Ordinary (Planning) Meeting Minutes
11 May 2023
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary (Planning)
Meeting HELD ON Thursday, 11 May 2023 COMMENCING AT 11:04AM AND CONCLUDING AT 1:09PM.
I2023/686
PRESENT: Cr
M Lyon (Mayor), Cr S Balson, 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)
James
Flockton (Infrastructure Planning Coordinator) – Item 9.2
Kristie
Hughes (Natural Disaster Policy Planner) – Item 13.3
Storm
Townsend (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.
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:
Submissions
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Subject
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Name
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Representing Organisation
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Submission Received in
form of
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Flood Infrastructure at end of Ann Street Mullumbimby
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Marie Oliver
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Self
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In Person
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Legropes
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Derek Hynd
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Self
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In Person
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Apologies
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Procedural
Motion
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23-157
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Resolved that the apology from Cr Coorey be
accepted and a leave of absence granted. (Lyon/Ndiaye)
The motion was put to the vote and
carried unanimously.
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Applications
to Attend by Audio-Visual Link
There were no attendances by audio visual link.
Requests
for Leave of Absence
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Procedural
Motion
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23-158
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Resolved that Cr Coorey be granted a
leave of absence from the 25 May 2023 Ordinary Council Meeting. (Lyon/Ndiaye)
The motion was put to the vote and
carried unanimously.
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Declarations
of Interest – Pecuniary and Non-Pecuniary
Cr Balson declared a Not
significant non-pecuniary interest in Report 13.3. The nature of the interest
being that One of the EOI submissions was by Mercedes Mambort. Mercedes
volunteered for an organisation Cr Balson is a Board of Director of, namely:
Women's Village Collective Ltd. Mercedes is no longer a volunteer for the
organisation. Cr Balson elected to remain in the Chamber and will participate
in discussion and the vote.
Tabling of Pecuniary Interest
Returns
In accordance with section 440AAB of the Local Government
Act and clause 4.22 of the Code of Conduct for Staff, the Mayor tabled a
Primary Return of Interests for Honor O’Harae in the position of
Development Support Officer.
Adoption
of Minutes from Previous Meetings
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23-159
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Resolved that the minutes of the
Ordinary (Planning) Meeting held 13 April 2023 be confirmed. (Lyon/Ndiaye)
The motion was put to the vote and
carried unanimously.
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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
Sustainable Environment and Economy
Report No. 13.3 Place Planning
Collective Expression of Interest: Selection of Federal Representatives
Report No.
13.4 Byron Music Festival - request to alter Council
Resolution 22-509
Reports of Committees
Infrastructure Services
Report No.
14.1 Report of the Local Traffic Committee Meeting held
on 18 April 2023
6.1 A
new Pedestrian Refuge at 23 Bayshore Drive, Byron Bay
6.2 2023
Splendour in the Grass Music Festival
6.3 Market
Parking - Somerset Street, Byron Bay
6.4 No
Parking Area - Scanlons Road (Devines Hill, Lookout)
6.5 Extension
of No Parking Area - Bayshore Drive, Byron Bay
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr Lyon
and seconded by Cr Balson. Each recommendation is recorded with a separate
resolution number commencing at Resolution No. 23-160 and concluding
with Resolution No. 23-161.
Staff Reports - General Manager
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Report No. 13.1 Byron
Music Festival - temporary suspension of alcohol restrictions Dening
Park
File No: I2023/596
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23-160
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Resolved:
1. That Council notes that the organisers
of the Byron Music Festival advise that for the parts of Dening Park R82000
identified on the plan at Attachment 1, they request that alcohol be allowed
to be available for sale, supply and consumption on Saturday 17June 2023
between 11am - 8:30pm.
2. That
subject to:
a. the
Department of Planning and Environment – Crown Lands (DPE-CL) granting
a licence to BMF organisers to hold part of the Byron Music Festival on
Dening Park R82000; and
b. the
sale, supply or consumption of alcohol complying with DPE-CL licence and
liquor licence requirements; then:
any
Council imposed restrictions on alcohol carrying and/or consumption affecting
the:
i. Byron
Bay Surf Life Saving Club;
ii. area
identified in Attachment 1 as ‘Lic. Area Extension 1’, adjacent
to the Byron Bay Surf Life Saving Club; and
iii. area
identified in Attachment 1 as ‘Lic. Area 15 x 42m’;
be
suspended between the hours of 11am and 8:30pm on Saturday 17June 2023.
3. That
in the event that the DPE – Crown Lands or Liquor and Gaming NSW
decline to issue a licence to BMF, or the requirements of any licences issued
are inconsistent with the areas set out in Attachment 1, part 2 of this
Resolution will not come into effect. (Lyon/Balson)
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Report No. 13.2 PLANNING
- Development Application No. 10.2022.367.1 - Use of studio including
alterations and additions - 4/133-141 Broken Head Road Suffolk Park
File No: I2023/541
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23-161
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Resolved
that:
1. Pursuant
to Section 4.16 of the Environmental Planning & Assessment Act 1979,
Development Application No. 10.2022.367.1 for the Use of studio and alterations
and additions to existing studio including a variation to clause 4.4 Floor
Space Ratio, be granted consent subject
to the conditions of approval in Attachment 1 (E2023/36504).
2. The determination of this Development
Application and potential non-compliances within the existing dwelling are to
be brought to the attention of Council’s Enforcement Team. (Lyon/Balson)
Crs Hunter, Lyon, Ndiaye, Dey, Swivel, Westheimer, Balson and Pugh
voted in favour of the motion.
Nil
voted against the motion..
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Notices of
Motion
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Notice of Motion No. 9.1 TAHE strategy for
preserving a usable rail corridor
File No: I2023/594
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23-162
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Resolved that Council
1. Writes to TAHE, to
Transport for NSW, to the NSW Minister for Transport (Jo Haylen), and to the
NSW Minister for Regional Transport and Roads (Jenny Aitchison) regarding
preservation of the Casino to Murwillumbah Railway Land (the rail corridor)
within Byron Shire and invites TAHE and Transport for NSW to attend a
Councillor Workshop to be held in June or August 2023 or, if unable to
attend, to respond in writing to the issues we raise below:
a) Does TAHE use a strategic approach when
selling parts of the rail corridor within Byron Shire,
such that minimum widths are maintained at each point along the
corridor?
b) Does TAHE take account of future transport needs of the corridor
such as, for example:
i. addition
of a shared path for pedestrians and bicycles,
ii. possible
duplication of tracks for rail transport, and
iii. possible
connection of new villages that could be enabled by such transport.
c) Whether
TAHE can adopt an approach to ensure the sale or transfer of corridor assets
will not prevent dual tracks between Billinudgel and Bangalow plus
appropriate sidings where needed.
2. Requests
that staff notify Councillors when staff become aware of any impending sale
or transfer of railway land. (Westheimer/Dey)
The motion was put to the vote and
carried.
Crs Hunter, Pugh and Swivel voted against the motion.
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Notice of Motion No. 9.2 Lennox Head to Byron
recreational coastal pathway
File No: I2023/622
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23-163
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Resolved
that Council supports and joins with Ballina Shire Council in its efforts
to improve Active Transport connectivity between the two Shires through the
following:
1. Provides
in principle support for the continuation of the recreational coastal pathway
from Lennox Head to Byron Bay.
2. Seeks
a joint funding opportunity for a route options study into routes to link the
recreational coastal pathway from Lennox Head to Byron Bay, including active
transport linkages to potential future Rail Trails in the Shire. (Lyon/Ndiaye)
The motion was put to the vote and
carried unanimously.
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Mayoral
Minute
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Mayoral Minute No. 10.1 Damaging increase in
Emergency Services Levy costs
File No: I2023/698
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23-164
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Resolved
that:
1. Council
writes to the Treasurer, the Minister for Emergency Services, the Minister
for Local Government and local State Member(s):
a) Expressing
Council’s strong opposition to the NSW Government’s last minute
decision to impose an enormous Emergency Services Levy (ESL) cost increase on
councils for 2023/24 by scrapping the ESL subsidy for councils and at a time
after Council has publicly advertised its Operational Plan and annual budget
to the community;
b) Noting
that as a consequence of the unannounced 73% increase in the State Emergency
Service budget and an 18% increase in the Fire and Rescue NSW budget,
Council’s 4.6% rate increase to provide essential community services
and infrastructure has been significantly eroded.
c) Advising
that the Government’s decision will lead to a reduction in important
local services and the deferral or cancellation of necessary infrastructure
projects;
d) Calling
on the NSW Government to take immediate action to:
i. restore
the ESL subsidy in 2023/24
ii. urgently
introduce legislation to decouple the ESL from the rate peg to enable
councils to recover the full cost as a defined levy or charge
iii. develop
a fairer, more transparent and financially sustainable method of funding
critically important emergency services, in consultation with local
government
2. Council
writes to the Chair of the Independent Pricing and Regulatory Tribunal
(IPART) advising that Council’s forced emergency services contribution
is manifestly disproportionate to the 2023/24 rate cap, which has resulted in
additional financial stress.
3. Council
writes to the President of LGNSW seeking the Association’s ongoing
advocacy to bring about a relief in the burden of Councils’ emergency
services contribution. (Lyon)
The motion was put to the vote and carried unanimously.
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Cr Ndiaye left the Chambers at 12:09pm.
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Mayoral Minute No. 10.2 Independent Planning Commission
(IPC) - Byron Shire Short Term Rental Accommodation Planning Proposal -
Advice Report
File No: I2023/717
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23-165
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Resolved
that Council writes to the Minister for Planning, The Hon. Paul Scully:
1. Expressing
Council’s broad support for all 12 recommendations and noting they are
a much better alternative to the planning proposal in its current form.
2. Confirming
Council’s commitment to work with the Department of Planning on:
a. the
formulation and implementation of an appropriate regulatory regime to enable
Council to plan for and manage non-hosted STRA as per Recommendation 2 of the
IPC report, as an immediate priority
b. the
implementation of the remaining recommendations, noting that there may be a
need to fine-tune part or all of some of these recommendations. (Lyon)
The motion was put to the vote and
carried unanimously.
Cr Ndiaye was not present for the vote.
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Cr Ndiaye returned
to the Chambers at 12:13pm.
Petitions
There were no Petitions tabled.
Delegates'
Reports
Cr Lyon provided a Delegate’s
Report on his attendance at the Community Housing Conference.
Cr Ndiaye provided a Delegate’s Report
on her attendance, on behalf of the General Manager, at the M-Arts event wherein
the re-visited Arts Policy was discussed.
Staff
Reports - Sustainable Environment and Economy
Report No. 13.3 Place
Planning Collective Expression of Interest: Selection of Federal
Representatives
File No: I2023/571
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Procedural
Motion
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23-166
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Resolved:
1. That
pursuant to Section 10A(2)(a) of the Local Government Act, 1993, Council
resolve into Confidential Session to discuss the following report, namely
(subject of report).
2. That
the reasons for closing the meeting to the public to consider this item be
that:
(a) personnel matters concerning particular
individuals (other than councillors)
3. That
on balance it is considered that receipt and discussion of the matter in open
Council would be contrary to the public interest, as disclosure of the
confidential information could disclose personnel information under Local
Government Act (Clause 10A(2)(a)). (Ndiaye/Swivel)
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Cr Swivel left the Chambers at 12:19pm.
The motion was put to the vote and
carried unanimously.
Cr Swivel was absent for the vote.
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Procedural
Motion
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23-167
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Resolved that Council move into Committee
to allow for free debate. (Lyon)
The motion was put to the vote and
carried unanimously
Cr Swivel was absent for the vote.
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Cr Swivel returned
to the Chambers at 12:22pm.
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Report No. 13.3 Place
Planning Collective Expression of Interest: Selection of Federal
Representatives
File No: I2023/571
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23-168
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Resolved:
1. That
Council selects two community representatives from the nominations received
in Attachment 1 (E2023/38502), to the Place Planning Collective being Alan
Goldstein and Mercedes Mambort.
2. That
the appointed Place Planning Collective representatives be notified of their
appointment to the Collective and be provided with a copy of the Place
Planning Collective Charter and Code of Conduct.
3. That
unsuccessful nominees be thanked for their submission. (Ndiaye/Lyon)
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Procedural
Motion
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23-169
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Resolved that Council move out of
Committee and resume the Ordinary Meeting. (Lyon)
The motion was put to the vote and carried unanimously.
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Procedural
Motion
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23-170
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Resolved that the meeting move out of
confidential session. (Lyon/Ndiaye)
The motion was put to the vote and carried unanimously.
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The motion (Ndiaye/Lyon)
was put to the vote and carried unanimously.
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Report No. 13.4 Byron
Music Festival - request to alter Council Resolution 22-509
File No: I2023/637
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23-171
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Resolved that Council:
1. Lifts
the requirement on Byron Music Festival to undertake dune stability
geotechnical assessment as specified in resolution 22-509.
2. Supports
a licence period that does not exceed 4 days.
3. Supports
an additional bar bringing the total number of bars serving alcohol to 3.
4. Notes
that certain documents are still required under the terms of the Crown
Licence to be submitted by the applicant for approval by Council, to support
the event, including a Traffic Control/Management Plan.
5. Upon
receipt of a Traffic Control Plan/Management Plan from the applicant,
convenes an extraordinary Local Traffic Committee meeting to consider it as
part of the supporting documents for Byron Music Festival 2023.
6. Delegates
to the General Manager pursuant to the Local Government Act 1993, the
authority to approve any Minutes issued following the extraordinary Local
Traffic Committee referred to in 5.
7. Advises the Byron Music Festival
(BMF) event organisers that it does not support future events that limit
public access to or within Dening Park and does support them seeking another
venue for future BMF events. (Dey/Ndiaye)
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AMENDMENT:
Moved that Council:
1. Lifts
the requirement on Byron Music Festival to undertake dune stability
geotechnical assessment as specified in resolution 22-509.
2. Supports
a licence period that does not exceed 4 days.
3. Supports an
additional bar bringing the total number of bars serving alcohol to 3.
4. Notes
that certain documents are still required under the terms of the Crown Licence
to be submitted by the applicant for approval by Council, to support the event,
including a Traffic Control/Management Plan.
5. Upon
receipt of a Traffic Control Plan/Management Plan from the applicant, convenes
an extraordinary Local Traffic Committee meeting to consider it as part of the
supporting documents for Byron Music Festival 2023.
6. Delegates
to the General Manager pursuant to the Local Government Act 1993, the authority
to approve any Minutes issued following the extraordinary Local Traffic
Committee referred to in 5. (Pugh/Hunter)
The amendment was put to the vote and
declared lost.
Crs Dey, Westheimer, Ndiaye and Lyon voted
against the amendment.
The motion (Dey/Ndiaye) was put to the
vote and declared carried.
Cr Hunter voted against the motion.
Reports
of Committees - Infrastructure Services
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Report No. 14.1 Report
of the Local Traffic Committee Meeting held on 18 April 2023
File No: I2023/605
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23-172
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Resolved that Council
notes the minutes of the Local Traffic Committee Meeting held on 18 April
2023. (Dey/Lyon)
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23-173
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Resolved that Council adopts
the following Committee Recommendation:
Report No.
6.1 A new Pedestrian Refuge at 23 Bayshore Drive, Byron Bay
File No: I2023/406
Committee Recommendation 6.1.1
That LTC support the traffic control devices, regulatory
signage and line markings associated with the New Pedestrian Refuge on
Bayshore Drive, as shown in attachment 1 (E2023/28327) (Dey/Lyon)
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23-174
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Resolved that Council adopts
the following Committee Recommendations:
Report No.
6.2 2023 Splendour in the Grass Music Festival
File No: I2023/495
Committee
Recommendation 6.2.1
1. That
LTC note the Traffic Guidance Schemes for the 2023 Splendour in the Grass to
be held between 21st-23rd July, 2023. This
includes:
a) The
installation and enforcement of No Stopping signs every 75m on:-
i) Tweed
Valley Way through to the shire boundary in the north;
ii) Brunswick
Valley Way from Shara Blvd intersection in the south through to Tweed Valley
Way intersection;
iii) Yelgun
Road, from Tweed Valley Way and extending for 300m;
iv) Billinudgel
Rd from Tweed Valley Way and extending for 280m.
b) An
alternate temporary pick up and drop off Bus Zone (with associated signage
and works) on the northern side of Fawcett St, between Mona Lane and the War
Memorial, Brunswick Heads.
2. That
the event organisers are to undertake the following:
a) Separate
approvals by NSW Police and TfNSW being obtained, noting that the event is on
a state road or may impact the state road network;
b) The
Traffic Management Plan and Traffic Guidance Schemes be implemented by those
with appropriate accreditation and the holding of current and appropriate levels
of insurance and liability cover;
c) That
the impact of the event be advertised via a notice in the local weekly paper
a minimum of one week prior to the operational impacts taking effect, noting
it must include the event name, specifics of any traffic impacts or road
closures and times, alternative route arrangements, event organiser, a
personal contact name and a telephone number for all event related enquiries
or complaints.
d) The
event be notified on Council’s webpage with event details supplied to
Council by the event organiser.
3. That
the event organiser:
a) inform
the community and businesses that are directly impacted (e.g. within road
closure zones) via written information which is delivered to the property in
a timely manner so as to document, consider and respond to any concerns
raised;
b) undertake
consultation with emergency services and address any identified
issues/concerns.
c) arranging
for private property access and egress affected by the event;
d) liaising
with bus, taxi and waste operators and ensuring arrangements are made for
provision of services during conduct of the event;
e) holds
$20m public liability insurance cover which is valid for the event.
f) not
place any signage on the road related area of the Pacific Highway.
g) undertake
an event debrief within one month following the festival which includes but
is not limited to Council, TfNSW and Police representatives. (Dey/Lyon)
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23-175
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Resolved that Council adopts
the following Committee Recommendation:
Report No.
6.3 Market Parking - Somerset Street, Byron Bay
File No: I2023/522
Committee Recommendation 6.3.1
That the Local Traffic Committee support the implementation
of the Byron Bay Community Markets two-hour parking area implementation for
market days only in Somerset Street, Byron Bay. (Dey/Lyon)
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23-176
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Resolved that Council adopts
the following Committee Recommendation:
Report No.
6.4 No Parking Area - Scanlons Road (Devines Hill, Lookout)
File No: I2023/523
Committee Recommendation 6.4.1
That the local Traffic Committee support the implementation
of a No Parking (1am to 6am) Area for the access road for Devines Hill
(Scanlons Road) to help prevent/enforce nuisance camping. (Dey/Lyon)
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23-177
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Resolved that Council adopts
the following Committee Recommendation:
Report No.
6.5 Extension of No Parking Area - Bayshore Drive, Byron Bay
File No: I2023/527
Committee Recommendation 6.5.1
That the Local Traffic Committee endorse the proposed
extension of the existing no stopping area in Bayshore Drive from Wallum
Place to the end of Bayshore Drive. (Dey/Lyon)
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The motions commencing at Resolution
No. 23-172 and concluding with Resolution No. 23-177 were put to
the vote and carried unanimously.
Questions
With Notice
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Question With Notice No. 15.1 Council’s
herbicide usage
File No: I2023/617
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Cr Duncan Dey asks the following
question:
1. Does
Council keep records of our herbicide usage, and if so what categories or
types of herbicides are recorded?
2. Are
our records calendar or financial year based, so that comparisons can be made
over time?
3. If
not volumes of each herbicide at various concentrations, do we keep records
of say annual expenditure on herbicides, or are there other ways of tracking
our usage?
4. If
we don’t keep usage or purchase records, are there other ways
Council’s usage can be assessed?
Response Director Infrastructure
Services:
Council staff seek to maintain
registers of chemical application for Parks, Drains and Open Spaces and Bush
Regeneration projects. Improved recording was implemented from
mid-2022.
Data collated includes;
· Date
and Time of application
· Quantities
of Glyphosate
· Quantities
of Metsulfuron
· Quantities
of Surfactant
· Method
of application
· Target
Weeds
Council Stores record quantities of Glyphosate and
Metsulfuron purchased, however this cannot be related to actual usage.
Comparison of recorded usage on an annual basis can be
problematic as individual projects have varying requirements depending on the
management processes in place or emergent issues.
Council’s Bush Regeneration projects provide the
most valuable data in relation to the reduction in chemical usage over time
in relation to management practices.
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There being no further business
the meeting concluded at 1:09pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 8 June 2023.
….…………………………
Mayor Michael Lyon
Minutes