Minutes
Ordinary (Planning) Meeting
Thursday, 13 October 2022
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes
13 October 2022
The following items are listed in the order in which they were dealt with.
Report No. 13.1 PLANNING - Amendments to Byron Development Control Plan 2014
Report No. 13.3 PLANNING - Amendments to Byron Local Environmental Plan 2014
Notice of Motion No. 9.1 Council report to NRPP on Linnaeus DA 10.2021.170.1
Report No. 13.5 PLANNING - Planning Proposal - 26.2021.6.1 - 103 Yagers Lane, Skinners Shoot
No. 8.1 Byron Community Market parking assistance
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 13 October 2022
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 13 October 2022 COMMENCING AT 11.09AM AND CONCLUDING AT 4.22PM.
I2022/1413
PRESENT: Cr M Lyon (Mayor), Cr S Balson, Cr D Dey, Cr A Hunter, Cr S Ndiaye, Cr A Pugh, and Cr P Westheimer
Staff: Mark Arnold (General Manager)
Esmeralda Davis (Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Chris Larkin (Manager Sustainable Development) – Item 13.1, 13.3, 13.4
Renan Solatan (Development Engineer) – Item 13.4
Ralph James (Legal Counsel)
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.
Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:
Public Access
Report No. and Title |
Name |
For/ Against |
Representing Organisation |
Submission Received in form of |
|
13.3 |
PLANNING - Amendments to Byron Local Environmental Plan 2014 |
Robin Ormerod |
For |
Wategos Beach Protection Association |
In person |
13.1 |
PLANNING - Amendments to Byron Development Control Plan 2014 |
Oliver Dunne |
For |
Wategos Beach Protection Association |
In person |
13.2 |
PLANNING - S4.55(2) 10.2018.534.2 –Retrospective modification to change the approved height of an approved dual occupancy and minor internal changes |
Jim Kalokerinos |
For |
Self |
In person |
Michelle Roesler |
Self |
In person |
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Dwayne Roberts |
Against |
Ardill Payne and Partners |
In person |
||
13.4 |
PLANNING - 10.2021.582.1 Demolition of Existing Dwelling and Construction of Multi Dwelling Housing comprising of Six (6) Dwellings at 8 Kumbellin Glen Ocean Shores |
John Frank Fraser Walters |
Against |
Residents of Kumbellin Glen and other concerned Byron Shire residents |
In person |
Shane Sylvanspring |
Ocean Shores Residents Group |
In person |
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13.6 |
PLANNING - 10.2022.389.1 Temporary use of land in the Byron Rail Corridor to undertake a pop-up Information and Education Facility and associated temporary structures from Wednesday 26 October 2022 to Monday 31 October 2022 in association with the annual Byron Bay Film Festival and to hold similar events in 2023 and 2024 |
J'aimee Skippon-Volke |
For |
Byron Bay Film Festival |
In person |
The meeting adjourned at 12.00pm
for a short break and reconvened at 12.29pm.
Cr Coorey was an apology in accordance with her earlier approved leave of absence (Resolution No. 22-476).
|
Procedural Motion |
Resolved that the apology from Cr Swivel be accepted and a leave of absence for the 13 October 2022 Ordinary (Planning) Meeting be granted. (Lyon/Balson) The motion was put to the vote and carried unanimously. |
Applications to Attend by Audio-Visual Link
There were no applications to attend by audio-visual link.
|
Procedural Motion |
Resolved that Cr Hunter be granted a leave of absence from the 27 October 2022 Ordinary Council Meeting. (Lyon/Balson) The motion was put to the vote and carried unanimously. |
Declarations of Interest – Pecuniary and Non-Pecuniary
There were no declarations of interest.
Tabling of Pecuniary Interest Returns
In accordance with clause 4.9 of the Code of Conduct, Annual
Returns of Interests of Councillors and Designated Staff for the period 2021 to
2022 were tabled.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the Ordinary (Planning) Meeting held 8 September 2022 be confirmed (Hunter/Lyon) The motion was put to the vote and carried unanimously. |
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
Report No. 13.1 PLANNING - Amendments to Byron Development Control Plan 2014
Report No. 13.3 PLANNING - Amendments to Byron Local Environmental Plan 2014
Report No. 13.5 PLANNING - Planning Proposal - 26.2021.6.1 - 103 Yagers Lane, Skinners Shoot.
The remaining Recommendations and
Committee Recommendation were adopted as a whole, being moved by Cr Hunter and
seconded by . Each recommendation is recorded with a separate resolution number
commencing at Resolution No. 22-550 and
concluding with Resolution No. 22-552 .
|
Report No. 13.2 PLANNING - S4.55(2) 10.2018.534.2 – Retrospective modification to change the approved height of an approved dual occupancy and minor internal changes. File No: I2022/743
|
Resolved pursuant to Section 4.55 of the Environmental Planning & Assessment Act 1979, that Application No. 10.2018.534.2, for S4.55 to Modify Height of Dwelling Number 2 and Internal Changes, be refused for the following reasons: 1. Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the modified development is inconsistent with the Objectives of Clause 4.3 Height of Buildings in Byron Local Environmental Plan 2014. 2. Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the modified development is inconsistent with the Objectives of the R2 Low Density Residential zone. 3. Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the modified development is inconsistent with the Objectives and Performance Criteria of Byron Development Control Plan 2014, Parts D1.2.4, D1.5.2, E5.8.3 and E5.8.4. 4. Pursuant to
Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979,
the proposed modification is likely to set un undesirable precedent if
approved and is contrary to the public interest. (Lyon/Ndiaye) |
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 13.1, 13.3, and 13.4 next on the Agenda. (Lyon/Hunter) The motion was put to the vote and carried unanimously. |
Staff Reports - Sustainable Environment and Economy
Crs Hunter, Lyon, Ndiaye, Dey, Westheimer, Balson and Pugh voted in favour of the motion.
Nil voted against the motion.
The meeting adjourned at 1.22pm for a lunch break and reconvened at 2.07pm.
|
Procedural Motion |
Resolved that Cr Westheimer be granted a two minute extension to his speech. (Lyon/Westheimer) The motion was put to the vote and carried unanimously. |
|
Report No. 13.4 PLANNING - 10.2021.582.1 Demolition of Existing Dwelling and Construction of Multi Dwelling Housing comprising of Six (6) Dwellings at 8 Kumbellin Glen Ocean Shores File No: I2022/1099
|
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Moved that pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2021.582.1 to demolish an existing dwelling house and to construct a multi dwelling housing development containing 6 dwellings, be granted consent subject to conditions in Attachment 2 and the following amended conditions being inserted in the appropriate order to reduce the number of dwellings to 5. Insert the following deferred Commencement conditions CONDITIONS OF CONSENT:
Amend Condition 22 to read
Amend Schedule 4 Notes pertaining to ET charges and s7.11 Contributions as follows:
|
Cr Pugh left the Chambers at 03:04 Pm and did not return.
|
Procedural Motion |
Resolved that Cr Dey be granted a two minute extension to his speech. (Dey/Lyon) The motion was put to the vote and carried unanimously Cr Pugh was not present for the vote. |
AMENDMENT
Resolved that pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2021.582.1 to demolish an existing dwelling house and to construct a multi dwelling housing development containing 6 dwellings, be granted consent subject to conditions in Attachment 2. (Hunter/Balson) |
The amendment (Hunter/ Balson) was put to the vote and declared carried.
Crs Westheimer and Dey voted against the amendment.
Cr Pugh was not present for the vote.
The amendment upon becoming the substantive motion was put to the vote and declared carried.
Crs Hunter, Lyon, Ndiaye and Balson voted in favour of the motion.
Crs Dey and Westheimer voted against the motion.
Cr Pugh was not present for the vote.
Staff Reports - Sustainable Environment and Economy
Crs Hunter, Lyon, Ndiaye, Dey, Westheimer and Balson voted in favour of the motion.
Nil voted against the motion.
Cr Pugh was not present for the vote.
|
Procedural Motion |
22-561 |
Resolved that the vote on Resolution 22-552 be recommitted (Lyon/Westheimer) The motion was put to the vote and carried unanimously Cr Pugh was not present for the vote. |
|
Report No. 13.7 PLANNING - 26.2022.8.1 - Planning Proposal for an amendment to Byron Local Environmental Plan 2014 to permit events on certain Council owned land at 249 Ewingsdale Road, Ewingsdale (Cavanbah Centre) File No: I2022/1300
|
1. That Council proceeds with a planning proposal as attached to this report (Attachment 1) that seeks to amend Byron LEP 2014 to permit events on certain Council owned land at 249 Ewingsdale Road without the need to obtain development consent;
2. Forward the planning proposal to the NSW Department of Planning and Environment for a gateway determination;
3. That Council, pending a positive gateway determination, undertakes public exhibition of the planning proposal in accordance with the determination requirements;
4. That Council considers a submissions report post exhibition that includes any recommended changes to the planning proposal for final adoption. The motion was put to the vote and carried unanimously. |
Crs Hunter, Lyon, Ndiaye, Dey, Westheimer and Balson voted in favour of the motion.
Nil voted against the motion.
Cr Pugh was not present for the vote.
Mayoral Minute
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No. 8.1 Byron Community Market parking assistance
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1. That Byron Community Market stallholders be exempt from permissive and paid parking requirements in Cowper St, north of Carlyle St, for the remainder of their tenure on the Byron foreshore (Reserve 82000). 2. Request staff to facilitate the appropriate permits and approvals to enable point 1. (Lyon/Ndiaye) The motion was put to the vote and carried unanimously Cr Pugh was not present for the vote. |
There being no further business the meeting concluded at 4.22PM.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 10 November 2022.
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….…………………………
Mayor Michael Lyon