Minutes
Ordinary (Planning) Meeting
Thursday, 10 March 2022
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes
10 March 2022
The following items are listed in the order in which they were dealt with.
Report No. 13.1 State government reform: Agritourism option to nominate additional clauses in LEP
Report No. 13.2 PLANNING - Report of the Planning Review Committee held 10 February 2021
Report No. 13.3 PLANNING - DA 10.2021.450.1 - Redevelopment of Bangalow Public School
Report No. 14.1 Report of the Local Traffic Committee Meeting held on 15 February 2022
Notice of Motion No. 9.1 Councillor Representative on Byron Bay Community Association
Notice of Motion No. 9.2 Rural Neighbourhood Amenity
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 10 March 2022
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 10 March 2022 COMMENCING AT 11.07AM AND CONCLUDING AT 1.30PM
I2022/205
PRESENT: Cr M Lyon (Mayor), Cr S Balson, Cr C Coorey, Cr D Dey, Cr A Hunter, Cr S Ndiaye, Cr A Pugh, Cr M Swivel and Cr P Westheimer
Staff: Mark Arnold (General Manager)
Esmeralda Davis (Acting Director Corporate and Community Services)
Shannon Burt (Director Sustainable Environment and Economy)
Chris Larkin (Manager Sustainable Development)
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 |
||||
13.3 |
PLANNING - DA 10.2021.450.1 - Redevelopment of Bangalow Public School |
Ian Holmes |
For |
Bangalow Progress Association |
Zoom |
|||
13.4 |
Dwelling House, Swimming Pool and Change of Use of Existing Dwelling into Central Facilities Building Including Accommodation Bedrooms for Existing Rural Tourist Facility |
Lisa Ryan |
For |
Animal Liberation |
Zoom |
|||
14.1 |
Report of the Local Traffic Committee Meeting held on 15 February 2022 |
Basil Cameron |
Against |
Transport Justice |
Zoom |
|||
Submissions
Subject |
Name |
Representing Organisation |
Submission Received in form of |
Equitable and safe movement access for pedestrians, cyclists, school children and public transport |
Basil Cameron |
Transport Justice |
Zoom |
Compliance |
John Anderson |
|
Phone |
Question No. 1 Code of Meeting Practice
John Anderson asked the following question:
In a question put to the 24 February meeting I sought information about the origins of the changes proposed in the Draft Code of Meeting Practice. Council (i.e. Ralph James) replied that the said changes were developed by staff from the Model Meeting Code and briefed to the Executive Team on the 1 December 2021. As the staff have declined to give me access to the agenda/discussion lists for the Strategic Planning Workshop (so-called) of late 2021, I have no choice but to ask for an unambiguous assurance that the proposed changes were not mooted, discussed or workshop in that forum (i.e. the SPW) prior to the issuing of the draft.
Legal Counsel provided the following response:
The proposed changes to Council’s Code of Meeting Practice were not mooted, discussed or workshopped in a Strategic Planning Workshop prior to the Draft Code of Meeting Practice being reported to Council on 3 February 2022.
On 3 February 2022 Council resolved to defer the matter until after a workshop had been held. That workshop took place on 10 February 2022.
Arising out of that workshop certain amendments to the Code of Meeting Practice were discussed and a general consensus was reached in respect of matters to be included in the Code of Meeting Practice to be further reported to Council.
It is presently proposed to report the draft Code of Meeting Practice to Council’s 24 March 2022 Ordinary meeting.
The meeting adjourned at 11.31am and reconvened at 11.50am.
There were no apologies.
There were no requests for leave of absence
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Hunter declared a special disclosure of pecuniary interest under Clause 4.25 of the Code of Conduct for Councillors in Report 13.1. The nature of the interest being that he has interest in the land.
Cr Pugh declared a non-pecuniary interest in Report 13.3. The nature of the interest being that his children attend Bangalow Public School. Cr Pugh elected to remain in the meeting and will participate in discussion and the vote.
Tabling of Pecuniary Interest Returns
In accordance with clause 4.19 of the Code of Conduct for Staff a First Return of Interests is tabled for Maddy McFadden, Development Engineer.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the Ordinary (Planning) Meeting held 4 November 2021 be confirmed. (Hunter/Lyon) 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. 13.3 PLANNING - DA 10.2021.450.1 - Redevelopment of Bangalow Public School
Report No.
13.4 PLANNING - DA10.2021.5.1 - Dwelling House,
Swimming Pool and Change of Use of Existing Dwelling into Central Facilities
Building Including Accommodation Bedrooms for Existing Rural Tourist
Facility.
Reports of Committees
Infrastructure Services
Report No. 14.1 Report of the Local Traffic Committee Meeting held on 15 February 2022
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Hunter and seconded by Cr Lyon. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 22-065 and concluding with Resolution No. 22-066.
Staff Reports - Sustainable Environment and Economy
|
Procedural Motion
|
Resolved that Council change the order of business to deal with Reports 13.3, 13.4 and 14.1 next on the Agenda. (Hunter/Lyon) The motion was put to the vote and declared carried. |
Staff Reports - Sustainable Environment and Economy
|
Report No. 13.3 PLANNING - DA 10.2021.450.1 - Redevelopment of Bangalow Public School File No: I2022/138
|
Resolved that pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2021.450.1 for redevelopment of Bangalow Public School, removal of eight demountable and permanent classroom buildings, alterations and additions to the historic classroom building facing Byron Street, construction of a new two storey classroom building containing eight home-base rooms plus tree removal, landscaping, and ancillary works, be granted consent subject to the conditions of approval shown at Attachment 1 (E2022/19524) and the following notes to be included at the end of the consent:
Notes:
Replacement of aluminium windows on Block A Consideration shall be given to replacing the aluminium windows on the western annexe of Block A with timber sash windows or similar that are like the historic windows used throughout the building as part of the renovation of the building.
Toilets Consideration shall be given to the provision of a unisex/non-binary toilet for students as part of the redevelopment of the school. Traffic and Safety Consideration shall be given to collaborating with Council on traffic and safety around the school that is generated by school activities. (Ndiaye/Lyon) The motion was put to the vote and declared carried. Crs Lyon, Balson, Coorey, Dey, Hunter, Ndiaye, Pugh, Swivel and Westheimer voted in favour of the motion. No Councillors voted against the motion. |
|
Procedural Motion |
Resolved that Cr Coorey be granted a two minute extension to her speech. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
Reports of Committees - Infrastructure Services
There was no mayoral minute.
There were no petitions.
There were no submissions and grants.
Councillors and the General Manager provided comments and updates on the flood event.
Cr Coorey left the meeting at 1.07pm and did not return.
There being no further business the meeting concluded at 1.30pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary (Planning) Meeting on 14 April 2022.
….…………………………
Mayor Michael Lyon