Minutes
Ordinary (Planning) Meeting
Thursday, 10 June 2021
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes
10 June 2021
The following items are listed in the order in which they were dealt with.
Report No. 13.2 Water extractive industries
Report No. 13.7 Byron LEP 2014 Rural Subdivision Provisions
Report No. 13.1 PLANNING - Housekeeping planning proposal exhibition outcomes 26.2020.6.1
Report No. 13.12 Place Planning Collective - Additional Community Members
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 10 June 2021
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 10 June 2021 COMMENCING AT 9:08AM AND CONCLUDING AT 12:44PM
I2021/958
PRESENT: Cr M Lyon (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter, Cr J Martin, Cr S Ndiaye and Cr P Spooner
Staff: Mark Arnold (General Manager)
Vanessa Adams (Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
Chris Larkin (Acting Director Sustainable Environment and Economy)
Ralph James (Legal Counsel)
Steve Daniels (Planner) – item 13.4
Rob van Iersel (Place Activation Coordinator) – item 8.1
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 |
Representing Organisation |
Submission Received in form of |
|
13.1 |
PLANNING - Housekeeping planning proposal exhibition outcomes 26.2020.6.1 |
For |
Matthew O'Reilly |
CABS |
In person |
Against |
Chris Pratt |
|
In person |
||
Michael M Murray |
Resilient Byron |
In person |
|||
13.4 |
PLANNING - 26.2021.1.1 Planning Proposal to permit Community Title & R5 Large Lot Residential Development - 53 McAuleys Lane, Myocum |
For |
Matthew O'Reilly |
|
In person |
13.5* |
PLANNING - 10.2020.242.1 - Rural Land Sharing Community (Multiple Occupancy) consisting of Twelve (12) Dwelling Sites, Associated Infrastructure, Land Management and Environmental Enhancement at 84 Blindmouth Road Main Arm |
For |
Luke Houghton |
|
In person |
Against |
Duncan Dey |
Main Arm Rural Residents Association |
In person |
||
Silvana Smith |
|
In person |
|||
13.8 |
PLANNING - S4.56 to Modify Condition 1 to reference the amended Site Plan and Condition 3 to require instead Row Houses 1, 2, 4 and Studio 4 to be Affordable Housing at 23 Lismore Road Bangalow |
For |
Ian Holmes |
Bangalow Progress Association |
In person |
*Cr Lyon declared an interest in item 13.5 and left the Chamber at 9:40am and returned at 10:12am. The Deputy Mayor took the Chair during this period.
Submissions
Subject |
Name |
Representing Organisation |
Submission Received in form of |
Expanding impact of rural tourism development |
Matthew O'Reilly |
CABS |
In person |
Question No. 1 – Cost/benefit analysis of Bioenergy Plant
David Dixon asked the following question:
The Acting Director of Infrastructure Services has confirmed that an economic cost/benefit analysis has been done for the proposed $15-20 million dollar bioenergy plant but has not been released publicly. Will this cost/benefit analysis be released when a DA is put on exhibition so ratepayers can assess if this expensive project is good value for money?
The Director Infrastructure Services provided the following response:
The project is currently subject to grant applications and because of the commercial in-confidence terms of these processes, it is Council’s preference to release further details of the cost benefit analysis following the outcome of that process. In terms of the DA process the cost/benefit analysis is not a planning consideration and due to the size of the project it would be determined by the Joint Regional Planning Panel.
Question No. 2 - Multiple Occupancy and Community Title Dwelling Entitlements
Matthew O’Reilly (CABS) asked the following question:
Can existing authorised MOs and CTs approved under the Byron LEP 1988 and the Rural Settlement Strategy 1998 apply for NEW DA approval for additional dwelling entitlements under the current provisions of the Byron LEP 2014 and DCP 2014 which are more permissive than the previous rules given that all those previous MOs and CTs are not included in the current Byron LEP CTMO Map?
The Acting Director Sustainable Environment and Economy took the question on notice.
Question No. 3 - Code of Meeting Practice – Question Rules
John Anderson asked the following question:
Given that in May you “disallowed” a question of mine that I regarded as entirely consistent with the rules as I then understood them, could you please give some indication of the new regime of criteria which you apply so that I may adapt?
The Mayor provided the following response:
There is no new regime of criteria. The simple matter of that was that the question was inappropriate, it had inappropriate content that had nothing to do with Council business. So in terms of indication of how you may adapt I would suggest asking appropriate questions.
The meeting adjourned at 10:24am and reconvened at 10:54am.
Cr Spooner 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
Cr Lyon declared a significant non-pecuniary interest in Report 13.5. The nature of the interest being that he is a neighbour / friend of the proponent, who donated to the Greens Federal campaign when Cr Lyon was the candidate for Richmond. Cr Lyon elected to leave the Chamber and not participate in discussion and the vote.
Cr Martin declared a not significant non-pecuniary interest in Report 13.5. The nature of the interest being that she was a member of the Greens when a donation was made to the Federal campaign by the developer. She received no personal benefit. Cr Martin elected to remain in the Chamber and participate in discussion and the vote.
Cr Ndiaye declared a not significant non-pecuniary interest in Report 13.5. The nature of the interest being that the proponent made a donation to Michael Lyon’s campaign for the Federal seat of Richmond a number of years ago. Cr Ndiaye does not know the man and has not met him and was made aware of the donation during the meeting. Cr Ndiaye elected to remain in the Chamber and 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 (Planning) Meeting held 13 May 2021 be confirmed. (Coorey/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 PLANNING - Housekeeping planning proposal exhibition outcomes 26.2020.6.1
Report No. 13.4 PLANNING - 26.2021.1.1 Planning Proposal to permit Community Title & R5 Large Lot Residential Development - 53 McAuleys Lane, Myocum
Report No. 13.5 PLANNING - 10.2020.242.1 - Rural Land Sharing Community (Multiple Occupancy) consisting of Twelve (12) Dwelling Sites, Associated Infrastructure, Land Management and Environmental Enhancement at 84 Blindmouth Road Main Arm
Report No. 13.12 Place Planning Collective - Additional Community Members
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Lyon and seconded by Cr Cameron. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 21-171 and concluding with Resolution No. 21-178.
Staff Reports - Sustainable Environment and Economy
|
Report No. 13.7 Byron LEP 2014 Rural Subdivision Provisions File No: I2021/783
|
Resolved that Council receive a report on any proposed amendments to clause 4.1C, 4.1F and similar rural subdivision clauses in LEP 2014, as part of a future Council initiated housekeeping planning proposal once the implications of the proposed State wide rural planning reforms are known. (Lyon/Cameron) |
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 13.1, 13.4, and 13.5 next on the Agenda. (Lyon/Ndiaye) The motion was put to the vote and declared carried. Cr Spooner was not present for the vote. |
Cr Spooner returned to the meeting at 11:25am.
Cr Lyon returned at 11:52am and resumed the Chair.
|
Mayoral Minute No. 8.1 Relaxation of restrictions on the sale and consumption of alcohol - Dening Park Byron Bay File No: I2021/990
|
1. That any restrictions affecting the sale and consumption of alcohol in that part of Dening Park Byron Bay highlighted in red in the following aerial be suspended for the duration of the Byron Music Festival on 19 June 2021. 2. That the Police and any other relevant authorities be notified of Council's resolution. 3. That Council make clear that this event in this location being free of alcohol restrictions is a one-off and in no way to be relied upon as a precedent. (Lyon) The motion was put to the vote and declared carried. Crs Spooner and Hackett voted against the motion. |
Notices of Motion
There were no notices of motion.
There were no petitions.
There were no submissions and grants.
1. Federal Masterplan Group
Cr Cameron provided the following delegates’ report:
The Federal Masterplan Group has been steaming ahead and held a public meeting last night for residents. The purpose was to have a workshop and in effect to bring together and present the data that has been collected by an incredible group of people doing a lot of work. They presented the survey results to the community and used that for a visioning process.
50-60 residents came out, on a night when apparently there was something else big happening. There was a real buzz in the room, and a real excitement - it was a really great night.
There is definitely some magic happening out there at Federal and it’s really good news that our commitment to hand over to the community is showing such great results. This is community empowerment on steroids. It would be remiss of me if I didn’t say right now that there’s an incredible group of people who are putting in an incredible effort to make this happen and they need to be thanked, and will be thanked I’m sure, in the future.
I’d also like to acknowledge the participation of staff who came out - Rob, Isabelle, and Andrew - thank you very much for your presence last night. I know it was greatly appreciated and from what I can see there is a great relationship evolving between staff and community here and that’s exactly what we want and exactly how we’ll get the best results.
|
Procedural MotionS |
1. That pursuant to Section 10A(2)(a) refer to relevant part of Act below) of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the following report, namely Place Planning Collective - Additional Community Members.
2. That the reasons for closing the meeting to the public to consider this item be that it contains personnel matters concerning particular individuals (other than councillors)
3. That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest. (Martin/Lyon)
The motion was put to the vote and declared carried. |
Resolved that Council move into Committee to allow for free debate. (Martin/Lyon) The motion was put to the vote and declared carried. |
Resolved that Council move out of Committee and resume the Ordinary Meeting. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
Resolved that the meeting move out of confidential session. (Lyon/Ndiaye) The motion was put to the vote and declared carried.
|
|
Report No. 13.12 Place Planning Collective - Additional Community Members File No: I2021/806
|
1. Nominates the following two representatives from the expressions of interest contained in Attachment 2 (E2021/69485) to be part of the Place Planning Collective: Lauren Julian for Bangalow, Ben Wallace and Bronwyn Bancroft for the Byron Arts and Industry Estate. 2. Endorses the update to the Place Planning Collective Charter as detailed in the report. 3. Writes to those people not selected thanking them for their Expression of Interest. (Martin/Lyon) The motion was put to the vote and declared carried. |