Minutes
Ordinary (Planning) Meeting
Thursday, 16 September 2021
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes
16 September 2021
The following items are listed in the order in which they were dealt with.
Report No. 14.1 ...... Report of the Local Traffic Committee Meeting held on 17 August 2021
Mayoral Minute No. 8.1.. Infrastructure Contributions Reforms
Report No. 13.6 ...... Mullumbimby Heritage Park Masterplan
Urgency Motion No. 1.... COVID-19 Vaccinations................. 17
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 16 September 2021
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 16 September 2021 COMMENCING AT 11.05AM AND CONCLUDING AT 3.42PM
I2021/1481
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)
Shannon Burt (Director Sustainable Environment and Economy)
Ralph James (Legal Counsel)
Chris Larkin (Manager Sustainable Development)
Ivan Holland (Planner) (Item 13.4)
Chris Soulsby (Development Planning Officer s64 and s94) (Item 8.1)
Alex Caras (Land Use Planning Coordinator) (Item 13.2)
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
For/Against (#) |
Name |
Representing Community Organisation |
Joining the meeting via |
|||
13.1 |
DA 10.2020.370.1 - Change of Use of Existing Building from Residential Dwelling to Commercial Offices at 68 Byron St Bangalow |
For |
1 |
Ian Holmes |
Bangalow Progress Association |
Via Zoom |
13.2
|
PLANNING - 26.2019.1.1 - Submissions report: Planning Proposal to permit Community Title subdivision and dwellings at Lot 38 DP 1059938, 31 Alidenes Road, Wilsons Creek |
Against |
2 |
Obi McDonald-Saint |
Alidenes Wilsons Creek Resident Association |
In person |
James Mark White |
|
In person |
||||
13.4 |
PLANNING - S4.55 application to modify consent 10.2014.742.1 to include 8 additional motel units, remove the ground and third floor swimming pools, add of roof- top swimming pool and recreation area at 33 Lawson Street Byron Bay |
For |
1 |
Kasi Chong |
|
In Person |
Submissions
Subject |
Name |
Representing Community Organisation |
Joining the meeting via |
Vaccination and public health |
Asren Pugh |
In person |
The meeting adjourned at 11.42am and reconvened at 12.13pm.
There were no apologies.
Cr Spooner requested a leave of absence for the Ordinary Meeting on 23 September 2021.
|
Procedural Motion |
Resolved that Cr Spooner be granted a leave of absence for the Ordinary Meeting on 23 September 2021. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
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 5 August 2021 meetings be confirmed. (Lyon/Martin) 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 - Development Application 10.2020.370.1
Change of Use of Existing Building from Residential (Dwelling House) to Offices
including Alterations and Additions to Existing Building and Provision of Car
Parking at 68 Byron Street BANGALOW
Report No. 13.2 PLANNING - 26.2019.1.1 - Submissions report: Planning Proposal to permit Community Title subdivision and dwellings at Lot 38 DP 1059938, 31 Alidenes Road, Wilsons Creek
Report No. 13.4 PLANNING - S4.55 application to modify consent 10.2014.742.1 to include 8 additional motel units, remove the ground and third floor swimming pools, add of roof-top swimming pool and recreation area at 33 Lawson Street Byron Bay
Infrastructure Services
Report No. 13.6 Mullumbimby Heritage Park Masterplan
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Lyon and seconded by Cr Ndiaye. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 21-356 and concluding with Resolution No. 21-357.
Staff Reports - Sustainable Environment and Economy
committee Reports - Infrastructure Services
Resolved that Council adopt the following Committee Recommendation(s): Report No. 6.2 Car share - request from provider Popcar for four additional designated parking bays. File No: I2021/726
Committee Recommendation 6.2.1 1. That LTC support the car share service ‘Popcar’, to lease four additional designated parking bays in Byron Bay at the following locations: a) 24 Shirley Street b) 122 Jonson Street c) 39 Lawson Street d) 1 Massinger Street 2. That Council includes installation of regulatory signage in accordance with TfNSW Guidance for on street fixed space car share parking. (Lyon/Ndiaye) |
|
Procedural Motion |
Resolved that Council change the order of business to deal with Report 13.4 next on the Agenda. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
Staff Reports - Sustainable Environment and Economy
|
Procedural Motion |
Resolved that Cr Spooner be granted a two minute extension to his speech. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
AMENDMENT
Resolved that pursuant to Section 4.55 of the Environmental Planning & Assessment Act 1979, that Application No. 10.2014.742.2, to Modify Consent to include Eight (8) Additional Motel Rooms, Remove the Ground and Third Floor Swimming Pools, Add a Roof Top Swimming Pool and Recreation Area, be approved by modifying Development consent number 10.2014.742.1 as indicated in Attachment 2 (E2021/106706) subject to the following amendments: 1. Development is to be in accordance with approved plans
The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent. The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken. 67. Management of the roof top recreation area The roof top recreation area must be managed to avoid unreasonable interference with the amenity of the neighbourhood. Such management must include, but not be limited to: a. Hours of use to be restricted to between 7am and 10pm b. Use of the area only by guests staying at the motel and motel staff; c. No amplified music or entertainment; d. All lighting to be designed, installed and operated to prevent light spill beyond the boundary of the roof top area; and e. Maintenance of a complaints register. In relation to sub e., all complaints received about the operation of the roof top area must be recorded in the complaints register including date, time, nature of the complaint and response by the motel operator. The complaint register must be provided to Council on request. 70. Management of roof top pool The roof top pool is to be available only to guests staying at the motel and motel staff. The roof top pool is not open to the public at any time. (Spooner/Hackett) |
|
Procedural MotionS |
Resolved that Cr Ndiaye be granted a two minute extension to her speech. (Lyon/Coorey) The motion was put to the vote and declared carried. |
Resolved that Cr Cameron be granted a two minute extension to his speech. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
Resolved that Cr Lyon be granted a one/two minute extension to his speech. (Hunter/Ndiaye) The motion was put to the vote and declared carried. |
The amendment was put to the vote and declared carried.
Crs Martin, Lyon, Hackett, Spooner and Hunter voted in favour of the amendment.
Crs Coorey, Ndiaye and Cameron voted against the amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Crs Martin, Lyon, Hackett, Spooner and Hunter voted in favour of the amendment.
Crs Coorey, Ndiaye and Cameron voted against the motion.
The meeting adjourned at 1.22pm and reconvened at 2.13pm.
mayoral minute
|
Mayoral Minute No. 8.1 - Infrastructure Contributions Reforms
|
1. That Council calls on the NSW Government to withdraw the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 (the Bill) from the NSW Parliament. 2. That Council calls on the NSW Government to undertake further consultation with the local government sector on any proposed reforms to the infrastructure contributions system. (Lyon) The motion was put to the vote and declared carried. |
There were no petitions.
There were no submissions or grants.
There were no delegates’ reports.
Staff Reports - Sustainable Environment and Economy
|
Report No. 13.1 PLANNING
- Development Application 10.2020.370.1 File No: I2021/1228
|
Resolved that pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2020.370.1 for Change of Use of Existing Building from Residential (Dwelling House) to Offices including Alterations and Additions to Existing Building and Provision of Car Parking at 68 Byron Street, Bangalow be approved subject to the attached Conditions of Consent (Attachment 4 #E2021/103475). (Cameron/Lyon) The motion was put to the vote and
declared carried. |
|
Report No. 13.2 PLANNING - 26.2019.1.1 - Submissions report: Planning Proposal to permit Community Title subdivision and dwellings at Lot 38 DP 1059938, 31 Alidenes Road, Wilsons Creek File No: I2021/1296
|
|
Moved that Council: 1. amends the ‘Executive Summary’ in Appendix F – Flooding Assessment and Mitigation Report of the planning proposal to clarify that “the site is flood prone and that no dwellings can be located on flood affected land or within identified riparian buffers”. 2. Refer the Traffic Impact Assessment report for this planning proposal back to the proponents to address the following matters. - Number count of pedestrian and cycle activity as part of Road Safety Audit and Traffic Impact Assessment. - Absence of a traffic and movement assessment for the proposal that considers cyclists and pedestrians. - Failure to acknowledge relevant accident and crash data including a recent fatality involving a cyclist on Wilson’s Creek Road. - No action to ameliorate a risk to school children alighting from school bus as identified in the Road Safety Audit. - Lack of pedestrian and cycling facilities to support the proposal. - More thorough assessment of movement conditions on Alidenes Road. 3. Receives a further report on the revisions and updates made by the proponent as required in 1 and 2. (Cameron/Coorey) |
AMENDMENT
1. amends the ‘Executive Summary’ in Appendix F – Flooding Assessment and Mitigation Report of the planning proposal to clarify that “the site is flood prone and that no dwellings can be located on flood affected land or within identified riparian buffers”; 2. forwards the planning proposal to amend Byron LEP 2014, as contained in Attachment 1 (E2021/47677) to NSW Parliamentary Counsel’s Office (PCO) requesting that a draft LEP instrument be prepared; 3. pending receipt of PCO opinion that the plan can be made, forwards the plan to the NSW Department of Planning, Industry and Environment for notification on the NSW Government legislation website. 4. advises the proponents that the following matters related to the Road Safety Audit and Traffic Impact Assessment will need to be addressed as part of any future development application relating to this site:
a) Number count of pedestrian and cycle activity as part of Road Safety Audit and Traffic Impact Assessment. b) Absence of a traffic and movement assessment for the proposal that considers cyclists and pedestrians. c) Failure to acknowledge relevant accident and crash data including a recent fatality involving a cyclist on Wilson’s Creek Road. d) No action to ameliorate a risk to school children alighting from school bus as identified in the Road Safety Audit. e) Lack of pedestrian and cycling facilities to support the proposal. f) More thorough assessment of movement conditions on Alidenes Road. (Lyon/Ndiaye) The amendment was put to the vote and declared carried. The amendment upon becoming the substantive motion was
put to the vote and declared carried. |
Staff Reports - Infrastructure Services
|
Report No. 13.6 Mullumbimby Heritage Park Masterplan File No: I2021/1423
|
1. That Council allocates $20,000 from the existing $87,300 budget allocated to Heritage Park Infrastructure Works to fund development of a Masterplan for Mullumbimby Heritage Park. 2. That Council note Resolution 21-293. 3. That the Masterplan is to ensure that pedestrian and cycle links between Palm Park, Heritage Park and across Tincogan Street are improved to a safe accessible standard for all users. (Cameron/Ndiaye) The motion was put to the vote and declared carried. |
urgency motion
|
Procedural Motion |
Resolved that the matter of COVID-19 vaccinations be discussed as a matter of urgency, the urgency being the announcement by the NSW Premier of the road map and the low vaccination rates in the Byron Shire. (Spooner/Coorey) The Mayor ruled the matter to be of great urgency.
The motion was put to the vote and declared carried. |
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No. 1. Matter of Urgency - COVID-19 Vaccinations
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1. Notes the following:
i) the shire’s current low COVID–19 vaccination rate leaves our community, our businesses, and our most vulnerable residents at significant risk if an outbreak occurs ii) when intra and interstate travel is opened the Byron Shire is at risk of becoming a high-risk area iii) that there have been supply issues of vaccines locally, particularly of the Pfizer vaccine, and this has made it difficult for locals to get vaccinated iv) that the closest mass vaccinated centres are in Ballina, Lismore and Tweed Hospitals and have few available appointments leaving some residents to book in Casino to get an appointment.
2. Continues to actively support NSW Public Health campaigns to encourage our community to get vaccinated.
3. Makes public statements supporting the campaign to get vaccinated and encourages our community to get vaccinated through media releases, social media, and other channels.
4. Requests that the state government open 'pop-up' vaccinations clinics in the Byron Shire community to enable easy and swift access to COVID-19 vaccination.
5. That Council makes available suitable council buildings such as the Cavanbah Centre and the Mullumbimby Memorial Hall for mass vaccination or pop-up vaccination centres. (Spooner/Hackett) |
|
Procedural Motion |
Resolved that Cr Spooner be granted a two minute extension to his speech. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
The motion (Spooner/Hackett) was put to the vote and
declared carried.
Cr Martin voted against the motion.
There being no further business the meeting concluded at 3.42pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 14 October 2021.
….…………………………
Mayor Michael Lyon