Minutes
Ordinary (Planning) Meeting
Thursday, 9 February 2023
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes
9 February 2023
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 Submissions Report
Report No. 13.2 PLANNING - Rural Community Title DCP 2014 Chapter D2 amendments - submissions report
Report No. 13.5 PLANNING - Quarter 4 SEPP Variations October to December 2022
Notice of Motion No. 9.2 Consult about local impacts of 2023 Triathlon..
Notice of Motion No. 9.3 Expression of Interest for land for a Natural Burial Ground
Notice of Motion No. 9.1 Timing of removal of fill on bank of Marshalls Creek
Notice of Motion No. 9.1 Timing of removal of fill on bank of Marshalls Creek
Question With Notice No. 14.1 Upgrades on Main Arm Road
Question With Notice No. 14.2 Triathlon sponsor’s not-for-profit status.
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 9 February 2023
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 9 February 2023 COMMENCING AT 11:06AM AND CONCLUDING AT 3:29PM
I2023/132
PRESENT: Cr M Lyon (Mayor), Cr C Coorey, 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 (Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Ralph James (Legal Counsel)
Storm Townsend/ Amber Evans Crane (Minute Taker)
Chris Larkin (Manager Sustainable Development)
Annie Lewis (Media Communication Coordinator) – Item 9.2
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 |
|
9.2 |
Consult about local impacts of 2023 Triathalon |
Mike Crawley |
Against |
NXsports Community Foundation Ltd |
In person |
9.3 |
Expression of Interest for land for a Natural Burial Ground |
Jeanette Martin & Carol Gamble |
For |
Natural Burial Grounds Steering Group |
In person |
13.2 |
PLANNING - Rural Community Title DCP 2014 Chapter D2 amendments - submissions report |
Avital Sheffer |
For |
Northern Rivers Intentional Communities NRIC |
In person |
|
Procedural Motion |
Resolved that the apology from Cr Balson be accepted and a leave of absence granted. (Lyon/Dey) The motion was put to the vote and carried unanimously. |
Applications to Attend by Audio-Visual Link
There were no applications to attend via audio-visual link.
|
Procedural Motion |
Resolved: that Cr Hunter be granted a leave of absence from the 23 February 2023 Ordinary Council Meeting (Lyon/Coorey) 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
There were no Pecuniary Interest Returns tabled.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the Ordinary (Planning) Meeting held 8 December 2022 be confirmed. (Westheimer/Pugh) 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. 13.3 Memorandum of Understanding between Byron Shire Council and The Transport Asset Holding Entity of NSW (TAHE)
Report No. 13.4 PLANNING - DA 10.2022.193.1 - Torrens Title Subdivision of Two (2) Lots into Two (2) Lots 11 Argyle Street MULLUMBIMBY
Infrastructure Services
Report No. 13.7 Planning agreement for the dedication of land at Bayside 15 Torakina Road, Brunswick Heads
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. 23-004 and concluding with Resolution No. 23-007.
SUSTAINABLE ENVIRONMENT AND ECONOMY – DIRECTOR’S REPORTS
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 9.2 and 9.3 next on the Agenda. (Lyon) The motion was put to the vote and carried unanimously. |
There was no Mayoral Minute.
Petition No. 10.1 Petition – Upper Main Arm Pothole Petition
File No: E2023/14596
The Mayor tabled a petition containing 102 signatures.
Notice of Motion No. 9.1 Timing of removal of fill on bank of Marshalls Creek
File No: I2023/95
|
Procedural Motion |
Resolved that this matter rest on the table. (Lyon) The motion was put to the vote and carried unanimously. |
There were no Delegates Reports.
The meeting adjourned at 1:00pm for a lunch break and reconvened at 1.47 PM.
The General Manager did not return at this time and the Director Sustainable Environment and Economy acted as General Manager in his absence.
The General Manager returned to the Chambers at 1:49 PM.
|
Procedural Motion |
Resolved that Notice of Motion No. 9.1 be lifted from the table. (Lyon) The motion was put to the vote and carried unanimously. |
Staff Reports - Sustainable Environment and Economy
|
Notice of Motion No. 9.1 Timing of removal of fill on bank of Marshalls Creek File No: I2023/95
|
|
1. Notes: a) that large amounts of fill were placed in about October and November 2022 on the bank of Marshalls Creek at 295 Pocket Road, The Pocket; b) a Stop Work Order was issued in November 2022; c) a Restore Works Order was issued on 7 December 2022 to restore the area back to its original condition by 7 April 2023; d) Council have unknowingly disposed of material which has ended up on the site; and e) that we are now in this region’s wet season, when floods are most likely and erosion of the material into Marshalls Creek is thus more likely than usual. 2. Seeks advice from two sources, (i) from Council’s Legal Services Team or from Council’s external legal services provider and (ii) relevant state government departments, on: a) whether fill of the quantum and location filled in this case could ever gain approval to be placed, b) if so, what state or other referrals would be made and what conditions might come back as requirements for the project, c) whether such conditions can be achieved after the event as is the case here, d) whether retrospective approval is possible, and e) if approval can never be gained, why not. (Dey/Ndiaye) |
|
Procedural Motion |
Resolved that Cr Dey be granted a two minute extension to his speech. (Lyon) The motion was put to the vote and carried unanimously. |
AMENDMENT
Cr Ndiaye left the Chambers at 2:48 PM and did not return.
Crs Swivel, Pugh, Westheimer and Dey left the meeting at 3:15pm.
The meeting adjourned due to lack of quorum at 3.15pm for 3 minutes and reconvened at 3.18pm.
Councillors present Lyon, Hunter, Coorey, Westheimer and Dey.
Crs Swivel and Pugh did not return to Chambers.
Staff Reports - Infrastructure Services
|
Question With Notice No. 14.1 Upgrades on Main Arm Road File No: I2023/98
|
|
Cr Duncan Dey asks the following question: Council’s press release on 9 September 2022 announced: “Major roadworks on Main Arm Road are due to start on 12 September 2022. “Council has received $3.45 million in grant funding from Transport for NSW to improve safety for people travelling on Main Arm Road, especially the section from Mullumbimby to Sherrys Bridge. “Additional funding of $1.3 million from the NSW Government will allow for reconstruction work on the one-kilometre section of Main Arm Road, west of Sherrys Bridge. This work will commence early in 2023, weather permitting”. More details can be found at: https://www.byron.nsw.gov.au/Services/Roads-and-parking/Road-works-and-closures/Main-Arm-road-improvements While these roadworks are very welcome, they are not flood related. There remains fundamental flood-proofing measures that need attention on Main Arm Road. One of these bridges sits between the two sections of Main Arm Road that received these grants: 1. at what stage will the inadequacy of the waterway opening beneath Williams Bridge to withstand the 2022 flood be reported to higher authorities, who must then ensure the waterway is enlarged before a repeat flood causes a repeat washout of the approach embankments? 2. will the adequacy or otherwise in the waterway area beneath Sherrys Bridge be examined as part of the design for $1.3million grant for reconstructing the flood-prone section of Main Arm Road west of the Bridge, given that raising the road will likely exacerbate the inadequacy? In addition, the proposed roadworks match a 6 km route that should but doesn’t yet support safe cycling. Community in Main Arm have put together a concept design for a 1.5km cycle route on low-use and closed roads to bypass the dangerous section of Main Arm Road (west of Coopers Lane and past Settlement Road). The 6km route funded by the two grants could make cycling feasible on this important and desirable route from Mullumbimby to Main Arm: 3. do the two upgrades include provision for cycling, either on or off road? 4. If not, can one or both of the designs be upgraded to include provisions for cycling? Response Director Infrastructure Services: 1. Staff have not made comment to suggest the damage that occurred to Williams Bridge in 2022 was caused by inadequacy of the waterway opening beneath Williams Bridge. Staff had indicated previously that a review could be undertake however funding has not been available to resource this. Therefore, staff have not proposed any reporting to higher authorities at this stage.
The scour repairs completed are considered to be the permanent solution and provide a similar waterway area to pre-2022. Should Council wish to investigate the adequacy of the waterway opening beneath Williams Bridge, funding would need to be provided to engage a consultant to model and provide a report. Professional advice based on modelling is required before the waterway opening could be considered inadequate. 2. The flood modelling completed to date for this section of road includes the waterway area beneath Sherry’s Bridge. All future modelling will also consider the waterway area beneath Sherry’s Bridge. 3. All civil road works completed by Council consider provisions for cycling. Design and construction outcomes hinge upon; design standards, site constraints, project funding amounts and any funding constraints if grant funded. Where feasible improvements will be made, where not feasible no worsening will be made. |
There being no further business the meeting concluded at 3:29 PM.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 9 March 2023.
….…………………………
Mayor Michael Lyon