Minutes
Ordinary (Planning) Meeting
Thursday, 11 February 2021
Minutes
Ordinary (Planning) Meeting
Thursday, 11 February 2021
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes
11 February 2021
The following items are listed in the order in which they were dealt with.
Report No. 13.3 PLANNING - DA 10.2020.443.1 - New Dwelling to Create Dual Occupancy (Detached)
Notice of Motion No. 9.1 Brunswick Heads Heritage Conservation
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 11 February 2021
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 11 February 2021 COMMENCING AT 11.03AM AND CONCLUDING AT 12.50PM
I2021/148
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 (virtual)
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)
Chris Larkin (Manager Sustainable Development)
Sharyn French (Manager Environmental and Economic Planning)
Ralph James (Legal Counsel)
Mila Jones (Minute Taker)
The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.
Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:
Public Access
|
Report No and Title |
Name |
For / Against |
Representing Organisation |
Submission Received in form of |
|
|
9.1 |
Brunswick Heads Heritage Conservation |
Matthew O’Reilly |
For |
|
In person |
|
13.3 |
PLANNING – da 10.2020.443.1 – New Dwelling to Create Dual Occupancy (Detached) |
Leif Canuto |
For |
|
In person |
|
13.4 |
PLANNING - S4.55 application to modify consent 10.2018.480.1 to amend driveway design - 8 Cemetery Road Byron Bay |
Philip Shine |
Against |
|
In person |
Submissions
|
Subject |
Name |
Representing Organisation |
Submission Received in form of |
|
Matter No. 1646 {Napoli v BSC, L&E Court 2020} |
John Anderson |
|
To be read by staff |
Question No. 1 Wilshire Webb
John Anderson asked (read by staff) the following question:
Given that Wilshire Webb were Max Eastcott’s personal lawyers when he appeared before ICAC in 1995 and that subsequently this firm were selected as Council’s lawyers out of a field of 28 applicants, and given that the firm was quite controversial during its tenure prior to having their services “discontinued” about 20 years ago, what is the basis for Council’s reinstatement of said firm in recent times, as per their involvement in Napoli v BSC [2020] NSW LEC 1646?
Legal Counsel responded:
Wilshire Webb Staunton Beattie is not a member of Council’s external legal services panel.
In 2018 Council awarded contracts for external legal services to four firms one of which was Swaab Attorneys.
Since then Council developed a strong professional relationship with Swaab’s planning and environment law partner.
When that partner ceased employment at Swaab and became a partner at Wilshire Webb Staunton Beattie, Council continued its relationship with that partner.
Council’s legal
services contracts provide that Council may at its discretion, allocate work to
non-contracted legal services providers.
There were no apologies.
There were no requests for leave of absence
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Coorey declared a pecuniary interest in Report 13.4. The nature of the interest being that the DA is on her property. Cr Coorey elected to leave the Chamber and will not participate in discussion and the vote.
Cr Ndiaye declared a non-pecuniary interest in Report 13.4. The nature of the interest being that Cr Coorey has been a friend for many years prior to being a Councillor. Cr Ndiaye elected to remain in the Chamber and will not participate in the debate and not vote.
Cr Cameron, later in the meeting, declared a non-pecuniary interest in Report 13.4. The nature of the interest being that the applicant is a personal friend. Cr Cameron elected to remain in the Chamber and will not participate in discussion and not vote.
Tabling of Pecuniary Interest Returns
In accordance with clause 4.9 of the Code of Conduct for Staff, the Mayor tabled an annual interest return for Craig Bridge, Community Enforcement Coordinator.
Adoption of Minutes from Previous Meetings
|
Resolved that the minutes of the Ordinary (Planning) Meeting held 10 December 2020 meetings be confirmed. (Ndiaye/Hackett) The motion was put to the vote and declared carried. |
Reservation of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be reserved for debate, being:
Staff Reports
Sustainable Environment and Economy
Report No. 13.1 Department of Primary Industries - Agricultural Land Use Planning Strategy Options Paper - Submission
Report No. 13.4 PLANNING - S4.55 application to modify consent 10.2018.480.1 to amend driveway design - 8 Cemetery Road Byron Bay
Cr Coorey left the meeting at 11.25am in accordance with her earlier declared pecuniary interest in Report 13.4.
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Richardson and seconded by Cr Ndiaye. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 21-002 and concluding with Resolution No. 21-003.
Cr Coorey returned to the meeting following the vote on reservation of items for debate.
Staff Reports - Sustainable Environment and Economy
|
|
Procedural Motion |
|
Resolved that Council change the order of business to deal with Items 9.1, 13.4 and 13.1 next on the Agenda. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
Staff Reports - Sustainable Environment and Economy
Crs Coorey and Cameron returned to the meeting at 12.15pm.
Mayoral Minute
There was no Mayoral Minute.
There were no petitions.
There were no submissions or grants.
1. Sustainable Cities Urban Regeneration Sustainability Development Forum
Cr Richardson advised:
Yesterday I presented at the second Sustainable Cities Urban Regeneration Sustainability Development Forum via zoom. The thing I want to mention is the part of the presentation about our zero emissions projects, that I talked quite strongly about the fact that we are representing our community who want us to do these sorts of things. I just think it’s interesting that at some point it might be for all of us to consider, both this side of the chamber and potentially in the audience and various positions, is how true is that, as a community?
I will note for example the mayoral vehicle is now an EV. Now I would have thought that our community would see that at the same price as a normal vehicle, of course we would want an EV. Half of the fact is that we save a few thousand dollars every year so wouldn’t we, as a community, be proud that Council’s doing that? It’s just interesting that when we launched it, I said we should do a little promotion about it even though we’ll cop the “haters” - which we did on Facebook. Although the vast bulk said “cool”. Even our local paper decided to smack into us. I understand it was probably an anti Simon Richardson hate comment as always, but really? Do we actually not want this Council to have an EV?
It’s just strange that I’m asked to present at national and global conferences and I always talk about how our community demands to be part of the change and yet sometimes… there’s solar farms that are leaving because well-healed people don’t want to look at it. Even a basic thing of a $45,000 car transitioning into a $43,000 EV which will save $5,000 or $6,000 a year, that we get blow back on that. It’s quite a fascinating thing how much we are actually willing to walk our talk.
Having said that the presentation went well and the rest of Australia, both local government, university professors and the industry, were really impressed about what we do. Which happens every time I speak nationally or internationally and even locally.
2. Women’s Village Meeting
Cr Ndiaye advised:
Earlier this week I went to a meeting with the Women’s Village that is looking to help bridge the gap for affordable housing for women, particularly in the Shire. It was well attended with people that are still committed to making some changes in that space and trying to get some things happening. I sort of feel like that was one of the main things that I came on to Council to do and everything just takes a lot longer than anyone would want it to but we’re still committed to delivering on that.
It was great to see so many other people from the community coming together, whether it was from a philanthropic perspective, North Coast Community Housing, and other people continuing to push for it because what’s happening in the broader community at the moment in relation to accessible and affordable housing is dire. We’re losing more and more families that have been here for a really long time, that work here, that have kids at school; I know one group of 20 year olds who were all just evicted because somebody else wants to put a family in there; a nurse or a mental health worker and a disability support worker who have all just been effected.
It’s very, very complicated and we need to come up with solutions. Hopefully this meeting will bear fruit sooner rather than later.
3. Homelessness Forum
Cr Richardson advised:
Myself, Ms Adams, the General Manager and a couple of other staff members hosted a homelessness forum with Minister Ward a week or so ago which was really good. Staff did the organisation proud in how it shared our challenges and I think the objective of getting the Minister to be far more clearly aware of the scope of our problem here was well put and well received. Hopefully it will actually lead to a significant change.
4. Australia Day
Although not a delegate’s report, the Mayor acknowledged and congratulated all Australia Day award winners in the Shire and all those that were nominated, who themselves could have all been eligible for awards. He also thanked staff for preparing the event.
Staff Reports - Sustainable Environment and Economy
|
|
Procedural MotionS |
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Resolved that Cr Hunter be granted a one minute extension to his speech. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
|
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. |
The motion (Hunter/Coorey) was put to the vote and declared carried.
There being no further business the meeting concluded at 12.50pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Planning Meeting on 11 March 2021.
….…………………………
Mayor Simon Richardson
