Minutes
Ordinary Meeting
Thursday, 25 February 2021
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
25 February 2021
The following items are listed in the order in which they were dealt with.
Petition No. 10.1 Tallowood Ridge
Report No. 11.1 Grants and Submissions February 2021
Report No. 13.3 Licence for the operation and maintenance of Byron Bay car parks
Report No. 13.4 Security Services Tender Outcome
Report No. 13.7 Council Investments - 1 December 2020 to 31 December 2020
Report No. 13.10 Council Resolutions Quarterly Review - Q2 - 1 October to 31 December 2020
Report No. 13.11 Council Investments - 1 January 2021 to 31 January 2021
Report No. 13.12 Budget Review - 1 October 2020 to 31 December 2020
Report No. 13.14 Compliance Priorities Program Report 2020
Report No. 13.17 Former Mullumbimby Sewage Treatment Plant Land Use Options Report
Report No. 13.18 Tender 2020-0063 - Railway Corridor Park
Report No. 13.20 Design and Construction of the Byron STP Additional Flow Path
Petition No. 10.2 Petition against the changing of Ewingsdale rulings, R5 and R2
Petition No. 10.3 Petition with 140 signatures to reduce speed at Rifle Range Road
Report No. 13.2 Financial hardship of the Upper Main Arm Community Assocation Incorporated
Report No. 14.1 Report of the Local Traffic Committee Meeting held on 27 January 2021
Notice of Motion No. 9.1 Mayor's Discretionary Allowance
Report No. 13.6 Section 355 Management Committees - resignations and appointments update
Report No. 13.8 Policy Review 2020-2021 - Part 2
Report No. 13.9 National General Assembly of Local Government 2021
Report No. 13.19 Byron Shire Rail with Trail (Update)
Question With Notice No. 15.1 Agglomerated data on dwelling supply in Byron Shire.
Report No. 16.1 CONFIDENTIAL - Lease to AFL Queensland Limited
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 25 February 2021
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 25 February 2021 COMMENCING AT 9:10AM AND CONCLUDING AT 2:31PM
I2021/255
PRESENT: Cr S Richardson (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter, Cr M Lyon, Cr J Martin, Cr S Ndiaye and Cr P Spooner
Staff: Mark Arnold (General Manager)
Vanessa Adams (Director Corporate and Community Services)
Evan Elford (Acting Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Ralph James (Legal Counsel)
Joelinda Bourke (Minute Taker)
The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.
Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:
Public Access
Report No and Title |
For/Against |
Name |
Representing Community Organisation |
Submission Received in form of |
|
10.2 |
Petition against the changing of Ewingsdale rulings, R5 and R2 |
For |
Matthew O’Reilly |
Community Alliance for Byron Shire |
In person |
10.3 |
Petition with 140 signatures to reduce speed at Rifle Range Road |
For |
Clare Hopkins |
|
In person |
13.2 |
Financial hardship of the Upper Main Arm Community Association Incorporated |
Against |
Matthew Lambourne |
|
In person |
13.10 |
Council Resolutions Quarterly Review - Q2 - 1 October to 31 December 2020 |
Against |
Matthew O’Reilly |
Saddle Road Community Association |
In person |
13.14 |
Compliance Priorities Program Report 2020 |
Against |
John Anderson |
|
In person |
13.16 |
Proposed Activity - Byron Music Festival 2021 on Reserve 82000 Dening Park, Byron Bay |
For |
Nick Sergi |
Byron Music |
In person |
Monique Hartman |
Byron Music |
In person |
|||
14.1 |
Report of The Local Traffic Committee Meeting Held 27th January 2021 |
Against |
Len Bates |
|
In person |
Submissions
Subject |
Name |
Representing Community Organisation |
Submission Received in form of |
Complaint handling, compliance and enforcement |
Matthew O’Reilly |
Community Alliance for Byron Shire |
In person |
Question No. 1 – Use of Council Resources in 2021 Local Government Election
John Anderson asked the following question:
Given that in accordance with well-established principles the Council Executive (i.e. the bureaucracy) should remain at arm’s length from the Council Legislative (the elected Councillors) and must not meddle in politics, is Cr Michael Lyon able to assure the ratepayers that he has not been assisted and will not be assisted in the lead-up to the September elections, by any member of the Council staff or anyone acting on their behalf, in terms of press releases, strategy, negotiations etc, and that he will not otherwise consume Council resources for a private purpose?
Cr Lyon responded:
I am not being assisted and will not be assisted in any way by staff that is untoward, illegal or contrary to any codes of conduct. This includes in terms of press releases, strategies and all the other items you mentioned. What I will say is I am focussed on the solutions that we need in this community. Most notably in terms of availability and affordability of housing and I would be a fool not to consult staff to further my understanding about legislative and other requirements when developing policy.
Question No. 2 - Planning Proposals to rezone rural land for residential purposes as a Residential Zone
Matthew O’Reilly asked the following question:
Can Council please advise whether Planning Proposals to rezone rural land for residential purposes as a Residential Zone are permitted under the Byron Business and Industrial Land Strategy or may only take place under the Byron Residential Land Strategy and whether either of these two Strategies have been formally approved by the Department of Industry, Planning and the Environment?
The question was taken on notice.
The meeting was adjourned at 10:10am and resumed at 10:31am.
There were no apologies.
|
Procedural Motion |
Resolved that Cr Martin be granted a leave of absence for the 11 March 2021 Planning Meeting (Richardson/Coorey) The motion was put to the vote and declared carried. |
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Martin declared a pecuniary interest in Report 13.15. The nature of the interest being that her daughter and granddaughter are employed at the nursery mentioned. Cr Martin elected to leave the Chamber and will not participate in discussion and the vote.
Cr Lyon declared a pecuniary interest in Report 13.15. The nature of the interest being that he works for a related member organisation. Cr Lyon elected to leave the Chamber and will not participate in discussion and the vote.
Tabling of Pecuniary Interest Returns
There were no Pecuniary Interest Returns tabled.
Adoption of Minutes from Previous Meetings
Resolved: that the minutes of the Ordinary Meeting held 17 December 2020 be confirmed (Hunter/Lyon) The motion was put to the vote and declared carried. |
Reservation of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be reserved for debate, being:
Staff Reports
General Manager
Report No. 13.2 Financial hardship of the Upper Main Arm Community Association Incorporated
Corporate and Community Services
Report No. 13.5 Conduct a Constitutional referendum or council poll at the Local Government election in September 2021
Report No. 13.6 Section 355 Management Committees - resignations and appointments update
Report No. 13.8 Policy Review 2020-2021 - Part 2
Report No. 13.9 National General Assembly of Local Government 2021
Report No. 13.13 Delivery Program 6-monthly Report and 2020/21 Operational Plan Report - Q2 - December 2020
Sustainable Environment and Economy
Report No. 13.16 Proposed Activity - Byron Music Festival 2021 on Reserve 82000 Dening Park, Byron Bay
Infrastructure Services
Report No. 13.19 Byron Shire Rail with Trail (Update)
Infrastructure Services
Report No. 14.1 Report of the Local Traffic Committee Meeting held on 27 January 2021
6.1 Yellow Line - Lighthouse Rd, Wategos
6.2 Tincogan Street Intersection Priorities
6.3 Burringbar St - Talking Street
6.4 On-Road Cycleway Connection - Bangalow/Browning/Tennyson Roundabout
7.1 Mixed Use Development - Jonson St / Browning St
General Manager
Report No. 16.1 Confidential - Lease to AFL Queensland Limited
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Richardson and seconded by Cr Hunter. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 21-012 and concluding with Resolution No. 21-034.
In accordance with their earlier declared interest in item 13.15, Crs Martin and Lyon left the Chamber at 10.39am.
Petitions
Submissions and Grants
Staff Reports - General Manager
Staff Reports - Corporate and Community Services
Staff Reports - Sustainable Environment and Economy
Staff Reports - Infrastructure Services
Reports of Committees - Infrastructure Services
Resolved that Council adopts the following Committee Recommendation: Regular Item on the TIAC Agenda Committee Recommendation 4.3.1 That the Transport and Infrastructure Advisory Committee receives an update on roads, reseals, reconstructions, maintenance requirements, and budgetary situation as a regular item on future Agendas. (Richardson/Hunter) |
Resolved that Council adopts the following Committee Recommendation: Kolora Way Update Committee Recommendation 4.4.1 That the Transport and Infrastructure Advisory Committee receives a further report on bikeway options at the next meeting. (Richardson/Hunter) |
Crs Martin and Lyon returned to the Chamber at 10:41am.
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 10.2. 10.3. 13.2. 13.16. and 14.1 next on the Agenda. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
Petitions
|
Procedural Motion |
Resolved that Cr Coorey be granted a one minute extension to her speech. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
AMENDMENT
The amendment was put to the vote and declared carried.
Crs Coorey and Cameron voted against the amendment.
The amendment upon becoming the substantive motion was put to the vote and declared carried.
Staff Reports - General Manager
AMENDMENT
Moved:
1. That Council waives 100% of the rent payable under a licence granted to the Upper Main Arm Community Association Incorporated for the period 1 August 2020 to 31 July 2021 at a cost of $539 inclusive of GST.
2. That Council gifts the Upper Main Arm Community Association Incorporated $800 inclusive of GST for the payment of Public Liability Insurance cover due 11 February 2021 upon issue of an invoice.
3. That Council note the correspondence from UMACA and the committee’s willingness to be involved in discussion and consultation and that Council continues discussions with UMACA to ensure that this much loved community asset can be retained for community benefit. (Cameron/Hackett)
The amendment was put to the vote and declared lost.
Crs Coorey, Martin, Ndiaye, Richardson, Spooner, and Hunter voted against the amendment.
The motion (Lyon/Ndiaye) was put to the vote and declared carried.
Staff Reports - Sustainable Environment and Economy
AMENDMENT
The amendment was put to the vote and declared carried.
Crs Ndiaye and Hackett voted against the amendment.
The amendment upon becoming the substantive motion was put to the vote and declared carried.
Reports of Committees - Infrastructure Services
Resolved that Council adopts the Recommendations: Report No. 6.2 Tincogan Street Intersection Priorities File No: I2021/66 Recommendation 6.2.1 1. That Council implement the priority changes to give way signs on Tincogan Street at the intersections of the Dalley Street and Stuart Street, Mullumbimby in order to provide priority to east-west traffic movements in Tincogan Street as amended by Committee comments. 2. That Council note the pedestrian safety issues raised by the Mullumbimby Residents Association and discussed in the Our Mullumbimby Masterplan. 3. That Council only undertake priority change at the same time that pedestrian safety infrastructure and systems are implemented. 4. That Council proceed with a speed zone review request to reduce the speed along Tincogan Street between Dalley Street and Station Street. (Cameron/Lyon) |
The motions (21-041 – 21-046) were put to the vote and declared carried.
There was no Mayoral Minute.
|
Notice of Motion No. 9.1 Mayor's Discretionary Allowance File No: I2021/164
|
|
There were no delegates’ reports.
Staff Reports - Corporate and Community Services
|
Report No. 13.6 Section 355 Management Committees - resignations and appointments update File No: I2021/26
|
1. That the resignation from Jim Beatson from the Marvell Hall Management Committee be accepted and that a letter of thanks be provided. 2. That the resignations from Glenn Wright and Jennifer Parenteau from the Mullumbimby Civic Hall Management Committee be accepted and that a letter of thanks be provided. 3. That the resignations from Zerina Millard, Jennifer Parenteau, Gabrielle Rinaldi and Tony Horrigan from the South Golden Beach Hall Management Committee be accepted and that letters of thanks be provided. 4. That the nominees in Confidential Attachment 1 be appointed to the South Golden Beach Hall Management Committee (Ndiaye/Richardson) The motion was put to the vote and declared carried. |
The meeting adjourned at 12:27pm for a lunch break and reconvened at 1:21pm.
Staff Reports - Infrastructure Services
|
Procedural Motion |
Resolved that Cr Richardson be granted a two minute extension to his speech. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
AMENDMENT
The amendment was put to the vote and declared carried.
Crs Spooner, Hunter, and Hackett voted against the amendment.
The amendment upon becoming the substantive motion was put to the vote and declared carried.
Crs Spooner, Hunter, and Hackett voted against the motion.
|
Question With Notice No. 15.1 Agglomerated data on dwelling supply in Byron Shire File No: I2021/209
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Cr Cate Coorey submitted the following question: In view of the recently adopted Residential Strategy and to assist in considering future planning decisions, can Councillors and the community be advised of changes in residential approvals since the operation of the Byron LEP 2014. Can staff please provide figures for the number of new dwellings, rural tourist accommodation rooms and new lots approved as complying development, council approved development and NRPP approved development. Can these figures be divided into: In rural areas all approvals, including: · primary dwellings · dual occupancies · secondary dwellings · workers dwellings · studios · Rural tourist cabins, farmstay accommodation or eco-tourism accommodation In urban areas all approvals including: · detached dwellings · secondary dwellings · dual occupancies approved as strata title or freehold developments · multi dwelling housing approved as strata title or freehold developments · studios · shop top housing dwellings and · Ancillary caretaker dwellings/Ancillary managers and staff dwellings. · Ancillary dwellings in industrial and business zones · New lots under 800m2 with dwelling entitlements · New lots under 1000m2 with dwelling entitlements · New lots over 10002 with dwelling entitlements NB please count total dwellings, total rooms and total lots, not total approvals as often multiple dwellings are included in a single approval such as multi dwelling housing, dual occupancies or a new house and secondary dwelling. Rural includes RU1, RU2, RU5, R5 and environmental zones. Urban includes all Residential, Business and Industrial Zones. Response Director Sustainable Environment and Economy: Councillor Coorey asked the same question of staff for the period 2014-2017 at the 22 March 2018 ordinary council meeting. The following response was published 19 April 2018 on the ordinary meeting agenda. Question with Notice No. 15.5 Agglomerated Data on Dwelling Supply in Byron Shire The tables below break down the Development (DA) and Complying Development (CDC) applications approved during the calendar years from 2012 to 2017.
It is not possible to provide the level of detail requested in the question above as information collected and collated by Council does not necessary correlate. As such the breakdown in the response provided below is based on that information that is readily able to be accessed and presented by staff from Council records or other sources.
Dwellings
The figures show number of dwelling (or studios) approved during these periods, not the number of applications. It should be noted that bedroom numbers are not recorded on Council’s electronic register and therefore have not been included in the data. To capture this information each application would need to be individually reviewed by a staff member, a task that is not resourced to be done.
The Census includes a question on the number of bedrooms per household which may be of use in this regard. A link to the Byron Community profile web follows: https://profile.id.com.au/byron
Subdivisions It should be noted that lot sizes are not recorded on Council’s electronic register and therefore have not been included in the data in Table 1. To capture this information each application would need to be individually reviewed by a staff member, a task that is not resourced to be done.
Table 1 below shows the number of lots approved between 2012-2017.
Source: Authority Notes: Does not include strata subdivision Does not distinguish between properties created with or without dwelling entitlements * State Government approvals and concept approval for Bayside Brunswick Heads
Table 2 shows the breakdown of lots registered (i.e. constructed) between 2012 and 2017 including lot sizes (derived from Council’s GIS software). These lots do not indicate if there is a dwelling entitlement as that data is not available on Council’s GIS software.
Source: Geocortex Notes: Does not include strata subdivision Does not distinguish between properties created with or without dwelling entitlements Does not does not break down if the subdivision was a boundary adjustment or torrens (i.e. additional lot/s) A further response to update the data to include the period 2017 -2020 will be provided in the next available Council Meeting Agenda. |
Confidential Reports - General Manager
|
Report No. 16.1 Confidential - Lease to AFL Queensland Limited File No: I2021/79
|
|
Procedural Motion |
Resolved that the meeting move out of confidential session. (Cameron/Richardson) The motion was put to the vote and declared carried. |
There being no further business the meeting concluded at 2:30pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 25 March 2021.
….…………………………
Mayor Simon Richardson