Minutes
Ordinary (Planning) Meeting
Thursday, 10 August 2023
BYRON SHIRE COUNCIL
Minutes
The following items are listed in the order in which they were dealt with.
Report No. 13.1 Classification of Council land - lot 194 in DP 1281667
Report No. 13.3 Federal Village Community-led Masterplan Evaluation
Report No. 13.2 Five year lease to Mullumbimby Community Preschool Association Incorporated
BYRON SHIRE COUNCIL
Minutes
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 10 August 2023 COMMENCING AT 9.10AM AND CONCLUDING AT 12.24PM.
I2023/1151
PRESENT: Cr M Lyon (Mayor), Cr S Balson, 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)
Dylan Johnstone (Development Investigations Lead – Item 13.5)
Chris Larkin (Manager Sustainable Development – Item 13.4)
Steve Daniels (Planner – Item 17.1)
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.
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 |
|
13.5 |
PLANNING - Post Exhibition Submissions Report - Planning Proposal -26.2021.6.1 - 103 Yagers Lane, Skinners Shoot |
For |
Maggie Schreiber |
Self |
In person |
Kate Singleton |
Planners North (Business) |
In person |
|||
Against |
Anthony Pangallo |
Skinners Shoot Resident Group (Community group) |
In person |
The meeting adjourned at 9.44am for a recess break and reconvened at 10.02am.
There were no apologies.
Applications to Attend by Audio-Visual Link
No applications for attendance via audio-visual link..
Requests for Leave of Absence
|
Procedural Motion |
Resolved that Cr Swivel be granted a leave of absence from the 24 August 2023 Council Meeting. (Lyon) The motion was put to the vote and carried unanimously. |
Declarations of Interest – Pecuniary and Non-Pecuniary
There were no Pecuniary and Non-Pecuniary Declarations of Interest.
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 David Haupt in the position of Road and Bridge Engineer.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the Ordinary (Planning) Meeting held 8 June 2023 be confirmed. (Lyon/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. 13.2 Five year lease to Mullumbimby Community Preschool Association Incorporated
Sustainable Environment and Economy
Report No. 13.4 PLANNING - 26.2022.11.1 Housekeeping Amendments to Byron Local Environmental Plan 2014
Report No. 13.5 PLANNING - Post Exhibition Submissions Report - Planning Proposal - 26.2021.6.1 - 103 Yagers Lane, Skinners Shoot
Late Reports
Report No. 17.1 Deputy Secretary NSW Planning requirements of Byron Shire Council to address Independent Planning Commission Advice Report on Byron Shire Short Term Rental Accommodation in relation to Housing Supply 26.2020.1.1
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. 23-309 and concluding with Resolution No. 23-310.
Staff Reports - General Manager
|
Report No. 13.1 Classification of Council land - lot 194 in DP 1281667 File No: I2023/966
|
Resolved that Lot 194 DP 1281667 be classified “operational” under the Local Government Act 1993. (Lyon/Hunter) |
Staff Reports - Sustainable Environment and Economy
|
Procedural Motion |
Resolved that Council change the order of business to deal with Report 13.5 next on the Agenda. (Lyon) The motion was put to the vote and carried unanimously. |
Staff Reports - Sustainable Environment and Economy
Staff Reports - General Manager
Staff Reports - Sustainable Environment and Economy
Report No. 13.4 PLANNING - 26.2022.11.1 Housekeeping Amendments to Byron Local Environmental Plan 2014
File No: I2023/502
|
Moved that Council: 1. Submits the planning proposal contained in Attachment 1 (E2022/117263) to the NSW Department of Planning and Environment for Gateway determination. 2. Subjects to the Gateway determination, undertake public exhibition of the planning proposal and consult with government agencies as required by the Gateway determination; and 3. Receives a submissions report outlining the exhibition outcomes. 4. In relation to the amended clause 4.1C ‘Boundary changes between lots in certain rural and conservation zones’, prepares supporting DCP provisions to provide clearer guidance around interpretation of the term “altered” boundary and clause objectives. 5. Includes Item 9, FSR at New Brighton and Suffolk Park, in the Agenda for a future Councillor Workshop for discussion. (Dey/Pugh) |
AMENDMENT
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Question With Notice No. 14.1 Urban water & sewer systems File No: I2023/1113
|
|
Cr Dey asks the following question: Council sponsored me to attend the Local Gov’t NSW Water Management Conference in Parkes in June. The biggest message to take home from the Conference is that society undervalues our Water and Sewage Treatment Plant Operators. This raises questions around whether we pay Byron operators at minimum rates, or at rates commensurate with the high cost of living in our area. When Council is faced with an emergency, like the floods of 2022, we want our Water and Sewage System Operators to be local so that they can actually get to the sites they operate, even when comms are down and access is cut. This means living locally, so that water supply is not prejudiced by lack of staff and so that sewage continues to be collected and treated, rather than overflowing raw into the environment (including into the suburbs from which it should have been pumped away). 1. Do we pay Byron operators at rates commensurate with the high cost of living locally? Several presenters at the Conference raised issues and offered services around reducing carbon emissions, which are prolific especially from sewage pumping and treatment. The Office of Energy & Climate Change (scc@environment.nsw.gov.au) offers expertise to Councils and Joint Organisations including on pathways to renewable energy financing. They also issue a guide known as “Beam Solar Tool”. 2. Is Council aware of or have we used the “Beam Solar Tool” available as above? 3. Is Council aware of or have we used the Sewage and Water Treatment Efficiency Toolkit available under the “Net Zero Regional Council project”? Exhibitors at the Conference also offered services. They included Bridgeford Group who consult on energy, engineering and efficiency. They undertake initial high-level assessments of a Council’s practices and are of the view that endeavours, to date, focus mostly on electricity generation, for supply at high use sites. Council does generate renewable energy at several sites. Further to this: 4. Do we share excess power between sites, on a Virtual Energy Network (“behind the meter”)? 5. If so, has Council considered storage within our VEN? Response Director Infrastructure Services: 1. Do we pay Byron operators at rates commensurate with the high cost of living locally? All staff are paid in accordance with the Byron Shire Council salary system which is based on the Local Government State Award (2023) and Industry Standards. In July 2023, a 4.5% wage increase was applied to all employees under the Award. This negotiated salary increase is a reflection of the recognised impact of the rising cost of living across the State and local area. 2. Is Council aware of or have we used the “Beam Solar Tool” available as above? Yes, Council is aware but does not use this tool. Council can investigate this Tool at request of Council. BSC Utilities Department has a dedicated Sustainability Officer that provides this service to Council around reducing carbon emissions. This gets reported back to the Sustainability team for annual reporting. Utilities Department has set aside budget on an annual basis for undertaking energy improvements. Staff can provide a further report if required. 3. Is Council aware of or have we used the Sewage and Water Treatment Efficiency Toolkit available under the “Net Zero Regional Council project”? Yes, Council is aware and reports of Energy efficiency in relation to treatment. The IS Utilities Department works strategically and operationally with SEE - Sustainability Department in relation to ‘Net Zero Regional Council Project’. Inclusive of capital renewal with a high MCA weighting on emissions (i.e. efficient pump stations and STP blower replacement program). This is monitored monthly and reported on an annual basis by SEE Sustainability Department. 4. Do we share excess power between sites, on a Virtual Energy Network (“behind the meter”)? No 5. If so, has Council considered storage within our VEN? No |
Late Reports
|
Procedural MotionS |
Resolved that Council move into Committee to allow for free debate. (Lyon) The motion was put to the vote and carried unanimously. |
Resolved that Council move out of Committee and resume the Ordinary Planning Meeting. (Lyon) The motion was put to the vote and carried unanimously. |
The motion (Lyon/Balson) was put to the vote and carried unanimously.
Cr Balson left the Chambers at 12:11pm and did not return.
Cr Westheimer left the Chambers at 12:12pm.
UGENCY Motion
|
Procedural Motion |
Resolved that the submission as to bushfire preparedness to NORJO be dealt with at the meeting as the NORJO Agenda is being prepared next Tuesday 15 August 2023. (Coorey/Dey) The motion was put to the vote and carried. Cr Westheimer was absent for the vote.. |
The Mayor declared the item urgent.
Cr Swivel left the Chambers at 12:14pm and returned at 12:20pm
Cr Westheimer returned to the Chambers at 12:15pm
|
No. 1 Matter of Urgency - Bushfire preparedness submission to NRJO
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1. Receives a report at our second September meeting on preparations by Council, and key stakeholder agencies, for the 2023-24 bushfire season and on any implementation by Council or state/federal agencies – of the seventy-six recommendations of the Final Report of the NSW Bushfire Inquiry 2020 2. Requests Cr Lyon to submit an Urgency Motion to the NRJO meeting on 11 August 2023 concerning bushfire preparedness for summer 2023/24 as follows: a) That member Councils provide a report to NRJO on the following: - their LGA’s approaches to, and levels of preparation for, the 2023-24 bushfire season - any implementation – by either member councils or state/federal agencies in their LGA – of the seventy-six recommendations of the Final Report of the NSW Bushfire Inquiry 2020 b) That NRJO considers the implications for the region of the upcoming bushfire season and plans to collaborate on managing the 2023-24 bushfire season c) That any collaboration includes, but is not limited to, cross-border collaboration with Queensland in fighting bushfires in cross border areas including national parks. (Coorey/Dey)
The motion was put to the vote and carried unanimously. |