Minutes
Ordinary (Planning) Meeting
Thursday, 4 November 2021
Minutes
Ordinary (Planning) Meeting
Thursday, 4 November 2021
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes
4 November 2021
The following items are listed in the order in which they were dealt with.
Report No. 13.1 PLANNING - Report of the 7 October 2021 Planning Review Committee
Report No. 13.5 24.2020.27.1 - Bangalow Development Control Plan Changes Submissions Report
Report No. 13.7 Federal Movement and Place Draft Concept Design
Report No. 13.13 Update Resolution 21-180 (3) land use definitions as they apply to rural land
Report No. 13.14 Byron Shire Local Heritage Grants Program 2021-22
Report No. 13.9 Update Resolution 20-203 Linneaus Estate
Report No. 13.10 Update Resolution 21-273 Emergency Housing
Report No. 13.8 Biodiversity Projects and Operations Update
Report No. 13.15 Update Resolution 21-244 Dogs in Public Spaces Strategy
Report No. 13.17 Tender 2021-1093 - Byron STP Biosolids Shed Roof Replacement
Urgency Motion 1. Extension to exhibition of the FUN SEPP.. 18
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 4 November 2021
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 4 November 2021 COMMENCING AT 9.08AM AND CONCLUDING AT 5.49PM
I2021/1712
PRESENT: Cr M Lyon (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter, Cr J Martin, Cr S Ndiaye (arrived at 9.20am) 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)
Chris Larkin (Manager Sustainable Development)
Ralph James (Legal Counsel)
Sharyn French (Manager Environmental and Economic Planning)James Flockton (Infrastructure Planning Coordinator) (Report 13.6)
Alex Caras (Land Use Planning Coordinator) (Report 13.16)
Josh Winter (Capital Works Engineer) (Report 13.17)
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 |
For/ |
Name |
Representing Organisation |
Submission Received in form of |
|
|
PLANNING - Report of the 7 October 2021 Planning Review Committee |
For |
Terrence Fitton |
|
Zoom |
|
|
13.2 |
PLANNING - 10.2021.16.1 - Change of Use to General Store and Restaurant at 10 Huonbrook Road, Upper Wilsons Creek |
For |
Nicole Yazdi |
|
In person |
|
Against |
Robyn Herklots |
|
Phone in |
||
|
Doris Weizenmueller |
|
Read by staff |
|||
|
13.3 |
PLANNING - Development Application 10.2021.291.1 Mixed Use Development - Shops and Serviced Apartments - 116-118 Jonson Street Byron Bay |
For |
Michael Grassi (Kate Singleton / Ingrid Richards) |
|
In person |
|
13.5 |
24.2020.27.1 - Bangalow Development Control Plan Changes Submissions Report |
For |
Ian Holmes |
Bangalow Progress Association |
In person |
|
13.6 |
PLANNING - 26.2019.10.1 Submissions Report - North Beach Byron Rezoning Planning Proposal |
For |
Jeremy Holmes/ (Kate Singleton / Rohan Hudson / Greg Britton) |
|
In person + Zoom |
|
Against |
Jan Barham |
|
Phone in |
||
|
13.9 |
Update Resolution 20-203 Linneaus Estate |
For |
Stan Ruch |
|
In person |
|
Against |
Jan Barham |
Broken Head Protection Committee |
Phone in |
||
|
13.10 |
Update Resolution 21-273 Emergency Housing |
Against |
Sama Balson / Shane Sylvanspring |
Womens Village Collective (WVC) |
Zoom |
|
13.11 |
Resolution 21-221 Multiple Occupancies and Rural Workers Cottages & Resolution 21-275 MOs and CTs - pathway for secondary dwellings and dual occupancies |
For |
Avital Sheffer |
Northern Rivers Intentional Communities |
In person |
|
|
Procedural Motion |
|
Resolved that Public Access be extended to 11.30am. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
Public Access cont.
|
Report No and Title |
For/ |
Name |
Representing Organisation |
Submission Received in form of |
Report No and Title |
|
13.13 |
Update Resolution 21-180 (3) land use definitions as they apply to rural land |
Against |
Matthew O’Reilly |
|
Zoom |
|
13.16 |
PLANNING - 26.2020.7.1 - Planning Proposal Stage 3 Ezone Implementation Program Submissions report. |
For |
Matthew O’Reilly |
CABS |
Zoom |
|
Against |
Craig Huff |
|
In person |
||
|
Te Tseng |
|
Pre-recorded video |
|||
|
Shane Traynor |
|
In person |
|||
|
Mark Howard |
|
In person |
Submissions
|
Subject |
Name |
Representing Organisation |
Submission Received in form of |
|
Protection of Byron Shires historic wildlife corridors |
Matthew O’Reilly |
CABS |
Zoom |
|
Caretaker Mode |
Duncan Dey |
|
In person |
Question No. 1 - Upzoning of land
Matthew O’Reilly, CABS, asked the following question:
Why for all other Planning Proposals that involved upzoning of land are detailed ecological, historical and other reports provided on each individual Lot of land proposed to be upzoned but in the current Stage 3 Ezone Planning Proposal no site specific ecological or historical use reports have been presented for each of the specific lots where part of the land is proposed to be up-zoned from 7a Wetlands, 7b Coastal Habitat, 7j Scientific or 7k Habitat to R2, RU1, RU2, or E3.
Surely the community and Councillors should at least be able to make an assessment of the land that staff are proposing to be up-zoned?
The Director Sustainable Environment and Economy took the question on notice.
Question No. 2 – Terrace LEC Case 2021
John Dunn had registered a question titled Terrace LEC Case 2021. The Mayor ruled the question out of order.
The meeting adjourned at 11.25am and reconvened at 12.03pm.
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 14 October 2021 be confirmed. (Martin/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
Sustainable Environment and Economy
Report No. 13.2 PLANNING - 10.2021.16.1 - Change of Use to General Store and Restaurant at 10 Huonbrook Road, Upper Wilsons Creek
Report No. 13.3 PLANNING - Development Application 10.2021.291.1 Mixed Use Development - Shops and Serviced Apartments - 116-118 Jonson Street Byron Bay
Report No. 13.6 PLANNING - 26.2019.10.1 Submissions Report - North Beach Byron Rezoning Planning Proposal
Report No. 13.8 Biodiversity Projects and Operations Update
Report No. 13.9 Update Resolution 20-203 Linneaus Estate
Report No. 13.10 Update Resolution 21-273 Emergency Housing
Report No. 13.11 Resolution 21-221 Multiple Occupancies and Rural Workers Cottages & Resolution 21-275 MOs and CTs - pathway for secondary dwellings and dual occupancies
Report No. 13.12 Update Resolution 20-727 Proposed Off Leash Dog Park at Mullumbimby Recreation Grounds
Report No. 13.15 Update Resolution 21-244 Dogs in Public Spaces Strategy
Report No. 13.16 PLANNING - 26.2020.7.1 - Planning Proposal Stage 3 E zone Implementation Program Submissions report
Infrastructure Services
Report No. 13.17 Tender 2021-1093 - Byron STP Biosolids Shed Roof Replacement
The remaining Recommendations 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. 21-477 and concluding with Resolution No. 21-482.
Staff Reports - Sustainable Environment and Economy
|
|
Report No. 13.4 24.2020.39.1 - Centennial Circuit One-way Traffic Trial - Outcomes of the trial and next steps File No: I2021/1566
|
|
1. Extends the one-way traffic trial for an additional 12 months, or until such time as a permanent solution can be implemented. 2. Considers a quarterly budget review of $17,900 to commission the design for permanent one-way traffic circulation and to fund the interim trial extension measures. 3. Continues to consider other opportunities for improving traffic circulation and flow within the Byron Arts and Industry Estate, including further linemarking and the possibility of other one-way streets. (Lyon/Hunter) |
|
|
Procedural Motion |
|
Resolved that Council change the order of business to deal with Reports 13.2, 13.3, 13.6, 13.9, 13.10, 13.11 and 13.16 next on the Agenda. (Lyon/Cameron) The motion was put to the vote and declared carried. |
Staff Reports - Sustainable Environment and Economy
|
|
Procedural Motion |
|
Resolved that this matter rest on the table. (Lyon) The motion was put to the vote and declared carried. |
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1. That Council approves the variation requested to clause 4.3 Height of Buildings in accordance with clause 4.6 ‘Exceptions to Development Standards’ of the Byron Local Environmental Plan 2014; and
2. That Council grants deferred Commencement Consent pursuant to Section 4.16 (3) of the Environmental Planning and Assessment Act 1979, to Development Application 10.2021.291.1 Mixed Use Development - Shops and Serviced Apartments - 116-118 Jonson Street Byron Bay subject to the conditions in Attachment 2 (#E2021/131318) to the report. (Lyon/Cameron)
The motion was put to the vote and declared carried. Crs Coorey, Martin, Lyon, Ndiaye, Cameron, Hackett, Spooner and Hunter voted in favour of the motion. No Councillors voted against the motion. |
|
|
Procedural Motion |
|
Resolved that Report No. 13.2 be lifted from the table. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
The meeting adjourned at 12.58pm and reconvened at 2.01pm.
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Report No. 13.6 PLANNING - 26.2019.10.1 Submissions Report - North Beach Byron Rezoning Planning Proposal File No: I2021/1415
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|
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Moved: That Council not proceed with the planning proposal to amend the LEP to rezone land at North Beach Byron for the following reasons: 1. The site is heavily flood prone 2. Inconsistent with the Belongil Flood Plain Management Plan 3. The E4 zone will not guarantee the level of environmental protection required for that area 4. The rezoning is premature given that Council’s Coastal Management Program is currently being developed 5. The subject land is not part of any residential strategy for the site 6. The area is a critical habitat for some wildlife listed as endangered and any development of the area places impacts on this habitat that cannot be managed (Ndiaye/Coorey) |
|
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Procedural Motions |
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Resolved that Cr Ndiaye be granted a two minute extension to her speech. (Lyon/Cameron) The motion was put to the vote and declared carried. |
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Resolved that Cr Hackett be granted a two minute extension to her speech. (Lyon/Cameron) The motion was put to the vote and declared carried. |
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Resolved that Cr Coorey be granted a two minute extension to her speech. (Lyon/Cameron) The motion was put to the vote and declared carried. |
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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. |
The motion (Ndiaye//Coorey) was put to the vote and declared lost.
Crs Coorey, Nidaye voted in favour of the motion.
Crs Martin, Lyon, Cameron, Hackett, Spooner and Hunter voted against the motion.
FORESHADOWED MOTION
The meeting adjourned at 3.10pm and reconvened at 3.19pm.
|
|
Procedural Motion |
|
Resolved that Cr Coorey be granted a one/two minute extension to his/her speech. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
AMENDMENT
|
1. Notes the staff update on Resolution 20-203 The Linneaus Estate - Options for proceeding with Community Title Subdivision. 2. In noting the site inspection findings (section 5 of the audit), understands that staff will do the follow up with the landowner (and do a site inspection if deemed necessary) to clarify the nature of the minor inconsistencies identified between some of the building forms on site as they appear in the various approval documentation on file. (Spooner/Hunter) |
The amendment was put to the vote and declared carried.
Crs Coorey, Ndiaye, voted against the amendment.
The amendment upon becoming the substantive motion was put to the vote and declared carried.
Crs Coorey and Ndiaye voted against the motion.
AMENDMENT
Moved that Council:
1. Notes the staff update on Resolution 21-273 Emergency Housing.
2. Not proceed with the preparation of a development application for Transitional Supported Accommodation on part of Lot 22, and instead continues to look for more appropriate, less constrained sites for this type of development.
3. Continues to work with the other member councils in the NRJO on potential housing solutions for our region.
4. Continues to work with relevant state government agencies, housing providers and local housing groups to deliver (on ground) safe, secure and location appropriate housing solutions for Byron Shire locals and key workers.
5. Continues to advocate and agitate for housing policy change and financial support from the state and commonwealth governments where opportunities arise.
(Spooner/Cameron)
The General Manager left the meeting at 3.57pm and the Director Corporate and Community Services took his chair.
|
|
Procedural Motion |
|
Resolved that Cr Ndiaye be granted a one minute extension to her speech. (Lyon/Coorey) The motion was put to the vote and declared carried. |
The amendment (Spooner/Cameron) was put to the vote and declared tied.
Crs Coorey, Martin, Ndiaye and Lyon voted against the amendment.
The Mayor used his casting vote against the amendment and declared the amendment lost.
The motion (Lyon/Ndiaye) was put to the vote and declared carried.
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|
Report No. 13.11 Resolution 21-221 Multiple Occupancies and Rural Workers Cottages & Resolution 21-275 MOs and CTs - pathway for secondary dwellings and dual occupancies File No: I2021/1621
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|
1. Notes the staff update on Resolution 21-221 Multiple Occupancies and Rural Workers Cottages & Resolution 21-275 MOs and CTs - pathway for secondary dwellings and dual occupancies. 2. Requests staff to prepare and submit a planning proposal to the Department of Planning Industry and Environment for Gateway Determination to amend clauses 4.1B and 4.2B Byron Local Environmental Plan 2014 to: i. remove the restriction of one dwelling per neighbourhood lot and make any other necessary changes to permit dual occupancy and secondary dwellings on existing Multiple Occupancy and rural Community Title development; and ii. update where relevant the assessment criteria for Multiple Occupancy and rural Community Title development. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
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Report No. 13.16 PLANNING - 26.2020.7.1 - Planning Proposal Stage 3 E zone Implementation Program Submissions report File No: I2021/1662
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|
1. That Council in relation to Stage 3 E Zones planning proposal adopts: a) the proposed LEP 2014 map changes for properties identified in Attachment 1; and b) the proposed LEP 2014 zones (environmental and non-environmental) and consequential mapping for the ‘not agreed’ properties contained in Attachment 2 2. That Council requests that the NSW Department of Planning, Industry and Environment, as the plan-making authority in this instance, make the final LEP for notification on the NSW Government legislation website. 3. That Council notes, post consideration of the submissions and endorsement of the final planning proposal, landowners whose land will be subject to an E zone are to be notified in writing of Council's decision and advised that they have 28 days to notify the Department of Planning and Environment to request a review of the proposed zoning of their property. (Coorey/Lyon) The motion was put to the vote and declared carried. |
There was no mayoral minute.
There were no petitions.
There were no submissions or grants.
1. Cape Byron Marine Park
Cr Cameron advised that he has been the Councillor representative on the Cape Byron Marine Park Committee, with alternate Cr Coorey. The Committee has been developing a new management plan which is about to go out on public exhibition until February 2022. He is taking this time to alert the Councillors and community that it’s out there now, or in the very near future.
Staff Reports - Sustainable Environment and Economy
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Report No. 13.12 Update Resolution 20-727 Proposed Off Leash Dog Park at Mullumbimby Recreation Grounds File No: I2021/1639
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|
1. Notes the staff update on Resolution 20-727 Opportunity for activation and increased passive surveillance at the Mullumbimby Skate Bowl and continues negotiations to further the pump track, upgrade the cricket pitch, the community centre project and the netball facilities upgrade.
2. Initiate discussions with The Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) to gauge their potential support for these projects.
3. Not progress the concept plan prepared for activating the sports field adjacent to the Mullumbimby Skate Bowl with an Off Leash Dog Park at this time. 4. Look for an alternate site for an Off Leash Dog Park in Mullumbimby that is on Council owned or other land, failing that, include this in the discussions outlined in 2 above. (Martin/Lyon) |
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Procedural Motion |
|
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. |
The motion (Martin/Lyon) was put to the vote and declared carried.
The meeting adjourned at 5.15pm and reconvened at 5.21pm.
The Mayor left the meeting at 5.15pm. The Deputy Mayor took the Chair for the remainder of the meeting.
The General Manager returned to the meeting at 5.21pm.
Staff Reports - Infrastructure Services
The Deputy Mayor determined the matter to be of great urgency.
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Procedural Motion |
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Resolved that Cr Coorey be granted a two minute extension to her speech. (Ndiaye/Hackett) The motion was put to the vote and declared carried. |
The motion (Coorey/Cameron) was put to the vote and declared carried.
There being no further business the meeting concluded at 5.49pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 24 February 2022.
….…………………………
Mayor Michael Lyon