Minutes
Ordinary (Planning) Meeting
Thursday, 8 June 2023
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes
8 June 2023
The following items are listed in the order in which they were dealt with.
Report No. 13.2 PLANNING - Variations to development standards - Quarter 1 2023
Report No. 13.7 PLANNING - Report of the Planning Review Committee held 4 May 2023
Mayoral Minute No. 10.1 Homelessness Crisis in the Byron Shire
Mayoral Minute No. 10.2 Recognition of Awards received by Council
Question With Notice No. 14.1 Disruptive roadworks Murwillumbah Road Mullumbimby
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 8 June 2023
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 8 June 2023 COMMENCING AT 11:07AM AND CONCLUDING AT 3:22PM
I2023/872
PRESENT: Cr M Lyon (Mayor), Cr C Coorey, Cr D Dey, Cr A Hunter, 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)
Chris Larkin (Manager Sustainable Development)
Greg Yopp (Planner) - Item 13.9
Alex Caras (A/ Manager Environmental and Economic Planning) - 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.
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Procedural Motion |
Resolved that a representative of the Australia Broadcasting Corporation be permitted to conduct audio-visual recording during non-confidential session of the 8 June 2023 Council Planning Meeting. (Lyon) The motion was put to the vote and carried unanimously. |
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 |
Via |
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10.1 |
Homelessness Crisis in the Byron Shire |
Sarah-Jane McGrath |
For |
Self |
In Person |
13.1 |
PLANNING - 10.2022.36.1 - Tourist and Visitor Accommodation Comprising Six (6) Holiday Cabins and Associated Works at 72 Lawlers Lane Bangalow |
Ralph Mamone |
For |
Self |
In Person |
Cornelia Burless |
Against |
United Residents of Lawlers Lane |
Read aloud by staff |
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13.4 |
PLANNING - 10.2014.417.3 S4.55 to Reconfigure Five (5) Apartments |
Hannah Hopkinson |
Against |
MP Group |
In Person |
13.9 |
PLANNING - S4.55 Application No.10.2011.524.4 to modify Conditions 1 and 20(d) to expand the Building Envelope - at 388 Coopers Shoot Road Coopers Shoot. |
Nanette Merriman |
Against |
Self |
In Person |
Ellen Hayes |
Against |
Self |
In Person |
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13.8 |
PLANNING - DA10.2014.753.1- Bluesfest - 35 Yarun Road, Tyagarah - Condition 53 - Small Events Noise limitations |
Kath Morgan |
Against |
Self / Residents of Tyagarah |
In Person |
Submissions
Subject |
Name |
Representing Organisation |
Via |
Reoccurring sink holes around storm drains in Bayside Brunswick Heads |
Anne Radermacher |
Self |
In Person |
The meeting adjourned at 12.13pm for a recess break and reconvened at 12.32pm.
Cr Ndiaye is an apology in accordance with her prior accepted leave of absence.
(Resolution No. 23-049)
Cr Balson is an apology in accordance with her prior accepted leave of absence.
(Resolution No. 23-179)
Applications to Attend by Audio-Visual Link
There were no applications for attendance by audio-visual link.
There were no requests for leave of absence.
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 11 May 2023 be confirmed. (Hunter/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 - 10.2022.36.1 - Tourist and Visitor Accommodation Comprising Six (6) Holiday Cabins and Associated Works at 72 Lawlers Lane Bangalow
Report No. 13.3 PLANNING - 26.2022.5.1 - Planning controls for rural tourist and visitor accommodation - LEP and DCP amendments submissions report
Report No. 13.4 PLANNING - 10.2014.417.3 S4.55 to Reconfigure Five (5) Apartments inclusive of Dual Key Functionality for Two (2) of the Apartments, increasing Building Height to Accommodate Two (2) Roof Top Swimming Pools, associated Access and Structures, provision of Internal Access between Levels and Modification to Private Open Space at 43 Lawson Street BYRON BAY
Report No. 13.5 PLANNING - 10.2014.417.4 S4.55 for Changes to Building Height to accommodate One (1) Roof Top Swimming Pool and associated Access and Structures, provision of Internal Access between Levels and Modification to Private Open Space 43 Lawson Street BYRON BAY
Report No. 13.6 PLANNING - 26.2022.8.1 - Planning proposal to permit events at the Cavanbah Centre without the need to obtain development consent - Submissions Report
Report No. 13.8 PLANNING - DA10.2014.753.1- Bluesfest - 35 Yarun Road, Tyagarah - Condition 53 - Small Events Noise limitations
Report No. 13.9 PLANNING - S4.55 Application No. 10.2011.524.4 to modify Conditions 1 and 20(d) to expand the Building Envelope - at 388 Coopers Shoot Road Coopers Shoot.
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. 23-234 and concluding with Resolution No. 23-235.
Staff Reports - Sustainable Environment and Economy
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Procedural Motion |
Resolved that Cr Lyon be granted a one minute extension to his speech. (Lyon) The motion was put to the vote and carried unanimously. |
Staff Reports - Sustainable Environment and Economy
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Report No. 13.4 PLANNING - 10.2014.417.3 S4.55 to Reconfigure Five (5) Apartments inclusive of Dual Key Functionality for Two (2) of the Apartments, increasing Building Height to Accommodate Two (2) Roof Top Swimming Pools, associated Access and Structures, provision of Internal Access between Levels and Modification to Private Open Space at 43 Lawson Street BYRON BAY File No: I2023/485
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Resolved that pursuant to Section 4.55 of the Environmental Planning & Assessment Act 1979, that Application No. 10.2014.417.3 for S4.55 to Reconfigure Five (5) Apartments inclusive of Dual Key Functionality for Two (2) of the Apartments, increasing Building Height to Accommodate Two (2) Roof Top Swimming Pools, associated Access and Structures, provision of Internal Access between Levels and Modification to Private Open Space, be refused as follows: 2. Pursuant to section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979 the proposed development does not comply with Clause 4.3 Height of building under Byron Local Environmental Plan 2014. 3. Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 the proposed development does not comply with Chapter C3 Byron Development Control Plan 2014. 4. Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 the proposed development does not comply with Chapter D1 of Byron Development Control Plan 2014. 5. Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 the proposed development does not comply with Chapter E5 of Byron Development Control Plan 2014. 6. Pursuant to Section 4.15 (1) (a) (iv) the application for the proposed modification of an approved residential flat building does not comply with section 102 of the Environmental Planning and Assessment Regulation 2021. 7. Pursuant to Section 4.15 (1) (b) of the Environmental Planning and Assessment Act 1979 the proposed development is likely to result in adverse environmental impacts on both the natural and built environments, and social impacts in the locality and the occupants of that environment. 8. Pursuant to Section 4.15(1)(d) of the Environmental Planning & Assessment Act 1979 the proposed development is not in the public interest with regards for relevant matters for consideration raised in properly made submissions received by Council. 9. Pursuant to Section 4.15(1)(e) of the EP&A Act 1979 the proposed development is not in the public interest for the reasons outlined above. (Lyon/Dey) The motion was put to the vote and carried unanimously. Crs Coorey, Hunter, Lyon, Dey, Swivel, Westheimer and Pugh voted in favour of the motion. Nil voted against the motion.. |
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Report No. 13.9 PLANNING - S4.55 Application No. 10.2011.524.4 to modify Conditions 1 and 20(d) to expand the Building Envelope - at 388 Coopers Shoot Road Coopers Shoot. File No: I2023/781
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Moved that pursuant to Section 4.55 of the Environmental Planning and Assessment Act 1979, that Application No. 10.2011.524.4 to modify Conditions 1 & 20(d) to expand the Building Envelope, be approved by modifying development consent number 10.2011.524.1 as amended by 10.2011.524.2 as follows: Amend Condition 1 and 20(d) to read:
1) Development is to be in accordance with approved plans. The development is to be in accordance with plans listed below:
Except as modified by the following plan only in relation to the amended building.
The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent. The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken. 20) Building Envelope d) The building envelope for Lot 1 DP 1283631 shall be located in accordance with Condition 1 of this consent to ensure that views from the dwelling on Lot 1 DP 572897 to the south-west are retained. (Dey/Coorey) |
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Procedural Motion |
Resolved that this matter rest on the table. (Lyon) The motion was put to the vote and carried. Cr Dey voted against the motion. |
The meeting adjourned at 1.35pm for a lunch break and reconvened at 2.22pm.
The motion (Dey/Coorey) was put to the vote and declared lost.
Crs Dey and Coorey voted for the amendment.
Crs Hunter, Pugh, Westheimer, Lyon and Swivel voted against the amendment.
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Procedural Motion |
Resolved that item 13.9 “PLANNING - S4.55 Application No. 10.2011.524.4 to modify Conditions 1 and 20(d) to expand the Building Envelope - at 388 Coopers Shoot Road Coopers Shoot “ be recommitted. (Lyon/Hunter) The motion was put to the vote and carried unanimously. |
Resolved that pursuant to Section 4.55 of the Environmental Planning and Assessment Act 1979, that Application No. 10.2011.524.4 to modify Conditions 1 & 20(d) to expand the Building Envelope, be approved by modifying development consent number 10.2011.524.1 as amended by 10.2011.524.2 as follows: Amend Condition 1 and 20(d) to read:
1) Development is to be in accordance with approved plans. The development is to be in accordance with plans listed below:
Except as modified by the following plan only in relation to the amended building.
The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent. The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken. 20) Building Envelope d) The building envelope for Lot 1 DP 1283631 shall be located in accordance with Condition 1 of this consent to ensure that views from the dwelling on Lot 1 DP 572897 to the south-west are retained. (Lyon/Westheimer) The Motion (Lyon/Westheimer) was put to the vote and declared carried. Crs Lyon, Swivel, Coorey, Westheimer, Pugh, and Hunter voted for the motion. Cr Dey voted against the motion. |
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Report No. 13.8 PLANNING - DA10.2014.753.1- Bluesfest - 35 Yarun Road, Tyagarah - Condition 53 - Small Events Noise limitations File No: I2023/746
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1. Not support an increase in amplified music to 100 days per annum as per Condition 53 of Development Consent 10.2014.753.1 (as amended). 2. Notify the applicant to satisfy Condition 53, a further five small trial events are to be noise tested and monitored and surrounding land owners are to be notified under Condition 73 of such events prior to these additional events and further detail to be submitted back to Council for consideration with recommendations in support from the RWG. (Dey/Coorey) The motion was put to the vote and carried. Crs Coorey, Lyon, Dey, Swivel, Westheimer and Pugh voted in favour of the motion. Cr Hunter voted against the motion. |
There were no petitions presented.
Cr Westheimer provided a Delegate’s Report on his attendance at Jarjumirr Park, the new skate park located in Byron Bay, with the Master Plan Group.
Staff Reports - Sustainable Environment and Economy
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Report No. 13.3 PLANNING - 26.2022.5.1 - Planning controls for rural tourist and visitor accommodation - LEP and DCP amendments submissions report File No: I2023/332
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1. Adopts the amended planning proposal as attached to this report (Attachment 1 – #E2023/46789) to introduce a minimum lot size for rural tourist accommodation, and forwards this to the Department of Planning and Environment for finalisation. 2. Supports the following amendments to Byron DCP 2014 Part A and Chapter D3: Tourist Accommodation, to be further exhibited and then reported to Council: a) Part A (Attachment 2 – #E2023/50568) - Amend Rural Tourist Accommodation definition to reflect proposed changes b) Chapter D3 (Attachment 3 – #E2022/34439) – Reinstate updated Table D3.1 ‘Density of Rural Tourist Accommodation’ within the Prescriptive Measures of D3.3.4 c) Chapter D3 – Add an additional Table to regulate for farm stay accommodation densities within the Prescriptive Measures of D3.3.4. (Westheimer/Lyon) The motion was put to the vote and carried unanimously. Crs Coorey, Hunter, Lyon, Dey, Swivel, Westheimer and Pugh voted in favour of the motion. Nil voted against the motion. |
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Report No. 13.5 PLANNING - 10.2014.417.4 S4.55 for Changes to Building Height to accommodate One (1) Roof Top Swimming Pool and associated Access and Structures, provision of Internal Access between Levels and Modification to Private Open Space 43 Lawson Street BYRON BAY File No: I2023/486
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Resolved pursuant to Section 4.55 of the Environmental Planning & Assessment Act 1979, that Application No. 10.2014.417.4, for S4.55 for Changes to Building Height to accommodate One (1) Roof Top Swimming Pool and associated Access and Structures, provision of Internal Access between Levels and Modification to Private Open Space, be refused as follows: 1. Pursuant to section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979 the proposed development does not comply with Section 2.11 of State Environmental Planning Policy - Resilience and Hazards. 2. Pursuant to section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979 the proposed development does not comply with Clause 4.3 Height of building under Byron Local Environmental Plan 2014. 3. Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 the proposed development does not comply with Chapter C3 Byron Development Control Plan 2014. 4. Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 the proposed development does not comply with Chapter D1 of Byron Development Control Plan 2014. 5. Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 the proposed development does not comply with Chapter E5 of Byron Development Control Plan 2014. 6. Pursuant to Section 4.15 (1) (a) (iv) the application for the proposed modification of an approved residential flat building does not comply with section 102 of the Environmental Planning and Assessment Regulation 2021. 7. Pursuant to Section 4.15 (1) (b) of the Environmental Planning and Assessment Act 1979 the proposed development is likely to result in adverse environmental impacts on both the natural and built environments, and social impacts in the locality and the occupants of that environment. 8. Pursuant to Section 4.15(1)(d) of the Environmental Planning & Assessment Act 1979 the proposed development is not in the public interest with regards for relevant matters for consideration raised in properly made submissions received by Council. 9. Pursuant to Section 4.15(1)(e) of the EP&A Act 1979 the proposed development is not in the public interest for the reasons outlined above. (Dey/Lyon) The motion was put to the vote and carried unanimously. Crs Coorey, Hunter, Lyon, Dey, Swivel, Westheimer and Pugh voted in favour of the motion. Nil voted against the motion. |
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Report No. 13.6 PLANNING - 26.2022.8.1 - Planning proposal to permit events at the Cavanbah Centre without the need to obtain development consent - Submissions Report File No: I2023/600
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1. Adopts the amended planning proposal as attached to this report (Attachment 1 - #E2023/1080) for an amendment to Byron Local Environmental Plan 2014 to permit events on certain Council owned land at 249 Ewingsdale Road, Ewingsdale (Cavanbah Centre), and forwards this to the Department of Planning, Industry and Environment for finalisation. 2. Once the Local Environmental Plan amendment has been notified then Council issues a Media release. (Swivel/Westheimer) The motion was put to the vote and carried unanimously. Crs Coorey, Hunter, Lyon, Dey, Swivel, Westheimer and Pugh voted in favour of the motion. Nil voted against the motion. |
Mayoral Minute
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Mayoral Minute No. 10.2 Recognition of Awards received by Council
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1. Byron Shire Council has won two Awards at the 2023 LG Professionals NSW Awards taking out: a) the Community Partnerships Award – for the compassion, care and innovation shown at the Mullum Flood Recovery Centre. The Centre was set up at the Mullumbimby Civic Hall, provided people with support, information, resources and access to state, federal and other agencies and organisations working in the recovery area. The Award recognises the amazing work of not just Council but everyone involved including the Mullumbimby and District Neighbourhood Centre whose staff and volunteers make an incredible difference to our community every day. b) The Environmental Leadership Award – for Council’s Main and Clarkes Beach Dune Recovery project. This award recognises dedication to sustainability as evidenced by the implementation of corporate process improvements, projects or initiatives that demonstrate significant real or potential benefit to the environment. A few months ago, we brought in heavy equipment to move sand from the tidal zone up the beach to artificially rebuild the badly eroded sand dunes. This mimics the work done by nature, but much more quickly. The impact on the dunes has been very positive with native vegetation growing, wildlife returning and the dune system continuing to rebuild. 2. Council’s Suffolk Beachfront Holiday Park, a Council business managed in partnership by staff, Park Managers Darrell and Michelle Lamb and Belgravia Leisure, has recently won: a) National Caravan Industry – ReviewPro People’s Choice Caravan Park of the Year (Silver Award). This is based on ReviewPro “Global Review Index”, calculating an online reputation score based on data taken from all major online travel agencies and review sites. b) Tripadvisor Travellers Choice award. This recognises businesses that can earn consistently great reviews over a 12-month period. Winners need to consistently demonstrate a commitment to hospitality excellence. Travellers Choice Awards are given to the top 10% of listings on Trip Advisor internationally. 3. The Awards recognise the innovation and work of staff and important community partners who are integral to delivering great outcomes in the Shire. (Lyon) The motion was put to the vote and carried unanimously. |
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Question With Notice No. 14.1 Disruptive roadworks Murwillumbah Road Mullumbimby File No: I2023/804
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Cr Dey asks the following question: On 23 February 2023, Council resolved via Resolution 23-034 to remember an earlier Resolution 22-741 adopting “policy” not to conduct disruptive roadworks during heavy traffic times on various important non-motorway routes in the Shire. Council also recommitted to the two routes named in December (listed as 1 and 2 below) and then added a third route (listed as 3 below): 1) Ewingsdale Road, during daylight hours; 2) Bangalow / Broken Head Roads, during morning and afternoon peak hours; and 3) Mullumbimby from Jubilee Avenue to the Showground, on Mullumbimby Farmers Market mornings. Council also recommitted to: a) writing to all relevant authorities, such as Essential Energy, requesting that they adhere to the same policies for work within the road corridor; and b) noting that emergency road works are exempt from the above policies. Work began in about March 2023 on the pedestrian crossing on Murwillumbah Road. The location sits on route 3 named in Resolution 23-034. The work later expanded to a full re-sheeting the roadway, from Federation Bridge north to beyond Main Arm Road. Traffic closures included on Friday 19 May causing long queues (on a Farmers Market morning). 1. why did Resolution 23-034 have no impact on these disruptive roadworks? 2. can the disruption be avoided on subsequent Fridays? Response Director Infrastructure Services: Council’s Construction Team were aware of the above resolutions and had made plans not to work on Friday mornings as part of the planned works. The team were very conscious of the Council resolution, but unfortunately had to work on Friday 19 May 2023 due to emergency works following a watermain being struck by machinery the day before. The team were making the site safe for the weekend. The team worked hard to maintain two lanes of traffic for the majority of the day whilst making the area safe for the weekend. The watermain was struck because in that location the watermain only had 200mm of cover below road level. It was deeper in other areas investigated as part of the project planning. 600mm cover is generally considered minimum cover for most utilities. It is understood by staff that emergency works are exempt under both resolutions (Res 22-741 and Res 23-034). |
There being no further business the meeting concluded at 3.22pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 10 August 2023.
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Mayor Michael Lyon