Agenda of Housing and Affordability 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.

OATH AND AFFIRMATION FOR COUNCILLORS

Councillors are reminded of the oath of office or affirmation of office made at or before their first meeting of the council in accordance with Clause 233A of the Local Government Act 1993. This includes undertaking the duties of the office of councillor in the best interests of the people of Byron Shire and the Byron Shire Council and faithfully and impartially carrying out the functions, powers, authorities and discretions vested under the Act or any other Act to the best of one’s ability and judgment.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 3.1

Staff Reports - Sustainable Environment and Economy

Report No. 3.1 Review Constitution of Housing and Affordability Advisory Committee

Directorate: Sustainable Environment and Economy

Report Author: Shannon Burt, Director Sustainable Environment and Economy

File No: I2022/936

Summary:

Attached is the Constitution for the Housing and Affordability Advisory Committee, for the Committee’s review.

RECOMMENDATION:

That Housing and Affordability Advisory Committee recommends to Council to adopt the draft constitution at Attachment 1 #E2022/3414

Attachments:

1 DRAFT Housing and Affordability Advisory Committee Constitution 2022, E2022/3414 , page 8⇩

Report

The constitution is attached for review. Specifically, feedback is sought on the membership and format of future meetings.

A future meeting has been scheduled for 17 November 2022.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective		L2	CSP Strategy		L3	DP Action			L4	OP Activity
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.2: Engage and involve community in decision making			1.2.4: Advisory Committees - Coordinate advisory committees to inform decision making on their areas of expertise			1.2.4.1	Coordinate and support Advisory Committees to assist with effective Council decision making

Recent Resolutions

· 22-042

Legal/Statutory/Policy Considerations

Not applicable.

Financial Considerations

Not applicable.

Consultation and Engagement

Not applicable.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 3.2

Report No. 3.2 Presentation by Mike Myers

Directorate: Sustainable Environment and Economy

Report Author: Shannon Burt, Director Sustainable Environment and Economy

File No: I2022/915

Summary:

Mike Myers is the Managing Director of National Affordable Housing. He will be presenting on the following.

· Demonstrating a major mixed tenure/mixed income project with some similarities to the Stawell Project in Victoria.

· Major project readiness to directly access new Commonwealth Funding for Social, Affordable and Shared Equity Housing by mid-2023.

· Providing a focal point to promote ready access to Shared Equity at Commonwealth & State level.

· Keeping the urgency in the minds-eye of the community through things like D.A in a Day.

· Reference to a local government toolkit for background.

· Other opportunities.

Mike has 40 years’ experience in senior executive roles in social and affordable housing including direct housing provision, policy development and legal advisory services in the UK and in Australia from 1996. Mike is the Founder and Managing Director of National Affordable Housing, one of Australia’s leaders in the provision of affordable housing, with 4,000 homes delivered and $1.3 billion (AUD) in private investment attracted.

Mike is a Director of BuyAssist Australia, a NAH subsidiary, which provides Shared Equity Home Ownership in Victoria and Queensland, and Affordable Rentals Victoria, a JV SPV with CEHL, which has delivered $60m new-build portfolio and NAHVictoria which has recently secured significant funding through the Victorian Social Housing Growth Fund.

Currently, the group has around 900 social and affordable rental homes approved or shortlisted for delivery, in addition to around 130 shared equity homes.

NAH’s financing partnerships include Treasury Corporation Victoria, The National Australia Bank, a Super Fund and 3 Credit Unions.

Its delivery partnerships include 3 Tier 1 Developers, a major real estate network and 4 Community Housing Providers.

Further to the presentation to the Committee members, please find links to information below:

1. Attached is an example of an environmentally responsive, integrated housing development in Victoria, based on Council donated land secured under a S173 Agreement [long term outcomes]

2. This link provides the Committee with a promotional initiative of DA in a day - NSW: https://aej.com.au/solutions/affordable-housing-designed-in-a-day/

3. This link provides the Committee with Access to our BuyAssist Shared Equity site & video - Homebuyers - BuyAssist Australia

4. This link provides the Committee with Access to the Municipal Association of Victoria and CHIA Guides for Affordable Housing Partnerships with Councils - Developing Affordable Housing - CHIA (chiavic.com.au)

RECOMMENDATION:

That the Housing and Affordability Advisory Committee notes the report and presentation provided by Mike Myers.

Attachments:

1 Confidential - Passive Place Argyle Board Background Pape, E2022/75443

Strategic Considerations

Community Strategic Plan and Operational Plan

Financial Considerations

None relevant to this report.

Consultation and Engagement

None relevant to this report.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 3.3

Report No. 3.3 Byron Shire Housing Forum

Directorate: Sustainable Environment and Economy

Report Author: Shannon Burt, Director Sustainable Environment and Economy

File No: I2022/944

CSP Objective: 4 - Ethical Growth

CSP Strategy: 4.2 - Enable housing diversity and support people experiencing housing insecurity

DP Priority: 4.2.1 - Housing insecurity - Seek opportunities that provide fair, appropriate, and affordable housing for people experiencing housing insecurity

Summary:

Council considered a Notice of Motion Report No 4.6 - Byron Shire Housing Summit 2022 at the Council Meeting of 3 February 2022 and resolved as follows:

Resolved 22-006:

1. That Council convenes a second Byron Shire Housing Summit to share current options and explore new ones for making housing accessible and affordable in the Byron Shire.

2. The Summit to include presentations from Council, a community housing provider, a housing industry representative, Housing NSW, Landcom, a local community organisation, a representative from NSW Department of Planning, and a housing policy specialist.

3. The Summit to be open to the public and invited stakeholders, including state and federal political representatives.

4. The Summit to include consideration of the following:

a) current policies, strategies, and resolutions to promote and/or inhibit affordable housing;

b) proposals that could be trialled and implemented to support affordable housing in the Byron Shire.

5. That a report be generated summarising the key findings and outcomes of the Summit that is publicly available and used to assist the work of Council’s Housing and Affordability Advisory Committee.

This report responds to this resolution.

RECOMMENDATION:

That the Housing and Affordability Advisory Committee notes:

1. The key findings and outcomes of the Byron Housing Summit as summarised in this report;

2. That staff will consider the key findings and outcomes of the Byron Housing Summit in future strategy, plan, policy and project work.

3. There are numerous housing initiatives and projects currently being progressed by staff in response to multiple resolutions of Council about local housing need and the housing crisis as actions adopted in the current Delivery Program 2022-2026 and Operational Plan 2022-2023.

Report

On Friday 17 June 2022, Council held the Byron Shire Housing Forum to address the following.

· In the absence of large scale federal and state government investment, what role is there for the community housing sector, ethical developers, and local government to provide stable, affordable homes that supports our community?

· What examples and ideas might inform our approach to housing our community?

The Byron Shire Housing Forum started with community, included presentations and a Q&A with a panel. With their own expertise and informed by the morning sessions, panellists presented 1 or 2 Big Ideas which were voted on by community and industry. Council then met with industry experts and decision makers to reflect and capture actions for each Big Idea, to address the housing crisis in Byron Shire.

Byron Shire Housing Forum - Byron Shire Council (nsw.gov.au)

Key issues

Key themes and ideas that were discussed follow.

· The community to articulate what it wants and how to get there, with importance of self-defined measures of success.

· A desire to build on existing social capital as we adapt and respond.

· A preference to nurture a housing industry that embraces alternative tenure and living options with a cooperative focus.

· A promotion of the mosaic of communities as places which are to be respected, with room to dabble and explore.

· Participants warmed to the idea of a demonstration village exemplifying diverse & affordable housing that is Byron friendly.

· The underpinning of a respect of Bundjalung Country and First Nation Peoples and therefore Aboriginal housing to be prioritised.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective		CSP Strategy	DP Action
	4: Ethical Growth We manage growth and change responsibly	4.2: Enable housing diversity and support people experiencing housing insecurity	4.2.2: Partnerships and pilots to address housing needs - Investigate partnerships and pilots that deliver an innovative and affordable housing model for the Shire
	4: Ethical Growth We manage growth and change responsibly	4.2: Enable housing diversity and support people experiencing housing insecurity	4.2.3: Legislation changes - Establish planning mechanisms and advocate for changes to legislation to support housing that meets the needs of our community

Recent Resolutions

· 22-006

· 21-253

· 21-303

· 21-496

· 22-210

Legal/Statutory/Policy Considerations

Housing affordability is a key issue for Council and our community. To this end there are numerous housing initiatives and projects currently being progressed by staff in response to multiple resolutions of Council about local housing need and the housing crisis as actions adopted in the current Delivery Program 2022-2026 and Operational Plan 2022-2023.

Housing Affordability Initiatives - Byron Shire Council (nsw.gov.au)

Financial Considerations

None relevant to this report.

Consultation and Engagement

· The event was recorded and will be made publicly available.

· A report to Council & Council's Housing & Affordability Advisory Committee, which will both be publicly available.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 3.4

Report No. 3.4 Delivery Program - Workshop Session

Directorate: Sustainable Environment and Economy

Report Author: Heather Sills, A/ Manager Corporate Services

File No: I2022/937

Summary:

A brief presentation about Integrated Planning and Report and their role will be provided to the Housing and Affordability Advisory Committee.

RECOMMENDATION:

That the Housing and Affordability Advisory Committee note the presentation on the Delivery Program 2022-26.

Report

The Byron Shire Community Strategic Plan 2032 (CSP) has been developed to guide long term future planning to meet the needs and aspirations of the community.

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

There are five community objectives, each with five strategies to clearly articulate the intended priorities and aspirations of the community.

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, inform, 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 the community

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 the natural environment.

Strategies:

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

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

3.3 Protect the health of coastline, estuaries, waterways, and catchments

3.4 Support and empower the community to adapt to, and mitigate the 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 the local economy

4.4 Foster sustainable visitation and manage 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 Ensure infrastructure meets future needs and invest in 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 Housing and Affordability Advisory Committee will contribute to the following Delivery Program Priorities:

Strategic Considerations

Community Strategic Plan and Operational Plan

As outlined in the report.

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.

Venue	Meeting Room 1
Date	Thursday, 18 August 2022
Time	11:30am