Ordinary (Planning) Meeting Minutes
9 March 2023
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary (Planning)
Meeting HELD ON Thursday, 9 March 2023 COMMENCING AT 11:05 AM AND CONCLUDING AT 3:08 PM.
I2023/301
PRESENT: Cr
M Lyon (Mayor), Cr S Balson, Cr C Coorey [Virtual], 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 / Heather Sills (Minute Takers)
Other
Attendees: Cecilia Rose (Partner, Wilshire Webb Staunton Beattie) -
Notice of Motion 9.3
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
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Report No and Title
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Name
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For/
Against
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Representing Organisation
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Submission Received in
form of
|
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9.1
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Funding to future proof all flood impacted premises
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Susan Fell & Noelle Maxwell
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For
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Mullum Flood Recovery Action Group
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In Person
|
|
9.2
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Recognising the Effort and Contribution by Kim Rosen
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Cherie Heale
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For
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Brunswick Heads Visitor Centre
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In Person
|
Submissions
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Subject
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Name
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Representing Organisation
|
Submission Received in
form of
|
|
Drainage in Lawson Street, Byron Bay
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Steven Harris
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Self
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In Person
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The
meeting adjourned at 11.47am for a break and reconvened at 12:00pm.
Apologies
There
were no apologies.
Applications
to Attend by Audio-Visual Link
|
|
Procedural
Motion
|
|
23-048
|
Resolved that Cr Coorey be permitted to attend
the meeting held on 9 March 2023 by audio-visual link. (Lyon/Balson)
The motion was put to the vote and
carried unanimously.
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Requests
for Leave of Absence
|
|
Procedural
Motion
|
|
23-049
|
Resolved
that Cr Ndiaye be granted a leave of absence from 8 June 2023 to 23
June 2023 (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
There were no Pecuniary Interest Returns tabled.
Adoption
of Minutes from Previous Meetings
|
23-050
|
Resolved that the minutes of the Ordinary (Planning)
Meeting held on 9 February 2023 be confirmed
(Ndiaye/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
General Manager
Report No.
13.1 Byron Community Market Parking Assistance
Sustainable Environment and Economy
Infrastructure Services
Report No.
13.3 Bangalow Sportsfields Plan of Management
Reports of Committees
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr Lyon
and seconded by Cr Hunter. Each recommendation is recorded with a separate
resolution number commencing at Resolution No. 23-051 and concluding with
Resolution No. 23-051.
|
|
Report No. 13.2 PLANNING
- Report of the Planning Review Committee held 2 February 2023
File No: I2023/152
|
|
23-051
|
Resolved that Council endorses the outcomes of the Planning
Review Committee meeting held on 2 February 2023.
(Lyon/Hunter)
The motion was put to the vote and
carried unanimously.
|
Mayoral
Minute
There was no Mayoral Minute.
Notices of
Motion
|
|
Notice of Motion No. 9.1 Funding to future proof
all flood impacted premises
File No: I2023/232
|
|
23-052
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Resolved that Council:
1. Notes:
a) to recognise the opportunities as
expressed in the Shire’s various Floodplain Risk Management Plans to
make all existing flood-prone buildings safer against future flood risks,
using actions for individual premises as listed in those Floodplain Plans
(buy-back, house-raising and wet-proofing);
b) to acknowledge the legacy role of
the State in having approved buildings in flood-prone areas, many of which
are the subject of Floodplain Plans;
c) to consider estimates of the
numbers of buildings that were flooded in 2022 and that could therefore
benefit from those actions, ie 1,454 in Byron Shire of 8,364 total across the
seven Shires impacted (data source: SES Built Impact Data, April 2022);
d) to also consider that many of
Byron Shire’s premises can be returned to habitable use by these
actions (especially house raising) because peak flood levels on this
Shire’s floodplains are not as deep as on some other heavily-impacted
floodplains in the region;
e) to accept the region’s
gratitude for the government’s commitment of $800m towards buy-back,
house-raising and wet-proofing;
f) to recognise that the
rollout of the funding has been too slow; and
2. Writes to Prime Minister Anthony
Albanese, and once again to Premier Dominic Perrottet, to Opposition Leader
Chris Minns and to all local candidates for the seats of Ballina and Lismore
in the State Election:
a) to consider further funding of at
least $180m to make premises within Byron Shire more resilient, noting this
amount is estimated at an indicative average of $100,000 per building = $145m
plus buy backs at an additional $35m.
3. Sends
the above letters on Monday 13 March 2023, well prior to election day.
4. Writes
again in early April to the new Premier of NSW with the same appeal.
(Dey/Ndiaye).
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Procedural
Motions
|
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23-053
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Resolved that
Council move into Committee to allow for free debate. (Lyon/Balson)
The motion was put to the vote
and carried unanimously.
|
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23-054
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Resolved that
Council move out of Committee and resume the Ordinary Meeting. (Lyon/Ndiaye)
The motion was put to the vote
and carried unanimously.
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The motion (Dey/Ndiaye) was put to the
vote and carried unanimously.
|
|
Notice of Motion No. 9.2 Recognising the effort and
contribution of Kim Rosen
File No: I2023/233
|
|
23-055
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Resolved:
1. That
Council provides approval for the Brunswick Heads Visitor Centre to supply
and maintain the existing bench seat on the public footpath adjacent
adjoining the Visitor Centre in Park St.
2. That
the seat remains the property of the Visitor Centre and to carry a plaque on
it reflecting the community’s appreciation of Kim Rosen’s long
term service to the Brunswick Heads community. (Hunter/Ndiaye)
The motion was put to the vote and
carried.
Cr Dey voted against the motion.
|
|
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Notice of Motion No. 9.3 Short Term Rental
Accommodation Consent Conditions
File No: I2023/250
|
|
23-056
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Resolved that Council:
1. Enforces
consent conditions which prohibit the use of a property as short term rental
accommodation.
2. Continues
to prohibit the use of short-term rental of housing in new approvals,
including but not limited to secondary dwellings, standard homes in the
residential areas and business zones of the Shire.
3. Puts
out a media release to inform the public of this decision.
4. Receives
a report back every 6 months on the status of 1 and 2. (Lyon/Balson)
The motion was put to the vote and
carried unanimously.
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The meeting adjourned at 1.44pm for a
lunch break and reconvened at 2.32pm.
Petitions
There were no Petitions tabled.
Submissions
and Grants
There were no Submissions and Grants
tabled.
Delegates'
Reports
Cr Dey will report on the Rural and Regional Summit at a
future meeting.
Cr Hunter advised the Mullumbimby Showground Committee are
reviewing fees and charges.
Staff
Reports - General Manager
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Report No. 13.1 Byron
Community Market Parking Assistance
File No: I2023/247
|
|
23-057
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Resolved:
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
the 2023 calendar year.
2. That
Council receive a report as to the parking options still available to the
Byron Market Stall holders. (Westheimer/Dey)
The
motion was put to the vote and carried unanimously.
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Staff Reports
- Infrastructure Services
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Report No. 13.3 Bangalow
Sportsfields Plan of Management
File No: I2022/887
|
|
23-058
|
Resolved that Council:
1. Amends
the draft Landscape Masterplan for Bangalow Sports Fields (attachment 1) as
follows:
a) Removes
references to Byron Bay Shire Council or similar, and use our correct
name;
b) Removes
the option of plural bridges over Byron Creek, by removing the
“(s)” from behind the word “bridge” in Bullet 10 of
Section 2.1;
c) Changes
all bullet lists to alpha or numeric listings, so submitters can converse
about the content of such lists; and
d) Completes
the drawing at Figure 1 by adding blue ‘title boundary lines’
around Bangalow Bowling Club and by clearly indicating the exclusion of it
and of street numbers 37 and 41, that are not covered by either Plan.
e) Other
typographical errors as required.
2. Amends
the draft
Plan of Management (attachment 2) as follows:
a) Removes
references to Byron Bay Shire Council or similar, and use our correct name;
b) Removes
the option of plural bridges over Byron Creek, by removing the
“(s)” from behind the word “bridge” in Bullet 10 of
Section 2.1;
c) Changes
all bullet lists to alpha or numeric listings, so submitters can converse
about the content of such lists; and
d) Completes
the drawing at Figure 13 by adding blue ‘title boundary lines’
around Bangalow Bowling Club and by clearly indicating the exclusion of it
and of street numbers 37 and 41, that are not covered by either Plan.
e) Other
typographical errors as required.
3. Places
the amended draft Plan of Management and associated
Landscape Masterplan for Bangalow Sports Fields on public exhibition in
accordance with the Local Government Act of 1993 for a period of 28 days and
invites submissions for a period of 42 days;
4. On
Friday 10 March 2023 books a half-page advertisement in the next available
issue of Bangalow Herald, also to invite feedback on the Plans;
5. Adjusts
the exhibition period dates if necessary to suit Bangalow Herald publication;
and
6. Receives a post-exhibition report.
7. That
staff will support the Plan of Management (PoM) with a media strategy
outlining the process for future community engagement, the prioritising of
projects and the funding options for projects in the PoM. (Swivel/Dey)
The motion
was put to the vote and carried unanimously.
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Questions
With Notice
|
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Question With Notice No. 14.1 Drainage
in Lawson Street
File No: I2023/223
|
|
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Cr Dey asks the
following question:
The following photos were taken at about 7pm on 14
February 2023 in Lawson Street Byron Bay. They show a significant body
of water ponding in excess of the capacity of the piped drainage system
(assuming there is one). Water appears to be entering commercial
premises via their front doors, exacerbated by vehicles creating ‘bow
waves’. I imagine the premises would have been damaged.
Water was also likely high enough to have damaged this
parked car.
1. Was this drainage
system blocked by something unusual at that time?
2. If not, was it blocked
at all or is it simply under capacity?
3. If
not under capacity, what is the capacity of the piped system to whatever
‘choke point’ applies here, and what is that chokepoint?
4. What
were the rainfall intensities for the most intense periods over durations of
10 minutes, 20 minutes and 30 minutes, between 6pm and 7pm on 14 February
2023?
5. If
answering this question is onerous, could you please list 5-miunte or
6-minute rainfalls for that period?
6. What
are the design 2-year, 5-year and 10-year intensities for the durations in my
Question 4?
7. Would Council be
liable for damage sustained, if there was any?
Response Director Infrastructure Services:
Council staff have investigated, and Infrastructure
Services provides the following:
1. Council
staff are not aware of any unusual blockage of the system. The Byron
Bay drainage system undergoes regular drainage maintenance in accordance with
Council works operations programs
2. The
event has not been assessed in detail at this time. The rainfall was an
intense storm cell that would have exceeded the capacity of the sub surface
drainage system. Council is currently undertaking the Byron Drainage
Strategy Upgrade project which will look at drainage capacity in this area.
3. The
event has not been assessed in detail at this time. Rainfall totals are
available and will be reviewed as part of the Byron Drainage Strategy Upgrade
project.
4. The
event has not been assessed in detail at this time. Rainfall totals are
available and will be reviewed as part of the Byron Drainage Strategy Upgrade
project.
5. The
event has not been assessed in detail at this time. Rainfall totals are
available and will be reviewed as part of the Byron Drainage Strategy Upgrade
project.
6. It
is unlikely that Council would be liable for any damage that occurred to
private infrastructure.
7. It is not possible to advise whether or not Council would be
legally liable for damage to third party property in the situation
outlined. It would be a matter for a claim against Council to be
lodged, assessed and legal liability determined. This would involve
reviewing the circumstances, and then considering whether or not a legal
liability applies.
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There being no further business the meeting concluded at 3.08pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 13 April 2023.
….…………………………
Mayor Michael Lyon
Minutes