Ordinary Meeting Minutes
26 October 2023
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 26 October 2023 COMMENCING
AT 9:05AM AND
CONCLUDING AT 2:55PM
I2023/1621
PRESENT: Cr
M Lyon (Mayor), Cr S Balson, Cr D Dey, Cr A Hunter,
Cr S Ndiaye, Cr A Pugh, Cr M Swivel [Audio-Visual] 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)
Chris Soulsby (A/Manager Assets and Major Projects)
Ralph James (Legal Counsel)
Shannon McKelvey (Executive Officer) – Item 9.1
James Brickley (Manager Finance) – Item 13.8
James Flockton (Infrastructure Planning Coordinator)
– Items 13.12, 14.5
Amber
Evans Crane (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:
Public Access
|
Report No and Title
|
Name
|
For/
Against
|
Representing Organisation
|
Submission Received via
|
|
13.1
|
Bangalow Heritage House
|
Christobel Munson
|
Against
|
Bangalow Historical Society
|
In person
|
|
|
|
|
|
|
Cr Pugh joined the meeting at 9:27AM.
|
Report No and Title
|
Name
|
For/
Against
|
Representing Organisation
|
Submission Received via
|
|
13.9
|
PLANNING - 26.2022.2.1 Gulgan North
Planning Proposal - BILS Area 5
|
Stephen Connelly
|
For
|
Planners North
|
In person
|
|
|
|
|
|
|
Submissions
|
Subject
|
Name
|
Representing
|
Submission Received in
form of
|
|
Residents’ concerns regarding development of a
Gym at 38 Tweed Street, Brunswick Heads
|
Olwyn Heathwood
|
Self
|
In person
|
|
Help finding a Mens Shed
|
Garry Eastburn
|
Byron Bay Mens Shed
|
In person
|
|
Proposed development areas Mullumbimby
|
Matthew Lambourne
|
Self
|
In person
|
|
Firefighting Water Tanks
|
John Anderson
|
Self
|
Read by staff
|
Cr
Swivel left the meeting at 10:07AM and did not return.
|
|
Procedural
Motion
|
|
23-464
|
Resolved that
Public Access be extended until 10:30am. (Lyon)
The motion was put to the vote and
carried unanimously.
|
|
Subject
|
Name
|
Representing
|
Submission Received in
form of
|
|
Firefighting Water Tanks
|
John Anderson
|
Self
|
Read by staff
|
The
meeting adjourned at 10:20AM for a short break and reconvened at 10:38AM.
Apologies
Cr Coorey is an apology in accordance with her prior
approved leave of absence (Res 23-374).
|
|
Procedural
Motion
|
|
23-465
|
Resolved that
the apology from Cr Swivel be accepted and a leave of absence granted for the
26 October 2023 Ordinary Council Meeting. (Lyon)
The motion was put to the vote and carried
unanimously.
|
Applications
to Attend by Audio-Visual Link
There were no applications to attend via
audio-visual link.
Requests
for Leave of Absence
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
|
23-466
|
Resolved that
the minutes of the Ordinary Meeting held 28 September 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.
13.1 Bangalow Heritage House
Corporate and Community Services
Report No.
13.3 Council Investments - 1 September to 30 September
2023
Report No. 13.6 Call
for Nominations to Australian Coastal Councils Association (ACCA) Committee of
Management
Report No. 13.8 Ocean Shores
Art Expo - Request for Financial Assistance
Sustainable Environment and Economy
Report No.
13.9 PLANNING - 26.2022.2.1 Gulgan North Planning
Proposal - BILS Area 5
Report No.
13.10 Update Resolution 23-056 Short Term Rental Accommodation
Consent Conditions
Infrastructure Services
Report No.
13.11 Draft Single-use Packaging and Materials Policy
Report No.
13.12 Seven Mile Beach Road - Parking Management Options
Reports of Committees
Sustainable Environment and Economy
Report No. 14.3 Report
of the Biodiversity Advisory Committee Meeting held on 21 September 2023
Infrastructure Services
Report No. 14.5 Report of the
Floodplain Management Advisory Committee Meeting held on 19 September 2023
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. 23-467 and concluding with Resolution No. 23-488.
Staff Reports - General Manager
|
|
Report No. 13.2 Proposed
lease extension - Council and TAFE NSW - Bayshore Drive, Byron Bay
File No: I2023/1469
|
|
23-467
|
Resolved that Council consents to the proposed
extension of the future TAFE NSW lease of Council land at Bayshore Drive,
Byron Bay, from 20 years to 30 years and delegates to the General Manager the
authority to sign all documents necessary to give effect to the extension. (Lyon/Ndiaye)
|
Staff Reports - Corporate and
Community Services
|
|
Report No. 13.4 Annual
Report 2022/23
File No: I2023/1537
|
|
23-468
|
Resolved that Council notes the Annual Report 2022/23
at Attachment 1 (#E2023/84193) to this report, and its submission to the
Minister for Local Government. (Lyon/Ndiaye)
|
|
|
Report No. 13.5 Draft
2022/2023 Financial Statements
File No: I2023/1583
|
|
23-469
|
Resolved:
1. That
Council adopts the Draft 2022/2023 Financial Statements incorporating the
General Purpose Financial Statements (#E2023/106411) and Special Purpose
Financial Statements (#E2023/106410).
2. That
Council approves the signing of the “Statement by Councillors and
Management” in accordance with Section 413(2)(c) of the Local
Government Act 1993 and Section 215 of the Local Government (General)
Regulation 2021 in relation to the 2022/2023 Draft Financial Statements.
3. That the
Audited Financial Statements and Auditors Report be presented to the public
at the Ordinary Meeting of Council scheduled for 23 November 2023 in
accordance with Section 418(1) of the Local Government Act 1993.
(Lyon/Ndiaye)
|
|
|
Report No. 13.7 Grants
September 2023
File No: I2023/1568
|
|
23-470
|
Resolved that Council
notes the grant submissions report for the month of September 2023
(Attachment 1 #E2023/106117). (Lyon/Ndiaye)
|
Reports of Committees - Sustainable
Environment and Economy
|
|
Report No. 14.1 Report
of the Heritage Advisory Committee Meeting held on 31 August 2023
File No: I2023/1444
|
|
23-471
|
Resolved that Council
notes the minutes of the Heritage Advisory Committee Meeting held on 31
August 2023. (Lyon/Ndiaye)
|
|
|
Report No. 14.2 Report
of the Housing and Affordability Advisory Committee Meeting held on 21
September 2023
File No: I2023/1458
|
|
23-472
|
Resolved that Council
notes the minutes of the Housing and Affordability Advisory Committee Meeting
held on 21 September 2023. (Lyon/Ndiaye)
|
Reports of Committees -
Infrastructure Services
|
|
Report No. 14.4 Report
of the Local Traffic Committee Meeting held on 19 September 2023
File No: I2023/1450
|
|
23-473
|
Resolved that Council notes the minutes of the Local
Traffic Committee Meeting held on 19 September 2023. (Lyon/Ndiaye)
|
|
23-474
|
Resolved that Council adopts
the following Committee Recommendation:
Report No.
6.1 New Road Barriers for Riverside Crescent, Brunswick Heads
File No: I2023/1074
Committee
Recommendation 6.1.1:
That the Local Traffic Committee approves installation of
semi-permanent fixed signage and precast concrete islands to replace the
temporary water filled barriers on the north bound leg of Riverside Crescent
roundabout in Brunswick Heads. (Lyon/Ndiaye).
|
|
23-475
|
Resolved that Council adopts
the following Committee Recommendation:
Report No.
6.2 No stopping signage for sewage pump station access (Shire- wide)
File No: I2023/1371
Committee Recommendation 6.2.1:
That the Local Traffic Committee endorses the installation
of parking restrictions at the two locations figures 1 & 2 being;
1. Location
1: Kingsford Drive, Brunswick Heads between property number 23 & 25.
2. Location
2: Kingsford Drive, Brunswick Heads opposite property number 87.
(Lyon/Ndiaye).
|
|
23-476
|
Resolved that Council adopts
the following Committee Recommendation:
Report No.
6.3 Bayshore Dr / Ewingsdale Rd Roundabout Linemarking Improvements
File No: I2023/1372
Committee Recommendation 6.3.1:
That the Local Traffic Committee endorses the proposed
spiral treatment at the roundabout intersection of Ewingsdale Road / Bayshore
Drive, Byron Bay. (Lyon/Ndiaye).
|
|
|
Report No. 14.6 Report
of the Infrastructure Advisory Committee Meeting held on 21 September 2023
File No: I2023/1463
|
|
23-477
|
Resolved that Council
notes the minutes of the Infrastructure Advisory Committee Meeting held on 21
September 2023. (Lyon/Ndiaye).
|
|
23-478
|
Resolved that Council adopts
the following Committee Recommendation:
Report No.
4.1 Shire Wide Pedestrian Crossing Upgrades
File No: I2023/1142
Committee Recommendation 4.1.1:
That Council endorses the proposed upgrade program for
Byron Shire zebra crossings, subject to funding availability. (Lyon/Ndiaye).
|
|
|
Report No. 14.7 Report
of the Local Traffic Committee Meeting held on 15 August 2023
File No: I2023/1225
|
|
23-479
|
Resolved that Council notes the minutes of the Local
Traffic Committee Meeting held on 15 August 2023. (Lyon/Ndiaye).
|
|
23-480
|
Resolved that Council adopts
the following Committee Recommendation:
Report No.
6.1 Gilmore Crescent, Byron Bay - Regulatory Signage, new carpark.
File No: I2023/907
Committee Recommendation 6.1.1:
That this report be noted as it was
considered at the previous Local Traffic Committee held on 21 July 2023. (Lyon/Ndiaye).
|
|
23-481
|
Resolved that Council adopts
the following Committee Recommendation:
Report No.
6.2 Bayshore Drive - Parking Signage Exception For Permit Holders.
File No: I2023/909
Committee Recommendation 6.2.1:
That the Local Traffic Committee
endorse the permit holder exception from 1am – 6am on Bayshore Drive,
between Wallum Place and the railway tracks to the north. (Lyon/Ndiaye).
|
|
23-482
|
Resolved that Council adopts
the following Committee Recommendation:
Report No.
6.3 544 Coolamon Scenic Drive - Regulatory Signage & Line Marking
for upgrade driveway crossovers - Road Safety Audit
File No: I2023/1125
Committee Recommendation 6.3.1
That the Local Traffic Committee
endorse the proposed regulatory signage and line marking within Coolamon
Scenic Drive, Coorabell as per attachment 1 (#E2023/63902).
(Lyon/Ndiaye)
|
|
23-483
|
Resolved that Council adopts
the following Committee Recommendation:
Report No.
6.4 No Parking Area - Booyun Street, Car Park (CWA and Brunswick Heads
Public School)
File No: I2023/1139
Committee Recommendation 6.4.1
That the Local Traffic Committee
supports the No Parking restrictions shown in figure 1, contained within this
report. (Lyon/Ndiaye).
|
|
23-484
|
Resolved that Council adopts
the following Committee Recommendation:
Report No.
6.5 Proposed BAR type intersection on Bangalow Road
File No: I2023/1188
Committee Recommendation 6.5.1
That the Local Traffic Committee
support the line markings associated with the Bangalow Road intersection
works, as shown in Attachment 1 (E2023/81016). (Lyon/Ndiaye).
|
|
23-485
|
Resolved that Council adopts
the following Committee Recommendation:
Report No.
6.6 South Beach Road, Parking Area
File No: I2023/1198
Committee Recommendation 6.6.1
That the Local Traffic Committee
endorse the proposed No Parking Area scheme for South Beach Road and South
Beach Lane, Brunswick Heads. (Lyon/Ndiaye).
|
|
23-486
|
Resolved that Council adopts
the following Committee Recommendations:
Report No.
7.1 Road Safety Improvements to Warrambool Road and Coomburra Crescent
Intersection Ocean Shores
File No: I2023/780
Committee Recommendation 7.1.1
That the Local Traffic Committee support:
1. The
concept for further development and reporting to future committee meeting.
2. Council
seeking funding for these changes. (Lyon/Ndiaye).
|
Confidential Reports - General
Manager
|
|
Report No. 16.1 Confidential - Negotiations to
dispose of and acquire land interests
File No: I2023/1534
|
|
23-487
|
Resolved that Council resolves to acquire and dispose
of interests in land and deal with that land as detailed in the confidential
report on pages 155 to 156 of the Agenda. (Lyon/Ndiaye).
|
|
|
Report No. 16.2 Confidential - Proposed sale of part
lot 12 Bayshore Drive
File No: I2023/1488
|
|
23-488
|
Resolved that Council
enter a contract for sale regarding the land the subject of this report for a
sale price of not less than $1,930.00 per square metre for the land’s
“developable area”. (Lyon/Ndiaye).
|
|
|
Procedural
Motion
|
|
23-489
|
Resolved that
Council changes the order of business to deal with Reports 13.9, 13.1 and
12.1 next on the Agenda. (Lyon/Westheimer)
The motion was put to the vote and
carried unanimously.
|
Staff Reports - Sustainable
Environment and Economy
|
|
Report No. 13.9 PLANNING
- 26.2022.2.1 Gulgan North Planning Proposal - BILS Area 5
File No: I2023/142
|
|
23-490
|
Resolved that Council:
1. Notes the current
deficit of available zoned and fit for purpose ‘Business and Industrial
Land’ in Byron Shire, and that the Planning Proposal for Area 5 Gulgan
North partly addresses this.
2. Notes that
the Planning Proposal provides for a mix of uses compatible to the site
opportunity and constraints, including a new sub land use category of
‘Work-Live’ dwelling.
3. Accepts the
applicant’s letter of offer to enter into a Planning Agreement
(Attachment 10 E2023/102502) with Council as part of this planning proposal
and require that a draft Planning Agreement be prepared in accordance with
the letter of offer.
4. Amends the
Planning Proposal land use zone mapping to accord with Figure 5 of this
report.
5. Amends the
Planning Proposal to identify the subject land on a Local Clauses Map, with
that portion of the subject land proposed to be zoned E3 Productivity Support
identified as a ‘Work-Live precinct’.
6. Prior to
requesting a Gateway determination:
a) requires
the proponent to submit an updated Cultural Heritage Assessment,
b) forwards the draft planning proposal and relevant
studies to Transport for NSW to obtain an
‘in-principle’ agreement to a speed zone reduction at the
approach to the proposed roundabout,
c) forwards the
draft planning proposal and relevant to studies to the Biodiversity
Conservation Division of the NSW DPE for comment and any necessary changes to
the Planning Proposal
7. Pending
completion of ‘6, finalise and forward the planning proposal and
supporting documents for the land known as Area 5 Gulgan North (informed by
the Byron Shire Business and Industrial Lands Strategy) to the Department of
Planning and Environment for the purpose of obtaining a Gateway
Determination, and that Council exhibit the Planning Proposal in accordance
with the Gateway Requirements.
8. Notes that a draft
Development Control Plan to support the Planning Proposal will be prepared to
manage building design and general site requirements including public
transport, active transport, location of any bus stops and integration with
any intersection upgrade and be exhibited alongside the Planning Proposal.
9. Notes that
legal drafting of the draft Planning Agreement will be prepared and exhibited
alongside the Planning Proposal. (Westheimer/Lyon)
The motion was put to the vote and
carried unanimously.
Crs Dey, Ndiaye, Lyon, Westheimer,
Balson, Pugh and Hunter voted in favour of the motion.
Nil voted against the motion.
|
Staff Reports - General Manager
|
|
Report No. 13.1 Bangalow
Heritage House
File No: I2023/1370
|
|
23-491
|
Resolved that
Council:
1. Defers
consideration of this matter until no later than December 2023 so that
Council can engage with the Bangalow Historical Society about the matters
raised during public access regarding the future use of Bangalow Heritage
House.
2. Appoints
Councillor Pugh as a councillor representative and Councillor Dey as an
alternative to be involved in these discussions. (Dey/Ndiaye)
|
Cr Ndiaye left the Chambers at 11:24AM.
The motion was put to the vote and
carried.
Cr Ndiaye was not present for the
vote.
Cr Ndiaye returned to the Chambers at
11:26AM.
Delegates'
Reports
Delegate's Report No. 12.1 National Inaugural First Nations Dingo
Forum
File No: I2023/1560
Cr Balson gave a Delegate’s Report
on the National Inaugural First Nations Dingo Forum.
Notices of
Motion
|
|
Notice of Motion No. 9.1 Aboriginal Housing on
Country
File No: I2023/1545
|
|
|
Procedural
Motions:
|
|
23-492
|
Resolved that
Cr Pugh be granted a two minute extension to his speech. (Lyon)
The motion was put to the vote and
carried unanimously.
|
|
23-493
|
Resolved that
Cr Ndiaye be granted a two minute extension to her speech. (Lyon)
The motion was put to the vote and
carried unanimously.
|
Cr Ndiaye left the Chambers at 12:20PM.
|
23-494
|
Resolved that
this matter (Notice of Motion 9.1) rest on the table. (Lyon)
The motion was put to the vote and
carried.
Cr Dey voted against the motion.
Cr Ndiaye was not present for the
vote.
|
|
|
Notice of Motion No. 9.2 Voting delegate review
LGNSW Annual Conference 2023
File No: I2023/1557
|
|
|
Procedural
Motion
|
|
|
23-495
|
Resolved that this matter (Notice of Motion 9.2) rest
on the table. (Dey/Lyon)
The motion was put to the vote and
carried.
Cr Ndiaye was not present for the
vote..
|
Mayoral
Minute
There was no Mayoral Minute.
Reports
of Committees - Infrastructure Services
|
|
Report No. 14.5 Report
of the Floodplain Management Advisory Committee Meeting held on 19 September
2023
File No: I2023/1454
|
|
|
Moved that
Council notes the minutes of the Floodplain Management Advisory Committee
Meeting held on 19 September 2023. (Hunter/Pugh)
|
|
|
Moved that Council does not adopt Committee Recommendation 4.2
as shown in the attachment to this report, but instead adopts the Management Recommendation
as follows:
Report No.
4.2 Byron Bay Drainage Upgrade - Project Update
File No: I2023/980
Committee Recommendation 4.2.1
That the Council notes the update on the Byron Drainage
Upgrade Strategy and recommend that a scenario be examined with gravity
system with flood gates instead of pumps.
Management Recommendation
That the Council notes the update on
the Byron Drainage Upgrade Strategy.
(Hunter/Pugh)
|
Cr Lyon left the meeting at 1:07PM, during which time Cr
Ndiaye acted as the chair. Cr Lyon returned at 1:10PM and resumed the chair.
The motions (Hunter/Pugh) were put to
the vote and declared lost.
Crs Balson, Westheimer, Ndiaye, and
Dey voted against the motion.
FORESHADOWED
MOTION:
|
|
Report No. 14.5 Report
of the Floodplain Management Advisory Committee Meeting held on 19 September
2023
File No: I2023/1454
|
|
|
Procedural
Motion
|
|
23-505
|
Resolved that
this matter (Report 14.5) rest on the table. (Ndiaye/Lyon)
The motion was put to the vote and
carried unanimously.
|
The meeting adjourned at 1.32pm for a lunch break and
reconvened at 2.24pm.
|
|
Procedural
Motion
|
|
23-506
|
Resolved that
Report No. 14.5 be lifted from the table. (Lyon)
The motion was put to the vote and
carried unanimously.
|
|
|
Report No. 14.5 Report
of the Floodplain Management Advisory Committee Meeting held on 19 September
2023
File No: I2023/1454
|
|
23-507
|
Resolved that Council notes the minutes of the Floodplain
Management Advisory Committee Meeting held on 19 September 2023. (Dey/Westheimer)
|
|
|
23-508
|
Resolved that Council adopts
Committee Recommendation 4.2 as shown in the attachment to this report:
Report No.
4.2 Byron Bay Drainage Upgrade - Project Update
File No: I2023/980
Committee Recommendation 4.2.1
That the Council notes the update on
the Byron Drainage Upgrade Strategy and recommend that a scenario be examined
with gravity system with flood gates instead of pumps (Dey/Westheimer)
The motion was put to the vote and
carried unanimously.
|
The motions (Resolution 23-507
and 23-508) were put to the vote and carried.
Crs Hunter, Pugh, and Lyon against the
motion.
|
|
Notice of Motion No. 9.1 Aboriginal Housing on
Country
File No: I2023/1545
|
|
23-509
|
Resolved that Council:
1. Recognises:
a) The
inherent right of Aboriginal and Torres Strait Islander People to live on
Country.
b) The
importance of living on Country to the physical, social and cultural
well-being of Aboriginal People.
c) That
the housing crisis is disproportionately impacting Aboriginal People and has
made living on Country even more difficult. This has been further exacerbated
by the significant number of Arakwal, Widjabul Wia-bal and Minjungbal People
impacted by the floods in Byron and neighbouring shires including Lismore,
Tweed, and Ballina.
d) The
expressed issues that stem from not living on Country including impacts on
the ability of Aboriginal People to participate in consultation and
governance functions, to create and enjoy their own art and cultural activities,
the subsequent limitations on health service delivery and the limitations on
the ability to also work on Country.
e) The
work that Native Title Bodies Corporate and Local Aboriginal Land Councils do
to deliver housing for their members and the broader Aboriginal community,
which in the Byron Shire includes Bundjalung of Byron Bay Aboriginal
Corporation (Arakwal) and Widjabul Wia-bal Corporation, and the Tweed Byron,
Ngulingah and Jali Local Aboriginal Land Councils.
f) That
there are a variety of ways to deliver housing to facilitate living on
Country beyond social housing.
2. Make
strong representations to the NSW Reconstruction Authority that the land they
have identified within Byron Shire under the Resilient Lands Program includes
Aboriginal owned housing for Aboriginal people.
3. Will
engage, separately and together, the Byron Shire’s Native Title
Corporations, Local Aboriginal Land Councils, and other relevant stakeholders
to ensure the development of Aboriginal and Torres Strait Islander Housing on
Country by:
a) wherever
council has the power to, ensuring that the areas identified under the
Resilient Lands Strategy within the Byron Shire includes Aboriginal owned
housing for Aboriginal people
b) embedding
the delivery of Aboriginal owned housing for Aboriginal people within the
objectives and actions of Council’s Residential Strategies, including
the refresh currently on exhibition, and that Council receives a report on
what will be included on the various Residential Strategies.
c) creating
opportunities in the Byron Shire, and across the region, for housing on
Country including for example:
· through
the Strategies of the representative Aboriginal organisations and their
existing projects and programs
· on
Council or State owned land, including possible transfer of title
· through
Council’s Affordable Housing Contributions Scheme
· through
collective lobbying, negotiation and advocacy with NSW and Federal
Governments
d) using
Indigenous Land Use Agreements and Aboriginal Land Agreements where
appropriate
e) potentially
offsetting past and future Native Title compensation liability
f) engaging
with any other appropriate matters.
4. Ensuring
wherever possible, that Aboriginal housing provided through these initiatives
prioritises housing Native Title holders and their descendants (as they are
known and recognised by the relevant Native Title organisation) to live on
Country as the recognised First Nations peoples of the Byron Shire. (Pugh/Balson)
The motion was put to the vote and
carried.
Crs Hunter and Lyon voted against
the motion.
|
Minutes
