Minutes
Ordinary (Planning) Meeting
Thursday, 14 September 2023
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 14 September 2023
The following items are listed in the order in which they were dealt with.
Report No. 13.6 PLANNING - Report of the Planning Review Committee held 3 August 2023
Report No. 14.2 Report of the Local Traffic Committee Meeting held on 4 September 2023
Notice of Motion No. 9.2 Annual expenditure on consultants & Conflicts of Interest
Notice of Motion No. 9.5 Non- Lethal Dingo Management Motion LGNSW Annual Conference 2023
Report No. 13.11 Bangalow Sports Fields Plan of Management and Landscape Masterplan
Report No. 13.12 Mullumbimby Heritage Park Landscape Masterplan
Notice of Motion No. 9.1 Murwillumbah Rd Mullumbimby
Report No. 13.1 Council Resolutions Quarterly Review - Q4 - 1 April to 30 June 2023
Report No. 13.2 Revised Delivery Program 2022-26
Report No. 13.10 Levels of Service to Heritage Park Arboretum
Notice of Motion No. 9.3 Notice to LGNSW Annual Conference regarding Ethical Investments
Notice of Motion No. 9.4 Changing policy to remove fossil fuel sponsorship
No. 10.1 Compliance at 160 Koonyum Range Road, Wilsons Creek
Report No. 13.8 Update Resolution 22-459 Wallum Place Affordable Housing Investigation
Question With Notice No. 13.1 Mullumbimby Gravity Sewer Condition
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 14 September 2023 COMMENCING AT 11:00AM AND CONCLUDING AT 6:30PM.
I2023/1353
PRESENT: Cr M Lyon (Mayor), Cr S Balson (left at 3.59pm), Cr C Coorey, Cr D Dey, Cr A Hunter, Cr S Ndiaye, Cr M Swivel and Cr P Westheimer
Staff: Mark Arnold (General Manager)
James Brickley (A/Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Ralph James (Legal Counsel)
Heather Sills (Manager Corporate Services)
Chris Larkin (Manager Sustainable Development – Item 9.3)
Malcolm Robertson (Manager Open Space & Facilities – Items 13.2, 13.12)
James Flockton (Infrastructure Planning Coordinator – Item 9.1)
Christopher Soulsby (A/Manager Assets & Major Projects - Item 13.2)
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/ |
Representing |
Via |
|
9.2 |
Annual expenditure on consultants & conflicts of interest |
Lydia Kindred |
For |
Northern Rivers Railway Ltd |
In Person |
9.5 |
Non- Lethal Dingo Management Motion LGNSW Annual Conference 2023 |
Mat Bell |
For |
Mid Coast Council |
Via Zoom |
13.11 |
Bangalow Sports Field Master Plan |
Simon Field |
Against |
Bangalow Tennis Club |
Read by staff |
13.5 |
PLANNING - 10.2022.502.1 Three Rural Tourist Cabins in Two Stages 56 Taylors Road NASHUA 2479 |
Luke Houghton |
For |
Balanced Systems Planning Consultants |
In person |
13.7 |
PLANNING - S4.55 10.2022.391.2 - Use of Existing and Proposed New Alterations and Additions to an Existing Dwelling, and New Detached Secondary Dwelling, Driveway 5 and Garage – 27 Paterson Street Byron Bay |
Greg Irvine & Ayesha Callan |
Against |
Self |
In person |
13.12 |
Mullumbimby Heritage Park Landscape Masterplan |
Matthew Lambourne |
Against |
Self |
In person |
|
Procedural Motion |
Resolved that Public Access be extended until 12:30pm. (Lyon) The motion was put to the vote and carried unanimously. |
Submissions
Subject |
Name |
Representing |
Via |
Save the Bruns Scribbly Gums |
James Barrie |
Save the Bruns Scribbly Gums |
In person |
Preserve protect endangered flora & fauna species. |
Luciana Bowen |
Self |
In person |
Question No. 1 – South Golden Beach and Marshall Creek flood areas
Kathy Norley, representing South Golden Beach Community, asked the following question:
When did the North Byron Flood Management Plain with no fill change? Information suggests an “Amendment” was made in Council approximately 2 years ago.
Is there still no fill in the Marshall Creek flood plain, and if not, who changed it, why not and who is going to be responsible for any future flooding that may occur when this has been allowed to happen?
The Mayor took the question on notice.
Question No. 2 – Changing the Criteria for NRRC Funding
Noelle Maxwell, representing Byron Shire Flood Recovery Group, asked the following question:
How can we change the criteria that everyone in the Byron Shire has had to meet for NRRC funding?
The Mayor took the question on notice.
The meeting adjourned at 12:36pm for a lunch break and reconvened at 1:25pm.
Cr Pugh is an apology in accordance with his prior accepted leave of absence.
(Resolution No. 23-322)
Applications to Attend by Audio-Visual Link
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Procedural Motion |
Resolved that Cr Coorey be permitted to attend the meeting by audio-visual link. (Lyon/Westheimer) The motion was put to the vote and carried unanimously. |
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Procedural Motion |
Resolved that Cr Coorey be granted a leave of absence from the 26 October 2023 Council Meeting. (Lyon) The motion was put to the vote and carried unanimously. |
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Balson declared a non-pecuniary interest in Report 13.7. The nature of the interest being that one of the Applicants is personally known. Cr Balson elected to remain in the Chamber and will participate in discussion and the vote.
Cr Coorey declared a non-pecuniary interest in Report 13.7. The nature of the interest being that one of the Applicants is personally known. Cr Coorey elected to remain in the Chamber and will participate in discussion and the vote.
Cr Ndiaye declared a pecuniary interest in Report 9.1. Cr Ndiaye elected to leave the Chamber and will not participate in discussion or vote.
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 10 August 2023 be confirmed. (Lyon/Ndiaye) The motion was put to the vote and carried unanimously. |
The Mayor suspended standing orders to allow for items to be reserved for debate, being:
Staff Reports
Corporate and Community Services
Report No. 13.1 Council Resolutions Quarterly Review - Q4 - 1 April to 30 June 2023
Report No. 13.2 Revised Delivery Program 2022-26
Sustainable Environment and Economy
Report No. 13.3 PLANNING - DA 10.2022.289.1 - Relocation and Raising of Existing Dwelling and Construction of New Dwelling to create Dual Occupancy (Detached) at 97 Main Arm Road Mullumbimby
Report No. 13.4 26.2022.5.1 Submissions report - Byron DCP 2014 - Planning controls for rural tourist and visitor accommodation
Report No. 13.7 PLANNING - S4.55 10.2022.391.2 - Use of Existing and Proposed New Alterations and Additions to an Existing Dwelling, and New Detached Secondary Dwelling, Driveway and Garage – 27 Paterson Street Byron Bay
Report No. 13.8 Update Resolution 22-459 Wallum Place Affordable Housing Investigation
Report No. 13.9 Appointment of Replacement Community Member to the Climate Change and Resource Recovery Advisory Committee
Infrastructure Services
Report No. 13.10 Levels of Service to Heritage Park Arboretum
Report No. 13.11 Bangalow Sports Fields Plan of Management and Landscape Masterplan
Report No. 13.12 Mullumbimby Heritage Park Landscape Masterplan
Report No. 13.13 Update on the Additional Flow Path project - Response to Council Resolutions 23-108 and 23-277
Reports of Committees
Sustainable Environment and Economy
Report No. 14.1 Report of the Climate Change and Resource Recovery Advisory Committee Meeting held on 29 June 2023
Infrastructure Services
6.1 Chincogan Charge - 16 September 2023
Confidential Reports
General Manager
Report No. 16.1 Confidential - Lease to Catholic Healthcare Limited over proposed Lot 50 in unregistered plan of subdivision (presently part Folio 188/728535) request for further holding over.
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr Lyon
and seconded by Cr Ndiaye. Each recommendation is recorded with a separate
resolution number commencing at Resolution No. 23-376 and concluding with
Resolution No. 23-378.
Staff Reports - Sustainable Environment and Economy
Reports of CommitteeS - Infrastructure Services
Staff Reports - Sustainable Environment and Economy
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Procedural Motion |
Resolved that Cr Coorey be granted a one minute extension to her speech. (Lyon) The motion was put to the vote and carried unanimously. |
The motion (Coorey/Hunter) was put to the vote and carried unanimously.
Crs Coorey, Hunter, Lyon, Ndiaye, Dey, Swivel, Westheimer and Balson voted in favour of the motion.
Nil voted against the motion.
Notices of Motion
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Notice of Motion No. 9.2 Annual expenditure on consultants & Conflicts of Interest File No: I2023/1317
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1. Discusses at the next available Councillor Workshop reporting that could be received on the following: a) The amounts Council spends in the second & third quarters of the 2023-24 financial year (for the May report) and in the fourth & first quarters of 2023-24 and 2024-25 respectively (for the November report) on consultants, including but not limited to i) contractors retained in-house; ii) technical, legal and financial advice received; iii) assistance in court or on threats of legal action; iv) planning assessment; v) etc. b) Opportunities to retain such capabilities in-house. c) The advantages & disadvantages of external advice over internal. d) What measures could Council take to improve its management of consultants’ potential Conflicts of Interest and related matters. e) Consideration of whether Council could publish the brief that was given to any consultant as part of a Council report that includes the consultant’s report. (Dey/Coorey) |
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Procedural Motion |
Resolved that Cr Dey be granted a one minute extension to his speech. (Lyon) The motion was put to the vote and carried unanimously. |
The motion (Dey/Coorey) was put to the vote and carried.
Crs Coorey, Ndiaye, Dey, Westheimer and Balson voted in favour of the motion.
Crs Hunter, Lyon and Swivel voted against the motion.
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Notice of Motion No. 9.5 Non- Lethal Dingo Management Motion LGNSW Annual Conference 2023 File No: I2023/1325
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1. Recognise that dingoes are native animals with an important ecological role and are worthy of protection and care. 2. Acknowledge the long connection between dingoes and Aboriginal Australians and endeavour to respect this connection in relevant actions of the LGNSW. 3. Recognise that the term ‘wild dogs’ is frequently and incorrectly used to describe dingoes and dingo-hybrids. 4. Commits to: a) working towards new and updated investigations, community education, research, implementation of non-lethal dingo management; and b) advocating for a statewide ban on the use of 1080 as an inhumane and indiscriminate poison. 5. Explores the recognition and protection of dingoes as a native species in the Environment Protection and Biodiversity Conservation Act 1999 (Cth). (Balson/Coorey) The motion was put to the vote and carried unanimously. |
Staff Reports - Infrastructure Services
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Report No. 13.11 Bangalow Sports Fields Plan of Management and Landscape Masterplan File No: I2023/830
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1. Adopts the Bangalow Sportsfields Plan of Management (Attachment 5) and associated concept Landscape Masterplan (Attachment 6). 2. Also, during the detailed design processes: a) engages with stakeholders, including sports users, to investigate the potential of moving the playground to enable a larger footprint for the Change Rooms; and b) consults with neighbouring residents that may be impacted by the expansion of the Change Rooms. (Dey/Lyon) |
Cr Westheimer left the Chambers at 2:51pm
The motion (Dey/Lyon) was put to the vote and carried.
Cr Westheimer was not present for the vote.
Cr Westheimer returned to the Chambers at 2:53pm.
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Report No. 13.12 Mullumbimby Heritage Park Landscape Masterplan File No: I2023/1083
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1. That Council adopts the Heritage Park Landscape Masterplan (Attachment 1, E2023/78596). 2. That in implementing the Masterplan staff make their best endeavours to ensure the formalisation of parking is kept to a minimum and that effective barriers are installed that inhibit vehicle access to the park (eg bollards or plantings). 3. That Council recognises Heritage Park as a sanctuary and showcase for the flora of the Brunswick, Richmond and Tweed Valleys. 4. That Council requests a safety and solutions report regarding the safety of pedestrians and cyclists at the Brunswick Terrace and Tincogan Street intersection. (Swivel/Ndiaye) The motion was put to the vote and carried unanimously. |
Cr Swivel left the Chambers at 3:14pm.
Cr Ndiaye left the Chambers at 3:14pm.
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Notice of Motion No. 9.1 Murwillumbah Rd Mullumbimby File No: I2023/1185
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1. Accepts the need to and if necessary, determine or applies to the relevant authority for the existing, above mentioned, road to become a gazetted road. 2. Accepts responsibility for any future upgrade and ongoing maintenance required to provide suitable, standard vehicular access to the adjoining properties. 3. Investigates an extension of the driveway as a footpath to Laurel Avenue, Mullumbimby. (Hunter/Lyon) The motion was put to the vote and carried. Crs Coorey, Hunter, Lyon, Westheimer and Balson voted in favour of the motion. Cr Dey voted against the motion. Crs Swivel and Ndiaye were absent for the vote. |
Cr Ndiaye returned to the Chambers at 3:41pm.
Cr Swivel returned to the Chambers at 3:41pm.
Staff Reports - Corporate and Community Services
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Report No. 13.1 Council Resolutions Quarterly Review - Q4 - 1 April to 30 June 2023 File No: I2023/1127
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1. Notes the information provided in this report on active Council Resolutions in Attachment 1 (#E2023/67986). 2. Notes the completed Resolutions in Attachment 2 (#E2023/67999). 3. Does not record Resolutions 23-196 and 23-271 as complete, and returns those resolutions to ‘Active Resolutions’. 4. That a report be presented to the December 2023 meeting outlining a program to carry out Resolution 21-240. (Westheimer/Dey) |
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Procedural Motion |
Resolved that Cr Westheimer be granted a one minute extension to his speech. (Lyon) The motion was put to the vote and carried unanimously. |
Cr Balson left the Chambers at 3:59 pm and did not return.
The motion (Westheimer/Dey) was put to the vote and carried.
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Report No. 13.2 Revised Delivery Program 2022-26 File No: I2023/1141
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1. Council endorses the revised Delivery Program 2022-26 (Attachment 1 #E2023/40277) noting the inclusion of indicators from the Outcomes Measurement Framework (Attachment 2 #E2022126119) and the list of services as part of the service review process.
2. In relation to DP Section 3.1 - Partner to nurture and enhance biodiversity, ecosystems, and ecology - Bush regeneration (Council land), Council: a) At the Sept QBR makes an adjustment to Utilities Sewer System budget to allow additional allocation of $28,000 to allow the current Bush Regeneration Program to be extended to cover the Utilities operational lands. b) Requests a future report from Open Space & Facilities on the options to address the Slash Pines plantation and within the Cavanbah Centre Community land. (Westheimer/Lyon) The motion was put to the vote and carried unanimously. |
Staff Reports - Sustainable Environment and Economy
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Report No. 13.9 Appointment of Replacement Community Member to the Climate Change and Resource Recovery Advisory Committee File No: I2023/1118
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Resolved that Council appoints Elizabeth Gray to the Climate Change & Resource Recovery Advisory Committee. (Dey/Lyon) |
Cr Westheimer left the Chambers at 4:20pm.
The motion was put to the vote and carried.
Cr Westheimer was absent for the vote.
Cr Westheimer returned to the Chambers at 4:24pm.
Staff Reports - Infrastructure Services
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Report No. 13.13 Update on the Additional Flow Path project - Response to Council Resolutions 23-108 and 23-277 File No: I2023/1160
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1. Notes the responses in this Report to its Resolutions 23-108 and 23-277 about the Additional Flow Path for STP effluent. 2. Acknowledges that the gradient of the Flow Path is extremely flat, at about 0.1% or 1-in-1000, as described in BMT’s draft report “AFP Discharge Drain Modelling” (Attachment 4; E2020/35472). 3. Puts an item on the next Water and Sewer Advisory Committee meeting Agenda to consider finalisation of the BMT report “AFP Discharge Drain Modelling” (E2020/35472) to consider: a) extending the study area to at least the Belongil Estuary (ie flat surface in dry weather); and b) including the changes in hydrology that will occur when West Byron reaches full development. (Dey/Lyon) |
Cr Swivel left the Chambers at 4:35pm.
The motion (Dey/Lyon) was put to the vote and carried.
Crs Swivel was absent for the vote.
Cr Swivel returned to the Chambers at 4:39pm.
The meeting adjourned at 4.40pm for a break and reconvened at 4.51pm.
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Report No. 13.10 Levels of Service to Heritage Park Arboretum File No: I2023/768
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Resolved that Council notes current Levels of Service to the Heritage Park Arboretum. (Westheimer/Lyon) The motion was put to the vote and carried unanimously. |
Reports of Committees - Sustainable Environment and Economy
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Report No. 14.1 Report of the Climate Change and Resource Recovery Advisory Committee Meeting held on 29 June 2023 File No: I2023/1042
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1. Notes the Minutes of the Climate Change and Resource Recovery Advisory Committee Meeting held on 29 June 2023; 2. Adopts the Committee’s advice on Report 4.2 “Regional Waste Strategy and Waste to Energy” of that June meeting, namely the following Parts 3 to 6; 3. Opposes any incineration or waste treatment that results in worse environmental outcomes than current operations; 4. Supports the approach in the “NSW Energy from Waste Policy Statement 2022”, that incineration facilities for the destruction of waste not be permitted; 5. Supports maintaining an open, investigative approach to long term waste management including alternative waste treatment, ensuring options are assessed transparently (to ensure the best outcome for the environment and our communities); 6. Continues to update the Committee (as part of the Resource Recovery Update to each Committee meeting) on regional waste management initiatives and any progress or changes in “energy from waste” status locally or at state level; and 7. Notes that Council has improved the energy efficiency of our wastewater network and thereby produced verifiable annual savings of over 1GWh or $250,000 per year and that these projects included: i) the installation of solar PV farms at three Sewage Treatment Plants (STPs) with a combined capacity of 303kW ii) upgrading to energy efficient blowers at Byron STP, iii) energy efficiency upgrades to the sewer pump station (SPS) network, and iv) the creation of the position of Sustainability Officer Utilities (SOU). (Dey/Swivel) The motion was put to the vote and carried unanimously. |
Confidential Reports - General Manager
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Report No. 16.1 Confidential - Lease to Catholic Healthcare Limited over proposed Lot 50 in unregistered plan of subdivision (presently part Folio 188/728535) request for further holding over. File No: I2023/1111
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1. That pursuant to Section 10A(2)(d)(i) of the Local Government Act, 1993, Council resolves to move into Confidential Session to discuss the report Lease to Catholic Healthcare Limited over proposed Lot 50 in unregistered plan of subdivision (presently part Folio 188/728535) request for further holding over. 2. That the reasons for closing the meeting to the public to consider this item be that the report contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. 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 all discussions have proceeded on a commercial in confidence basis. Commercial in confidence must be maintained. (Lyon/Westheimer)
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No. 16.1 CONFIDENTIAL - Lease to Catholic Healthcare Limited over proposed Lot 50 in unregistered plan of subdivision (presently part Folio 188/728535) request for further File No: I2023/1111
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1. Confirms its commitment to the continued provision of residential aged care on and from proposed Lot 50 in unregistered plan of subdivision (presently part Folio 188/728535) (the site). 2. Delegates to the General Manager the authority to offer Catholic Healthcare Limited (A.C.N 064 946 318) an additional twelve-months holding over on its two leases to occupy the site at annual rent payable at the value of rent calculated, in accordance with the leases, on 15 November 2023. Both leases to end 14 November 2024. 3. Provides in-principle approval to Catholic Healthcare Limited to nominate to Council a potential new residential aged care provider to take over responsibility for the provision of residential aged care on the site under terms to be negotiated between Council and the new provider. 4. Expresses the community’s appreciation of Catholic Healthcare Limited for (i) continuing to support the residents of Coolamon Villa and (ii) helping seek a replacement service provider. 5. Informs the public of the above outcomes and of the challenges of the financial viability of residential aged care in Australia and in the Shire. 6. Investigates options by which Council can assist transition to a new service provider. (Dey/Ndiaye) The motion was put to the vote and carried unanimously. |
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Procedural Motion |
Resolved that the meeting move out of confidential session. (Lyon) The motion was put to the vote and carried unanimously. |
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Notice of Motion No. 9.3 Notice to LGNSW Annual Conference regarding Ethical Investments File No: I2023/1323
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Resolved that the NSW Local Government Conference: 1. Recognises the importance of Council autonomy in making investment decisions with ratepayer funds. 2. Requests that the NSW Government directly create more ethical and fossil fuel free investment options for Councils. (Lyon/Ndiaye) The motion was put to the vote and carried unanimously. |
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Notice of Motion No. 9.4 Changing policy to remove fossil fuel sponsorship File No: I2023/1324
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1. The NSW Local Government Conference: a) Recognises that fossil fuels are the main driver of climate change and that we are in a climate emergency. b) Recognises that the marketing of high emissions products, such as petroleum and gas through sponsorships or advertising increases demand and delays behaviour changes in the community that are required to reduce emissions. c) Notes that the Federal Government has a responsibility to implement restrictions on fossil fuel advertising through national laws, as was done with tobacco advertising, which saw a proven reduction in tobacco consumption per capita, therefore reducing the health burden of tobacco use.
2. That Local Government NSW a) writes to the Federal Minister for Communications, The Hon Michelle Rowland MP, to ask the Federal Government to pass national laws that restrict fossil fuel advertising; and b) Updates relevant policies to prohibit accepting sponsorships from companies whose business is the extraction, production or sale of coal, petroleum and gas. i) Reviews other policies as appropriate to remove support for companies whose business is the extraction, production or sale of coal, petroleum and gas. ii) Lobbies the NSW Government to support NSW councils to also adopt the banning of fossil fuel sponsorships and advertising. (Lyon/Ndiaye) The motion was put to the vote and carried unanimously. |
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Mayoral Minute No. 10.1 Compliance at 160 Koonyum Range Road, Wilsons Creek
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1. Notes the Mayoral Minute on compliance
at 160 Koonyum Range Road, Wilsons 2. Invites the property owner to attend an independent mediation within 14 days with Council staff. 3. Failing a successful outcome, pursues and completes enforcement action against the property owner in response to the illegal development and earthworks at 160 Koonyum Range Road, Wilsons Creek in accordance with Council’s Enforcement Policy and Council’s 2023 Environment and Safety Priorities Program. 4. Notes that 3 does not prevent the landowner seeking approval for the additional dwelling on a permitted part of the property. 5. Shares with the public an appropriate precis of this matter in the form of a media release. 6. Contacts the occupant, or their advocate, to explain the process above. (Lyon) |
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Procedural MotionS |
Resolved that the Meeting be extended until 6:30pm. (Lyon) The motion was put to the vote and carried unanimously. |
Cr Ndiaye left the Chambers at 5:42pm
Resolved that Cr Swivel be granted a two minute extension to his speech. (Lyon) The motion was put to the vote and carried. Cr Ndiaye was not present for the vote. |
Cr Ndiaye returned to the Chambers at 5:57pm.
The motion (Lyon) was put to the vote and carried unanimously.
There were not petitions tabled.
There were no Delegates’ Reports presented.
Staff Reports - Sustainable Environment and Economy
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Report No. 13.3 PLANNING - DA 10.2022.289.1 - Relocation and Raising of Existing Dwelling and Construction of New Dwelling to create Dual Occupancy (Detached) at 97 Main Arm Road Mullumbimby File No: I2023/21
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Resolved that pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2022.289.1 for Relocation and Raising of Existing Dwelling and Construction of New Dwelling to create Dual Occupancy (Detached), be granted consent subject to the conditions of approval at the end of this report. (Dey/Lyon) |
Cr Westheimer left the Chambers at 6:09pm and did not return
The motion (Dey/Lyon) was put to the vote and carried unanimously.
Crs Coorey, Hunter, Lyon, Ndiaye, Dey and Swivel voted in favour of the motion.
Nil voted against the motion.
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Report No. 13.4 26.2022.5.1 Submissions report - Byron DCP 2014 - Planning controls for rural tourist and visitor accommodation File No: I2023/1108
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Resolved that Council adopts the following amendments to Byron DCP 2014 Part A and Chapter D3: Tourist Accommodation: a) Part A - amend Rural Tourist Accommodation definition to reflect proposed changes shown on page 36 of Attachment 2 (#E2023/50568) b) Chapter D3 (Attachment 3 – #E2022/34439) – reinstate updated Table D3.1 ‘Density of Rural Tourist Accommodation’, as exhibited within the Prescriptive Measures of D3.3.4 c) Chapter D3 (Attachment 3 – #E2022/34439) – add an additional Table D3.2 to regulate farm stay accommodation densities, as exhibited within the Prescriptive Measures of D3.3.4 (Lyon/Ndiaye) The motion was put to the vote and carried unanimously. |
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Report No. 13.8 Update Resolution 22-459 Wallum Place Affordable Housing Investigation File No: I2023/1240
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1. Notes the update of Resolution 22-459 Wallum Place Affordable Housing Investigation and the documented opportunities and constraints relative to development of this site. 2. In response to 1, investigates the potential viability of establishing a Biodiversity Stewardship Agreement over the bulk of the site, except for the operational area around the existing nursery in the western corner of the property. 3. Pending completion of the investigations in ‘2’, support rezoning the bulk of the site to C2 Environmental Conservation Zone, except for the operational area around the existing nursery in the western corner of the property. (Ndiaye/Lyon) The motion was put to the vote and carried unanimously. |
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Question With Notice No. 13.1 Mullumbimby Gravity Sewer Condition File No: I2023/1250
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Cr Hunter asks the following question: I note in the Willow Sparrow Report (2019) of the Mullumbimby Gravity Sewer Condition within the catchment 4001, that of the 109 mains that were assessed, 22 were recommended for immediate replacement in addition to another 22 recommended for immediate minor rectification works and the remaining 87 mains were recommended for re-assessment prior July 2020. Could staff please provide: 1. Further information on how many of the 22 mains recommended for replacement have been completed and how many of the 22 recommended for immediate minor rectification have been attended to and rectified. 2. An explanation of the risk that, in times of heavy rain events storm water or untreated sewerage could enter the decaying system and ultimately into the Brunswick River? Response Director Infrastructure Services 1) The sewer mains required to have structural relining are detailed within the Willow and Sparrow conditions report (attachment 1). A total of 44 sewer lines required remedial works of which 27 had structural re-lining. While 17 had minor rectification works carried out.
2) The rectification works took a risk and condition assessment approach to minimise untreated sewage entering the Brunswick River. This is the purpose of the program. It would be highly unlikely that this would occur where rectification works have been carried out. Attachment 2 is the scope maps showing the sewer main locations.
In summary, the sewer mains in question have been relined. |
URGENCY Motions
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Procedural Motion |
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Moved that the submission as to the Wallum Estate at Bayside, Brunswick Heads be dealt with at the meeting as various Reports have been lodged with Council, with the assessment to be completed shortly, resulting in any approval issuing Subdivision Works Certificate, enabling tree removal and earthworks to start on the next Stages of residential development at Bayside, Brunswick Heads. (Dey/Ndiaye) |
The Mayor did not declare the item urgent.
There being no further business the meeting concluded at 6:30pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 12 October 2023.
….…………………………
Mayor Michael Lyon