Agenda of Heritage Advisory Committee Meeting

CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Code of Conduct for Councillors (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in the Code of Conduct for Councillors.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

· The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

· The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b) the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

· If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

· Just because the person is a member of, or is employed by, the Council.

· Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

· A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

· The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a) at any time during which the matter is being considered or discussed by the Council or Committee, or

(b) at any time during which the Council or Committee is voting on any question in relation to the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

· It may be appropriate that no action be taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

· Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa). Care needs to be taken when exercising this option.

· Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

· Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as of the provisions in the Code of Conduct (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1) In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b) not including the making of an order under that Act.

(2) The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5) This section extends to a meeting that is closed to the public.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 3.1

Staff Reports - Corporate and Community Services

Report No. 3.1 Delivery Program - Workshop Session

Directorate: Corporate and Community Services

Report Author: Heather Sills, Corporate Planning and Improvement Coordinator

File No: I2022/368

Summary:

The Byron Shire Community Strategic Plan 2032 is currently on public exhibition, as Council develops the associated Delivery Program and first year Operational Plan.

Council is seeking feedback from community and stakeholders into the development of the Delivery Program.

Advisory committees are asked to contribute to this process, specifically addressing the Community Objectives and Strategies related to their areas of interest and expertise.

RECOMMENDATION:

That the Heritage Advisory Committee provide input into the development of the draft Delivery Program 2022-26.

Report

The draft Community Strategic Plan (CSP) has been developed to guide long term future planning to meet the needs and aspirations of the community. This review was an opportunity for Council to consider the objectives and strategies which sit at the highest level of Council’s planning hierarchy to set the framework for the Delivery Program.

Outcomes

The review of the Community Strategic Plan is an evolution of the 2028 Community Strategic Plan. The review has led to a revised ‘vision’ and redefined the five community objectives.

Vision - Our Byron Shire is a ‘meeting place’: Where all people can come together to connect, share, grow, inspire, and create positive change.

The community objectives, while retaining the five original themes, have been refreshed to ensure continuing relevance, based on feedback from the community.

The inclusion of values-based terminology at the heading level seeks to better reflect community values and aspirations: Effective, Inclusive, Nurtured, Ethical, and Connected.

The associated strategies have also been redefined and realigned with the community objectives to more clearly articulate the intended priorities and aspirations of the community. A summary is below:

Community Objective 1: Effective Leadership – We have effective decision making and community leadership that is open and informed.

Strategies:

1.1 Enhance trust and accountability through open and transparent leadership

1.2 Engage and involve community in decision making

1.3 Ethical and efficient management of resources

1.4 Enhance organisation capability through innovative practices and regional partnerships

1.5 Empower community leadership through collaboration, capacity building, and cultivating community driven initiatives

Community Objective 2: Inclusive Community – We have an inclusive and active community where diversity is embraced, and everyone is valued.

Strategies:

2.1 Foster opportunities to express, celebrate and participate in arts and cultural activity

2.2 Enhance safety and contribute to the physical, mental, and spiritual health and wellbeing of our people

2.3 Respect Aboriginal culture, value cultural knowledge, and acknowledge history

2.4 Enrich lifelong learning and education and support services to help young people thrive

2.5 Create social impact and initiatives that address disadvantage

Community Objective 3: Nurtured Environment – We nurture and enhance our natural environment.

Strategies:

3.1 Partner to nurture and enhance our biodiversity, ecosystems, and ecology

3.2 Deliver initiatives and education programs to encourage protection of our environment

3.3 Protect the health of our coastlines, estuaries, waterways, and catchments

3.4 Support and empower our community to adapt to, and mitigate our impact on climate change

3.5 Minimise waste and encourage recycling and resource recovery practices

Community Objective 4: Ethical Growth – We manage growth and change responsibly

Strategies:

4.1 Manage responsible development through effective place and space planning

4.2 Enable housing diversity and support people experiencing housing insecurity

4.3 Promote and support our local economy

4.4 Foster sustainable visitation and the impacts of tourism on the Shire

4.5 Support a resilient community that can adapt and respond to change

Community Objective 5: Connected Infrastructure – We have connected infrastructure, transport, and facilities that are safe, accessible, and reliable.

Strategies:

5.1 Provide a safe, reliable, and accessible transport network

5.2 Connect the Shire through integrated transport services

5.3 Invest in renewable energy and emerging technologies

5.4 Provide accessible community facilities and open spaces

5.5 Provide continuous and sustainable water and sewerage management

Delivery Program and Operational Plan

Cascading out of the ten year strategies of the CSP come the four year actions in the Delivery Program. The Delivery Program outlines Council’s commitment to the community on how it will work towards the CSP strategies during its term. The annual activities in the Operational Plan detail how Council works towards the Delivery Program year by year.

The Water and Sewer Advisory Committee is asked to consider and inform the development of the Delivery Program actions that contribute to the following strategies:

Community Objective 2: Inclusive Community – We have an inclusive and active community where diversity is embraced, and everyone is valued.

Strategies:

2.1 Foster opportunities to express, celebrate and participate in arts and cultural activity

A brief workshop session will be held as part of the meeting to provide opportunities for input and discussion.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
Community Objective 5: We have community led decision making which is open and inclusive	5.2: Create a culture of trust with the community by being open, genuine and transparent	5.2.1: Provide timely, accessible and accurate information to the community	5.2.1.2	Undertake a community engagement program to review and develop Council's Integrated Planning and Reporting framework documents

Legal/Statutory/Policy Considerations

The requirements for the Community Strategic Plan are governed by Section 402 of the Local Government Act 1993.

Further requirements are outlined in sections 403-406 and in the Integrated Planning and Reporting Guidelines and Handbook.

Financial Considerations

Not applicable.

Consultation and Engagement

This discussion forms part of the community engagement program, as outlined in the Community Engagement Strategy for the Community Strategic Plan.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy

Report No. Review Constitution of Heritage Advisory Committee

Directorate: Sustainable Environment and Economy

Report Author: Chris Larkin, Manager Sustainable Development

Shannon Burt, Director Sustainable Environment and Economy

File No: I2022/359

Summary:

Attached is the Constitution for the Heritage Advisory Committee, for the Committee’s review.

RECOMMENDATION:

That the Strategic Heritage Advisory Committee recommend to Council to adopt the constitution at Attachment 1 E2021/148702

Attachments:

1 Draft Heritage Constitution 2022, E2021/148702 , page 13⇩

Report

The constitution is attached for your review. Specifically, we would like your feedback on the membership and format of future meetings.

Future meetings have been scheduled for 16 June 2022 at 4:30 and 15 September 2022 at 11:30am.

Strategic Considerations

Community Strategic Plan and Operational Plan

	CSP Objective		L2		CSP Strategy		L3		DP Action		L4		OP Activity
Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community		2.5		Encourage community appreciation of cultural vitality and diversity		2.5.1		Ensure Aboriginal and other cultural heritage management reflects legislative requirements as well as community expectations and values		2.5.1.1		Scope Aboriginal Cultural Heritage Management Project
Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community		2.5		Encourage community appreciation of cultural vitality and diversity		2.5.2		Recognise and support the heritage of Byron Shire		2.5.2.1		Coordinate the Heritage Advisory Panel
Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community		2.5		Encourage community appreciation of cultural vitality and diversity		2.5.2		Recognise and support the heritage of Byron Shire		2.5.2.2		Conduct the Local Heritage Places Grant Program

Recent Resolutions

· 22-026

Legal/Statutory/Policy Considerations

Not applicable.

Financial Considerations

Not applicable.

Consultation and Engagement

Not applicable.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 0.0

Report No. 0.0 Heritage Advisor Annual Report 2021-2022

Directorate: Sustainable Environment and Economy

Report Author: Noreen Scott, EA Sustainable Environment and Economy

File No: I2022/360

Summary:

This report provides the Heritage Advisory Panel members with a presentation from Council’s Heritage Advisor regarding the FY21/22 Heritage Advisor Annual Report.

RECOMMENDATION:

That the Heritage Advisory Panel notes the presentation from Council’s Heritage Advisor regarding the FY21/22 Heritage Advisor Annual Report (# E2022/36033).

Attachments:

1 Heritage Advisor Annual Report 2021-22, E2022/36033 , page 22 ⇩

Report

Byron Shire Council has engaged the services of Deborah Wray as a Heritage Adviser.

The role of the Heritage Adviser is to:

· provide input into development applications involving heritage items

· provide free advice to property owners on the appropriate ways to manage their heritage to protect its significance and values

· guide Council on the distribution of heritage grants to eligible applicants

· assist Council in developing and implementing a Heritage Strategy for the area.

The Heritage Advisory Service is provided free to all residents and property owners in the Byron Shire.

The Heritage Advisory Service is part funded by a grant from the NSW Heritage Office and the terms of the grant require an annual report from the Heritage Advisor on its activities and achievements to be submitted for grant acquittal each year.

A verbal presentation of the FY21/22 annual report (Attachment 1) will be provided to the Panel by Council’s Heritage Advisor at the meeting.

Financial Implications

Council was successful in receiving grant funding for the FY 21/22 and FY 22/23 for the continuation of the Heritage Advisory Service. Activities in the adopted Heritage Strategy will continue to be the focus of work for the Heritage Advisory service this year.

Heritage Strategy - Byron Shire Council (nsw.gov.au)

Statutory and Policy Compliance Implications

N/A

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 21 April 2022
Time	11.30am