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)

Committee members are reminded that they should declare and manage all conflicts of interest in respect of any matter on this Agenda, in accordance with the Code of Conduct.

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 4.1

Staff Reports - Sustainable Environment and Economy

Report No. 4.1 Housing Initiative and Project Updates

Directorate: Sustainable Environment and Economy

Report Author: Shannon Burt, Director Sustainable Environment and Economy

Natalie Hancock, Senior Planner

Andrew FitzGibbon, Place Planning Coordinator

File No: I2023/286

Summary:

Relevant staff will attend to provide verbal updates to the Housing and Affordability Advisory Committee on current housing initiatives and projects being progressed by Council, including:

· Affordable Housing Contributions Scheme

· Mullumbimby Hospital Site redevelopment

· After the Flood Discussion Paper

· Residential Strategy Refresh

· Action 21 Rural Land Use Strategy

· Short Term Rental Accommodation Planning Proposal and IPC public hearing

RECOMMENDATION:

That the Housing and Affordability Advisory Committee notes the update on current initiatives and projects being progressed by Council staff.

Attachments:

1 Special Disclosure of Pecuniary Interest Annexure for matters relating to environmental planning instruments, E2012/2815 , page 19 ⇩

Report

Affordable Housing Contributions Scheme

Affordable Housing Contribution Scheme - Byron Shire Council (nsw.gov.au)

The Affordable Housing Contribution Scheme https://www.byron.nsw.gov.au/files/assets/public/hptrim/land-use-and-planning-planning-affordable-housing-contribution-scheme-sepp-70-key-records/affordable-housing-contribution-scheme-adopted-by-council-11-august-2022-26.2020.2.1.pdfis in effect following the amendment to Byron Local Environmental Plan LEP 2014. Byron Shire is the first council outside the greater metropolitan area to achieve a scheme.

This Scheme applies to certain land in Mullumbimby, Bangalow, and Byron Bay. It will help supply affordable rental housing when that land is upzoned.

Mullumbimby Hospital Site

Mullumbimby Hospital redevelopment - Byron Shire Council (nsw.gov.au)

Council considered Report No. 13.16 Former Mullumbimby Hospital - Land Use and Development Planning Update Agenda of Ordinary Meeting - Thursday, 15 December 2022 (infocouncil.biz) and Resolved 22-737 that Council:

1. Thanks all community members who gave feedback during the consultation period on the draft Site Strategy and Urban Design Protocol.

2. Notes that submissions have been used to improve the exhibited document and will be used as inputs into future planning and design stages.

3. Endorses the revised Site Strategy and Urban Design Protocol (Attachment 1 E2022/113329) for the former Mullumbimby Hospital site to be used as a guiding document for the project.

4. Requests staff to prepare a draft planning proposal informed by the Site Strategy and Urban Design Protocol and any required Baseline Studies and Advice and report this to Council for consideration prior to seeking a gateway determination.

5. Requests staff to arrange an Enquiry by Design process (inclusive of community, industry and Councillor engagement) to underpin Concept Masterplan and Development Control Plan drafting.

6. Requests staff to report the Concept Masterplan, Development Control Plan, and associated development options to Council.

7. Requests that an arts facility / hub or artist in residence program be integrated as a core part of the community facilities.

After the Flood Discussion Paper

Council considered Report No. 13.10 After the Floods Discussion Paper – Submissions Report Agenda of Ordinary Meeting - Thursday, 15 December 2022 (infocouncil.biz) and Resolved 22-739 that Council:

1. Notes the Settlement Discussion Paper’s engagement report ‘After the Floods: Settlement Discussion Paper, Engagement Report’ (Attachment 1 E2022/119447).

2. Recognises the findings report which summarises community feedback on long-term planning for how and where people will live and work in the future, and captures it in twenty Principles in ‘After the Flood: Settlement Discussion Paper, Findings Report’ (Attachment 2 E2022/119445).

3. Further recognises that other post-flood consultation processes like the two NSW Flood Inquiries (Independent and Parliamentary) will guide long-term planning for how and where people will live and work in the future.

4. Recognises that bushfire risks must be considered along with flood risks in that planning.

5. Considers all the above input and more in our strategic land use planning framework, including for the preparation and / or review of:

• Residential Strategy

• Rural Land Use Strategy

• Business and Industrial Lands Strategy

• Place Plans

6. Thanks all who participated in the ‘After the Flood Discussion Paper’ engagement process.

Residential Strategy Refresh

Council considered Report No. 13.3 Residential Strategy and Lot 22 Update Agenda of Ordinary (Planning) Meeting - Thursday, 9 June 2022 (infocouncil.biz) and Resolved 22-247 that Council:

1. Not progress the Planning Proposal for Lot 22 on DP 1073165, Mullumbimby at this

time until the implications of the 2022 Flood Events and any further potential natural

disasters are understood on the suitability of this land for future development.

2. Supports, subject to funds being allocated, the adopted Residential Strategy being

updated as per the peer review report Option 1 (Attachment 2 - E2022/27777) and

clarified by the Department of Planning and Environment correspondence

(Attachment 1 - E2022/40467).

3. Requests a draft of the updated Residential Strategy be reported back to Council.

Action 21 Rural Land Use Strategy

Council considered Report No. 13.3 PLANNING - Rural Land Use Strategy Review Scoping Report Agenda of Ordinary (Planning) Meeting - Thursday, 8 December 2022 (infocouncil.biz) and Resolved 22-685 that Council:

1. Supports staff progressing the scope of work and process as outlined in this report to review the Rural Land Use Strategy (RLUS) and to deliver RLUS Action 21: Investigate capacity for re-subdivision within existing Large Lot Residential estates.

2. Acknowledges:

a) that infrastructure capacity is a key consideration when denser land use as proposed under Action 21 is considered;

b) that staff will investigate capability, capacity, and feasibility of any site considered for change from rural to serviced residential;

c) a requirement of the Department of Planning, Industry, and Environment’s North Coast Regional Plan is that, where transition to urban is not feasible, then the potential for smaller lot R5 subdivision (with on-site sewage) will be investigated.

3. Supports staff progressing as a precursor to the Action 21 delivery, Residential Strategy refresh and the RLUS review, preparation of a Housing Response Options Paper that would encompass Resolution 22-246 Item 4.

4. Notes that funding to progress both the Housing Response Options Paper and Action 21 of the RLUS will be funded from Flood Response Planning Grant from the NSW Planning Delivery Unit.

5. Notes that any new or additional funding for the comprehensive review of the RLUS, will be considered in the 2023/24 budget process/compilation amongst other priorities.

Short Term Rental Accommodation Planning Proposal and IPC hearing

Council considered 13.9 Planning Proposal 26.2020.1.1 Amendment to State Environmental Planning Policy (Housing) 2021 Short-term Rental Accommodation in Byron Shire - Submissions Report Agenda of Ordinary Meeting - Thursday, 15 December 2022 (infocouncil.biz) and Resolved 22-729 that Council:

1. Amends the planning proposal to:

a) include in the 365-day cap precinct, the area as per the maps in the body of this report, namely:

i) Shirley Lane and south of Shirley Street and precinct west of bus interchange around Sommerset Street, Byron Bay

ii) Byron Bay central business area

b) remove from the 365-day cap precinct the areas as per the maps in the body of this report, namely:

i) Suffolk Park

ii) area south of Booyun Street, Brunswick Heads

2. Adopts the amended planning proposal to amend State Environmental Planning Policy (Housing) 2021 to:

a) increase the number of days of non-hosted short term rental accommodation in part of the Byron Shire Local Government Area from the current 180-day cap to a 365-day cap for areas in set mapped precincts in the Brunswick Heads and Byron Bay localities; and

b) reduce the number of days of non-hosted short term rental accommodation for the balance of the Byron Shire Local Government Area from the current 180-days cap to a 90-day cap.

3. Forwards the adopted planning proposal to Department of Planning Industry and Environment requesting that the amendment to the Housing SEPP 2021 be finalised. In doing so, acknowledges that the Minister for Planning is to seek the advice of the Independent Planning Commission before the planning proposal is finalised.

4. Invites the Independent Planning Commission to meet with Council about the adopted planning proposal as soon as possible and practical;

5. Notes staff will report to Council in 2023 on:

a) an updated STRA risk mitigation and monitoring strategy that reflects the finalised planning proposal and mapped precincts; and

b) STRA enforcement strategy.

6. Notes should the planning proposal be adopted by Council, there will be a 12-month transition period for any changes to commence. This means any changes will likely not come into effect until 2024.

7. Requests staff write to the NSW government advocating for changes in response to the alternative policy measures shared by many stakeholders including:

a) differential rating of STRA properties

b) establishing a levy to generate funds to cover enforcement and infrastructure demands

c) assigning the STRA register to Council to administer with appropriate fees for servicing

8. Appoints the Audit Risk and Improvement Committee to review and regularly advise Council on matters of compliance, risk management, financial management, governance, community service, data collection and the overall performance of the proposed planning STRA amendment 26.2020.1.1.

9. Recognises the submissions made during public access that identified specific areas in need of further investigation as part of the monitoring strategy for potential inclusion in the 90 day cap precinct such as in Brunswick Heads.

The Independent Planning Commission process timeline is shown below:

A link to all relevant documentation and submissions is shown below:

Independent Planning Commission - Byron Shire Short Term Rental Accommodation Planning Proposal (nsw.gov.au)

Council staff have submitted a final submission to the IPC following the public hearings and in response to questions asked by the IPC commissioners. A copy can be found on the above link.

The IPC determination time for the STRA planning proposal is that for a determination subject to a pubic hearing.

Strategic Considerations

Community Strategic Plan and Operational Plan

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
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

Recent Resolutions

· Multiple

Legal/Statutory/Policy Considerations

Specific to initiative and project.

Financial Considerations

Specific to initiative and project.

Consultation and Engagement

Specific to initiative and project.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.2

Report No. 4.2 Housing SEPP amendments update

Directorate: Sustainable Environment and Economy

Report Author: Natalie Hancock, Senior Planner

Shannon Burt, Director Sustainable Environment and Economy

File No: I2023/290

Summary:

The State Environmental Planning Policy (Housing) 2021 (Housing SEPP) commenced on 26 November 2021.

The Housing SEPP provides state enabled planning pathways for the development of different types of housing.

This report informs the Housing and Affordability Advisory Committee on proposed amendments to the Housing SEPP.

RECOMMENDATION:

That the Housing and Affordability Advisory Committee notes the report.

Attachments:

1 Submission on Housing SEPP Amendents EIE issued late 2022, E2022/126203 , page 24 ⇩

2 Special Disclosure of Pecuniary Interest Annexure for matters relating to environmental planning instruments, E2012/2815 , page 27⇩

Report

The Housing SEPP and the Standard Instrument Local Environmental Plan provisions relating to the following are currently being reviewed:

· In-fill affordable housing

· Planning pathways for social housing and affordable housing

· Group homes and hostels

· Temporary supportive accommodation

· Seniors independent living unit accessibility standards

· Boarding houses.

An Explanation of Intended Effect (EIE), setting out the proposed changes to these provisions, was exhibited from Tuesday 22 November 2022 until Friday 13 January 2023. The exhibited EIE can be viewed on the NSW Planning Portal.

The design guidance for seniors housing is also under review Seniors housing.

The staff submission made to these amendments is attached to the report.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective		CSP Strategy		DP Action		Code		OP Activity
	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		4.2.3.1		Prepare submission/s on draft changes to State government planning policy or legislative reforms.

Legal/Statutory/Policy Considerations

None applicable.

Financial Considerations

None applicable.

Consultation and Engagement

State Government led process.

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 16 March 2023
Time	11.30am