12 Bayshore Drive’. If at a future point Council wishes to reallocate any revenue generated and contained in this reserve for another purpose, it will be free to do so by resolution.

Consultation and Engagement

Further discussions between Council, TAFE and Creative Capital are necessary to ensure each group’s interests are met prior to the general manager entering a lease with TAFE on Council’s behalf.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.4

Staff Reports - Corporate and Community Services

Report No. 13.4 Report of the Public Art Panel meeting held on 29 October 2020

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

Isabelle Hawton, Planner

File No: I2020/1769

Theme: Corporate Management

Community Development

Summary:

A Public Art Panel meeting was held on 29 October 2020 to consider the art components of the Mullumbimby Talking Street Trial and Public Art Conservation and Maintenance.

Recommendations are provided for Council’s consideration. Staff have suggested alternate recommendations regarding the Talking Street Trial, based on updated considerations outlined in the report.

RECOMMENDATION:

1. Regarding the Mullumbimby Talking Street Trial, that Council does not adopt the Recommendation proposed by the Public Art Panel, but instead adopts the following:

a) Notes the feedback provided by the Public Art Panel and supports the recommendation to provide more time for planning and delivery of the art components for the Talking Street Trial;

b) Undertakes a staged approach to place-making/activation elements in the Trial, including art components, as the budget allows, once the final costings of the traffic-calming elements are finalised.

c) Where possible, seeks art components that may be utilised in a more permanent way after the trial is complete.

2. That Council adopts the following Panel recommendations:

a) Notes the current list of Public Artworks in Council’s Asset Management System.

b) Notes that the recently adopted Open Spaces Asset Management Plan includes public art assets and identifies that the current budget allocation for assets outlined in the plan is insufficient to sustain assets at the desired standard.

c) Establishes a Public Art Maintenance Reserve in the Open Spaces and Recreation budget of $10,000 per annum, commencing in the 2021/22 financial year, to cover the cost of annual inspections, conservation and maintenance.

d) Notes that the Public Art Maintenance budget is to be spent only on works that are not scheduled for replacement or maintenance under a separate Council budget or project.

3. That regarding a request for financial assistance for the Brunswick Nature Sculpture Walk event in 2021, Council supports the request with $5,000 towards the 2021 event and encourages the organisers to apply for further funds if needed when the Public Art Small Grants funding becomes available.

Attachments:

1 Minutes 29/10/2020 Public Art Panel, I2020/1656

REPORT

A Public Art Panel meeting was held on 29 October 2020 to consider the art components of the Mullumbimby Talking Street Trial and issues of Public Art Conservation and Maintenance.

The minutes of the meeting are attached. Alternative recommendations regarding the Mullumbimby Talking Street Trial are proposed. Recommendations 2 and 3 are as proposed by the Panel.

Mullumbimby Talking Street Trial

The Mullumbimby ‘Talking Street’ is an activation of Mullumbimby’s main street and the number one priority in the Our Mullumbimby Masterplan. Council was successful in receiving grant funding of $250,000 through the NSW government ‘Streets as Shared Spaces’ program and there may be several opportunities to incorporate art/place-making components into the trial.

The Public Art Panel received an overview of this place-making project and its artistic components, and was asked to provide feedback on a draft curatorial brief. The brief, as put to the Panel, suggested the engagement of an arts curator to coordinate the delivery of nominated arts components, within a budget of $20,000.

The Panel was concerned that the budget was significantly deficient and that the proposed arts components were too small in scope.

The Panel, therefore, made the following recommendations:

Committee Recommendation:

That the Public Art Panel:

1. Notes the project information provided;

2. Provides the following feedback:

a. The Panel supports a delay in the project’s art components due to time and budgetary pressures and requests that the art coordinator role be delivered by the incoming Arts and Cultural Officer who will work with the project team to deliver the art components of the project.

b. That the Arts and Culture officer propose some delivery options for the art components within the Talking Street.

3. Notes that existing Public Art Panel members also participate in the Place Planning Collective and could assist as a conduit between the two to support a more integrated approach to delivering shared public art and place-making outcomes.

Management Comments

Discussion with the Talking Street project team, subsequent to the Panel meeting, further highlighted budgetary and time challenges for the project. It also clarified the intention of this project to be a trial of various interventions (as required by the Streets as Shared Spaces grant).

The fundamental focus of the trial is to slow traffic in Burringbar Street and provide areas within the street where pedestrian spaces can be extended into the road for use by people.

As design of the project is being progressed, it is becoming clear that the overall budget of $250,000 is limiting opportunities, requiring the bulk of the funding to be used for works on the road.

The project team is not yet at the point of being able to confirm the budget that could be available to implement any art components.

The first part of the Panel’s recommendation is therefore supported – to delay the art components of the project and look to deliver art outcomes in a staged way across the trial period based on the best possible outcome from budget available.

In terms of project budget, the Local Traffic Committee meeting on 8^th December will determine the final design and costing for the proposed road interventions and traffic calming treatments. The project team will then be able to finalise all project costs, which will shape the budget allocation for art components.

At that stage, the project team will be able to liaise with the newly appointed Arts and Culture Officer to scope the most efficient program for the delivery of art opportunities throughout the trial.

The inaugural Arts and Culture Officer commenced at Council on 16 November 2020. Pre-existing major priorities span strategic and operational deliverables and include, but are not limited to, commencing work on an Arts and Culture Strategy as per resolution 20-263 and co-developing and implementing a COVID appropriate operating model for the Lone Goat Gallery (currently unable to re-open).

Rather than directly delivering the Art Coordinator role in the Talking Street trial, the Arts and Culture Officer is best-placed to provide advice and expertise to internal and community groups, individuals and stakeholders.

For the above reasons it is not feasible for the Arts and Culture Officer to directly deliver the Art Coordinator role in the Talking Street trial, as this additional operational responsibility would prohibit completion of pre-existing priority deliverables and detract from valuable opportunities for strategic organisational process improvement.

During the trial, there will be ample opportunities to consult with the community about the elements that are favoured and other elements that aren’t working so well. The trial will be a living activation that enables the community to provide feedback and create changes throughout the process.

Further consultation will be undertaken with the Arts & Culture Officer should further budget be established for artistic/place-making elements.

An alternative recommendation is therefore proposed as follows:

Staff Recommendation

That Council:

1. Notes the feedback provided by the Public Art Panel and supports the recommendation to provide more time for planning and the delivery of the art components for the Talking Street Trial;

2. Undertakes a staged approach to place-making/activation elements in the Trial, including art components as the budget allows, once the final costings of the traffic-calming elements are finalised.

3. Where possible, seeks art components that may be utilised in a more permanent way after the trial is complete.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community	2.1	Support and encourage our vibrant culture and creativity	2.1.3	Enhance opportunities for interaction with art in public spaces	2.1.3.1	Implement Public Art Strategy
Community Objective 4: We manage growth and change responsibly	4.1	Support the visions and aspirations of local communities through place-based planning and management	4.1.1	Develop, implement and update Place Plans that promote place-based forward planning strategies and actions	4.1.1.5	Implement Our Mullumbimby Masterplan, Bangalow Village Plan and Byron Arts and Industry Estate Plan

Legal / Statutory / Policy Considerations

The Mullumbimby Talking Street Trial Project is a place activation/place-making project. The art components of the project are temporary. Project approval has already been obtained from Council through the funding application approval process in which the project was firmly situated as a place-making, rather than public art, project. The Public Art Policy, Strategy and Guidelines have provided guidance around art activities.

Financial Considerations

Regarding the Mullumbimby Talking Street Trial, Council was successful in receiving grant funding of $250,000 through the NSW government ‘Streets as Shared Spaces’ program to implement the trial project. The budget for delivering the project’s artistic components was initially estimated at $20,000, although this estimate was subsequently reconsidered.

Regarding Public Art Maintenance and Conservation, the recommendation is for Council to establish a Public Art Maintenance Reserve in the Open Spaces and Recreation budget of $10,000 per annum, commencing in the 2021/22 financial year, to cover the cost of annual inspections, conservation and maintenance.

The recommendation also requests:

1. That Council notes that the recently adopted Open Spaces Asset Management Plan includes public art assets and identifies that the current budget allocation for assets outlined in the plan is insufficient to sustain assets at the desired standard.

2. That the Public Art Maintenance budget be spent only on works that are not scheduled for replacement or maintenance under a separate Council budget or project.

Regarding Brunswick Nature Sculpture Walk, the recommendation requests Council support the request for financial assistance with $5,000 towards the 2021 event. The Public Art budget balance for the 2020/21 financial year is currently $65,900.

Consultation and Engagement

The Mullumbimby Talking Street Project is a result of comprehensive community consultation and there is a high level of collaboration between key community organisations and Council in delivering the trial.

The project was identified by the Mullumbimby Masterplan Guidance Group during the development of Our Mullumbimby Masterplan.

In addition, the following community groups worked with Council to submit the Streets as Shared Spaces grant application:

· Creative Mullumbimby

· Mullumbimby Chamber of Commerce

· Mullumbimby Residents Association

· The Place Planning Collective

To implement the project, a Community Working Group has been established including community members from Creative Mullumbimby, Mullumbimby Chamber of Commerce and Mullumbimby Residents Association.

This report provides the minutes of the Public Art Panel, made up of 6 community representatives, 2 invited members and 2 councillors.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.5

Report No. 13.5 Project Options for the Australian Government Local Roads and Community Infrastructure Program Extension

Directorate: Corporate and Community Services

Report Author: Esmeralda Davis, A/Manager Corporate Services

Christopher Soulsby, Development Planning Officer S94 & S64

File No: I2020/1857

Summary:

The purpose of this report is to present project options to Council for the allocation of $1,408,882 of grant funding to be received from the Australian Government’s Local Roads and Community Infrastructure Program (LRCIP).

RECOMMENDATION:

That Council adopts the projects listed in Option 1 to expend the Australian Government’s Local Roads and Community Infrastructure Program grant.

REPORT

Background

In May 2020, the Deputy Prime Minister, announced the LRCIP and the funding allocation for Councils. Byron Shire Council’s initial allocation under this program was $730,070. In October 2020, an extension to this program was announced, and Council has been allocated a further $1,408,882, available from 1 January 2021, with funds to be expended by 31 December 2021.

At the time of writing this report, the funding agreement had not yet been received and is expected by mid December 2020.

The Program Extension Guidelines are also not yet available, however the initial notification encourages Councils to identify projects “to maximise the opportunity for a range of workers to be retained, redeployed and employed to deliver ready to roll-out projects that provide economic stimulus and benefits to communities”.

Assuming the same eligibility criteria as for the initial allocation, funding will be available for local road and community infrastructure projects that involve the construction, maintenance of and/or improvements to council-owned assets (including natural assets) that are generally accessible to the public. Projects will need to deliver benefits to the community, such as improved accessibility, visual amenity, and safety benefits.

Eligible local road projects may include any of the following associated with a road:

· traffic signs;

· traffic control equipment;

· street lighting equipment;

· a bridge or tunnel;

· a facility off the road used by heavy vehicles in connection with travel on the road (for example, a rest area or weigh station);

· facilities off the road that support the visitor economy; and

· road and sidewalk maintenance, where additional to normal capital works schedules.

Eligible community infrastructure projects could include works involving:

· Closed Circuit TV (CCTV);

· bicycle and walking paths;

· painting or improvements to community facilities;

· repairing and replacing fencing;

· improved accessibility of community facilities and areas;

· landscaping improvements, such as tree planting and beautification of roundabouts;

· picnic shelters or barbeque facilities at community parks;

· playgrounds and skate parks (including all ability playgrounds);

· noise and vibration mitigation measures; and

· off-road car parks (such as those at sporting grounds or parks).

Key issues

Following internal consultation a number of potential project options have been identified, including those which may recently have been submitted as grant applications, as well as priority infrastructure renewal projects based on asset register classification, and Council strategic plans.

Byron Street Shared Path

The Bangalow Village Plan 2019 and the Byron Shire 10 Year Bike Plan 2020 (Bike Plan) identify a number of priority works. The Byron Street Shared Path BA001, BA010 and BA023 include the upgrade of the existing footpath on Byron Street between Station Street and Feros Care Residential Village. The project is currently undergoing detailed design with a shovel ready design expected by June 2021. Total project cost including contingency and the option for a pedestrian bridge over Byron Creek is $1,200,000. The majority of this path is classified as “Priority A” with the link to Feros classified as “Priority C”, however, this link has been advocated for by the community.

This path will provide an accessible connection to the centre of Bangalow, in particular for Bangalow Public School, and is identified as the number 1 priority for access and movement in the Bangalow Village Plan.

Map 1 - Extract from the Bike Plan.

Lighthouse Road Drainage Project

The Lighthouse Road drainage project aims to improve Council’s stormwater drainage and reduce runoff adjacent to the Clarkes Beach Reflections Holiday Park. Stormwater will be redirected from Captain Cook Carpark, Lighthouse Road and the surrounding catchment into Council’s formal drainage network. This will mitigate erosion in the surrounding areas and improve the safety of pedestrians and vehicles in rainfall events.

The project consists of piped drainage, kerb and gutter, a grassed swale, a stormwater detention basin and improvements to parking on Lighthouse Road. The construction of the basin will help improve stormwater quality and will provide detention in rainfall events. Upgrades will be provided to the downstream network in Kipling Street to cater for the additional flow. Detailed Design has been completed for the project. The estimated total project cost including contingency is $1,200,000.

Map 2 – Overall plan of drainage upgrades.

Marvel Hall:

This project significantly improves a community hall providing enduring benefit to the community by providing safe and suitable space for a variety of community activities. Works to remove all asbestos containing material from Marvel Hall are identified as a priority in the asset register and the installation of a ramp is an important element to improve accessibility for all users. The proposed commercial kitchen would ensure more social and economic activities could be held at the hall, in line with Council’s Community Strategic Plan objective 1.2.1 to ensure that building assets are managed to support the provision of services to the community. The Section 355 volunteer committee has undertaken consultation with existing and potential hirers to understand the ongoing revenue and use potential of the proposed commercial kitchen. The estimated total project cost is $400,000.

Station Street Upgrade, Mullumbimby:

The Mullumbimby Masterplan provides that Station Street could be seen as an alternate route to accommodate traffic movements as a result of the implementation of place activation spaces in Burringbar Street. Therefore it is considered necessary to upgrade this route in terms of drainage and road pavement to more safely accommodate increased vehicle traffic.

The scope of work for Station Street between Burringbar Street and Fern Street includes drainage design/upgrade, identification of pavement requiring reinstatement and detailing areas of pavement which need to tie in to the new drainage works, car parking, signage and line marking. The scope also includes the design of an on road separated cycleway to each side of Station Street (as per the bike plan).

Map 3 - Extract from the Bike Plan.

Consideration will need to be given to the timing of these works relative to other Works projects proposed to be undertaken in Mullumbimby over the next year or so, as there are a number of projects in Mullumbimby which are constrained by various funding agreements.

The estimated total project cost is $780,507.

Mullumbimby Recreation Grounds and Skate Park:

The Byron Shire Open Space and Recreation Needs Assessment and Action Plan refers to this precinct as a youth and sporting hub and recommends consideration of a fenced dog off-leash park. Recent renewals and upgrades, including controlled lighting of the Skate Park have seen significant increased community usage of this facility. This increased usage has presented some actual and perceived passive surveillance and territorial re-enforcement and space/activity management challenges, partially as a result of the nearest carpark and public road access being some 200m from the skate park. In discussions with NSW Police regarding Crime Prevention through Environmental Design principles, activation through the provision of infrastructure such as parking is considered highly desirable, as it will allow greater parental supervision and more intergenerational use and activation of the area.

The project would include a 25 bay carpark including disabled parking spaces ($150,000), a fenced dog off leash area ($50,000) with landscaping and additional shade shelter ($50,000).

The costs above are indicative only, and would be further refined prior to the Works Schedule being submitted to the Government.

Options

The selection criteria used to identify the recommended projects were:

1. meeting the Australian Government criteria;

2. being capable of being completed using this grant fund and/or additional developer contributions /grants;

3. informed by, or link to, an existing strategic plan;

4. value-adding to existing programed works or asset renewals;

5. the outcome of existing community consultation with respect to the inclusion of these projects in strategic plans.

The following options are considered eligible and capable of being delivered within the timeframes of the grant:

Option 1	LRCIP	Developer Contributions	Other Council	Total Project Cost
Lighthouse Road Drainage project	$1,200,000	$0	$0	$1,200,000
Marvel Hall Kitchen Upgrade with asbestos removal and new access ramp	$208,882	$0	$191,118 from SRV	$400,000
Total	$1,408,882			$1,600,000

Option 2	LRCIP	Developer Contributions	Other Council	Total Project Cost
Byron Street Shared Path – Bangalow (including link to Feros Village)	$1,200,000	$0	$0	$1,200,000
Marvel Hall Kitchen Upgrade with asbestos removal and new access ramp	$208,882	$0	$191,118 from SRV	$400,000
Total	$1,408,882			$1,600,000

Option 3	LRCIP	Developer Contributions	Other Council	Total Project Cost
Station Street Upgrade - Mullumbimby	$780,507	$0	$0	$780,507
Marvel Hall Kitchen Upgrade with asbestos removal and new access ramp	$400,000	$0	$0	$400,000
Mullumbimby Recreation Grounds and Skate Park	$228,375	$21,625 from open space	$0	$250,000
Total	$1,408,882			$1,430,507

Next steps:

As funding is expected to be received early in 2021, Council is asked to consider the above options and determine how it would like to apply the funding.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 5: We have Infrastructure, Transport and Services which meet our expectations

5.5

Manage Council’s finances

5.5.1

Enhance the financial capability and

acumen of Council

5.5.1.2

Support the organisation in identifying financial

implications of projects, proposals and plans

Any projects selected by Council to apply the LRCIP funding towards will be included in the next revision of Council’s Operational Plan 2020-21.

Legal/Statutory/Policy Considerations

There are no statutory or legal implications with the funding of these projects.

Financial Considerations

There are no adverse impacts on Council’s financial position as all of the projects are funded from grants, developer contributions or existing budget allocations.

Consultation and Engagement

The following Council staff were consulted in the preparation of identifying projects:

· Executive Team;

· Manager Open Spaces;

· Manager Works;

· Manager Social and Cultural Development;

· Infrastructure Planning Coordinator;

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.6

Report No. 13.6 Council Investments - 1 November 2020 to 30 November 2020

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2020/1868

Summary:

This report includes a list of investments and identifies Council’s overall cash position for the period 1 November 2020 to 30 November 2020 for information.

This report is prepared to comply with Regulation 212 of the Local Government (General) Regulation 2005.

RECOMMENDATION:

That Council notes the report listing Council’s investments and overall cash position as at 30 November 2020.

REPORT

Council has continued to maintain a diversified portfolio of investments. At 30 November 2020, the average 90 day bank bill rate (BBSW) for the month of November 2020 was 0.0548%. Council’s performance to 30 November 2020 was 0.79%. This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits, bonds and purchasing floating rate notes with attractive interest rates. It should be noted that as investments mature, Council’s investment return may continue to decrease due to the lower rates available in the current market.

The table below identifies the investments held by Council as at 30 November 2020.

Schedule of Investments held as at 30 November 2020

Purch Date	Principal ($)	Description	CP*	Rating	Maturity Date	No Fossil Fuel	Type	Interest Rate Per Annum	Current Value
24/03/17	1,000,000	NAB Social Bond (Gender Equality)	Y	AA-	24/03/22	N	B	3.25%	1,046,700.00
15/11/18	980,060	NSW Treasury Corp (Green Bond)	N	AAA	15/11/28	Y	B	3.00%	1,152,260.00
20/11/18	1,018,290	QLD Treasury Corp (Green Bond)	N	AA+	22/03/24	Y	B	3.00%	1,091,930.00
28/03/19	1,000,000	National Housing Finance & Investment Corporation	Y	AAA	28/03/31	Y	B	2.38%	1,126,670.00
21/11/19	1,000,250	NSW Treasury Corp (Sustainability Bond)	N	AAA	20/03/25	Y	B	1.25%	1,028,020.00
27/11/19	500,000	National Housing Finance & Investment Social Bond	Y	AAA	27/05/30	Y	B	1.57%	522,906.50
31/03/17	1,000,000	CBA Climate Bond	Y	AA-	31/03/22	N	FRN	1.02%	1,010,430.00
16/11/17	750,000	Bank of Queensland	Y	BBB+	16/11/21	N	FRN	1.12%	753,337.50
30/08/18	500,000	Bank Australia Ltd (Sustainability Bond)	Y	BBB+	30/08/21	Y	FRN	1.39%	502,890.00
07/12/18	2,000,000	Credit Union Australia	Y	BBB	07/12/20	Y	TD	3.02%	2,000,000.00
06/01/20	1,000,000	Judo Bank	Y	NR	05/01/21	N	TD	2.10%	1,000,000.00
20/01/20	1,000,000	Westpac (Tailored)	Y	AA-	20/01/21	N	TD	1.41%	1,000,000.00
02/06/20	1,000,000	AMP Bank	Y	BBB	01/12/20	N	TD	1.60%	1,000,000.00
03/06/20	1,000,000	Auswide Bank	Y	NR	02/12/20	N	TD	1.15%	1,000,000.00
02/06/20	1,000,000	ME Bank	Y	BBB	01/12/20	N	TD	1.13%	1,000,000.00
24/07/20	2,000,000	Bank of Queensland	N	BBB+	19/07/21	N	TD	0.90%	2,000,000.00
28/07/20	1,000,000	ME Bank	N	BBB	29/01/21	Y	TD	0.63%	1,000,000.00
30/07/20	1,000,000	Judo Bank	N	NR	30/07/21	N	TD	1.25%	1,000,000.00
03/08/20	1,000,000	NAB	N	AA-	03/08/21	N	TD	0.85%	1,000,000.00
04/08/20	2,000,000	Suncorp	Y	A+	01/02/21	N	TD	0.70%	2,000,000.00
19/08/20	2,000,000	NAB	N	AA-	17/12/20	N	TD	0.70%	2,000,000.00
19/08/20	2,000,000	NAB	N	AA-	19/08/21	N	TD	0.80%	2,000,000.00
26/08/20	1,000,000	AMP Bank	N	BBB	26/08/21	N	TD	0.80%	1,000,000.00
02/09/20	1,000,000	Bank of Queensland	N	BBB+	01/09/21	N	TD	0.78%	1,000,000.00
02/09/20	1,000,000	NAB	N	AA-	02/09/21	N	TD	0.75%	1,000,000.00
07/09/20	2,000,000	NAB	N	AA-	05/01/21	N	TD	0.70%	2,000,000.00
24/09/20	2,000,000	NAB	N	AA-	24/09/21	N	TD	0.65%	2,000,000.00
30/09/20	1,000,000	Bank of Queensland	N	BBB+	30/09/21	N	TD	0.65%	1,000,000.00
30/09/20	2,000,000	CBA Green Deposit	N	AA-	30/09/21	N	TD	0.70%	2,000,000.00
06/10/20	1,000,000	Police Credit Union Ltd (SA)	Y	NR	06/01/21	N	TD	0.80%	1,000,000.00
07/10/20	2,000,000	MyState Bank Limited	Y	NR	07/10/21	Y	TD	0.70%	2,000,000.00
13/10/20	1,000,000	The Mutual Bank	Y	NR	13/04/21	N	TD	0.60%	1,000,000.00
27/10/20	1,000,000	The Capricornian	Y	NR	28/01/21	Y	TD	0.50%	1,000,000.00
28/10/20	1,000,000	The Mutual Bank	N	NR	27/01/21	N	TD	0.45%	1,000,000.00
04/11/20	1,000,001	AMP Bank	N	BBB	05/05/21	N	TD	0.55%	1,000,001.00
04/11/20	2,000,000	NAB	N	AA-	04/11/21	N	TD	0.55%	2,000,000.00
09/11/20	1,000,000	Community First Credit Union	Y	NR	09/11/21	Y	TD	0.65%	1,000,000.00
09/11/20	1,000,000	The Mutual Bank	N	NR	09/08/21	N	TD	0.65%	1,000,000.00
23/11/20	1,000,000	AMP Bank	N	BBB	23/11/21	N	TD	0.75%	1,000,000.00
24/11/20	1,000,000	Judo Bank	N	NR	24/11/21	Y	TD	0.84%	1,000,000.00
25/11/20	2,000,000	AMP Bank	N	BBB	26/05/21	Y	TD	0.70%	2,000,000.00
26/11/20	1,000,000	Community First Credit Union	N	NR	26/11/21	Y	TD	0.65%	1,000,000.00
26/11/20	1,000,000	Macquarie Bank	Y	A	22/10/21	N	TD	0.50%	1,000,000.00
N/A	12,759,011.16	CBA Business Saver	N	AA-	N/A	N	CALL	0.35%	12,759,011.16
N/A	4,279,767.89	CBA Business Saver – Tourism Infrastructure Grant	N	AA-	N/A	N	CALL	0.35%	4,279,767.89
N/A	6,108,282.80	NSW Treasury Corp	N	AAA	N/A	Y	CALL	0.05%	6,108,282.80
Total	75,895,662.85						AVG	0.79%	76,382,206.85

Note 1.	CP = Capital protection on maturity
	N = No Capital Protection
	Y = Fully covered by Government Guarantee
	P = Partial Government Guarantee of $250,000 (Financial Claims Scheme)

Note 2.	No Fossil Fuel ADI
	Y = No investment in Fossil Fuels
	N = Investment in Fossil Fuels
	U = Unknown Status

Note 3.	Type	Description
	B	Bonds	Principal can vary based on valuation, interest payable via a fixed interest, payable usually each quarter.
	FRN	Floating Rate Note	Principal can vary based on valuation, interest payable via a floating interest rate that varies each quarter.
	TD	Term Deposit	Principal does not vary during investment term. Interest payable is fixed at the rate invested for the investment term.
	CALL	Call Account	Principal varies due to cash flow demands from deposits/withdrawals, interest is payable on the daily balance.

Environmental and Socially Responsible Investing (ESRI)

An additional column has been added to the schedule of Investments to identify if the financial institution holding the Council investment has been assessed as a ‘No Fossil Fuel’ investing institution. This information has been sourced through www.marketforces.org.au and identifies financial institutions that either invest in fossil fuel related industries or do not. The graph below highlights the percentage of each classification across Council’s total investment portfolio in respect of fossil fuels only.

The notion of Environmental and Socially Responsible Investing is much broader than whether a financial institution as rated by ‘marketforces.org.au’ invests in fossil fuels or not. Council’s current Investment Policy defines Environmental and Socially Responsible Investing at Section 4.1 of the Policy which can be found on Council’s website.

Council has three investments with financial institutions that invest in fossil fuels but are nevertheless aligned with the broader definition of Environmental and Socially Responsible investments i.e.:

1. $1,000,000 investment with the National Australia Bank maturing on 24 March 2022 known as a Social Bond that promotes Gender Equity.

2. $1,000,000 investment with Commonwealth Bank maturing on 31 March 2022 known as a Climate Bond.

3. $2,000,000 investment with Commonwealth Bank maturing on 30 September 2021 known as a Green Deposit.

Investment Policy Compliance

The above table identifies compliance with Council’s Investment Policy by the proportion of the investment portfolio invested with financial institutions, along with their associated credit ratings compared to parameters in the Investment Policy. The parameters are designed to support prudent short and long-term management of credit risk and ensure diversification of the investment portfolio. Note that the financial institutions currently offering investments in the ‘ethical’ area are still mainly those with lower credit ratings (being either BBB or not rated at all i.e. credit unions).

Associated Risk

Moving more of the investment portfolio into the ‘ethical’ space will lower the credit quality of the investment portfolio overall and increase the organisation’s credit risk (i.e. exposure to potential default). To monitor this issue the ‘Investment Policy Compliance’ table is now produced for each monthly Investment Report to Council.

The investment portfolio is outlined in the table below by investment type for the period 1

November 2020 to 30 November 2020:

Dissection of Council Investment Portfolio as at 30 November 2020

Principal Value ($)	Investment Linked to:	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
45,000,001.00	Term Deposits	45,000,001.00	0.00
2,250,000.00	Floating Rate Note	2,266,657.50	16,657.50
12,759,011.16	CBA Business Saver	12,759,011.16	0.00
4,279,767.89	CBA Business Saver – Tourism Infrastructure Grant	4,279,767.89	0.00
6,108,282.80	NSW Treasury Corp	6,108,282.80	0.00
5,498,600.00	Bonds	5,968,486.50	469,886.50
75,895,662.85		76,382,206.85	486,544.00

The current value of an investment compared to the principal value (face value or original purchase price) provides an indication of the performance of the investment without reference to the coupon (interest) rate. The current value represents the value received if an investment was sold or traded in the current market, in addition to the interest received.

The table below provides a reconciliation of investment purchases and maturities for the period of 1 November 2020 to 30 November 2020 on a current market value basis.

Movement in Investment Portfolio – 30 November 2020

Item	Current Market Value (at end of month) $
Opening Balance at 1 October 2020	74,882,206.85
Add: New Investments Purchased	11,000,001.00
Add: Call Account Additions	2,000,000.00
Add: Tourism Call Account Additions	0.00
Add: T Corp Additions	0.00
Less: Call Account Redemption	4,500,000.00
Less: Investments Matured	7,000,001.00
Less: Tourism Call Account Redemption	0.00
Less: T Corp Redemption	0.00
Plus: Fair Value Movement for period	0.00
Closing Balance at 30 November 2020	76,382,206.85

Term Deposit Investments Maturities and Returns – 1 November to 30 November 2020

Principal Value ($)	Description	Maturity Date	Number of Days Invested	Interest Rate Per Annum	Interest Paid on Maturity $
1,000,000.00	Maitland Mutual Bank	09/11/2020	181	1.50%	7,438.36
1,000,001.00	AMP Bank	04/11/2020	182	1.65%	8,227.41
1,000,000.00	AMP Bank	23/11/2020	182	1.65%	8,227.40
1,000,000.00	Macquarie Bank	26/11/2020	365	1.80%	18,000.00
1,000,000.00	Judo Bank	24/11/2020	182	1.70%	8,476.71
2,000,000.00	AMP Bank	25/11/2020	182	1.65%	16,454.79
7,000,001.00					66,824.67

Council’s overall ‘cash position’ is not only measured by funds invested but also by the funds retained in its consolidated fund or bank account for operational purposes. In this regard, for the month of November 2020 the table below identifies Council’s overall cash position as follows:

Dissection of Council’s Cash Position as at 30 November 2020

Item	Principal Value ($)	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
Investments Portfolio
Term Deposits	45,000,001.00	45,000,001.00	0.00
Floating Rate Note	2,250,000.00	2,266,657.50	16,657.50
CBA Business Saver	12,759,011.16	12,759,011.16	0.00
CBA Business Saver – Tourism Infrastructure Grant	4,279,767.89	4,279,767.89	0.00
NSW Treasury Corp	6,108,282.80	6,108,282.80	0.00
Bonds	5,498,600.00	5,968,486.50	469,886.50
Total Investment Portfolio	75,895,662.85	76,382,206.85	486,544.00

Cash at Bank
Consolidated Fund	5,083,503.22	5,083,503.22
Total Cash at Bank	5,083,503.22	5,083,503.22	0.00

Total Cash Position	80,979,166.07	81,465,710.07	486,544.00

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 5: We have community led decision making which is open and inclusive

5.5

Manage Council’s finances sustainably

5.5.2

Ensure the financial integrity and sustainability of Council through effective planning and reporting systems (SP)

5.5.2.6

Identification of ethical investment opportunities with environmental and social inclusion outcomes

Legal/Statutory/Policy Considerations

In accordance with Regulation 212 of the Local Government (General) Regulation 2005, the Responsible Accounting Officer of Council must provide Council with a monthly report detailing all monies it has invested under section 625 of the Local Government Act 1993.

The Report must be presented at the next Ordinary Meeting of Council after the end of the month being reported. The current Council Meeting cycle does not always allow this to occur, especially as investment valuations required for the preparation of the report are often received after the deadline for the submission of reports. Endeavours are being made to achieve a better alignment and for some months this will require reporting for one or more months.

Council’s investments are made in accordance with section 625(2) of the Local Government Act 1993 and Council’s Investment Policy. The Local Government Act 1993 allows Council to invest money as per the Minister’s Order – Forms of Investment, last published in the Government Gazette on 11 March 2011.

Council’s Investment Policy includes the objective of maximising earnings from authorised investments and ensuring the security of Council Funds.

Financial Considerations

Council uses a diversified mix of investments to achieve short, medium and long-term results.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.8

Staff Reports - Sustainable Environment and Economy

Report No. 13.8 Council's Annual Emissions Inventory and progress towards our net zero emissions target

Directorate: Sustainable Environment and Economy

Report Author: Hayley Briggs, Sustainability and Emissions Reduction Officer

Julia Curry, Sustainability and Emissions Reduction Officer

Rachel Thatcher, Sustainability and Emissions Reduction Officer

File No: I2020/1364

Summary:

This report outlines the annual emissions inventory for the 2019/20 financial year (Attachment 1 - #E2020/89501) for Byron Shire Council and provides an update showing that Council is on track for meeting the net zero emissions target.

This report also advises that the Councillor and staff carbon offsetting workshop that was scheduled for the 2020/21 financial year (Res 19-634) has been postponed due to COVID-19 restrictions and not being funded in the 2020/21 Budget.

The Sustainability Team will organise the workshop for the 2021/22 financial year instead.

RECOMMENDATION:

That Council notes:

1. The annual emissions inventory (Attachment 1 - #E2020/89501) and Council’s progress toward meeting the net zero emissions target.

2. A Councillor and staff workshop will be organised in the 2021/22 financial year addressing the scope and implications associated with carbon offsetting.

3. A report will be compiled on the outcomes of the workshop (item 2 above) which will form the foundation for a carbon offsetting policy and procedure as identified in the Net Zero Emissions Strategy for Council Operations 2025.

Attachments:

1 2019/20 Annual inventory of Council's emissions profile and progress update, E2020/89501

2 2018/19 Council Annual Emissions Inventory and Achieving Net Zero Emissions Target, E2019/83875

3 Net Zero Emissions Action Plan for Council Operations 2025, E2020/56957

4 Net Zero Emissions Strategy for Council Operations 2025, E2019/37526

REPORT

This report outlines Council’s annual emissions inventory for the 2019/20 financial year and provides an update showing that Council is on track for meeting the net zero emissions target.

Emissions Reduction and Tracking

Byron Shire Council has experienced a 26% reduction in organisational carbon emissions compared to the previous year. This was predominantly due to the electricity contract with Powershop that fully offset electricity use (only half of the 2018/19 financial year was offset as the Powershop contract commenced in January 2019), and the natural decline of landfill gas fugitive emissions. This reduction brings Council on track to meeting the target of net zero emissions so long as this level of electricity offset is maintained in perpetuity.

Figure 1 and Table 1 below show how Council is tracking towards the net zero target.

Figure 1 – 2019-20 Emissions tracking towards 2025 target

Table 1 – 2019-20 Actual and net emissions since baseline year 2015/16

Table 2 – Summary of Emissions Sectors

Summary of Emissions Sectors
	Highlights	Emissions Change (tCO2e)
Electricity	· Supplier Powershop provides 100% carbon offset electricity. · 7% reduction in electricity use and actual emissions, partly due to almost 400kW of solar PV being installed on various Council assets in late 2019. · 99.9% reduction in net (offset) emissions. · Annual cost $1,244,220.	-2,244
Streetlights	· Supplier Powershop provides 100% carbon offset electricity. · 100% reduction in net (offset) emissions. · 32 new streetlights were added throughout the Shire, however electricity use was reduced by 0.5% due to 260 streetlights being replaced with LEDs in Ocean Shores in December 2019. · A cost benefit analysis of a bulk roll out of LED’s is being investigated as a mater of priority in consultation with Essential Energy. · Annual cost $307,320.	-314
Fleet	· 5% increase in fuel consumption. · Cost for 2019/20 actually fell by 3% compared to the previous year, as the price of petrol and diesel fell significantly in early 2020 due to the impact of COVID-19 and the oversupply of crude oil globally. · 47% of fuel used in light (passenger) vehicle fleet and 53% used in heavy plant and equipment. · Significant action is required to reduce fleet sector emissions. · Annual cost $613,329.	+59
Bottled Gas	· Negligible emissions footprint. · 25% reduction in consumption due to travel bans and child care centre shut downs from COVID-19. · No action required. · Annual cost $10,235.	-9
Waste	· 9% reduction due to natural decline of landfill. · Composting emissions have been included for the second year in a row. · Analysis of landfill methane gas flare and Australian Carbon Credit Unit generation in line with the net zero target will be completed this financial year.	-1,532
Waste Water	· 4% decrease in waste water fugitive emissions, despite a 5% increase in flow (which was likely due to heavy rains post-drought) · Decrease in emissions is due to several compounding factors, including increases in recycled water use, a larger amount of land-applied biosolids tonnage and improved treatment at some plants. · Main area of action required is reducing waste water generation from the community and inflow and infiltration from storm water to the sewer system.	-48
Total		-4,088

A full and detailed analysis of each sector and suggested action is provided in Attachment 1.

Carbon Offsetting

At the Ordinary Council Meeting of 12 December 2019, Council resolved to become certified carbon neutral under Climate Active (formerly the National Carbon Offset Standard, or NCOS) commencing in the 2025/26 financial year (Res 19-634). In order to become certified Council will need to purchase carbon offset units for its outstanding emissions.

Carbon offset units are reductions of greenhouse gases or removals of greenhouse gases from the atmosphere by sinks, are tradeable and can be used to negate (or offset) all or part of Council’s emissions. For detailed background information on carbon offsets see p. 5 of 2018/19 Council Annual Emissions Inventory and Achieving Net Zero Emissions Target (Attachment 2).

Councillor Workshop - Carbon Offset Policy

At the 12 December 2019 Meeting, Council further resolved that a Councillor and staff workshop was to be organised in the 2020/21 financial year in order to fully understand the scope and implications associated with carbon offsetting and that the workshop report was to form the foundation for an offsetting policy and procedure as identified in the Net Zero Emissions Strategy for Council Operations 2025).

However, due to a number of reasons including COVID-19 restrictions and other work priorities in the Sustainability Team, the planned offsetting workshop will not proceed this financial year. The Sustainability Team will organise the workshop for the 2021/22 financial year instead.

Net Zero Emissions Action Plan for Council Operations 2025

At the Ordinary Council Meeting of 26 November 2020, Council adopted the final version of the Net Zero Emissions Action Plan for Council Operations 2025 (the Action Plan) (Attachment 3) (Res 20-628).

The Action Plan maps a path for future activities that Council will undertake in order to reduce emissions from Council operations. The Action Plan is founded on the Net Zero Emissions Strategy for Council Operations 2025 (the Strategy) (Attachment 4) and Council’s commitments to being net zero emissions for Council operations by 2025, and to sourcing 100% of its electricity through renewable energy by 2027. Progress updates on the Action Plan will be provided to Council each year as part of the annual emissions inventory, with the first update to be provided in the 2020/21 inventory.

The Action Plan was designed to align with the Delivery Program and Operational Plan and allocates responsibility for specific actions to different Directorates. This will keep staff accountable and help track progress.

There are five objectives, based on Council’s principal sources of emissions, which provide the Action Plan’s basic structure:

· Objective A – Electricity;

· Objective B – Fuel;

· Objective C – Waste, Water, and Sewer;

· Objective D – Governance; and

· Objective E – Community Infrastructure.

Actions within the Action Plan are labelled based on the emissions objective (i.e. sector) they correlate to. For example, under Objective A – Electricity, Action A1 is “investigate 5MW solar farm at Dingo Lane, Myocum”. Actions from the Action Plan that are relevant to reducing emissions in a specific sector this financial year are referenced throughout the attached inventory. Councils annual Operational Plan (OP) Activities are linked where relevant.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

	CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 3: We protect and enhance our natural environment		3.2	Strive to become a sustainable community	3.2.1	Work towards Council's zero-emissions target	3.2.1.1	Deliver the Net Zero Emissions Action Plan for Council Operations 2025
Community Objective 3: We protect and enhance our natural environment		3.2	Strive to become a sustainable community	3.2.1	Work towards Council's zero-emissions target	3.2.1.2	Prepare Annual Emissions Inventory to determine progress towards 2025 Net Zero Emission Target
Community Objective 3: We protect and enhance our natural environment		3.2	Strive to become a sustainable community	3.2.1	Work towards Council's zero-emissions target	3.2.1.4	Investigate Council's methane gas flare and Australian carbon credit unit generation in line with net zero emissions target

Legal/Statutory/Policy Considerations

N/A

Financial Considerations

N/A

Consultation and Engagement

This report was prepared in consultation with all Directorates and was endorsed by the Executive Team at the Meeting of 2 December 2020.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.9

Report No. 13.9 Main Beach Shoreline Project - community consultation on the 7 options

Directorate: Sustainable Environment and Economy

Report Author: Chloe Dowsett, Coastal and Biodiversity Coordinator

File No: I2020/1481

Summary:

Launched in August 2019, the Main Beach Shoreline Project (MBSP) is focused on finding the solution for modification of the coastal protection works that will give the best possible outcomes for Main Beach, Byron Bay and adjacent areas. The design investigation being delivered by Bluecoast Consulting Engineers aims to understand how the current protection structures can be improved to best protect both the Byron Bay Town Centre from coastal erosion and climate change impacts into the future, and improve public safety, beach amenity and access.

An appraisal of generic options has been completed and is outlined in the Concept Design Development Report, November 2020 (Attachment 1). Following an appraisal of the generic design options a preliminary suite of the seven most suitable designs have been selected for further consideration.

Seven discrete design options have been developed that are considered appropriate for further consideration. The current seven discrete options considered appropriate for further consideration being:

·....... Option 1 – rock revetment and stepped concrete seawall

·....... Option 2 – berm rock revetment and pathway

·....... Option 3 – detached groyne

·....... Option 4 – artificial headland with sand bypassing

·....... Option 5 – protective structure moved landward by 10m

·....... Option 6 – protective structure moved landward by up to 30m

·....... Option 7 – existing structure upgraded to contemporary standards

At the 27 August 2020 Council meeting, Council resolved (Res 20-436):

1. That Council endorses the top seven concept options outlined in Attachment 1 (E2020/40490) for key stakeholder and broader community engagement.

2. That Bluecoast undertake an assessment of a further alternative concept (Option 8) which:

• better supports beach recovery and resilience after storm events

• increases and improves social, cultural and recreational spaces at Main Beach

• enhances the protection of current built infrastructure and the town centre

• considers constructing the recreational areas above the original beach seaward of a buried seawall which is aligned with the natural beach.

3. And that is in accordance with the Project Objectives and provide feedback in the form of a Memo to Councillors, prior to community engagement, on the feasibility of Option 8.

4. Depending on the outcome of Item # 2 above (Option 8) it may be added to the top seven concept options to progress to the next stage.

5. That Council receives a report during the community engagement on the assessment of Option 8, detailing the submissions received and staff response to these submissions, and extend the exhibition period accordingly.

In accordance with item #2 of the resolution Bluecoast and Principal Consultant, Angus Gordon of Coastal Zone Management completed an assessment of an alternative concept as resolved at the 27 August Council meeting. The assessment is provided in the form of a short report in Attachment 2 (#E2020/90352).

The outcome of the assessment and findings of this report conclude that the alternative Option 8 is not considered feasible for the modification of the coastal protection structure at Main Beach. As such, in accordance with Council resolution (Res 20-436) item # 3 Alternative Option 8 has not be added to the top seven (7) concept options for broader community engagement. However, this Option has been made public and provided on Council's website.

Broader community engagement is presently being undertaken along with key stakeholder consultation. Extensive project information, reports and material is provided for review at

https://www.byron.nsw.gov.au/Services/Environment/Coast-and-waterways/Coastal-projects/Main-Beach-Shoreline-Project

An online survey commenced on Wednesday 11 November (until 23 December 2020). The aim of the community consultation is to gain an appreciation of what the community value most about Main Beach, their expectations and objectives as to how the foreshore is managed and to get feedback on the key design elements/features and the seven concept options.

The Your Say page will remain live with all project information available during the Christmas Break and into the New Year 2021. Submissions will be received up until Friday 15January 2021 via email (with contact details provided on the Your Say project page).

Once community/stakeholder feedback is received, a report will be presented to Council early 2021 outlining the key outcomes and feedback received. Council will then select the three options for progression to the next phase of the project for further refinement and detailed technical assessment.

RECOMMENDATION:

That Council:

1. Notes the community engagement activities for the Main Beach Shoreline Project presently being undertaken on the seven (7) concept design options (as outlined in Table 1 of this report).

2. Receives a report in early 2021 on the outcomes of community engagement activities and feedback received to inform the selection by Council of three (3) of the seven (7) discrete concept options to progress to the next stage of the project for further refinement and detailed technical assessment.

Attachments:

1 Main Beach Shoreline Project - Concept Design Development Report (Bluecoast, November 2020), E2020/40490

2 Main Beach Shoreline Project - Assessment of Alternative option 8 as resolved at the 27 August 2020 Council meeting (Bluecoast and CZM, November 2020), E2020/90352

REPORT

Background

Launched in August 2019, the Main Beach Shoreline Project (MBSP) is focussed on finding the solution for modification of the coastal protection works that will give the best possible outcomes for Main Beach, Byron Bay and adjacent areas. The design investigation being delivered by Bluecoast Consulting Engineers aims to understand how the current protection structures can be improved to best protect both the Byron Bay Town Centre from coastal erosion and climate change impacts into the future, and improve public safety, beach amenity and access.

The project is based on a ‘multiple lines of evidence’ approach which includes coastal modelling, geomorphological assessment of the shoreline, collection of wave data and expert observations. In addition, social, environmental and economic values will be explored and considered as part of the evidence based approach.

Options Assessment

An appraisal of generic options has been completed and is outlined in the Concept Design Development Report, November 2020 (Attachment 1). The report considers a wide range of generic coastal protection design options providing an overview of these options and commentary as to their suitability for the MBSP. Following an appraisal of the generic design options a preliminary suite of the seven most suitable designs have been selected for further consideration. Within each of these design options there may be several possible layout configurations, extents and materials that could be incorporated in the design (such as crest level, longshore extent). It should be noted that any option or design element that did not meet the mandatory project requirements was not considered further.

The project area is a high value beach and foreshore public space. When this is combined with the poor condition of the existing coastal protection structure, it is understood that non-works options such as ‘do nothing’ or complete removal of the structure are not acceptable to Council, DPIE or the local community. As such, these options have not been considered further.

Seven (7) discrete design options have been developed that are considered appropriate for further consideration. The current seven discrete options considered appropriate for further consideration being:

·....... Option 1 – rock revetment and stepped concrete seawall

·....... Option 2 – berm rock revetment and pathway

·....... Option 3 – detached groyne

·....... Option 4 – artificial headland with sand bypassing

·....... Option 5 – protective structure moved landward by 10m

·....... Option 6 – protective structure moved landward by up to 30m

·....... Option 7 – existing structure upgraded to contemporary standards

Council resolution (Res 40-436)

At the 27 August 2020 Council meeting, Council resolved (Res 20-436):

1. That Council endorses the top seven concept options outlined in Attachment 1 (E2020/40490) for key stakeholder and broader community engagement.

2. That Bluecoast undertake an assessment of a further alternative concept (Option 8) which:

• better supports beach recovery and resilience after storm events

• increases and improves social, cultural and recreational spaces at Main Beach

• enhances the protection of current built infrastructure and the town centre

• considers constructing the recreational areas above the original beach seaward of a buried seawall which is aligned with the natural beach.

3. And that is in accordance with the Project Objectives and provide feedback in the form of a Memo to Councillors, prior to community engagement, on the feasibility of Option 8.

4. Depending on the outcome of Item # 2 above (Option 8) it may be added to the top seven concept options to progress to the next stage.

Assessment of Option 8

The outcome of the assessment and findings of this report conclude that the alternative Option 8 does not perform any greater than the seven (7) discrete options and is not considered appropriate or feasible for further consideration. For the reasons outlined in this report Bluecoast Consulting Engineers and Principal Consultant Angus Gordon (Coastal Zone Management) do not recommend that the alternative Option 8 is pursued any further by Council as a potential option for the Main Beach Shoreline Project.

As such, in accordance with Council resolution (Res 20-436) item # 3 Alternative Option 8 has not be added to the top seven (7) concept options for broader community engagement. However, this has been made public and provided on Council's website.

Community engagement

Council has been criticised for not consulting early enough in previous design investigations for coastal protection works. As such broader community engagement is being undertaken along with key stakeholder consultation. The aim of the community consultation is to gain an appreciation of what the community value most about Main Beach, their expectations and objectives as to how the foreshore is managed and to get feedback on the key design elements/features and the seven concept options.

The outcomes of the engagement will be used to update and confirm the project Key Performance Indicator’s (KPIs) and associated assessment criteria. These KPIs form the ‘backbone’ of the design process. Once community/stakeholder feedback is received, a report will be presented to Council early 2021 outlining the key outcomes and feedback received. Council will then select the three options for progression to the next phase of the project for further refinement and detailed technical assessment.

An outline of engagement methods is provided in the Table 1 below.

Engagement Method	Engagement Objective (see IAP2 spectrum below for definition of underlined terms)
Online survey and web landing page · Your Say landing page hosted on Council’s website – https://www.yoursaybyronshire.com.au//mbsp · Project background information, project timelines, context and purpose · Provide information on each of the seven concept designs · Provide information on the technical reports · Replication of online engagement page on Council’s website · Invitation for those not online to ring for a hard copy survey, or come in and speak to our Customer Service team · Link to Online Survey · Survey is open from 11 November to 23 December 2020 (6 weeks).	Consult with the community to obtain their perspectives of: · Key values of the foreshore and surrounds · Feedback on foreshore protection design features · Feedback on the 7 foreshore protection concept designs
Email to key stakeholders: · Project background and objectives · Explain why the stakeholder is being contacted · Provide a link to the ‘Your Say’ webpage, which will contain the Online Survey. · Provide an opportunity for stakeholders to provide more detailed feedback on the project.	Inform stakeholders of the project and increase engagement with the Online Survey (Consult): · Provide opportunity to give more detailed feedback to the project team.
Phone calls: · Follow up phone calls to stakeholders.	Inform stakeholders of the project and increase engagement with the Online Survey (Consult): · Provide opportunity to give more detailed feedback to the project team.
Web landing page and contact details for submissions · All project information will continue to stay on the Your Say webpage after the Online Survey closes. · Submissions will be received up until Friday 15 January 2021.	Consult with the community to obtain their perspectives of: · Feedback on the 7 foreshore protection concept designs

Engagement Method

Engagement Objective (see IAP2 spectrum below for definition of underlined terms)

Online survey and web landing page

· Your Say landing page hosted on Council’s website – https://www.yoursaybyronshire.com.au//mbsp

· Project background information, project timelines, context and purpose

· Provide information on each of the seven concept designs

· Provide information on the technical reports

· Replication of online engagement page on Council’s website

· Invitation for those not online to ring for a hard copy survey, or come in and speak to our Customer Service team

· Link to Online Survey

· Survey is open from 11 November to 23 December 2020 (6 weeks).

Consult with the community to obtain their perspectives of:

· Key values of the foreshore and surrounds

· Feedback on foreshore protection design features

· Feedback on the 7 foreshore protection concept designs

Email to key stakeholders:

· Project background and objectives

· Explain why the stakeholder is being contacted

· Provide a link to the ‘Your Say’ webpage, which will contain the Online Survey.

· Provide an opportunity for stakeholders to provide more detailed feedback on the project.

Inform stakeholders of the project and increase engagement with the Online Survey (Consult):

· Provide opportunity to give more detailed feedback to the project team.

Phone calls:

· Follow up phone calls to stakeholders.

Inform stakeholders of the project and increase engagement with the Online Survey (Consult):

· Provide opportunity to give more detailed feedback to the project team.

Web landing page and contact details for submissions

· All project information will continue to stay on the Your Say webpage after the Online Survey closes.

· Submissions will be received up until Friday 15 January 2021.

Consult with the community to obtain their perspectives of:

· Feedback on the 7 foreshore protection concept designs

Broader community engagement commenced Wednesday 11 November with an Online Survey open for 6 weeks until 23 December 2020. Project information, reports and material for review is provided on the Council Your Say webpage at https://www.yoursaybyronshire.com.au/mbsp.

The below communications tasks have been completed to get maximum exposure:

· Advertisement in The Echo – Wed 11 November 2020

· Media Release – Wed 11 November 2020

· Social Media post on Council’s Facebook Page – Tues 10 November 2020

o Shared 11 times (voice of Byron, Community Board etc)

· Facebook Advertisement for 14 days – Wed 18 November 2020 to Wed 2 December 2020.

o Reached 4962 people, with 2326 people watching the ad and 148 people clicking through to the Online Survey.

· ABC North Coast Radio Interview – Bruce Mackenzie – Thursday 12 November 2020

· Attendance of Project Manager to Council’s Masterplan Guidance Group meeting – Wednesday 25 November 2020

· Emails to Key Stakeholders:

o State Agencies

o Land Managers

o Community Associations (i.e. Byron Bay Board Riders Club; Byron Preservation Association)

o Byron Bay Surf Life Saving Club

o Council Panel and Committee members

o Council’s Citizen Lottery members

o Key tourism stakeholders in Byron Bay (i.e. Destination Byron)

o Key business stakeholders in Byron Bay

· Attendance at the Byron Bay Farmers Market – Thursday 10 December 2020

As of 23 of November 2020 188 responses to the survey had been received. The Facebook Advertisement on Wednesday 18 November 2020 November generated 90 responses in one day (22 November 2020).

The Online Survey closes on the 23 December, however all the project information will remain live during the Christmas Break and into the New Year 2021. Submissions will be received up until Friday 15January 2021 via email (with contact details provided on the Your Say project page).

Next steps

· Continue follow up phone calls to key stakeholders

· Commence review of survey responses and submissions received.

· Prepare a submissions report to Council early 2021 on the outcomes of community engagement activities and feedback received.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 3: We protect and enhance our natural environment	3.3	Partner to protect and enhance the health of the Shire’s coastlines, estuaries, waterways and catchments	3.3.1	Implement Coastal Management Program	3.3.1.2	Continue pre-construction phase of Main Beach Shoreline Project (Jonson Street protection works)

Legal/Statutory/Policy Considerations

The coastal management framework in NSW comprises the following elements:

· the Coastal Management Act 2016

· the State Environmental Planning Policy (Coastal Management) 2018 (CM SEPP) and

· the NSW Coastal Management Manual (OEH, 2018).

Council is presently preparing a Coastal Management Program (CMP) for the open coast between Cape Byron and the Shire’s northern boundary near South Golden Beach. The purpose of the CMP will be to set the long-term strategy for the management of the coastal zone, addressing priority open coast management issues and actions to address the issues, with a focus on achieving the objectives of the CM Act.

The outcomes of the Main Beach Shoreline project will be incorporated into the CMP as they both develop in parallel. At this stage in the development of the CMP, the Main Beach Shoreline Project is an action in the Forward Plan of the Scoping Study for continuation in Stage 2 of the CMP process.

Financial Considerations

Council has budgeted $150,000 for this project with $150,000 of Grant Funding contribution.

There is sufficient funding for community consultation in the current budget.

Consultation and Engagement

External: Community consultation is outlined in this report.

Internal: Close consultation has been completed with Council’s Communication Team, Managers and the Executive Team in planning the engagement activities for the project.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.10

Report No. 13.10 PLANNING - Development Application 10.2020.97.1 Stage 8 Tallowood Ridge Estate Subdivision to Create Forty-Seven (47) Residential Lots at 77 Tuckeroo Avenue Mullumbimby

Directorate: Sustainable Environment and Economy

Report Author: Luke Munro, Planner

Noreen Scott, EA Sustainable Environment and Economy

File No: I2020/1716

Proposal description:	Stage 8 Tallowood Ridge Estate Subdivision to Create Forty-Seven (47) Residential Lots
Property description:	LOT: 162 DP: 1251169
	77 Tuckeroo Avenue MULLUMBIMBY
Parcel No/s:	269619
Applicant:	Bayview Land Development Pty Ltd
Owner:	Gainsplay Pty Ltd
Zoning:	R2 Low Density Residential / PART RU1 Primary Production / PART RU2 Rural Landscape/ Part 1(a) General Rural Zone
Date received:	26 February 2020
Integrated / Designated Development:	☒ Integrated	☐ Designated	☐ Not applicable
Concurrence required	No
Public notification or exhibition:	- Level 2 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications - Exhibition period: 12/3/20 to 8/4/20 - Submissions received: 11 - Submissions acknowledged: ☒ Yes ☐ No
Delegation to determine	Council
Issues:	· Weed Management in residual land · Future ownership of walking tracks through residual land

Summary:

It is proposed to create a Forty-Seven (47) Residential Lot Subdivision as Stage 8 Tallowood at 77 Tuckeroo Drive, Mullumbimby. The lots range in size from 460m²to 5700 m² plus public reserves and a residual lot of 24.79 ha. The residual lot contains remnant vegetation which is to be protected and enhanced, and an area of residential zoned land which is subject to a further application for subdivision (Stage 9).

Eleven submissions were received raising various issues including traffic speeds, street lighting, the need for a general store, a lawnmower for volunteers to mow Council reserves, sealing of Clays Road, pedestrian links and walking tracks along the southern ridgeline, and creation of a public reserve out of the residual vegetated land along this ridgeline.

Traffic speeds and street lighting for the development is as per the relevant specifications for urban streets. A general store is a land use that is permissible with consent, but is not subject to this development application or proposed by this applicant. In terms of the residual land along the southern ridgeline, it is noted that a walking/bicycle pathway will be provided from road 7 to link with Brushbox Drive.

It is noted that a Notice of Motion is to be considered by Council at the December Ordinary Meeting to investigate the dedication of this land to Council as a Public Reserve. Should an agreement be reached between the land owner and Council, the long term future and ownership of this portion of Tallowood Estate can be resolved with the Stage 9 DA, and as such does not need to form part of this application.

In terms of the proposal itself, in the main the residential lots are located on cleared farmland. The matter of weed management in the residual vegetated areas along the southern ridgeline has come to Council’s attention. To ensure this matter is resolved conditions of consent are recommended in relation to these areas being weeded to facilitate the natural regeneration of the eucalypt forest that they support.

Conditions of consent are also recommended in relation to sealing some 500 metres of Plover Parkway and Coral Avenue to provide an alternate route back into Mullumbimby via Main Arm Road and to the areas to north and west of Mullumbimby.

In this regard the extended estate of Tallowood including 45 lots in Golden Penda Place and Hottentot Court will contains some 340 residential lots, and it is considered good planning practice to provide an alternate sealed access road to the estate.

The application appropriately addresses the relevant constraints applying to the site, and is recommended for approval subject to the conditions of consent.

NOTE TO COUNCILLORS:

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters. Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.

RECOMMENDATION:

That pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2020.97.1 for Stage 8 Tallowood Ridge Estate subdivision to create forty-six (46) residential lots, be granted consent subject to the conditions listed in Attachment 2 (#E2020/97750).

Attachments:

1 10.2020.97.1 Stage 8 Plan of Subdivision, E2020/97727

2 10.2020.97.1 Stage 8 Conditions, E2020/97750

3 Confidential - 10.2020.97.1 Submissions, E2020/97441

Assessment:

1. INTRODUCTION

1.1. History/Background

Development Application No. 10.2009.314.1 (Tallowood Ridge) was approved by the NSW Land & Environment Court which included the 29 residential allotments as Stage 1 and a concept approval for a total of seven stages comprising approximately 240 residential lots, roads, open space, rehabilitation areas and associated infrastructure over seven stages.

Since that initial approval Stages 1 to 6 have been approved by Council; with bulk earthworks and civil works for Stage 7 currently under construction.

20032019140129-0001

Figure 1: Staging plan for the Concept Approval as approved under DA10.2009.314.1.

The current application will subdivide the newly zoned residential land as part of Stage 8 which lays to the west of Stage 7.

1.2. Previous Development Applications Relating to the Site

Separate development applications for each stage have been approved and modified as follows:

Development Application 10.2009.314.1	Stage 1 Tallowood Ridge Estate including Future Stages Concept and 29 residential lots - Approved 14 September 2010 (Land Environment Court)
Development Application 10.2011.117.1	Stage 2 Tallowood Ridge Estate for urban subdivision comprising 28 residential allotments – Approved 4 April 2012.
Development Application 10.2013.549.1	Stage 3 Tallowood Ridge Estate for subdivision to create thirty-one (31) residential allotments - Approved 6 February 2014.
Development Application 10.2015.79.1	Stage 4A Tallowood Ridge Estate for subdivision to create thirteen (13) residential allotments – Approved 26 November 2015.
Development Application 10.2015.686.1	Stage 5 Tallowood Ridge Estate for Subdivision to create twenty-four (24) residential allotments - Approved 25 August 2016.
Development Application 10.2016.161.1	Stage 4B Tallowood Ridge Estate for Subdivision to create fifteen (15) residential lots - Approved 31 August 2017.
Development Application 10.2017.402.1	Stage 6 Tallowood Ridge Estate for subdivision to create eighteen (18) residential Lots – Approved 26 July 2017.
Development Application 10.2018.305.1	Stage 7 Tallowood Ridge Estate for subdivision to create thirty-two (32) residential lots – Approved 11 April 2019.

1.3. Tallowood Ridge Rezoning and Future Stages

On 22 September, 2017, an amendment to Byron Local Environmental Plan 2014 was gazetted that rezoned an additional 12 hectares of rural land to the west of Tallowood Ridge to R2 Low Density Residential. It also back-zoned existing R2 land into the RU2 Rural Landscape zone to protect forested areas near the southern ridgeline and a riparian corridor that traverses the site. Other changes included rezoning the sports fields to RE1 Public Recreation zone and the introduction of a 400m² minimum subdivision lot size for the western part of the estate.

The current application will subdivide the newly zoned residential land as part of Stage 8. The current application and future stages are not bound by the original Concept Approval although the existing consent conditions for environmental restoration works associated with earlier stages and the Biodiversity Conservation Management Plan remain in force.

1.4. Site and surrounds

The site has an area of approximately 35.45 hectares (residual lot) and is located between Tuckeroo Avenue and Clays Road. The land is within the R2 Low Density Residential zone and RU2 Rural Landscape zone under LEP 2014. A portion of the south western corner of the existing residual lot is a deferred matter and fall within the 1(a) (General Rural Zone) under Byron LEP 1988, however this portion of the site falls outside the proposed development area for Stage 8. The southern ridgeline is forested but the majority of the site is cleared except for grass cover. The site contains bushfire prone land.

Surrounding land uses consist of rural-residential lots to the south and rural land to the north and west.

Figure 1: Site Plan (Stage 8 highlighted in Yellow)

Land is legally described	LOT: 162 DP: 1251169
Property address	77 Tuckeroo Avenue MULLUMBIMBY
Land is zoned:	R2 Low Density Residential / PART RU1 Primary Production / PART RU2 Rural Landscape and PART (1(a) (General Rural Zone))
Land area is:	40.29 ha
Property is partly constrained by:	Flood Liable Land Bushfire prone land High Conservation Value / High Environmental Value vegetation

1.5. Description of the proposed development

The proposed subdivision has the following key elements:

· Forty-seven (47) residential lots, ranging in size from 450m² to 5,070m².

· Lot 848 with an area of 2,800m² which will provide a corridor linking a vegetated gully on proposed Lot 813 and the ridgeline vegetation to the south. The lot will be dedicated to Council as a public reserve as part of Stage 8.

· A residue lot of 24.79 hectares comprising the balance of remaining rural and residential zoned lands in the existing parcel.

Table 1: Lot size and shape for Stage 8

Proposed subdivision – Stage 8
Lot	Area (m²)	Shape	Lot	Area (m²)	Shape
801	1160	Irregular	826	1230	Corner
802	460	Regular	827	870	Regular
803	460	Irregular	828	730	Regular
804	650	Irregular	829	640	Regular
805	580	Irregular	830	570	Regular
806	710	Irregular	831	540	Regular
807	530	Irregular	832	500	Regular
808	570	Irregular	833	550	Regular
809	720	Regular	834	580	Regular
810	680	Regular	835	610	Regular
811	630	Corner	836	700	Regular
812	520	Regular	837	720	Corner
813	5070	Irregular	838	840	Corner
814	700	Irregular	839	450	Regular
815	450	Regular	840	470	Regular
816	450	Regular	841	620	Corner
817	450	Regular	842	830	Irregular
818	530	Regular	843	760	Fan
819	480	Regular	844	570	Irregular
820	510	Regular	845	770	Irregular
821	530	Regular	846	860	Rear hatchet
822	610	Regular	847	690	Irregular
823	1030	Irregular	848*	2800	Public Reserve
824	940	Fan
825	940	Fan	Residue	24.79ha	Irregular

* Lot for public reserve

The subdivision layout has been designed to allow future expansion of the estate and a separate DA has been lodged for Stage 9 for a further 47 residential lots under DA10.2020.109.1. The DA should be ready for determination and reporting to Council in 2021.

Figure 3: Proposed subdivision layout – Stage 8.

Figure 4: Proposed subdivision layout for Tallowood Ridge - Stage 9 – Separate DA yet to be determined.

2. SUMMARY OF REFERRALS

Referral	Issue
Environmental Health Officer	No objections subject to conditions of consent.
Development Engineer	No objections subject to conditions.
S64 / Systems Planning Officer	No objections subject to conditions of consent and payment of Water and Sewer levies.
S94 / Contributions Officer	No objections subject to conditions. Developer contributions are payable.
Ecologist	No objections subject to conditions.

3. SECTION 4.14 – BUSH FIRE PRONE LAND

The site is bush fire prone land. The application was referred to the NSW Rural Fire Service - see comments below.

4. SECTION 4.15C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

Having regard to the matters for consideration detailed in Section 4.15(1) of the Environmental Planning & Assessment Act 1979 (EP&A Act), the following is a summary of the evaluation of the issues.

4.1 Section 4.46 – Integrated Development

Rural Fires Act 1997

The site is identified as Bushfire Prone Land. The proposed residential subdivision requires a Bush Fire Safety Authority under s100B of the Rural Fires Act 1997 and constitutes integrated development pursuant to s4.46 of the Environmental Planning and assessment Act 1979 (the Act).

The application was referred to the NSW Rural Fire Service seeking General Terms of Approval (GTAs) for the integrated development application. GTAs and a Bush Fire Safety Authority have been issued and are included as part of the recommended conditions at the end of this report.

Water Management Act 2000

The access to the new residential area will require the construction of a culvert across a creek line to facilitate an extension of proposed Road 5 to be extended allowing alternative emergency access as required under the RFS GTS’s to Clays Road. The proposed temporary road work connecting Road 5 to Clays Road requires a Controlled Activity Approval (CAA) to be obtained under section 91 of the Water Management Act 2000.

4.2 State Environmental Planning Instruments

	Satisfactory	Unsatisfactory
State Environmental Planning Policy No 44—Koala Habitat Protection	☒	☐
Consideration: The site is not identified as Core Koala Habitat and there will be no removal of vegetation as part of the development. Parts of the site are considered to represent potential koala habitat. Previous survey results indicate the site is unlikely to be regarded as core habitat, but is known to be used for movement and dispersal. No adverse impacts on local koala populations are expected as a result of Stage 8 given there is no clearing of vegetation and no works proposed within the within the shelter belt and the southern ridgeline, with the exception of a future access way between Road 7 and Brushbox Drive for pedestrians and cyclists.
State Environmental Planning Policy No 55—Remediation of Land	☒	☐
Consideration: The land was historically used for agricultural purposes including cattle grazing. No potentially contaminating land uses known to have operated on or near the site in recent times. The land is not within the proximity of any cattle dip sites and is not listed on Council’s Contaminated Lands Register. A preliminary site investigation of the Stage 8 area was undertaken for the original staged development application no.10.2009.314.1; analysis of soil samples found the site to be suitable for residential use. Based on all the available information the land is considered to be suitable for the proposed development in its current state and does not require remediation. Any unexpected contamination identified during subdivision works (buried tanks, building waste, asbestos etc.) is to be dealt with in accordance with an Unexpected Findings Protocol (UFP). The UFP is to be submitted to Council for approval prior to the issue of a construction certificate.
State Environmental Planning Policy (Coastal Management) 2018	☒	☐
Consideration: All proposed works and residential lots within Stage 8 are located outside of the Coastal Environment Area. The SEPP does not apply to these elements of the proposed development. The lower part of the residue lot near to Plover Parkway and Clays Road is within the coastal environment mapped area and the SEPP applies to this land. Given there is no physical works occurring in this location, nor any change to the land use or boundary alignments, it is concluded that the development will not have an adverse impact on the coastal environment and is satisfactory having regard to the relevant matters for consideration under the SEPP.
State Environmental Planning Policy (Primary Production and Rural Development) 2019	☒	☐
Consideration: The residue lot will retain a dwelling entitlement and the Primary Production and Rural Development SEPP is applicable to this element of the proposed subdivision. The preferred and predominant land uses in the surrounding area are residential and rural-residential uses and this is consistent with the future planning intent for the area. The remaining rural land in the residue lot within Lot 813 is unlikely to create a potential land use conflict between urban and rural land uses in the future

4.2A Byron Local Environmental Plan 2014 (LEP 2014)

In accordance with LEP 2014 clauses 1.4 and 2.1 – 2.3:

(a) The proposed development is defined in the LEP 2014 Dictionary as Subdivision;

(b) The land is within the R2 Low Density Residential zone, RU1 Primary Production zone and RU2 Rural Landscape zone according to the Land Zoning Map. Three small portions of the site are identified as a deferred matter and these areas revert to the 1(a) (General Rural Zone) under LEP 1988.

(d) Regard is had for the Zone Objectives as follows:

R2 Low Density Residential Zone

· To provide for the housing needs of the community within a low density residential environment.

· To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposed subdivision will provide additional land for housing in the Mullumbimby area. Large lot sizes will provide opportunities for the development of a low density residential environment consistent with the zone objectives.

RU2 Rural Landscape Zone

· To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

· To maintain the rural landscape character of the land.

· To provide for a range of compatible land uses, including extensive agriculture.

· To enable the provision of tourist accommodation, facilities and other small-scale rural tourism uses associated with primary production and environmental conservation consistent with the rural character of the locality.

· To protect significant scenic landscapes and to minimise impacts on the scenic quality of the locality.

The only physical works occurring in the RU2 land will be the future access way between Road 7 and Brushbox Drive. Residential development on other parts of the site is contained within the R2 zone. The proposed subdivision will not have a significant impact on the rural character of or the scenic qualities of the locality.

RU1 Primary Production Zone

· To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

· To encourage diversity in primary industry enterprises and systems appropriate for the area.

· To minimise the fragmentation and alienation of resource lands.

· To minimise conflict between land uses within this zone and land uses within adjoining zones.

· To encourage consolidation of lots for the purposes of primary industry production.

· To protect significant scenic landscapes and to minimise impacts on the scenic quality of the locality.

A portion of RU1 zoned land is contained within the residue lot near the intersection of Clays Road and Plover Parkway. No physical works or reconfiguration of the zone boundaries is proposed for this area. The proposed subdivision is adequately separated from this land by sports fields and a riparian corridor in the RU2 zone.

Clause 4.1 Minimum subdivision lot size

The minimum lot size in the R2 Low Density Residential zone on the subject land is 400m². The remainder of the site is zoned RU1 Primary Production, RU2 Rural Landscape and 1(a) (General Rural) zone. A 40 hectare minimum lot size applies to these areas.

As illustrated in the table below, the proposed lots in the R2 zone vary in size from 450m² to 5,070m² and comply with the minimum lot size standard. The residue lot and riparian lot do not comply with the minimum lot size, an issue which is discussed further below. Special provisions are afforded to split zoned sites under clause 4.1D to facilitate the subdivision of the residue lot which is less than 40 hectares.

Table 2: Compliance with the Lot Size Map

Lot type	Zone	Min Lot Size	Proposed Lot Size	Compliance
47 Residential Lots	R2	400m²	450m²–5070m²	Yes
1 Public Reserve Lot	R2 and RU2	400m² - 40 hectares	2800m²	Exempt
1 Residue Lot	RU1, RU2, 1(a)	40 hectares	24.79 hectares	No

Clause 4.1D Exceptions to minimum subdivision lot sizes for certain split zones

Clause 4.1D allows the subdivision of split zoned sites which do not meet the minimum lot size standards specified under clause 4.1. The purpose of this provision is to ensure that subdivision occurs in a manner that promotes suitable land use and development.

Clause 4.1D Exceptions to minimum subdivision lot sizes for certain split zones

(1) This clause applies to each lot (an original lot) that contains:

(a) land in a residential, business or industrial zone, and

(b) land in Zone RU1 Primary Production, Zone RU2 Rural Landscape or Zone SP3 Tourist.

(2) Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if:

(a) one of the resulting lots will contain:

(i) land in a residential, business or industrial zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and

(ii) all of the land in Zone RU1 Primary Production, Zone RU2 Rural Landscape or Zone SP3 Tourist that was in the original lot, and

The proposal is considered to comply with the provisions of this clause because all of the rural zoned land will be contained within the residue lot, with the exception of Lot 813 which will have a lot size of 5,070m2 and contains an isolated residual parcel of RU2 land. The excision of land to create public reserve is exempt development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

A vegetated, eroded gully is located to the northern side of Road 2 within Stage 7 and is located within the RU2 zone. This isolated pocket of RU2 Zone will be contained within Lot 813 which provides an area of approximately 1,040m2 R2 Zoned land which exceeds the minimum lot size for the R2 Zone of 400m2.

Clause 5.10 Heritage Conservation

The site is known to contain an area of significance previously identified in a cultural heritage assessment undertaken by Everick consultants in 2009. The report identified the Mooibul Spur, part of which forms the southern boundary of the site, as being part of the cultural landscape. The Spur presents a likely access way used by Aboriginal people, between the Koonyum Ranges in the west and the Brunswick River to the east.

The report recommended that this natural feature be preserved by retaining as many trees as possible along the southern ridgeline. Any disturbance resulting from roads or sub-surface infrastructure is to be subject to a post clearance inspection to look for Aboriginal Objects that may have not been identified during past surveys.

Specific comments from the Tweed Byron Local Aboriginal Land Council and Arakwal Aboriginal Corporation were provided as part of the Stage 7 Development Application which noted that any disturbance near the ridgeline should be supervised during the subdivision works; approval for earthworks will be made by the applicant subject to favourable consideration of the current application.

The development is considered to be consistent with the recommendations of the Everick report and is unlikely to result in adverse impacts on the cultural landscape. Conditions for the monitoring of excavation works in accordance with the previous recommendations of the TBLALC and Arakwal are included in the recommendations of this report.

Clause 6.1 Acid sulfate soils

The site is not included on the Acid Sulfate Soils Map; however, acid sulfate soils have been identified during the construction of previous stages in the lower lying areas.

Although not a specific LEP requirement, Council’s Environmental Health Officer has recommended a condition requiring an acid sulfate soils investigation and management plan (ASMP) to be prepared and submitted for approval with the construction certificate. Should any acid soils be discovered, the ASMP will include provisions for neutralising and managing the soils on site during the construction phase.

Clause 6.2 Earthworks

The development will require earthworks to provide adequate levels for residential allotments and roads. The applicant will seek approval for the earthworks as part of the subdivision works.

Erosion and sediment runoff is a concern given the amount of material to be disturbed and the proximity of the development to creeks which drain into the Brunswick River. A condition is recommended for a detailed sediment and erosion control plan to be prepared and submitted for approval as part of the construction certificate application.

Clause 6.3 Flood planning

Parts of the subject site are identified in the North Byron Flood Study as flood prone land. Lower lying land near the Brunswick River and along the creek lines is identified as being subject to inundation during a 1 in 100 year ARI flood event. The flood planning level for the site is 7.67m AHD.

A Flood Study was submitted for Stage 7 which also addressed this stage and stage 9 in terms of earthworks and identified negligible impacts on the floodplain On the basis of the information supplied, the subdivision is considered to be compatible with the flood hazard of the land and satisfies the matters for consideration under this clause.

Clause 6.6 Essential services

The subdivision is capable of being serviced by reticulated sewage, water, electricity and telecommunications including NBN subject to conditions of consent. In relation to vehicular access, each lot is capable of being serviced with a driveway that connects to the public road network; a single access driveway will need to be constructed to service proposed rear hatchet Lot 846 as part of the subdivision works.

4.2B Byron Local Environmental Plan 1988 (LEP 1988)

The property contains three small areas of 1(a) rural Zoned Land in the residual allotment. These areas are not affected by the specific subdivision works in Stage 8. The proposed development will not have any adverse environmental impact on land in the 1(a) zone and the development as such does not raise any specific issues in terms of the Byron LEP 1988.

4.3 Any proposed Instrument that has been the subject of public consultation and has been notified to the consent authority

There are no proposed instruments that are of relevance to the subject application.

4.4A Byron Shire Development Control Plan 2014 (DCP 2014)

Part B14.2 Excavation and Fill in all zones

Prescriptive measure B14.2 (1) provides that excavation and filling must be limited to a depth of 1 metre. The proposed excavation and fill generally varies from 1m to 1.5m except for proposed lots 177-181 which involve excavation to a depth of 3m and for the construction of the stormwater basin. Notwithstanding this non-compliance, the proposed earthworks are considered to satisfy the objectives and performance criteria of Part B14.2.

Objectives

1. To ensure that towns, villages, commercial, industrial, residential and rural areas maintain overall compatibility with the Shire’s natural features and its historical built character.

2. To control the extent, character, bulk and scale of earthworks so that both individual and cumulative earthworks over time do not detract from the existing and desired future character of their immediate locality, and the surrounding area.

3. To promote the use of earthworks to create landscapes and streetscapes that make a positive contribution to the existing and desired future character of their immediate locality and the surrounding area.

Performance Criteria

1. Development proposals must demonstrate that proposed earthworks will be compatible with the low rise, low to medium density form, scale and desired future character of their locality and immediate surrounds. Proposals must demonstrate that excavation and fill will be limited to ensure that:

a) Adverse visual impacts, bulk and scale of both the proposed earthworks and the resultant overall development are minimised;

b) Overshadowing of adjoining private and public land is avoided;

c) The scale and character of the resultant landform and buildings will remain compatible with their surrounds and with the desired future character of the locality;

d) Resultant drainage characteristics and systems both on the site and in the locality will be consistent with Chapter B3 Services and with Water Sensitive Urban Design Principles.

e) The need for engineering and support works is minimised;

f) Risk of geotechnical instability and/ or landslip is minimised.

2. Where earthworks are designed to facilitate and/ or improve thermal sustainability and insulation in buildings and developments rather than as structural or landscape elements, development proposals must demonstrate the particular benefits to be gained from those earthworks.

3. Earthworks must be designed to ensure that the community /pedestrian scale and character of commercial areas will be retained and reinforced.

4. Where filling is proposed to mitigate flooding and stormwater issues, details are to be submitted with the application demonstrating the fill will not have a significant adverse impact on the flow characteristics of flood waters or detrimentally increase the level of flooding or stormwater on other properties or development.

Given the undulating terrain and steep topography near Lot 801 and 813, it is difficult to avoid earthworks exceeding 1m in depth. Stage 8 involves earthwork volumes of approximately 8,000 m3 of cut and 24,000 m3 of fill. 16,000 m³ of fill material used will be sourced from the stockpile of material surplus from construction of Stage 7.

Overall, the visual impact from the proposed earthworks is assessed as acceptable given the deeper areas of cut will be transitioned gradually to natural ground level to negate the need for retaining walls. Dwelling sites will sit below the tree line and will not detract from the scenic or environmental values of the southern ridgeline. The resulting land form and pattern of development will not be dissimilar to the earlier stages of the estate.

A flood study has been submitted as part of Stage 7 (which covered Stages 7-9) demonstrating that no adverse impacts on downstream properties will occur as a result of the earthworks. In relation to geotechnical stability and stormwater, the use of existing material from the site will ensure infiltration characteristics match the existing soil profile. A variation to the numerical requirements under the DCP is supported in this instance

D6 Subdivisions

The proposed development is considered to comply with the relevant objectives and performance criteria for each relevant chapter of Byron DCP 2014. Consideration of the requirements in Chapter D6 Subdivision and Chapter E3 Mullumbimby is detailed below.

D6.2 Subdivision Design Guidelines	Compliance	Comment
1. Site Design	Yes	Most of the proposed lots have a northerly aspect and will offer reasonable access to views and breezes for future dwellings.
2. Climate Control and Aspect	Yes	Stage 8 is situated on a north-facing slope; most of the allotments have a north-south orientation. The subdivision will facilitate good solar access and provide flexibility for the siting and design of future dwellings. Lots 812-814 have an east- west orientation; these parcels have been provided large lot sizes to allow the siting of a house that may not be parallel to the boundaries.
3. Hazards	Yes	The application has suitably addressed environmental hazards including flooding and bushfire. The application was referred to the RFS who have provided GTA’s which identified relevant lots being burdened with asset protection zones on the title of each affected lot to ensure adequate separation distances to vegetation on the ridgeline and creek.
4. Vegetation removal	Yes	No vegetation removal is proposed.
5. Riparian Buffers and land fronting watercourses	Yes	Significant bush regeneration works are being undertaken within the RU2 portion (Management Zone 9) of Lot 813 with weed control recommended in the southern spur areas adjoining Stage 8.
6. Landscaping	*Yes Condition	A condition is recommended for street trees to be provided
7. Roads	Yes	The subdivision will maintain the existing road hierarchy by extending Tuckeroo Avenue as the main thoroughfare throughout the estate. It is anticipated that the Stage 8 road network will interlink with future Stage 9 residential subdivision on the recently rezoned land to the north-west.
8. Street Lighting	*Yes Condition	Conditions are recommended for street lighting to be provided in accordance with the provisions of DCP 2014. New lighting is to match the existing infrastructure design throughout the estate.
9. Public open space and public reserves	Yes	A pedestrian pathway in Tuckeroo Avenue will connect Stage 8 back to playgrounds and sports fields approved in earlier stages.
10. Stormwater Management	Yes* Condition	Stormwater is able to be adequately managed. Conditions are recommended.
11. Utility Services	Yes	Electricity and telephone services, including NBN, can be supplied to each lot.
12. Provision of Potable Water Supply	Yes	Reticulated water and sewer services are able to be provided to each lot.
13. Sewer	Yes
14. Geotechnical Report	Yes* Condition	Geotechnical report to be provided for the construction certificate application.

D6.3.3 Road Design and Construction

Compliance

Comment

15. The design of such works must comply with the Northern Rivers Development and Design Manual. Construction must be carried out in accordance with those requirements.

Yes

The road design complies with the Northern Rivers Development Design Manual.

16. Additional standards may apply in bushfire prone areas as per the requirements of the NSW Rural Fire Service.

Yes

The Bush Fire Safety Authority requires a temporary turning circle with a 12m outer radius to be provided at the termination of road 4.

A 4m wide trafficable path will connect between the cul-de-sac heads of Roads 2 and 7 for emergency access.

A temporary alternative / emergency access is to be provided from the termination on Road 5 to Clays Road.

Road design must comply with section 4.1.3(1) of ‘Planning for Bush Fire Protection 2006’, except that a perimeter road is not required.

D6.3.4 Sewage Management	Compliance	Comment
1. Where Council deems that reticulated sewer service is available and feasible, each allotment created must be connected to Council's sewerage reticulation system.	Yes	Reticulates sewer service is available to the proposed subdivision.

D6.4.1 Lot Size and shape

Compliance

Comment

1. Lot sizes must not be less than the minimum area specified in Byron LEP 2014 on the lot size map.

Yes

All proposed allotments exceed the 400m² minimum lot size.

2. For lots that are not typical rectangular shaped lots, Table D6.1 indicates Council's preferred minimum lot sizes in urban subdivisions:

Table D6.1 – Preferred Minimum Lots Sizes – Urban Subdivision

Type of lot	Min. lot area
General lot	See lot size map
Corner lot	650m²
Hatchet-shaped lot	800m²
Hatchet shaped lot adjacent to public reserve	650m²
Fan-shaped lot (minimum frontage 7m)	650m²

Yes

The proposed lots are generally regular in shape (with the exception of the rear boundary for lots 802-808). There are three fan shaped parcels which all have large areas ranging from 760m² to 940m². Larger lot sizes are provided to allow a dwelling to be sited that is not parallel to the boundaries.

4. Lots must provide an appropriate shape and area to accommodate an unconstrained building envelope with minimum dimensions of 12 metres by 15 metres.

Yes

All proposed allotments have unconstrained building envelopes with minimum dimensions of 12m by 15m.

D6.4.2 Access Design

Compliance

Comment

1. Applications must demonstrate that vehicle access can be provided to each lot created by the subdivision in accordance with Chapter B3 Services. In certain circumstances, due to topography and other constraints, the driveway will need to be designed and constructed at the subdivision stage.

Yes

Vehicular access is able to be appropriately provided for each individual lot.

2. Additional standards may apply in bushfire prone areas as per the requirements of the NSW Rural Fire Service.

Yes

NSW RFS did not specify any requirements for driveways or internal access.

E3.6 Urban Design in Precinct 5

Compliance

Comment

1. The shelterbelt will have a minimum width of 20 metres and shall be planted with species locally indigenous to Byron Shire (refer to the Native Species Planting Guide to Byron Shire) along the southern boundary of Precinct 5 (Mullumbimby Urban Area Map) within the adjacent road reserve (See Figure E3.1 for design details). Existing native vegetation within the road reserve and within Precinct 5 is to be integrated with planted species.

Yes

Stage 8 does not encroach into the shelter belt. Weed management required in the vegetated areas which rise up to the ridgeline.

2. No vehicle access or roads to be provided from or constructed within the shelterbelt other than a potential link connecting Brushbox Drive within Precinct 7 to the proposed distribution road, as indicated in the Mullumbimby Urban Area Map. A shared bike/ pedestrian pathway in the shelterbelt will be considered on merit.

Yes

A shared bikeway/ footpath between Tallowood Estate and Brushbox Drive is proposed as per the DCP.

See image below – conditions to apply in relation to its construction and creation of an easement for public access.

Figure 5: Location of Bikeway/ Footpath from Brushbox Drive to Road 7.

4.4B Byron Shire Development Control Plan 2010 (DCP 2010)

DCP 2010 only applies to three small corners of the residue lot that fall within the 1(a) (General Rural Zone). No residential lots or subdivision works are proposed in these areas.

4.5 Any Planning Agreement or Draft Planning Agreement?

Yes

Is there any applicable planning agreement or draft planning agreement?

☐

☒

Consideration: There are no planning agreements associated with the stage seven subdivision application or with the original concept approval for the site.

4.6 Environmental Planning & Assessment Regulation 2000 Considerations

The proposal raises no issues under the Regulations.

4.7 Any Coastal Zone Management Plan?

	Satisfactory	Unsatisfactory	Not applicable
Is there any applicable coastal zone management plan?	☐	☐	☒

4.8 The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

Natural environment

Under the present proposal, the treed gully known as Management Zone 9 is part of proposed Lot 813 (Numbered Lot 205 on the plans to be approved) . This would mean that the future owner of the lot would acquire the responsibility for the ongoing management and protection of MZ9 with an area of approximately half a hectare. No other Management Zone is presently incorporated into a private residential lot.

It is noted that a Notice of Motion is to be considered by Council at the December Ordinary Meeting to investigate how these vegetated residual areas of Tallowood Estate can be incorporated into a public reserve.

Should an agreement be reached between the land owner and Council, the long term future and ownership of this portion of Tallowood Estate can be resolved with the Stage 9 DA, and as such does not need to form part of this application.

It is recommended that Lot 813 not be approved as part of this subdivision and it be incorporated into the residual lot which includes the vegetated ridgelines to the south. The future of this parcel can be resolved as part of the DA for Stage 9.

Figure 6: Lot 813 to be incorporated into residual lot.

In relation to the remainder of the development site, the proposed residential lots are sited on cleared farmland and the proposal will have negligible Impacts on native vegetation or flora and fauna.

Built environment

Urban Design and Landscaping

The landscaping and urban design for Stage 8 is intended to be similar to stages 1-7 of Tallowood Ridge. Submission of detailed landscaping plans will be required as part of the construction certificate application for street plantings. Conditions are also recommended for street lighting.

Access, Transport and Traffic

Tuckeroo Avenue will operate as the main collector road for Stage 8 and future Stage 9. A 2.5m concrete path is proposed within the Tuckeroo Avenue Road reserve to provide pedestrian and bicycle access to the rest of the estate including the sports fields and recreation areas.

The existing and proposed road network has sufficient capacity to handle the anticipated level of traffic generated by Stage 8. Roads 1-1, 1-3, 5, 6 and 7 will require a local street type construction with 7-9m wide carriageway within 15-17m wide road reserves.

Amenity

The majority of the proposed residential lots have a favourable north-south aspect, providing opportunities for views and breezes. It is anticipated that the subdivision is capable of providing a high level of amenity for future residents. In relation to the amenity of existing residents during the construction phase, suitable conditions are recommended to control hours of work, noise levels and construction traffic.

Stormwater drainage and downstream water quality

Stormwater treatment and detention has been implemented as part of Stage 7 works which include a bio-retention basin. The basin will also detain stormwater prior to it entering the local network of creeks which have been rehabilitated with riparian plantings prior to it entering the Main Arm of the Brunswick River. Significant work has already been undertaken in previous stages to embellish and repair existing riparian drainage lines throughout the estate with the plantings in Management Zones 1 through to 6. Council’s Development Engineer concluded that the stormwater drainage and treatment system complies with Council’s stormwater quality standards subject to conditions of consent.

Construction impacts

A condition is recommended for a Traffic Control Plan to be prepared and implemented during construction of the Stage 8. The Traffic Control Plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller and adhered to at all times.

Conditions are recommended to control the level of noise during construction and the hours of work. Comprehensive sediment and erosion controls are to be implemented during the bulk earthworks and maintained until such time as the site is stabilised with grass cover or other suitable vegetation

Social and economic impacts in the locality

Approval of the development application may result in short term benefits to the local economy through additional employment in the construction industry.

4.9 The suitability of the site for the development

The site has been zoned for residential use and is part of a staged development consent for the development of the Tallowood Ridge Estate. The sites attributes are conducive to the proposed subdivision having regard to aspect, slope, drainage, bushfire, flooding and the availability of services. Certain environmental issues such as bushfire, drainage and environmental restoration are able to be managed through the imposition of conditions of consent.

The site is considered to be suitable for the proposed development.

4.10 Submissions made in accordance with this Act or the regulations

The development application was publicly exhibited and Council received eleven submissions raising the following issues.

Submission – Issue	Comment

· There is no public access to bushland on the southern ridgeline. This was meant to occur in earlier stages. It does not need a formal track just an access point to the proposed reserve to avoid it being landlocked by houses. · The ridgeline and remaining bushland should be protected by the highest environmental protection and have a community walkway with public access. · Creation of a public reserve for remaining vegetated areas along the southern boundary of the Tallowood Estate	A public access point at the end of Road 7 will provide a pedestrian / bikeway link through to Left Bank road via Brushbox Drive. The ridgeline areas are to be rezoned to environmental protection under the E Zone reviews separate to this development Application. The long term ownership of the residual land which comprises habitat along the southern boundary of the Tallowood Estate is yet to be determined but it currently remains in private ownership. There is potential for this area to be dedicated to Council as part of Stage 9 subdivision proposal.
· Clays Rd should be sealed and should include a walk/bike path to Main Arm Rd. This would provide a safe, alternative route to the CBD and to St John's and Mullumbimby primary schools	Assuming this DA for Stage 8 and the subsequent Stage 9 DA is approved, from the entrance of Left Bank Road some 340 properties excluding (dual occupancies) are located in the total Tallowood Estate, This includes 45 properties in Hottentot Court and Golden Penda Place, Plover Parkway provides a partly sealed alternative route back into Mullumbimby via Coral Avenue and Main Arm Road. There is an unsealed section of rural road approximately 500 metres in length to the bridge over the Brunswick River on Coral Avenue. It is therefore recommended via conditions of consent for Plover Parkway and Coral Avenue to be sealed to a rural road standard being a min 6 metre wide seal plus 1 metre shoulders to provide a sealed access road through to Main Arm Rd and as an alternative route into Mullumbimby in the event of an emergency E.g. Bushfire or road accident on Left Bank Road.
· Left Bank/Tuckeroo intersection - poor lighting at night. With increased traffic created by an extra 47 lots, the left turning traffic at this intersection is bound to become more problematic	The development has been assessed by Council’s Development Engineer. No issues were raised in relation to the existing Left Bank Road and Tuckeroo Avenue intersection.
· Could the developer make provision for a community hub or provide a general store within Tallowood for essential goods to prevent congestion on roads into town and provide a community hub within Tallowood	Under the Byron LEP 2014 Neighbourhood Shops are a land use permitted with consent in the land use zones in the estate. The development of a neighbourhood shop however is a matter for a private commercial operator to consider and not council to require in the circumstances.
· Return street lights to the original green ones that are along Tuckeroo Ave not the current silver ones.	The current silver lighting is consistent with the relevant Australian Standards and has been assessed by Council’s Development Engineer during the construction of the relevant subdivision stages.
· Massive earthworks, the stripping of topsoil from the ridge to make tiny residential blocks is underway. A massive footprint of impervious structures (concrete, asphalt buildings and roads) upstream from the Brunswick River catchment is similarly underway.	Earthworks levels and Flooding Impacts were addressed as part of Stage 7 which covered the flooding impacts of future Stages 8 & 9. Council’s Development Engineer assessed the flooding impacts as part of Stage 7 and found there is no detrimental impact to downstream properties as a result of this proposal.
· A reduction in the speed limit to 35kmh for traffic safety reasons, pedestrians, children etc.	The maximum speed limit of 50km/h is consistent with residential street speed limits throughout the Shire. It is a matter for the RMS and Local Traffic Committee to deem otherwise subject to warrants.
· Provide a ride-on lawnmower to allow for the creation of a volunteer mowing service so that council doesn't have to be responsible for it.	The establishment of a volunteer mowing service is not a matter for this development application.

4.11 Public interest

The proposal is unlikely to prejudice or compromise the public interest or create an undesirable precedent.

5. DEVELOPER CONTRIBUTIONS

5.1 Water & Sewer Levies

Section 64 levies will be payable.

5.2 Section 7.11 Contributions

Section 7.11 Contributions will be payable.

6. DISCLOSURE OF POLITICAL DONATIONS AND GIFTS

Has a Disclosure Statement been received in relation to this application	No
Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed. Where the answer is yes, the application is to be determined by the Director or Manager of the Planning, Development and Environment Division.	No

7. CONCLUSION

The proposed subdivision is satisfactory having regard to the relevant environmental planning instruments and planning controls applicable to the site. The proposal raises no significant issues in terms of environmental impacts which cannot be managed and the site is considered suitable for residential subdivision as intended and reflected in the residential zoning under Byron LEP 2014.

The application is recommended for approval subject to the conditions of consent.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.11

Report No. 13.11 Review of LEP Amendment Fee Schedule

Directorate: Sustainable Environment and Economy

Report Author: Steve Daniels, Project Officer - Planning Reforms

File No: I2020/1792

Summary:

This report presents a proposed update to Council’s 2020/21 Revenue Policy (Fees & Charges) for LEP amendments.

Staff have undertaken a review of Council’s current LEP amendment fee structure as part of a wider review of our LEP amendment processes. With regard to the fee structure, the goals of the review are to:

· Simplify the existing fee structure

· Provide greater cost certainty to applicants

· Ensure that fees charged by Council are commensurate with fees charged by other Councils in the North Coast region

Council currently utilises a full-cost recovery fee structure that applies an hourly rate to staff time, and recovers external costs accrued by Council on a pro rata basis. The review found that Byron Shire Council is undercharging applicants for LEP amendments in comparison to all other Councils in the North Coast region.

This report recommends an amendment to the 2020/21 Revenue Policy in accordance with the fee structure proposed in Table 3 of this report, which includes:

· A fixed fee payable (upfront) for each of the 3 stages of the LEP amendment process.

· Differentiated fees depending on whether the amendment is classified as ‘Minor’ or ‘Major’.

· Additional pro rata fees to recover costs associated with studies, peer reviews, referral to panels and other like matters. This includes staff time, consultant fees etc.

· A one-off fixed fee for minor amendments suitable for including in a ‘housekeeping’ planning proposal.

Council is required to public exhibit any proposed changes to the 2020/21 Revenue Policy for a period of 28 days.

RECOMMENDATION:

That Council:

1. Places the proposed 2020/21 Revenue Policy amendments (as described in Table 3 of this report) on exhibition for a period of 28 days.

2. Receives a further report if submissions are received during the exhibition period.

3. If no submissions are received, adopt the 2020/21 Revenue Policy amendments (as described in Table 3 of this report) for LEP amendments.

REPORT

Staff are currently updating internal processes for planning proposals, including Council’s fees and charges framework for LEP amendments (planning proposals).

This report presents a proposed update to Council’s 2020/21 Revenue Policy (Fees & Charges) for LEP amendments.

· Simplify the existing fee structure

· Provide greater cost certainty to applicants

· Ensure that fees charged by Council are commensurate with fees charged by other Councils in the North Coast region

Current LEP Amendment Fee Structure

Council processes applicant funded LEP amendments on a full-cost recovery basis, meaning that all staff time and external costs (such as consultant fees) are passed on to the applicant.

Applicants are required to enter into a ‘Costs & Expenses Agreement’ ahead of each key stage in the planning proposal process (pre Gateway, public exhibition and finalisation). Staff time is monitored and charged at the hourly rate specified in Councils Revenue Policy. A complete breakdown of current fees and charges is provided in Table 1.

Table 1: Revenue Policy - Current Fees & Charges for LEP amendments

In reviewing fees charge under the current fee structure, staff tallied the income received for all applicant funded planning proposals since the commencement of Byron LEP 2014. It was found that during this period:

· Council has processed 25 applicant funded planning proposals

· The average fee income received by Council was $7,600.

Issues with the existing fee structure

Although a full-cost recovery system based on an hourly rate makes sense in theory, in practice it can be difficult to implement and present significant cost uncertainty for applicants.

For Council, there is an administrative burden associated with recording time spent by staff who contribute to the processing of a planning proposal (this includes planners, specialist staff, project support officers etc.), and it is not guaranteed that all time spent is fully captured (hence not charged to proponent).

For applicants, there is no cost certainty ahead of each stage of the planning proposal process because all fees are based on actual hours worked or external costs accrued. Planning staff can provide applicants with an ‘up front’ fee estimate as part of the ‘Costs & Expenses Agreement’, however true costs may differ substantially during each stage of the process.

Review of LEP Amendment Fees Structures (North Coast Region)

In order to determine benchmarks and provide a point of comparison, staff reviewed typical fee structures and the average fees charged in a sample of 12 local government areas in the North Coast region.

Councils are not legally required to adhere to a standardised fee structure, resulting in a range of different approaches. The review found that the varying fee structures can be categorised into 4 types summarised below in Table 2.

Unlike Byron Shire Council, most councils include some form of fixed fee as part of their fee structure. The majority of Council’s apply a hybrid fee structure that combines fixed fees and additional costs accrued by Council. These hybrid structures are described below in Table 2 as ‘Type 3’ and ‘Type 4’ fee structures.

For ‘Type 4’ fee structures, the general principal is that typical work undertaken by Council (such as preparing reports, exhibition costs, admin costs etc.) is covered by the fixed fee, while work that is less predictable (undertaking studies, peer reviews, referral to panels and other like matters) is charged at actual cost.

Type 4 fee structures recognise that LEP amendments can vary significantly in terms of complexity and workload, and therefore differentiate the fixed fees based on the complexity of the planning proposal. Most Council’s using a ‘Type 4’ structure classify LEP amendments as ‘Minor’ or ‘Major’ depending on the number of lots involved and the need for specialist studies.

In regard to Table 2, please note:

· The figures provided are ‘average’ approximations only.

· Total average fees have been calculated based on fixed fees (excluding Byron Shire). Unknown additional costs have not been included.

· Where a Council differentiates between ‘minor’ and ‘major’ amendments, an average of the two categories has been used.

· Tweed Council has not been included in calculating averages. Tweed LGA includes high density metropolitan areas that skew towards significantly higher fees than other LGA’s in the North Coast region and was treated as an outlier.

Table 2: Summary of typical LEP amendment fee structures – North Coast LGA’s

Fee Structure	Description	Number of LGA’s	Total Average of Fees charged
Type 1	Staff Hourly Rate · Full cost recovery across all stages of the LEP amendment process	1 (Byron)	$7,600 Byron average fee since 2014
Type 2	Fixed Fee · Charged at commencement of each LEP amendment stage	2	$12,500 (Avg. fixed fee)
Type 3	Fixed Fee + Staff Hourly Rate · Flat fee charged at commencement of each LEP amendment stage	3	$6,000 (Avg. fixed fee) + Staff hourly rate
Type 4	Variable Fixed Fee (based on complexity) + Additional Costs to Council · Fees charged at commencement of each LEP amendment stage · Different rates charged depending on complexity of the proposal (categorised as ‘minor’ or ‘major’) · Additional fees are charged to recover costs associated with studies, peer reviews, referral to panels and other like matters. This includes staff time, consultant fees etc.	6	$16,000 (Avg. fixed fee) + additional costs accrued for work on supporting studies etc.

Recommendations

It is clear that Byron Shire Council is charging significantly lower fees on average than all other LGA’s in the region. An amendment to the fee structure is recommended.

Of the 4 types of fee structures described in Table 2, ‘Type 4’ is considered to provide the most comprehensive and equitable approach. This includes fixed fees based on the complexity of a planning proposal combined with payment of additional pro rata fees for more unpredictable elements of a planning proposal, ensuring that Council is properly renumerated for any additional (less predictable) work.

The fixed fee component reduces the administrative burden of recording staff time and reduces the potential for slippage. It also provides greater certainty to applicants as they approach and move through the LEP amendment process.

A ‘Type 4’ fee structure is therefore recommended as an amendment to the 2020/21 Revenue Policy (Fees & Charges), as presented in Table 3 below.

In reading this table it is noted that:

· A one-off fixed fee has been included for minor housekeeping amendments. This is modelled off the approach taken by Ballina Council.

· The proposed fixed fees for ‘Minor’ and ‘Major’ amendments average $15,500. This is comparable to the typical average for Type 4 fee structures and reflects a “middle of the road” approach in this regard.

Table 3: Proposed Fee Structure

Name:

Fee (2020/21) Including GST

Correction of errors & anomalies

No charge

Pre-lodgement meeting

$486.00

Minor amendment considered suitable for annual housekeeping LEP amendment

50% of fee refundable pre-Gateway if not supported by Council. No refund post-Gateway

$6,000.00

Minor Amendment

(single site and no supporting studies required)

Stage 1 - Pre Gateway – $3,000.00

· Planning Proposal assessment and report to Council

Stage 2 – Post Gateway – $4,000.00

· Public exhibition and agency consultation

Assessment of submissions and report to Council

Stage 3 – Finalisation – $2,000.00

· Finalisation of the planning proposal following Council resolution

Major Amendment

(Multiple sites and/or requiring independent specialist studies)

Stage 1 - Pre Gateway – $7,000

· Planning Proposal assessment and report to Council

Stage 2 – Post Gateway – $10,000.00

· Public exhibition and agency consultation

· Assessment of submissions and report to Council

Stage 3 – Finalisation – $5,000.00

· Finalisation of the planning proposal following Council resolution

Additional costs & expenses incurred by Council in undertaking studies, peer reviews, referral to panels and other like matters.

At cost

Staff hourly rate

$180.00

Costs and Expenses Agreement

The applicant is required to enter into a ‘Costs & Expenses Agreement’ with Council at the commencement of each stage of the planning proposal. Council will only commence work on the amendment after the agreement has been signed and corresponding fees have been paid.

In summary, the fee structure proposed in Table 3 includes:

· A fixed fee payable (upfront) for each of the 3 stages of the LEP amendment process.

· Differentiated fees depending on whether the amendment is classified as ‘Minor’ or ‘Major’.

· Additional pro rata fees to recover costs associated with studies, peer reviews, referral to panels and other like matters. This includes staff time, consultant fees etc.

· A one-off fixed fee for minor amendments suitable for including in a ‘housekeeping’ planning proposal.

Community consultation & next steps

If Council chooses to proceed with the amendment, a 28 day public exhibition is required. This would be followed by a further Council report to consider any submissions received.

If no submissions are received, it is recommended that the amendment be notified and adopted.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 5: We have community led decision making which is open and inclusive	5.5	Manage Council’s finances sustainably	5.5.2	Ensure the financial integrity and sustainability of Council through effective planning and reporting systems (SP)	5.5.2.1	Maintain and improve internal financial controls

Legal/Statutory/Policy Considerations

Section 610F of the Local Government Act 1993 prescribes the methodology for Council to amend fees and charges throughout the financial year after adoption of the Revenue Policy requiring Council to publicly advertise any proposed fees and charges amendments for a period of 28 days inviting submissions from the public.

Financial Considerations

In addition to the financial considerations noted above, it is expected that the proposed fee structure would improve Council’s funding position for work carried out on LEP amendments.

Consultation and Engagement

If Council chooses to proceed with the amendment, a 28 day public exhibition is required. This would be followed by a further Council report to consider any submissions received. If no submissions are received, it is recommended that the amendment be adopted and notified.

Requested funds from funding bodies	18,495,048
Council Contribution Cash	2,053,376
Council Contribution In-Kind	153,500
Other contributions	258,809
Funding applications submitted successful and awaiting notification (total project value)	20,960,733