Minutes
Ordinary (Planning) Meeting
Thursday, 13 May 2021
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes
13 May 2021
The following items are listed in the order in which they were dealt with.
Report No. 13.3 Budget Review - 1 January 2021 to March 31 2021
Report No. 13.12 PLANNING - Report of the 8 April 2021 Planning Review Committee
Report No. 13.8 Update on Resolution 20-664 (Lot 12 Bayshore Drive)
Report No. 13.1 BSC ats Pace Development Group Pty Ltd
Report No. 13.13 Byron Music Festival 2021 - Use of Dening Park
Notice of Motion No. 9.1 Quarterly reports on residential dwelling figures
Report No. 13.2 Draft 2021/22 Operational Plan and Budget for Public Exhibition
Report No. 13.10 PLANNING - State Government Planning Amendments for Agriculture
Report No. 13.15 Byron Bay Bypass Project Closeout
Mayoral Minute Information and Support for Filming Activities in Byron Businesses and on Council Controlled Land 22
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 13 May 2021
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 13 May 2021 COMMENCING AT 11:40AM AND CONCLUDING AT 6:36PM
I2021/741
PRESENT: (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter, Cr M Lyon, Cr J Martin, and Cr S Ndiaye
VIRTUAL: Cr P Spooner (left at 4:45pm)
Staff: Mark Arnold (General Manager)
Vanessa Adams (Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Ralph James (Legal Counsel) - virtual
Rob van Iersel (Place Activation Coordinator) – item 13.13
Heather Sills (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 |
Via |
|
13.4 |
PLANNING -26.2017.6.1 - Byron Bay Town Centre Planning Controls - Review of submissions and next steps |
Against |
Brooke Crowle |
Join the webinar (Zoom) |
13.8 |
Update on Resolution 20-664 (Lot 12 Bayshore Drive) |
For |
Brandon Saul |
In person |
Fraser Williams-Martin |
In person |
|||
13.9 |
PLANNING - Development Application 10.2020.215.1 Multi Dwelling Housing Comprising of Ten (10) Two Storey Detached Dwellings and Ten (10) Swimming Pools and Strata Subdivision at 6 Keats Street Byron Bay |
For |
Dwayne Roberts |
In person |
Against |
Nick Buckley |
In person |
||
Duncan Dey |
In person |
|||
13.11 |
PLANNING - s4.55 to Modify Conditions 1 and 6 Landscaping Plan, DA 10.2019.650.2 at 103 Kings Road Federal |
For |
Karina Vikstrom |
In person |
Against |
Anthony Hunt |
In person |
||
13.13 |
Byron Music Festival 2021 - Use of Dening Park |
For |
Monique Hartman |
In person |
Nick Sergi |
In person |
|
Procedural MotionS |
Resolved that Mr Anderson be requested to leave the Chamber. (Lyon/Martin) The motion was put to the vote and declared carried. |
The meeting adjourned at 12:45pm and reconvened at 1:00pm.
|
Procedural Motion |
Resolved that Public Access be extended for 30 minutes. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
Submissions
Subject |
Name |
Representing Community Organisation |
Via |
Council help needed for host compliance with the short term rental code of conduct |
David Wallace |
Victims of Holiday Letting (VOHL) |
In person |
Question No. 1 Zoning and height changes
Hilary Naughton asked the following question:
Can you tell the community why these changes will make Byron a better place to live?
The Mayor took the question on notice.
Question No. 2 Carbon Footprint Reduction
Tashi Lhamo asked the following question:
Will Council work towards reducing the enormous carbon footprint from the present wireless approach by opting for the implementation of wired, fibre-optic communications infrastructure wherever possible?
The Mayor took the question on notice.
Question No. 3 Public Consultation on small cells
Rinat Strahlhofer asked the following question:
Considering the potential safety risks and increased costs to ratepayers, will Council consult with the public before allowing telcos to install small cells on council-owned infrastructure and along our roads?
The Mayor took the question on notice.
Question No. 4 Fibre Optic availability
Stephanie Jaffray asked the following question:
Where in the Byron Shire are Fibre Optic internet provisions available (suburbs and street names)?
The Mayor took the question on notice.
Question No. 5 ICLEI relationship
Sher asked the following question:
Did Byron Shire Council receive any money for signing up to ICLEI or any of ICLEI’s projects like it’s ‘Smart City Agenda’ or it’s ‘Daring cities’ platform?
The Mayor took the question on notice.
Question No. 6 Fibre Optic installations
Isabel Lucas asked the following question:
Where has Fibre Optic cabling already been installed in the Byron Shire (suburbs and street names)?
The Mayor took the question on notice.
Question No. 7 Mobile phone tower DAs
Michael Stavrou asked the following question:
It is reported that 5G infrastructure may need to rely on 10 times more phone towers being built. Does the Byron Shire Council currently have any DAs for mobile phone towers under review by Council staff?
The Mayor took the question on notice.
Question No. 8 5G upgrades in areas of environmental significance
Henriette Blecher asked the following question:
Will Council adopt a precautionary approach and take all necessary steps to ensure that 5G upgrades to towers in “areas of environmental significance” (as defined in the Telecommunications Low-impact Facilities Determination) do not proceed without ensuring long term safety for protected areas before development approval?
The Mayor took the question on notice.
Question No. 9 Forward project plans for 5G
Angela Bambach asked the following question:
Has Council requested the telcos (i.e. Telstra, Optus TPG-owned Mobile JV) provide their forward project plans for the deployment of 5G (including tower upgrades, new towers and small cells) in the Byron Shire? If not, please advise the date that Council will request such information from telcos.
The Mayor took the question on notice.
Question No. 10 ICLEI liaison
Tom Barnett asked the following question:
Which Councillors, and areas within Council, are responsible for liaising with ICLEI?
The Mayor took the question on notice.
Question No. 11 “Daring Cities” influence
Claire Alexander-Johnston asked the following question:
As Byron Shire is a Member of ICLEI, to what extent is ICLEI's "Daring Cities” (formally branded as Smart Cities Agenda), influencing Council's approach to the roll out of 5G and the deployment of smart city technology?
The Mayor took the question on notice.
Question No. 12 Independent risk assessment of small cells
Cherie Cowin asked the following question:
Can council supply the independent risk assessment carried out for the installations of small cells on public utilities that address road safety, electrical safety hazards, radiation exposure risks to council staff and the general community of the Byron Shire?
The Mayor took the question on notice.
Question No. 13 Fibre Optic stakeholders
Lauren Antico asked the following question:
Who are the key stakeholders that Byron Shire Council needs to discuss the provision of ‘Fibre Optic to the Premises’ internet with?
The Mayor took the question on notice.
Question No. 14 Community Engagement on wireless radiation
Ture Schmidt asked the following question:
How does Council plan to engage with the community on this issue of "Smart City" infrastructure that emits a pollutant called wireless radiation (also known as RF, EMR. EME)?
The Mayor took the question on notice.
Question No. 15 5G upgrades near children’s educational facilities
Justin Picone asked the following question:
Will Council commit to objecting all future 5G upgrades or new mobile phone base stations that fall within a 500m distance from children’s educational facilities across the Byron Shire?
The Mayor took the question on notice.
Question No. 16 Discussions with telcos regarding 5G rollout
Maria Picone asked the following question:
What is the current status of discussions (either formal or informal) between Council and telcos (i.e. Telstra, Optus TPG-owned Mobile JV) regarding the 5G rollout and the installation of small cells on power poles, lamp posts, bus shelters or any other council assets?
The Mayor took the question on notice.
Question No. 17 Fibre Optic installation plans
Natalie Stokes asked the following question:
What future Fibre Optic cable installation or use plans does Council have, or is Council aware of?
The Mayor took the question on notice.
Question No. 18 Indemnity for future losses
Daniel Rawson asked the following question:
Will Council request telcos agree to indemnify Council for future losses and claims, arising from telecommunications equipment installed on Council infrastructure (such as lamp posts outside residents’ homes and on roadsides and water tanks)?
The Mayor took the question on notice.
Question No. 19 Antennas placed on water tanks
Michael Leung asked the following question:
Has Council requested that telcos move the antennas from the tops of water tanks in the Byron Shire to ensure that the tanks can be accessed for maintenance and water is not contaminated?
The Mayor took the question on notice.
The meeting adjourned at 1:20pm for a lunch break and reconvened at 2:13pm.
Cr Ndiaye did not return at this time.
There were no apologies.
There were no requests for leave of absence
Declarations of Interest – Pecuniary and Non-Pecuniary
There were no declarations of interest.
Tabling of Pecuniary Interest Returns
There were no Pecuniary Interest Returns tabled.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the Ordinary (Planning) Meeting held 8 April 2021be confirmed. (Hackett/Coorey) 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. 13.1 BSC ats Pace Development Group Pty Ltd
Corporate and Community Services
Report No. 13.2 Draft 2021/22 Operational Plan and Budget for Public Exhibition
Sustainable Environment and Economy
Report No. 13.4 PLANNING -26.2017.6.1 - Byron Bay Town Centre Planning Controls - Review of submissions and next steps
Report No. 13.8 Update on Resolution 20-664 (Lot 12 Bayshore Drive)
Report No. 13.9 PLANNING - Development Application 10.2020.215.1 Multi Dwelling Housing Comprising of Ten (10) Two Storey Detached Dwellings and Ten (10) Swimming Pools and Strata Subdivision at 6 Keats Street Byron Bay
Report No. 13.10 PLANNING - State Government Planning Amendments for Agriculture
Report No. 13.11 PLANNING - s4.55 to Modify Conditions 1 and 6 Landscaping Plan, DA 10.2019.650.2 at 103 Kings Road Federal
Report No. 13.13 Byron Music Festival 2021 - Use of Dening Park
Report No. 13.14 Proposed Housing Diversity State Environmental Planning Policy (SEPP) Confirmation of Council's position on Boarding Houses in the R2 Low Density Residential Zone
Infrastructure Services
Report No. 13.15 Byron Bay Bypass Project Closeout
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Lyon and seconded by Cr Hunter. Each recommendation is recorded with a separate resolution number commencing at Resolution No.21-181 and concluding with Resolution No. 21-185.
Staff Reports - Corporate and Community Services
Staff Reports - Sustainable Environment and Economy
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 13.4, 13.8, 13.9, 13.11, and 13.13 next on the Agenda. (Lyon/Hunter) The motion was put to the vote and declared carried. |
Staff Reports - Sustainable Environment and Economy
Cr Ndiaye returned to the Chamber at 2:32pm.
|
Procedural Motion |
Resolved that Cr Coorey be granted a one minute extension to her speech. (Lyon/Cameron) The motion was put to the vote and declared carried. |
AMENDMENT
Moved that pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2020.215.1 for Multi Dwelling Housing Comprising of Ten (10) Two Storey Detached Dwellings and Ten (10) Swimming Pools and Strata Subdivision, be granted consent subject to the conditions of Listed in Attachment 8 (E2021/57487). (Lyon/Cameron)
The amendment was put to the vote and declared lost.
Crs Coorey , Martin, Ndiaye, Lyon, and Cameron voted against the amendment.
The motion was put to the vote and declared carried.
Crs Spooner, Hunter, and Hackett voted against the motion.
|
Procedural MotionS |
That Council change the order of business to deal with Report 13.1 next on the Agenda. (Lyon/Hunter) The motion was put to the vote and declared carried. |
Staff Reports - General Manager
1. That pursuant to Section 10A(2)(g), Council resolve into Confidential Session to discuss the following report, namely BSC ats Pace Development Group Pty Ltd
2. That
the reasons for closing the meeting to the public to consider this item be
that it contains advice concerning litigation, or advice that would otherwise
be privileged from production in legal proceedings on the ground of legal
professional privilege. The motion was put to the vote and declared carried. |
Resolved that Council move into Committee to allow for free debate. (Coorey/Cameron) The motion was put to the vote and declared carried. |
Resolved that Council move out of Committee and resume the Ordinary Meeting. (Lyon/Cameron) The motion was put to the vote and declared carried. |
|
Procedural MotionS |
Resolved that the meeting move out of confidential session. (Cameron/Lyon) The motion was put to the vote and declared carried. |
Resolved that Council change the order of business to deal with Report 13.13 next on the Agenda. (Lyon/Martin) The motion was put to the vote and declared carried. |
Staff Reports - Sustainable Environment and Economy
Cr Spooner left the meeting at 4:45pm and did not return.
|
Notice of Motion No. 9.1 Quarterly reports on residential dwelling figures File No: I2021/706
|
1. Notes the response to Question on Notice 14.1 ‘Agglomerated data on dwelling supply in Byron Shire’, which included statistics about the number and types of dwellings and new lots created by subdivision between 2018 and 2021. 2. Receives six monthly updates as part of its Delivery Program reporting on the number of approvals for residential development and types of dwellings approved in the Shire, with reference to the targets set in the Byron Shire Residential Strategy 2020 and the North Coast Regional Strategy 2016. (Coorey/Cameron) |
|
Procedural Motion |
Resolved that Cr Coorey be granted a one minute extension to her speech. (Lyon/Hackett) The motion was put to the vote and declared carried. |
The motion (Coorey / Cameron) was put to the vote and declared carried.
Crs Lyon, Hackett, and Hunter voted against the motion.
Cr Spooner was not present for the vote.
There were no petitions.
There were no submissions and grants.
There were no delegates’ reports.
Staff Reports - Corporate and Community Services
Staff Reports - Sustainable Environment and Economy
AMENDMENT
Staff Reports - Infrastructure Services
URGENCY MOTIONS
|
Procedural Motion |
Resolved that the matter of “Information and Support for Filming Activities in Byron Businesses and on Council Controlled Land” be considered urgent for the reason that filming production is potentially in breach of Council protocols and therefore the item needs to be dealt with at the meeting. (Coorey/Ndiaye) The motion was put to the vote and declared carried. Crs Hunter, Hackett, and Lyon voted against the motion. Cr Spooner was not present for the vote. |
|
Urgency No. 1 Matter of Urgency - Information and Support for Filming Activities in Byron Businesses and on Council Controlled Land
|
1. That Council: a) disseminate information to the business community to inform them of their rights with regard to filming on their premises; b) alert those who may be filming in private and or business premises that they are not to use that content for broadcast/publishing without express permission of the owner.
2. That this might take the form of media and information that might include but not be limited to: a) print advertisements in local media; b) community service announcements; c) associated collateral material that can be used to inform business owners and assist them in asserting their rights; and d) Direct enquiries to a suitable webpage / online portal via Council’s website e) adequately cover the cost of facilitating filming in the Shire.
3. That Council designate all filming related to the Byron Baes Production and the potential resulting broadcast media (the activity) as occurring under “exceptional circumstances” on the basis of: a) the production’s failure to engage with the indigenous community in respect of the impact of proposed filming on a location or community; b) the potential for harm to the environment as a result of the activity; c) the potential for harm to landmarks/buildings as a result of the activity; d) disruption to businesses, of a kind that cannot be conditioned and which is not simply short term, particularly against the background of the previous year and the impact Covid has had; e) unreasonable impacts on the day to day living of the community, both during the filming of the series and after the series concludes; f) the potential for the community to protest, thereby creating an unsafe environment which increases a risk to the community. (Coorey/Ndiaye) |
|
Procedural Motion |
Resolved that Cr Coorey be granted a one minute extension to her speech. (Lyon/Hunter) The motion was put to the vote and declared carried. Cr Spooner was not present for the vote. |
The motion (Coorey / Ndiaye) was put to the vote and declared carried.
Crs Hackett and Hunter voted against the motion.
Cr Spooner was not present for the vote.
|
Procedural Motion |
Resolved that the meeting be extended beyond 6pm for a period of up to 1 hour. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
There being no further business the meeting concluded at 6:36pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Planning Meeting on 10 June 2021.
….…………………………
Mayor Michael Lyon