Minutes
Ordinary (Planning) Meeting
Thursday, 10 November 2022
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes
10 November 2022
The following items are listed in the order in which they were dealt with.
Report No. 13.5 PLANNING - Report of the Planning Review Committee held 6 October 2022
Report No. 13.7 PLANNING - Quarter 3 SEPP Variations July to September 2022
Notice of Motion No. 9.1 Bring Julian home; drop the charges
Report No. 13.9 Revised Constitution of Climate Change and Resource Recovery Advisory Committee
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 10 November 2022
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 10 November 2022 COMMENCING AT 9.06AM AND CONCLUDING AT 1.10PM
I2022/1615
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 (Acting Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Ralph James (Legal Counsel)
Chris Larkin (Manager Sustainable Development) – Items 13.1, 13.2, 13.3, 13.4, 13.10
Ivan Holland (Planner) – Item 13.2
Patricia Docherty (Planner) – Item 13.3
Dylan Johnstone (Development Investigations Lead) – Item 13.3
Scott Moffett (Flooding and Drainage Engineer) – Item 8.1
Steve Denize (Senior Planner) - Item 13.10
Amber Evans Crane (Minute Taker)
The Mayor opened the meeting and acknowledged
that the meeting is being held on Arakwal Country and that we pay our respects
to the elders past and present and extend our respect to the Bundjalung clans
whose lands and waters are part of the Shire.
Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:
Public Access
Report No and Title |
Name |
For/ Against |
Representing |
Submission Received in form of |
|
9.1 |
Bring Julian home; drop the charges |
Derek Spice |
For |
Assange Action Group |
In person |
Roy Edward Drew |
Northern Rivers NSW 4 Assange |
Zoom |
|||
13.1 |
PLANNING - 10.2020.483.1 Staged Development: Stage 1: Farm Cafe, Stage 2: Tourist & Visitor Accommodation Comprising Six (6) Cabins, Swimming Pool |
Jack Dods |
For |
N/A |
In person |
Luke Houghton |
Balanced Systems Planning Consultants |
In person |
|||
13.2 |
PLANNING - 10.2020.513.1 Alterations and Additions to Existing Motel including Five (5) Additional Guest Rooms, Restaurant/Bar, Swimming Pool and Car Parking Spaces at 84 Harbour Way BRUNSWICK HEADS
|
Kate Singleton |
Against |
Planners North |
In person |
13.3 |
PLANNING - 10.2021.212.1 Temporary Use - Rural Function Centre at 36 Keys Road, Coorabell |
Jane Magnus |
For |
Byron Events Industry Association |
In person |
13.4 |
PLANNING - DA 10.2022.36.1 - Tourist and Visitor Accommodation Comprising 12 Holiday Cabins and Ancillary Recreation Building |
Timothy Gotterson |
For |
Lawlers Lane residents |
In person |
Ralph Mamone |
Against |
Self |
In person |
||
13.6 |
PLANNING - 10.2021.752.1 - Demolition of Existing Dual Occupancy and Ancillary Structures, New Dual Occupancy (Attached), Two (2) Swimming Pools, Removal of Two (2) Trees and Strata Subdivision - 140 Alcorn Street, Suffolk Park |
Jack Dods |
For |
Self |
In person |
13.10 |
PLANNING - 10.2021.619.1 Demolition of Existing Structures and Construction of Multi Dwelling Housing comprising of Four (4) Dwellings and Strata Subdivision at 99 Station Street - Mullumbimby |
Stephen Connelly |
For |
Consulting Planner |
In person |
James Cressey |
East Assets Group |
In person |
|||
Kerry Gray |
Against |
Self |
In person |
The meeting adjourned at 10.10am for a lunch break and reconvened at 10.31am.
Crs Coorey and Swivel were apologies in accordance with their previously granted leave of absence, resolution numbers 22-476 and 22-563.
Applications to Attend by Audio-Visual Link
Cr Balson attended the meeting via audio-visual link in accordance with resolution number 22-474.
There were no requests for a leave of absence
Declarations of Interest – Pecuniary and Non-Pecuniary
There were no declarations of pecuniary or non-pecuniary interests.
Tabling of Pecuniary Interest Returns
There were no Pecuniary Interest Returns tabled.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the Ordinary (Planning) Meeting held 13 October 2022 be confirmed. (Lyon/Westheimer) 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
Sustainable Environment and Economy
Report No. 13.1 PLANNING - 10.2020.483.1 Staged Development: Stage 1: Farm Cafe, Stage 2: Tourist & Visitor Accommodation Comprising Six (6) Cabins, Swimming Pool
Report No. 13.2 PLANNING - 10.2020.513.1 Alterations and Additions to Existing Motel including Five (5) Additional Guest Rooms, Restaurant/Bar, Swimming Pool and Car Parking Spaces at 84 Harbour Way BRUNSWICK HEADS
Report No. 13.3 PLANNING - 10.2021.212.1 Temporary Use - Rural Function Centre at 36 Keys Road, Coorabell
Report No. 13.4 PLANNING - DA 10.2022.36.1 - Tourist and Visitor Accommodation Comprising 12 Holiday Cabins and Ancillary Recreation Building
Report No. 13.9 Revised Constitution of Climate Change and Resource Recovery Advisory Committee
Report No. 13.10 PLANNING - 10.2021.619.1 Demolition of Existing Structures and Construction of Multi Dwelling Housing comprising of Four (4) Dwellings and Strata Subdivision at 99 Station Street - Mullumbimby
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Lyon and seconded by Cr Westheimer. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 22-617 and concluding with Resolution No. 22-620.
Staff Reports - Sustainable Environment and Economy
|
Report No. 13.6 PLANNING - 10.2021.752.1 - Demolition of Existing Dual Occupancy and Ancillary Structures, New Dual Occupancy (Attached), Two (2) Swimming Pools, Removal of Two (2) Trees and Strata Subdivision - 140 Alcorn Street, Suffolk Park File No: I2022/1436
|
Resolved that demolition of existing dual occupancy and ancillary structures, new dual occupancy (attached), two (2) swimming pools, removal of two (2) trees and strata subdivision, be granted consent subject to the conditions in Attachment 4 (#E2022/101359). (Lyon/Westheimer) The motion was put to the vote and carried unanimously. Crs Hunter, Lyon, Ndiaye, Dey, Westheimer, Balson and Pugh voted in favour of the motion. Nil voted against the motion. |
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 13.4, 9.1, 13.1, 13.2, 13.3 and 13.10 next on the Agenda. (Lyon) The motion was put to the vote and carried unanimously. |
Notices of Motion
|
Procedural Motion |
Resolved that Cr Ndiaye be granted a one minute extension to her speech. (Lyon) The motion was put to the vote and carried unanimously. |
The motion (Dey/Ndiaye) was put to the vote and carried.
Cr Hunter voted against the motion.
Staff Reports - Sustainable Environment and Economy
|
Report No. 13.1 PLANNING - 10.2020.483.1 Staged Development: Stage 1: Farm Cafe, Stage 2: Tourist & Visitor Accommodation Comprising Six (6) Cabins, Swimming Pool File No: I2022/893
|
Resolved that pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2020.483.1 for Staged Development: Stage 1: Farm Cafe, Stage 2: Tourist & Visitor Accommodation Comprising Six (6) Cabins, Swimming Pool, be granted Deferred Commencement in accordance with recommended conditions of consent attached to this report. (Westheimer/Lyon) The motion was put to the vote and carried unanimously. Crs Hunter, Lyon, Ndiaye, Dey, Westheimer, Balson and Pugh voted in favour of the motion. Nil voted against the motion. |
|
Report No. 13.2 PLANNING - 10.2020.513.1 Alterations and Additions to Existing Motel including Five (5) Additional Guest Rooms, Restaurant/Bar, Swimming Pool and Car Parking Spaces at 84 Harbour Way BRUNSWICK HEADS File No: I2022/847
|
a. reduced the development to a two storey form by i. drop Guest Room 23 one level to replace the Cabana; ii. remove lofts from Guest Room 15 and 16 and setback a much greater distance from the street (Harbour Way) iii. remove the north-eastern “private roof terrace” or setback a much greater distance from the street (Harbour Way) b. The front fence to Harbour Way to be further setback from the boundary to enable sufficient area for landscaping on the subject property. c. Remove terrace associated with ‘bar’ d. Relocate restaurant terrace to the south of the inside dining area (current location of ‘bar’) and/or further set-back from the street front e. Remove and/or further setback terraces from the street front. Consider use of softer materials for balustrade(upper) component of terrace walls f. Additional landscaping (of appropriate size in relation to development) to be placed in the increased street (Harbour Way) setback area to screen/soften street presentation of terraces and building g. Further setback the roof terrace above the restaurant and reduce in area to minimise visual impact on the streetscape. h. consider moving the parking in Fawcett Street westward, if advised by the applicants arborist that the tree will be impacted by the current layout 2. The Application be delegated to staff for determination following receipt and assessment of the amended plans provided they satisfactorily address the matters raised in point 1 above. (Lyon/Dey) The motion was put to the vote and carried unanimously. Crs Hunter, Lyon, Ndiaye, Dey, Westheimer, Balson and Pugh voted in favour of the motion. Nil voted against the motion. |
|
Report No. 13.10 PLANNING - 10.2021.619.1 Demolition of Existing Structures and Construction of Multi Dwelling Housing comprising of Four (4) Dwellings and Strata Subdivision at 99 Station Street - Mullumbimby File No: I2022/1511
|
|
Procedural Motion |
Resolved that this matter (13.10) rest on the table. (Lyon/Dey) The motion was put to the vote and carried unanimously. |
|
Procedural Motion |
Resolved that Cr Lyon be granted a two minute extension to his speech. (Lyon) The motion was put to the vote and carried unanimously. |
The motion (22-629) was put to the vote and carried unanimously.
Cr Ndiaye gave a report on the Rous County Council Reconciliation Action Plan Advisory Committee Meeting last Friday.
Cr Pugh noted that the Richmond Tweed Regional Library Mobile Library Service was announced as the winner of the NSW Public Libraries Association Innovation in Outreach Award.
Cr Ndiaye gave a report on the Ingenuity Small Sculpture Prize night.
Cr Lyon gave a report on the Shearwater Wearable Arts Show.
Staff Reports - Sustainable Environment and Economy
AMENDMENT
The amendment was put to the vote and declared carried
Crs Ndiaye, Balson, and Dey voted against the amendment.
The amendment upon becoming the substantive motion was put to the vote and declared carried
Crs Balson and Dey voted against the motion.
|
Procedural Motion |
Resolved that Report No. 13.10 be lifted from the table. (Lyon) The motion was put to the vote and carried unanimously. |
There being no further business the meeting concluded at 1.10pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 8 December 2022.
….…………………………
Mayor Michael Lyon