Minutes
Ordinary (Planning)
Meeting
![](PLAN_11082022_MIN_1486_files/image002.jpg)
Thursday, 11 August 2022
Ordinary (Planning) Meeting Minutes
11 August 2022
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary (Planning)
Meeting HELD ON Thursday, 11 August 2022 COMMENCING AT 11.09AM AND CONCLUDING AT 7.01PM
I2022/964
PRESENT: Cr
M Lyon (Mayor), Cr S Balson, Cr C Coorey (part), 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)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Ralph
James (Legal Counsel)
James Flockton (Infrastructure
Planning Coordinator) – item 9.2
Christopher Soulsby (Development
Planning Officer) - item 13.2
Steve Daniels (Planner) - item 13.2
Sharyn French (Manager Environmental
and Economic Planning) –
item 13.8
Chis Larkin (Manager, Sustainable
Development) – item 9.1 and 13.11
Patricia Docherty (Planner) –
item 13.11
Heather Sills/ Amber Evans Crane
(Minute Takers)
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.
Public
Access
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
|
Via
|
9.1
|
Notice of Rescission Motion No. 9.1
Development Application 10.2020.458.1 Demolition of existing structures and
construction of a mixed use development comprising of a specialised
retail premises, business premises and two (2) 10 shop top housing dwellings
|
Leone Bolt
|
For
|
Brunswick Heads Progress Association
|
In person
|
Kumar Rajaratnam
|
Against
|
No
|
In person
|
9.3
|
Line Marking in Tincogan Street,
Mullumbimby
|
Linda Meades
|
For
|
No
|
In person
|
9.4
|
Decreasing risk on the Shire's
floodplains
|
Matthew Lambourne
|
For
|
No
|
In person
|
Noelle Maxwell
|
For
|
Mullum Residents Association
|
In person
|
9.5
|
Plan of management for Bangalow Sports
Fields
|
Ian Holmes
|
For
|
Bangalow Progress Association
|
In person
|
|
Procedural Motion
|
22-338
|
Resolved that
Public Access be extended. (Lyon)
The motion was put to the vote and
declared carried.
|
Public Access continued
Report No
and Title
|
Name
|
For/
Against
|
Representing
Organisation
|
Via
|
13.2
|
Voluntary Planning Agreement (VPA) - 53
Mcauleys
Lane Planning Proposal
|
Dwayne Roberts
|
For
|
No
|
In person
|
Matthew O’Reilly
|
Against
|
Saddle Road Local Area Management
Planning
Association
|
In person
|
13.4*
|
PLANNING - 10.2018.384.3 - S4.55 to
delay provision of suitable vehicular access for Dual Occupancy (Detached) -
183 Coopers Lane West, Main Arm
|
Graham Meineke
|
For
|
No
|
In person
|
Ewan Willis
|
For
|
No
|
In person
|
Wayne Weisse
|
Against
|
No
|
In person
|
Alison Pearl
|
Against
|
No
|
In person
|
13.7
|
PLANNING - DA 10.2021.348.1 Alterations
to Existing Building and Change of Use to Mixed Use Development including
Shop, Office Premises and Construction of a Two Storey Carpark
|
Bronwyn Morris
|
Against
|
No
|
In person
|
13.8
|
Byron Shire Wildlife Corridors
|
Jan Barham
|
For
|
No
|
Supplied by email
|
13.9
|
DA 10.2021.511.1 Dual occupancy
(detached) and swimming pool
|
Michael Hayward
|
Against
|
No
|
Supplied by email
|
13.11
|
PLANNING - 10.2021.114.1 - 'Fed Sheds'
Light Industry Excluding Artisan Food & Drink Premises at 467 Federal
Drive, Federal
|
Gavin Elterman
|
For
|
No
|
In person
|
Francesca Hart
|
Against
|
No
|
In person
|
Toni Appleton
|
Against
|
Federal Community Centre Inc.
|
In person
|
Joanna Kahler
|
Against
|
Federal School of the Arts Association
Inc.
|
Read by staff
|
* Note: Cr Dey left the
meeting during public access on item 13.4, in accordance with a declaration of
interest.
Submissions
Subject
|
Name
|
Representing
Organisation
|
Submission
Received in form of
|
Splendour in the Grass
|
Kathy Norley
|
South Golden Beach Community
Organisation
|
In person
|
Pod Site Mullumbimby
|
Louise Gordon
|
Safe housing for All Mullumbimby
residents
|
In person
|
Question
No. 1 Fed Sheds Development
Goetz Bickert asked the
following question:
Are you concerned by an on-site wastewater management
that uses inappropriate drainage cells designed for stormwater (clean drinking
water) for the wastewater effluent and this unproven technology is called
innovative and is sealed off underneath the car park, so difficult to dig up if
it fails, fouls or blocks. or concerned by the fact that the final solution and
destination for all stormwater is a ‘existing pit’ on paper that in
reality does not exist and where stormwater already overflows Coachwood court
and results in flooding of properties now?”
Cr Dey
provided a response: I’m very concerned.
The
Mayor took the question on notice.
Question
No. 2 Austroad Guide to Road Design
Matthew O’Reilly asked
the following question:
Does
Byron Shire Council require all Development Applications and Planning Proposals
to meet, as a bare minimum, the " Austroad Guide to Road Design", in
relation to road, intersection and crossover design for the projected maximum
vehicle usage of the new development or rezoning based on current road usage
AND the future traffic growth over the next ten years.
The
Mayor took the question on notice.
The meeting adjourned at 1.54pm for a lunch break and
reconvened at 2.46pm.
Cr Coorey did not return at this time.
Apologies
There
were no apologies.
Applications
to Attend by Audio-Visual Link
|
Procedural Motion
|
22-339
|
Resolved that
Cr Coorey be permitted to attend the meeting held on 11 August 2022 by
audio-visual link. (Lyon/Balson)
The motion was put to the vote and
declared carried.
|
Requests
for Leave of Absence
There
were no requests for leave of absence.
Declarations
of Interest – Pecuniary and Non-Pecuniary
Cr Dey declared a non-significant non-pecuniary interest in
Report 13.4. The nature of the interest being that he is a neighbour of the
property and he lodged an objection to the proposal, which cites him as its
reason for approval. Cr Dey elected to leave the Chamber and will not
participate in discussion and the vote.
Cr Swivel declared a non-significant non-pecuniary interest
in Report 13.4. The nature of the interest being that advice was provided (in
2020) by an employed colleague on behalf of the applicant. Cr Swivel elected to
remain in the Chamber and will participate in discussion and the vote.
Cr Ndiaye declared a non-significant non-pecuniary interest
in Report 13.4. The nature of the interest being that Cr Dey and herself are
part of the same political party. Cr Ndiaye elected to remain in the Chamber
and will participate in discussion and not vote.
Tabling of Pecuniary Interest
Returns
There were no Pecuniary Interest Returns tabled.
Adoption
of Minutes from Previous Meetings
22-340
|
Resolved that
the minutes of the Ordinary (Planning) Meeting held 9 June 2022 be confirmed. (Lyon/Hunter)
The motion was put to the vote and
declared carried
Cr Coorey was not present for the
vote.
|
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
General Manager
Report No.
13.1 General Manager Delegation - Procurement
Sustainable Environment and Economy
Report No.
13.2 Voluntary Planning Agreement (VPA) - 53 Mcauleys
Lane Planning Proposal
Report No.
13.3 PLANNING - 26.2021.3.1 150 Lismore Road, Bangalow
Submissions Report
Report No.
13.4 PLANNING - 10.2018.384.3 - S4.55 to delay
provision of suitable vehicular access for Dual Occupancy (Detached) - 183
Coopers Lane West, Main Arm
Report No.
13.5 Planning Proposal - 26.2020.2.1 Affordable housing
contribution scheme submissions report
Report No.
13.6 PLANNING - Use of zipline ancillary to a primitive
camping ground
Report No.
13.7 PLANNING - DA 10.2021.348.1 Alterations to
Existing Building and Change of Use to Mixed Use Development including Shop,
Office Premises and Construction of a Two-Storey Carpark
Report No.
13.8 Byron Shire Wildlife Corridor System
Report No.
13.9 DA 10.2021.511.1 Dual occupancy (detached) and
swimming pool
Report No.
13.10 Place Planning Collective Expression of Interest
Candidate Selection
Report No.
13.11 PLANNING - 10.2021.114.1 - 'Fed Sheds' Light Industry
Excluding Artisan Food & Drink Premises at 467 Federal Drive, Federal
Report No.
13.12 PLANNING - Quarter 2 SEPP Variations April to June 2022
Report No.
13.13 DRAFT North Coast Regional Plan 2041
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. 22-341 and concluding with
Resolution No. 22-357.
Reports
of Committees - Infrastructure Services
|
Report No. 14.1 Report
of the Local Traffic Committee Meeting held on 14 June 2022
File No: I2022/723
|
22-341
|
Resolved that Council notes the minutes of the Local
Traffic Committee Meeting held on 14 June 2022. (Lyon/Ndiaye)
|
22-342
|
Resolved that Council adopts the following Committee Recommendations:
Report No.
6.1 Deacon Street Sight Distance
File No: I2022/579
Committee Recommendation 6.1.1
That Council:
1. Supports
“No stopping” treatments around the corners of the access into
Bangalow Parklands from Deacon Street, Bangalow;
2. The
proposed treatments include:
a) Line-marking
(yellow), marked up to the existing footpath crossing the Bangalow Parklands
access and will extend around the corners for approximately 24 metres on the
eastern approach, and 12 metres on the western approach of Deacon Street (as
per figure 3 in the LTC report); and
b) “No
stopping” signs installed on the western corner of the access as shown
in figure 3 (as per figure 3 in the LTC report). (Lyon/Ndiaye)
|
22-343
|
Resolved that Council adopts the following
Committee Recommendations:
Report No.
6.2 Events - Bangalow Billycart Derby 18 September 2022
File No: I2022/580
Committee Recommendation 6.2.1
1. That
Council endorses the change of date for the Bangalow Billy Cart Derby to be
held on Sunday 18 September 2022 for the temporary road closure below:
a) Byron
Street, Bangalow between Ashton Street and Granuaille Road, between 6am and
5pm on the event day.
2. That
the approval provided in Part 1 is subject to:-
a) Separate
approvals by NSW Police and TfNSW being obtained, noting that the event is on
a state road or may impact the state road network;
b) Traffic
Guidance Scheme(s) to be developed by people with the appropriate TfNSW
accreditation;
c) Traffic
Guidance Scheme(s) to be implemented by people with appropriate
accreditation;
d) That
the impact of the event be advertised via a notice in the local weekly paper
a minimum of one week prior to the operational impacts taking effect, noting
it must include the event name, specifics of any traffic impacts or road
closures and times, alternative route arrangements, event organiser, a
personal contact name and a telephone number for all event related enquiries
or complaints; and
e) The
event notified on Council’s webpage.
3. That
the event organiser:-
a) Undertake
consultation with community and affected businesses including adequate
response/action to any raised concerns;
b) Undertake
consultation with emergency services and any identified issues addressed;
c) Holding
$20m public liability insurance cover which is valid for the event; and
d) Pays
Council’s Road Event Application Fee prior to the event. (Lyon/Ndiaye) .
|
22-344
|
Resolved that
Council adopts the following Committee Recommendations:
Report No.
6.3 Writers Festival 2022
File No: I2022/587
Committee Recommendation 6.3.1
That Council endorses the Traffic Guidance Scheme Plans
for Writers Festival to be held 26 to 28 August 2022, in accordance with the
following Local Traffic Committee recommendations:-
1. That the endorsement provided is subject to:
a) The
installation and enforcement of signage on:-
i)
Tweed Valley Way reduced speed limits around Gate C;
ii)
Tweed Valley Way, Brunswick Valley Way and Pacific Motorway VMS directional
signage be installed
2. That
the event organisers are to undertake the
following:
a) Separate
approvals from NSW Police and TfNSW being obtained, noting that the event is
on a state road or may impact the state road network;
b) The
Traffic Management Plan and Traffic Guidance Schemes be implemented by those
with appropriate accreditation;
c)
That the impact of the event be advertised via a notice in the local weekly
paper a minimum of one week prior to the operational impacts taking effect,
noting it must include the event name, specifics of any traffic impacts or
road closures and times, alternative route arrangements, event organiser, a
personal contact name and a telephone number for all event related enquiries
or complaints.
d) The
event be notified on Council’s webpage with event details supplied to Council
by the event organiser.
3. That the event organisers:
a) undertake
consultation with community and affected businesses including adequate
response/action to any raised concerns.
b) undertake
consultation with emergency services and address any identified
issues/concerns.
c) holds
$20m public liability insurance cover which is valid for the event.
d) pay
Council’s Road Event Application Fee prior to the event.
4. Within 3 months after the 2022 Byron Writers Festival a
report must be submitted to Council from the original TGS designer with
comments of the effectiveness of the traffic control arrangements during the
event and list recommendations if required for consideration by Council and
other authorities for future events. (Lyon/Ndiaye).
|
22-345
|
Resolved that
Council adopts the following Committee Recommendation:
Report No.
6.4 New intersection on Bangalow Road
File No: I2022/593
Committee Recommendation 6.4.1
That Council notes that LTC are deferring a decision until
further reporting has been submitted to a future LTC meeting.
(Lyon/Ndiaye).
|
22-346
|
Resolved that
Council adopts the following Committee Recommendations:
Report No.
6.5 No Overnight Parking - Bangalow Heritage House
File No: I2022/629
Committee Recommendation 6.5.1
That Council:
1. Supports
the installation of “No Parking Area 1am – 6am” and
“prohibitive activities” signs at the entrance to the informal
carparking area adjacent Bangalow Heritage House on Ashton Street, Bangalow.
2. Supports
the removal of the existing “all day free parking” sign at the
entrance to the informal carparking area adjacent Bangalow Heritage House on
Ashton Street.
3. Public
Space Liaison Officers directly engage with people camping at the site,
providing them with adequate notice about the changes in parking arrangements
and helping to refer to appropriate supports prior to implementing proposed
signage changes.
(Lyon/Ndiaye) .
|
|
Report No. 14.2 Report
of the Floodplain Management Advisory Committee Meeting held on 16 June 2022
File No: I2022/745
|
22-347
|
Resolved that
Council adopts the following Committee Recommendation:
1. That
Council notes the minutes of the Floodplain Management Advisory Committee
Meeting held on 16 June 2022.
(Lyon/Ndiaye) .
|
22-348
|
Resolved that
Council adopts the following Committee Recommendation:
Report No.
3.1 Adoption of Minutes from Previous Meeting
File No: I2022/586
Committee Recommendation 3.1.1
That the minutes of the Floodplain Management Advisory
Committee Meeting held on 21 April 2022 be confirmed. (Lyon/Ndiaye)
.
|
22-349
|
Resolved that
Council adopts the following Committee Recommendations:
Report No.
4.1 Byron Shire Council Flood Risk Management Plan-Actions and
Accomplishments
File No: I2022/632
Committee Recommendation 4.1.1
That Council notes:
1. The
current Byron Shire Council Flood Mitigation Program, Attachment 1
(E2022/52007).
2. The
Floodplain Management Advisory Committee will hold a workshop in July to
re-prioritise the items in Attachment 1.
(Lyon/Ndiaye) .
|
22-350
|
Resolved that Council adopts the following
Committee Recommendation:
Report No.
4.2 Byron Bay Drainage Upgrade Project
File No: I2022/633
Committee Recommendation 4.2.1
That Council notes the current progress of the Byron Bay
Drainage Strategy and the Floodplain Management Advisory Committee receive a
further report with a consultation plan for the project.
(Lyon/Ndiaye) .
|
22-351
|
Resolved that Council adopts the following
Committee Recommendations:
Report No.
4.3 Capricornia Canal and Marshalls Creek
File No: I2022/636
Committee Recommendation 4.3.1
That Council endorses the Floodplain Management Advisory
Committee receiving a further report with a proposed scope that includes
recommendations received from the committee.
(Lyon/Ndiaye) .
|
22-352
|
Resolved that Council adopts the
following Committee Recommendation:
Report No.
4.4 Byron Shire Post 2022 Flood Analysis Update
File No: I2022/651
Committee Recommendation 4.4.1
That Council notes the report and the Floodplain
Management Advisory Committee continue to receive progress reports on the
Post 2022 Flood Analysis.
(Lyon/Ndiaye) .
|
22-353
|
Resolved that Council adopts the following
Committee Recommendations:
Report No.
4.5 Voluntary House Raising
File No: I2022/686
Committee Recommendation 4.5.1
That Council supports:
1. The
Draft Byron Shire Council Voluntary House Raising Scheme Guidelines
Attachment 1 (E2022/29988) being placed on public exhibition as per Council
policy;
2. The
benefiting landowner being responsible for the one third funding contribution
under the NSW Floodplain Management Program Voluntary House Raising funding
grant;
3. That
for any approved Voluntary House Raising dwellings, Council’s
development applications fees be waived in order to minimise the costs
related to these essential works
4. The
Floodplain Management Advisory Committee receives a further report that
details the number of houses across the shire with floor levels below the
100-year flood level that are ineligible for funding under the NSW Floodplain
Management Program Voluntary House Raising funding grant and the number of
houses with floors between the 100 year flood level and the 500 year flood
level.
5. The use of
$59,425.31 remaining funds from an approved State Government grant from
2000/01 financial year to cover all associated development application fees
associated with approved voluntary house raising dwellings that are listed as
priorities within Council’s adopted Flood Risk Management Plans.
(Lyon/Ndiaye) .
|
|
Report No. 14.3 Report
of the Infrastructure Advisory Committee Meeting held on 16 June 2022
File No: I2022/748
|
22-354
|
Resolved that Council notes the minutes of the
Infrastructure Advisory Committee Meeting held on 16 June 2022.
(Lyon/Ndiaye) .
|
22-355
|
Resolved that Council adopts the following
Committee Recommendations:
Report No.
3.1 Election of Chair and Committee Constitution
File No: I2022/565
Committee Recommendation 3.1.1
That Council supports the
following:
1. Appointment
of Cr Lyon as the Chairperson of the Infrastructure Advisory Committee.
2. The
Infrastructure Advisory Committee adopting the draft Committee Constitution
as amended.
(Lyon/Ndiaye)
.
|
22-356
|
Resolved that
Council adopts the following Committee Recommendations:
Report No.
3.2 Mullum to Bruns/Ocean Shores Cycleway - Route Options
File No: I2022/631
Committee Recommendation 3.2.1
That Council notes that the Infrastructure Advisory
Committee noted the Mullum to Bruns Cycleway – Route Options Report.
(Lyon/Ndiaye) .
|
22-357
|
Resolved that Council adopts the following
Committee Recommendations:
Report No.
3.3 Myocum Quarry DA Compliance and Options Report
File No: I2022/656
Committee Recommendation 3.3.1
That Council supports:
1. The
actions as recommended in the report “DA Compliance and Options
Assessment for Myocum Quarry” (E2021/155252) in response to resolution 21-098
and including preparation of a section 4.55(2) modification to the original
development consent.
2. The
provision of six monthly updates to the Infrastructure Advisory
Committee.
3. The
first six monthly update to include consideration of budget implications.
(Lyon/Ndiaye) .
|
|
Procedural Motion
|
22-358
|
Resolved that
Council change the order of business to deal with Reports 9.1. 9.3, 9.4, 9.5,
13.2, 13.4, 13.7, 13.8, 13.9, 13.11 next on the Agenda. (Lyon)
The motion was put to the vote and
declared carried
Cr Coorey was not present for the
vote.
|
Notices of Motion and Rescission
|
Notice of Rescission Motion No. 9.1 Development
Application 10.2020.458.1 Demolition of existing structures and construction
of a mixed use development comprising of a specialised retail premises,
business premises and two (2) shop top housing dwellings
File
No: I2022/820
|
|
Procedural Motion
|
22-359
|
Resolved that item
9.1 rest on the table. (Lyon/Ndiaye)
The motion was put to the vote and
declared carried.
Cr Coorey was not present for the
vote.
|
|
Notice of Motion No. 9.3 Line marking in Tincogan
Street, Mullumbimby
File No: I2022/922
|
|
Moved that Council:
1. Considers reinstating line-marking on the bare tarmac of Tincogan
Street Mullumbimby and the desire by users of the street to have that happen
before the end of 2022.
2. Receive a report in October 2022
via the Infrastructure Advisory Committee which is meeting in September 2022,
on which one or more of the following approaches can be achieved, and when
and how, and at what costs and from what funding sources.
3. Consider
the following approaches:
a) complete
the TINCOGAN STREET STAGE 1 ROADWORKS (sheets 2 to 4 of project OSK5378,
attached) for the intersections of Tincogan Street with Dalley and Stuart
Streets PLUS install a Pedestrian (Zebra) Crossing between Dalley and Stuart
Streets with safety lighting of the Crossing;
b) switch
Give Way priority onto Tincogan Street at Dalley and Stuart Streets PLUS
install the Pedestrian Crossing with safety lighting. This approach may
still require approval through the Local Traffic Committee, which next meets
on 16 August and 13 September; and
c) switch
Give Way priority onto Tincogan Street at Dalley and Stuart Streets PLUS
install the Pedestrian Crossing with safety lighting.
d) reinstate
the old Give Way priorities on Dalley and Stuart Streets at Tincogan
Street.
4. include
arrangements at the Pedestrian Crossing for safety lighting, investigate
solar options, and install the Crossing with lighting as soon as possible. (Dey)
|
The motion fell away for want of a
seconder.
|
Notice of Motion No. 9.4 Decreasing risk on the
Shire's floodplains
File No: I2022/926
|
|
Moved that Council:
1. Acknowledge the mental, emotional, and financial suffering of
people impacted by the Shire’s floods in the first half of 2022.
2. Do our best to assist those
people to recover from the 2022 floods and to protect against future floods.
3. Bring a report to the next
meeting of our Floodplain Management Advisory Committee on the following
proposition, on how Council should approach new development going onto the
Shire’s floodplains:
that Council manage zoning and
development on the Shire’s floodplains to (i) minimise new
flood-related risks; (ii) diminish current flood-related risks, and (iii)
encourage flood compatible uses on land below current and future flood
levels. (Dey/Ndiaye)
|
AMENDMENT
22-360
|
Resolved that Council:
1. Bring a report to the next
meeting of our Floodplain Management Advisory Committee on the following
proposition, on how Council should approach new development going onto the
Shire’s floodplains:
that Council manage zoning and
development on the Shire’s floodplains to (i) minimise new
flood-related risks; (ii) diminish current flood-related risks, and (iii)
encourage flood compatible uses on land below current and future flood
levels.
2. Investigate
innovative design and new technology to address flood management
(Balson/Hunter)
The amendment was put to the vote
and declared carried.
Crs Westheimer, Dey, Ndiaye, voted
against the amendment.
Cr Coorey was not present for the
vote.
The amendment upon becoming the
substantive motion was put to the vote and declared carried.
Crs Westheimer voted against
the motion.
Cr Coorey was not present for the
vote.
|
|
Notice of Motion No. 9.5 Plan of management for Bangalow
Sports Fields
File No: I2022/927
|
22-361
|
Resolved
that:
1. Council recognises the essential role that community and sporting
clubs play in supporting the social, health and wellbeing of the community.
Council recognises that operating these club is difficult and, while not core
business for Council, Council has a role in supporting these organisations to
be successful and continue to contribute to our community.
2. Council reiterates its commitment
to reducing the harm caused by poker machines in our community.
3. Council ensures that the Bangalow
sports Fields Plan of Management and Masterplan includes consideration of the
Bowling Club, car parking areas and proposed site of the Bangalow Pool
4. That council support a workshop
with Bowling Club stakeholders and a budget of up to $2000 be made available
to support this workshop (Pugh/Ndiaye)
The motion was put to the vote and
declared carried
Cr Coorey was not present for the
vote.
|
Staff Reports - Sustainable
Environment and Economy
|
Report No. 13.2 Voluntary
Planning Agreement (VPA) - 53 McAuleys Lane Planning Proposal
File No: I2022/161
|
|
Moved that Council:
1. Endorses
the draft Voluntary Planning Agreement (as contained in Attachment 1 to this
report) for exhibition with the corresponding planning proposal for the
subject land; but include the following changes
a) Require that a Traffic Impact Assessment and Road Safety
Audit be conducted for the Saddle Road – Mullumbimby Road intersection
up to the minimum standard required by the Austroads – Road design
guidelines. Taking into consideration the current and proposed changes
to the McAuleys Lane– Mullumbimby Road intersection.
b) Include any required
intersection and Road upgrades identified during item 1 (a) above as required
upgrades that are included in the VPA.
c) Require that a minimum
1m wide concrete or bitumen off formation footpath be constructed from the
Mullumbimby Road bus shelter to the driveway to the proposed new rural
residential development site.
d) Require that minimum
design and safety standards are included to allow buses to enter, offload
passengers and exit both eastbound and westbound, off formation, bus drop off
bays off Mullumbimby Road.
e) Require that minimum
design and safety standards are included to allow pedestrians to cross
Mullumbimby Road when catching or getting off a bus on the eastbound side of
Mullumbimby Road.
f) Require that a
minimum of 2m of bitumen be retained on Mullumbimby Road, on either side,
beyond the proposed lanes and turn treatments to continue to act as an on
formation mixed use bike lane.
g) Require that design
and construction of the road and intersection upgrades give consideration to
the future construction of an off formation dedicated bike lane on either
side of Mullumbimby Road.
2. Receives
a submissions report following public exhibition to consider key issues
raised. (Dey/Ndiaye)
|
AMENDMENT
22-362
|
Resolved that Council:
1. Endorses
the draft Voluntary Planning Agreement (as contained in Attachment 1 to this
report) for exhibition with the corresponding planning proposal for the
subject land; and
2. Receives
a submissions report following public exhibition to consider key issues
raised.
3. Requests
staff to consider the issues around traffic heading East on Mullumbimby Road
and also traffic heading West from the entrance of the property onto McAuleys
Lane. (Pugh/Lyon)
The amendment was put to the vote
and declared carried.
Crs Balson, Ndiaye, and Dey
voted against the amendment.
Cr Coorey was not present for the vote.
The amendment upon becoming the
substantive motion was put to the vote and declared carried.
Cr Coorey was not present for the
vote.
|
|
Report No. 13.4 PLANNING
- 10.2018.384.3 - S4.55 to delay provision of suitable vehicular access for
Dual Occupancy (Detached) - 183 Coopers Lane West, Main Arm
File No: I2022/584
|
22-363
|
Resolved
that pursuant to section 4.16 of the Environmental Planning and
Assessment Act 1979, application no. 10.2018.384 to modify development
consent 10.2018.384.1 to delay requirement to the access road easement to be
corrected to accurately overlay the physical access road prior to the issue
of a construction certificate for alterations and additions to the dual
occupancy (detached), be approved as follows:
Delete Condition 14 and insert new 5A in stage 2 of
consent.
5A. Legal Access to Property
Sufficient evidence to demonstrate that the property
access road through Lot 3 DP 558858, Lot 1 DP 445771 and Lot 7 DP 591828, is
wholly contained within a legal right of carriageway. Any redundant rights of
carriageway/easements to be extinguished.
Such evidence must include:
a) an
updated survey of the access road that shows the access road and any further
widening wholly within suitable rights of carriageway under the Conveyancing
Act 1919.
b) A
copy of the registered rights of carriageway and a title search for all
affected lots.
The evidence to be provided to Council within 5 years of
this date. (Hunter/Lyon)
|
|
Procedural
Motion
|
22-364
|
Resolved that
Cr Hunter be granted a one minute extension to his speech. (Lyon)
The motion was put to the vote and
declared carried
Councillors Dey and Westheimer voted
against.
Crs Coorey and Ndiaye were not
present for the vote.
|
Crs Dey and Ndiaye left the Chambers at 4.11pm.
The motion (Hunter/Lyon)
was put to the vote and declared carried.
Crs Hunter, Lyon, Swivel, Westheimer,
Balson and Pugh voted in favour of the motion.
Nil voted against the motion.
Cr Ndiaye, Dey, and Coorey were not
present for the vote.
|
Report No. 13.7 PLANNING
- DA 10.2021.348.1 Alterations to Existing Building and Change of Use to
Mixed Use Development including Shop, Office Premises and Construction of a
Two-Storey Carpark
File No: I2022/646
|
22-365
|
Resolved:
1. That
pursuant to Section 4.16 of the
Environmental Planning & Assessment Act 1979, Development Application No.
10.2021.348.1 for Alterations to
Existing Building and Change of Use to Mixed Use Development including Shop,
Office Premises and Construction of a Two-Storey Carpark, be granted consent
subject to the conditions recommended attached to this report and the
following additional conditions:
16A. Amended
Plans for gate on Western Boundary
Prior to
issue of a Construction Certificate the plans are to be amended to provide a locked
gate to be installed on the western boundary of the development between the
Harris Farm Building and the Car Park where it joins the Railway Corridor at
the ground level, and to provide a lockable gate at the entrance to the upper
level car park.
16B. Amended
Plans Solar Panels on Carpark Roof
Plans to be
submitted for Construction Certificate are to provide for roof top solar on
the roof of the car park with a minimum of 80KW and not exceeding 100Kw.
32A. Street
Plantings in Jonson Street
A landscape plan to be
submitted to Council for approval under Section 138 of the Roads Act 1993 for
a minimum of thirty (30) street trees to be planted either side of the Jonson
Street Road Reserve. Plants species are to be natives endemic to the North
Coast of NSW and have a minimum maturity height of 10 metres to screen the
car park from surrounding development.
89A. Green Wall
The Green Wall is to be
planted in accordance with the approved Landscaping Plan to the satisfaction
of Byron Shire Council infrastructure Services and Sustainable Environment
and Economy.
89B. Solar Panels
on Carpark Roof to be Installed and Operational
The Solar panels are to be
installed on the roof of the car park prior to the issue of the Occupation
Certificate.
89C. Gates to be
installed
The locked gate must be
installed on the western boundary to Railway Corridor between the Harris Farm
Building and the Car Park and the lockable gate to be installed on the ramp
to the upper level car park to be installed prior to the issue of the
Occupation Certificate and in accordance with the approved plans.
121.
Green Wall Maintained
The approved Green Wall must
be maintained and watered sufficiently using harvested or recycled water and
any vegetation that doesn’t become established or dies back is to be
replanted to ensure the car park is fully screened along the eastern
elevation.
122.
Solar Panels Maintained
Solar Panels are to be
maintained and upgraded as required over the life of the development.
123. Locked
Gate to upper level car park
The gate to the upper level to
be locked when the upper level car park is not open as per Condition 115.
2. That
staff engage with TfNSW and bus service providers to establish a location for
bus stops and associated shelters to service this development and the
immediate locality. Upon completion of the development the construction of
the bus shelters be incorporated into Council’s capital works plan for
delivery. (Pugh/Ndiaye)
The motion
was put to the vote and declared carried.
Crs Hunter, Lyon, Ndiaye, Dey,
Swivel, Westheimer, Balson and Pugh voted in favour of the motion.
Nil voted against the motion.
Cr Coorey was not present for the
vote.
|
|
Report No. 13.8 Byron
Shire Wildlife Corridor System
File No: I2022/738
|
22-366
|
Resolved:
1. That Council
endorses the Byron Shire Wildlife Corridor System for public exhibition, with
proposed updates to Council’s Biodiversity DCP (as set out in this
report) included as supporting information.
2. That following
exhibition, Council receives a submissions report to consider key issues raised
and formally adopt the new Wildlife
Corridor System.
3. Following
completion of ‘2’ above, that Council:
a) update
DCP Chapter ‘B1 – Biodiversity’ to reflect the adopted
Wildlife Corridor Map and any additional supporting amendments; and
b) exhibit the DCP chapter updates in accordance with
relevant legislative requirements. (Westheimer/Ndiaye)
The motion
was put to the vote and declared carried
Cr Coorey was not present for the
vote.
|
|
Report No. 13.11 PLANNING -
10.2021.114.1 - 'Fed Sheds' Light Industry Excluding Artisan Food & Drink
Premises at 467 Federal Drive, Federal
File No: I2022/877
|
|
Procedural MotionS
|
22-368
|
Resolved that
Cr Dey be granted a one minute extension to his speech. (Lyon)
The motion was put to the vote and
declared carried.
Cr Coorey was not present for the
vote.
|
Cr Coorey joined the meeting at 4.54pm.
22-369
|
Resolved that
item 13.11 be rested on the table. (Lyon/Hunter)
The motion was put to the vote and
declared carried.
|
22-370
|
Resolved that
Report No. 9.1 be lifted from the table. (Coorey/Lyon)
The motion was put to the vote and
declared carried..
|
|
Notice of Rescission Motion No. 9.1 Development
Application 10.2020.458.1 Demolition of existing structures and construction
of a mixed use development comprising of a specialised retail premises,
business premises and two (2) shop top housing dwellings
File
No: I2022/820
|
|
Moved we move
that Council rescind Resolution No. 22-314 from its Ordinary meeting held on 23
June 2022 which reads as follows:
Resolved that,
pursuant to Section 4.16 of the Environmental Planning & Assessment Act
1979, Development Application No. 10.2020.458.1 for demolition of existing
structures and construction of a mixed-use development comprising of a
specialised retail premises, business premises and two (2) shop top housing
dwellings, be granted consent subject to the recommended conditions of
approval in Attachment 6 (#E2022/45336).
(Dey/Westheimer)
The motion was put to the vote and
declared lost.
Crs Dey and Westheimer voted in
favour of the motion.
Crs Hunter, Lyon, Ndiaye, Swivel,
Balson and Pugh voted against the motion.
Cr Coorey was not present for the
vote.
|
|
Procedural Motion
|
22-371
|
Resolved that
Report No. 13.11 be lifted from the table. (Lyon/Swivel)
The motion was put to the vote and
declared carried.
Cr Coorey was not present for the vote.
|
|
Report No. 13.11 PLANNING -
10.2021.114.1 - 'Fed Sheds' Light Industry Excluding Artisan Food & Drink
Premises at 467 Federal Drive, Federal
File No: I2022/877
|
|
Moved:
That pursuant to Section 4.16 of the Environmental
Planning & Assessment Act 1979, Development Application No. 10.2021.114.1
for Light Industry excluding artisan food and drink premises, be refused for
the following reasons:
1. Pursuant
to Section 4.15(1)(b) and (c) the site is unsuitable and will have an adverse
environmental impact on the area as follows:
a) The duplicate usage of the
on-site carpark area for on-site sewage management and the resulting reliance
of the on-site sewage system on absorption rather than evaporation;
b) Lack of consideration of the
compacting influence of heavy vehicles on soils within the on-site sewage
system;
c) Lack of adequate design for trade
wastes that may be produced by otherwise permissible uses of the buildings,
and reliance on trade wastes being pumped out;
d) Lack of adequate buffers between
the on-site sewage system and property boundaries, and between it and the
proposed stormwater system;
e) The transfer of storm runoff off
the property at rates and volumes in excess of current rates and volumes,
which already cause flooding downstream on Coachwood Court and on the
properties along it;
2. Pursuant
to Section 4.15(1)(b) the bulk and scale of the proposed buildings,
especially the central building which would dominate the streetscape on
Federal Drive and have an adverse impact on the character of Federal.
3. Pursuant
to Section 4.15 (1)(d) the proposal is not in the public interest having regards
to the number of objections received.
4. Pursuant
to Section 4.15 (1)(e) the proposal is not in the public interest in terms of
the disconnect of this proposal from the Federal Masterplan and its community
process. (Dey/Balson)
|
|
Procedural MotionS
|
22-372
|
Resolved that
Council move into Committee to allow for free debate. (Lyon)
The motion was put to the vote and
declared carried.
Cr Coorey was not present for the vote.
|
22-373
|
Resolved that Council move out of
Committee and resume the Ordinary Meeting. (Lyon)
The motion was put
to the vote and declared carried.
Cr Coorey was not
present for the vote.
|
22-374
|
Resolved:
1. That
a decision on the DA be deferred in the public interest, given the extent of
community opposition, the need to consider social impact and specific queries
raised with the proposal (consistent with section 4.15 of the EPAA 1979 - old
section 79C), and that the developer be requested to conduct a workshop with
invited representatives from the Federal community and the Federal Village
Masterplan Committee.
2. That
a report come back to Council within 28 days to consider the Development
Application including any modifications.
3. That
Infrastructure Services staff assess the drainage system in Coachwood Court
in the next 4 weeks. (Pugh/Swivel)
|
|
Procedural Motion
|
22-375
|
Resolved that
the motion be put. (Lyon/Hunter)
The motion was put to the vote and
declared carried.
Cr Westheimer voted against the
motion.
Cr Coorey was not present for the
vote.
|
The amendment (Pugh/Swivel) was put to
the vote and declared carried.
Crs Westheimer, Ndiaye, and Dey voted
against the amendment.
The amendment upon becoming the
substantive motion was put to the vote and declared carried.
Crs Hunter, Lyon, Swivel, Westheimer,
Balson and Pugh voted in favour of the motion.
Crs Ndiaye and Dey voted against the
motion.
Cr Coorey was not present for the
vote.
Mayoral
Minute
|
Mayoral Minute No. 8.1 Byron Writers
Festival 2022 relocation to Elements of Byron
File No: I2022/1002
|
22-376
|
Resolved that Council:
1. Notes
that Organisers of the Byron Writers Festival as a result of recent weather
events at the North Byron Parklands, have sought to relocate this
year’s festival back to Elements of Byron on 26-28 August 2022. The
timeframe to do this is extremely short.
2. Notes
that, to do this, DA 10.2016.251.4 - S4.55 to Extend Event to 2022 and Modify
Site Layout has been lodged for assessment.
3. Notes
that under A14.3 Public Exhibition and Notification of Applications to Modify
Development Consents and Review Determinations, DA10.2016.251.4 - S4.55 to
Extend Event to 2022 and Modify Site Layout is not required to be placed on
public exhibition or notified.
4. Notes
also that a Traffic Control Plan/Traffic Management Plan has also been
submitted as part of the supporting documents by the applicant which is to be
considered by an extraordinary Local Traffic Committee meeting.
5. Delegates
to the General Manager pursuant to the Local Government Act 1993, the
authority to approve any Minutes issued following the extraordinary Local
Traffic Committee referred to in 4.
6. Notes
that staff have delegation to determine DA10.2016.251.4 - S4.55 to Extend
Event to 2022 and Modify Site Layout once the Minutes from the extraordinary
Local Traffic Committee referred to in 4 have been issued and all other
assessment requirements completed. (Lyon)
The motion was put to the vote and
declared carried.
Cr Coorey was not present for the vote.
|
Notices of
Motion and Rescission
|
Notice of Motion No. 9.2 DA 10.2021.582.1 in
Kumbellin Glen, Ocean Shores
File No: I2022/873
|
22-377
|
Resolved that Council
reverse its decision within Resolution 22-116 of 14 April 2022 in relation to
DA 10.2021.582.1 and bring that DA to a Council Meeting for Determination.
(Dey/Swivel)
The motion was put to the vote and
declared carried.
Crs Hunter, Lyon, Dey, Swivel,
Westheimer and Balson voted in favour of the motion.
Crs Ndiaye and Pugh voted against
the motion.
Cr Coorey was not present for the
vote.
|
Petitions
|
Petition No. 10.1 Petition
- No underground car parks in Brunswick Heads
File No: I2022/939
|
|
The
petition was tabled.
|
Submissions
and Grants
|
Report No. 11.1 AGRN1012
- Natural Disaster $2.375 million - Program of Works
File No: I2022/900
|
22-378
|
Resolved:
1. That
Council endorses the following Program of Works under the $2 million Local
Council Support Package:
a) Natural
Disaster Planner ($220,000)
b) Natural
Disaster Policy Planner ($220,000)
c) Discussion
Paper: ‘After the floods: Working out possibilities together’ ($60,000)
d) Business
and Visitor Economy Strategy ($70,000)
e) South
Golden Beach Resilience Betterment Program ($500,000)
f) Byron
Shire Council Flooding and Drainage Easement Community Education Program
($15,000)
g) Community
Education Strategy and Review of Flood Options ($40,000)
h) Byron
Shire Event Strategy ($50,000)
i) Review
and Update of Byron DCP 2014 Chp ‘C2’ - Areas Affected by Flood
and DCP 2010 Part ‘K’ – Flood Liable Land ($25,000)
j) Byron
Shire Council Drainage Enhancement Program ($390,000)
k) Supporting
Community Resilience and Recovery: Emergency Communications ($90,000)
l) Supporting
Community Resilience and Recovery: Spontaneous Volunteering ($90,000)
m) Northern
Rivers Together – Regional marketing and promotion campaign ($50,000)
n) Project
Managing Community Building Restoration ($180,000)
2. That
Council endorses the following Program of Works under the $375,000 Local
Council Support Package Companion Animals:
a) Animal
Education and Enforcement Officer ($190,000)
b) Companion
Animals Education Program ($60,000)
c) Educational
signage ($95,000)
d) Microgrants
for Byron Dog Rescue, Animal Welfare League Mullumbimby and Pets For Life
Billinudgel ($30,000) (Pugh/Ndiaye)
The motion was put to the vote and
declared carried.
Cr Coorey was not present for the
vote.
|
|
Procedural Motion
|
22-379
|
Resolved that
Council change the order of business to deal with Reports 13.5 and 13.13 next
on the Agenda. (Lyon)
The motion was put to the vote and
declared carried.
Cr Coorey was not present for the
vote.
|
Staff Reports - Sustainable
Environment and Economy
|
Report No. 13.5 Planning
Proposal - 26.2020.2.1 Affordable housing contribution scheme
submissions report
File No: I2022/659
|
22-380
|
Resolved that Council
1. adopts
the planning proposal to amend Byron LEP 2014, together with the Affordable
housing contribution scheme as contained in Attachment 2 (E2022/53312)
2. forwards
the adopted planning proposal and Affordable housing contribution scheme 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 and Environment for notification on the NSW
Government legislation website
4. requests that staff
write to the DPE requesting the NSW government amend the SEPP (Housing) 2021
to specify that any planning proposal lodged to upzone land after the issuing
of a gateway determination for an Affordable Housing Contribution Scheme
applying to the same land, will be subject to that AHCS should the Local
Environmental Plan amendment and Affordable Housing Contribution Scheme come
into effect. (Lyon/Ndiaye)
The motion
was put to the vote and declared carried
Cr Coorey was not present for the
vot.
|
|
Report No. 13.13 DRAFT
North Coast Regional Plan 2041
File No: I2022/941
|
22-381
|
Resolved that Council:
1. Notes
the short period of time and inadequate engagement that Council has been
given to review and comment on the Draft North Coast Regional Plan 2041.
2. Notes
the current North Coast Regional Plan 2036 did not deliver on many key actions
and identified outcomes like – preparation of a Housing and Land
Monitor, to facilitate the supply of more affordable housing, to update to
the Regional and State significant farmland maps for the North Coast, to work
with councils to develop strategic plans, risk management plans and emergency
management actions;
3. Supports
a staff submission being made to the Draft North Coast Regional Plan 2041
that includes, but not limited to commentary as detailed in points 1-12 in
the report - particularly the concerns around the lack of integration of key
data that should help shape this strategy, (and any other issues identified
by councillors): and in response to objective 3: the importance of and need
for regional and sub regional biodiversity corridors to be identified and
mapped across local government areas, and in response to objective 16
the need to augment public transport, active transport (cycling,
walking) opportunities in the region thereby reducing commutes for
workers between Shires;
4. Strongly
supports a request by staff to the Department of Planning that it undertakes
further engagement with Council on our submission prior to the final North
Coast Regional Plan 2041 being released.
5. Advise
the Northern Rivers Reconstruction Corporation of this resolution and ask
them to advocate for the delivery of the region’s needs. (Ndiaye/Lyon)
The motion
was put to the vote and declared carried.
|
|
Procedural Motion
|
22-382
|
Resolved that
Council defer the remainder of the items to the next Ordinary Council
meeting. (Lyon/Westheimer)
The motion was put to the vote and
declared carried.
|
Staff
Reports - General Manager
|
Report No. 13.1 General
Manager Delegation - Procurement
File No: I2022/918
|
|
This
item was deferred to the 25 August Ordinary Meeting.
|
Staff
Reports - Sustainable Environment and Economy
|
Report No. 13.3 PLANNING
- 26.2021.3.1 150 Lismore Road, Bangalow Submissions Report
File No: I2022/554
|
|
This
item was deferred to the 25 August Ordinary Meeting.
|
|
Report No. 13.6 PLANNING
- Use of zipline ancillary to a primitive camping ground
File No: I2022/684
|
|
This
item was deferred to the 25 August Ordinary Meeting.
|
|
Report No. 13.10 Place
Planning Collective Expression of Interest Candidate Selection
File No: I2022/872
|
|
This
item was deferred to the 25 August Ordinary Meeting.
|
|
Report No. 13.12 PLANNING -
Quarter 2 SEPP Variations April to June 2022
File No: I2022/903
|
|
This
item was deferred to the 25 August Ordinary Meeting.
|
Questions
With Notice
|
Question With Notice No. 15.1 Pods
and fill on rail corridor land in Mullumbimby
File No: I2022/948
|
|
Cr Dey asks the
following question:
Residents near the land were notified a
day or two before work began on 11 July to prepare the area for pods to
accommodate flood-displaced people. The site and its surrounding
neighbourhood was flooded in the same flood that displaced those needing
housing in the pods. The work includes many truckloads of fill.
Council resolved on 23 June to note via
Part 1 a) and b) of Resolution 22-290 the many reasons why floodplains
require special attention to avoid filling, including that:
a) fill can prevent the passage of
floodwater during major floods and may thus raise flood levels upstream of
the fill site;
b) fill occupies airspace that would
otherwise attenuate flooding further downstream.
1. When we
suggested this site to Resilience NSW, did we advise them:
a) that the land was flood-prone and
that the 2022 flood levels were above the level of the adjacent railway
embankment?
b) that the surrounding
neighbourhood had been flooded with water entering many houses?
c) that some occupants of those
houses remain anxious about future flooding, for their own sakes and now also
for the incoming pod occupants?
2. did we advise Resilience NSW
about the impacts of placing fill on floodplains and that it raises flood
levels including downstream (eastwards) due to loss of flood storage, ie of
flood attenuation?
3. c) fill
sends runoff outwards from the fill footprint, often onto neighbouring
properties.
4. did we suggest to Resilience NSW
that, if no suitable government land was available in the Shire, they may
have to secure suitable private land (ie land that is not flood-prone)?
5. did we suggest to Resilience NSW
that, if they chose to use this site, they should prepare an Emergency Plan
in case the 2022 floods were repeated in 2023 or 2024 (including plans to
manage evacuation of occupants during a flood event and of their vehicles
before one)?
Response Director Sustainable Environment and Economy:
Council staff have been meeting regularly with Department
of Planning and Resilience NSW staff and working to advocate for the best
possible outcomes in the Byron Shire since the Feb/March 2022 Flood Events.
Council staff identified a range of possible sites on
Council and Crown land for temporary housing across the Shire. The
Department of Planning and Resilience NSW staff then selected the preferred
sites. Each site was mapped for constraints (including flood), services,
proximity to an existing town or village. The site also had to be available
now. Only sites that met the criteria have been progressed.
Resilience NSW indicated that it was not interested in
considering sites that were not publicly owned at this time.
Flooding was included as a part of the discussion when
staff worked with Resilience NSW to evaluate the Transport Asset Holding
Entity (TAHE) site in Mullumbimby. Resilience staff are aware that the
surrounding neighbourhoods experienced flooding, that the site is mapped as
flood prone, and have communicated to Council staff that they are aware of
the anxieties surrounding future flooding in Mullumbimby more broadly.
Preliminary discussions between Council staff and
Resilience NSW indicated that the pods on the TAHE site at Mullumbimby would
be individually piered, however it is understood from recent conversations
with Resilience NSW that the design details are not yet finalised for the
site.
Recent advice from Resilience NSW states that “Flood
safety for the community and for residents is a priority and site design will
account for the flood prone nature of the site and surrounding land. Detailed
design work is currently in progress to determine the most appropriate way of
accommodating homes on the site and to ensure temporary housing units at the
Mullumbimby temporary house site are installed above flood levels. All
sites, including Mullumbimby, will have emergency management plans in place
to ensure the safety of residents.”
As the site is owned by TAHE, and the works are managed by
Resilience NSW, Council’s role is limited for this site.
Council staff met with
representatives from the Northern Rivers Reconstruction Corporation,
Resilience NSW, Public Works Authority and the Department of Planning and
Environment on Friday 29 July to discuss issues raised by the Mullumbimby
community, and advocate for increased clarity and communication from
Resilience NSW in relation to the site.
Following this meeting, it is expected that Resilience NSW
will create an FAQ document that answers some of the most common questions
relating to the site and include this with further communication to adjoining
residents with the support of the Northern Rivers Reconstruction
Corporation.
|
|
Question With Notice No. 15.2 Splendour
in the Grass operations
File No: I2022/923
|
|
Cr Dey asks the
following question:
Along with up to 58,000 suffering
patrons, Byron Shire suffered the impacts of Splendour on the weekend of 22
to 24 July 2022. Approval of the enormity of the event was given by the
NSW Government, not Council.
1. does
the Regulatory Working Group that was set up under earlier Consent Conditions
still exist?
2. if it does, are there community
or Councillor members on the RWG, as there were under the earlier Consent
Conditions?
3. if so,
has Council failed to appoint a Councillor?
4. does
Council receive post-event reports from Splendour or from the RWG?
Response Director Sustainable Environment and
Economy:
In March 2019, the NSW Independent Planning Commission
granted Development Consent for undertaking a number of events on a permanent
basis at the North Byron Parklands venue. These consent conditions also
required the establishment of a Regulatory Working Group (RWG).
In particular, the Development Consent allows for the
following events:
![](PLAN_11082022_MIN_1486_files/image003.jpg)
The Development Consent D18 also requires the
establishment of a RWG to oversee the environmental performance and community
relations with respect to events held at the venue.
Responses to questions raised are provided below:
1. does the
Regulatory Working Group that was set up under earlier Consent Conditions
still exist?
North Byron Parklands RWG has been
operating for many years to review environmental management and community
relations. Members include the NSW Police, Byron Shire Council, Tweed Shire
Council, Roads and Maritime Services, Rural Fire Service, State Emergency
Service, Office of Environment and Heritage and National Parks and Wildlife
Service. A community representative from both Tweed and Byron local
government areas also sits on the RWG and are appointed by their respective
Councils through an expression of interest process.
The RWG also reviews any community
concerns or complaints with respect to environmental management and community
relations. There are agreed Terms of Reference to guide members of the RWG
can be found here: Microsoft
Word - RWG ToR Final - June 2019.doc (northbyronparklands.com)
The last RWG meeting was held in September 2019. Minutes
can be found here: RWG
Minutes DRAFT 070417 (northbyronparklands.com)
2. if
it does, are there community or Councillor members on the RWG, as there were
under the earlier Consent Conditions?
Yes, there are councillor and community members on the RWG
as per council resolution.
Councillor representation
22-030 Resolved that Council: i) North Byron Parklands
Regulatory Working Group Cr Swivel.
Prior to this Councillor representatives
were Councillors Cameron, Hunter, and Mayor Richardson.
Community representation
Council receives a request from North Byron Parklands to
proceed with the process of nominating Regulatory Working Group Community
Representatives (at the end of member 2-year terms).
19-587 Resolved that Council nominates the
community representative in Confidential Attachment 1 (Chris Hauritz) for
appointment to the North Byron Parklands Regulatory Working Group (RWG) for a
two year term.
Two years have passed since the appointment, however a
request for a new appointment has yet to be received from North Byron
Parklands, likely due to the disruption of COVID to the festival and event
industry.
Relevant council staff also attend these
meetings.
3. if so, has
Council failed to appoint a Councillor?
As per response above.
4. does Council receive
post-event reports from Splendour or from the RWG?
Delegates reports are
ordinarily presented by the Councillor representative on the RWG post
meetings at the next available Council meeting. All relevant
documentation is otherwise publicly available on the North Byron Parklands
web page North Byron
Parklands Regulatory Working Group
|
There being no further business the meeting concluded at 7.01pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary (Planning) Meeting on 8 September 2022.
![](PLAN_11082022_MIN_1486_files/image004.jpg)
….…………………………
Mayor Michael Lyon