Minutes of Ordinary Meeting - Thursday, 14 December 2023

BYRON SHIRE COUNCIL

Ordinary Meeting Minutes 14 December 2023

MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 14 December 2023 COMMENCING AT 9:07AM AND CONCLUDING AT 6:06PM

I2023/1974

PRESENT: Cr M Lyon (Mayor), Cr S Balson (left at 5:33pm), Cr C Coorey (left at 6:04pm), Cr D Dey, Cr A Hunter, Cr S Ndiaye (left at 3:40pm), 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)

Heather Sills (Manager Corporate Services)

Samuel Frumpui (Manager Works)

Sharyn French (Manager Environmental and Economic Planning)

Cameron Clark (Manager Utilities) – Report 17.1

Chris Larkin (Manager Sustainable Development) – Reports 13.2, 13.12, 13.10

Steve Daniels (Planner) – Report 13.6

Danielle Hanigan (Manager Resource Recovery) – Report 13.14

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		For/ Against	Name	Representing	Via
13.2	PLANNING - DA 10.2021.114.1 - Light Industrial Development, ("Fed Sheds") at 467 Federal Drive, Federal	For	Gavin Elterman	Self	In person
		For	Robert Wilcher	Key Point Law	In person
		Against	Dr Goetz Bickert	SCC Steering Group	In person
			Alan Goldstein	Federal Village Masterplan Implementation Group	In person
			Jeff Kahler	Federal School of the Arts Association Inc	In person

Procedural Motion

23-610

Resolved that Public Access be extended to 11:30am. (Lyon)

The motion was put to the vote and carried unanimously.

Public Access continued:

Report No and Title		For/ Against	Name	Representing Organisation	VIa
13.6	Housing Options Paper Submissions Report	For	Peter Arnold	Saddle Road Landholders Group	Read by staff
			Wendy Bithell	Self	In person
			Ian Holmes	Bangalow Community Association	In person
		Against	Jo Pilgrim	Brunswick Heads Progress Association	In person
			Mattew Tree	Self	In person
			Kathryn McConnochie	Byron Environment Centre	Read by staff
			Dwayne Roberts	Ardill Payne and Partners	In person
			Serano Nicolai	Self	Read by staff
			Dale Emerson	Mullumbimby Residents Association	In person
			Sharmin Musca	Self	In person
			Michael M Murray	Byron YIMBY’s	In person
13.10	PLANNING - DA 10.2022.248.1 – Multiple Occupancy Comprising 14 Dwelling Sites and Associated Infrastructure at 16 Whian Road, Eureka	For	Luke Houghton	Balanced Systems Planning Consultants	In person
13.10		Against	Amanda Coutts	Self	In person

In accordance with her declaration of interest, Cr Balson left the meeting for the public access item on report 13.12, the time being 10.55am.

Procedural Motion

23-611

Resolved that Council authorises Sharon Shostak to undertake filming during Item 13.12 of the Public Access session at the Ordinary Meeting held on 14 December 2023.
(Lyon/Swivel)

The motion was put to the vote and carried unanimously.

Public Access continued:

Report No and Title		Name	For/ Against	Representing Organisation	Submission Received in form of
13.12	Wallum Subdivsion DA 10.2021.575.1 - response to Council Resolution 23-454	Against	Aunty Ish	Gugiyn Balun Aboriginal Corporation	Audio recording
			Svea Pitman and Aunty Karen	Self	In person
			James Barrie	Save Wallum	In person
			Lawrence Miles	Minjungbal Tribal people	In person
			Dave Rawlins	Save Wallum	In person
13.13	Brunswick Heads Parking Study Outcomes	For	Jo Pilgrim	Brunswick Heads Progress Association	In person
13.13	Brunswick Heads Parking Study Outcomes	Against	Kim Rosen	Brunswick Heads Chamber of Commerce	In person
13.19	Council Land at Belongil	For	Anthony Pangallo	Self	Via Zoom

Questions

Due to the length of Public Access, all registered questions were taken on notice and not read to the meeting. The following questions were registered.

Name	Representing	Question
Robert Blackwell	Self	*Housing Options Paper* Given that Council's stated number one aim to is to address and provide affordable and diverse housing options for the community, and given the undoubted and the ever present pressures on the planning department, what surety does Council have that each submission made to the recent Housing Options Paper were given full and diligent due consideration, given that the process seemed to be dominated by a number of larger somewhat already in progress concepts or applications and potentially newer or smaller projects were time squeezed or not given the same level of diligence and therefore a potential missed opportunity. Accordingly, what appeal process is in place for recently rejected submissions to the Housing Options Paper?
Gary Haughton	Self	*Fed Sheds revised DA* When is Council upgrading the Coachwood Court stormwater drainage system after the requested inspection and how can council not refuse the development as all overflowing stormwater is flowing into my property without any easement?
Peter Garrard	Self	*Item 13.2 DA 10.2021.114.1 'Fed Sheds'* Are councillors aware of the precedent that would be set if this development is approved? All rural village sites are unsewered, and the need for on-site treatment with appropriate buffers has helped to safeguard the low-density character of these rural areas. Approval of this development means that low cost rural sites throughout the shire will become targeted for inappropriate medium density development.

Name	Representing	Question
Alan Goldstein	Self	*Impacts on Federal Masterplan if FedSheds approved* My one question comes about from the fact that exactly one year ago at this final Council meeting of the year Council, you, adopted and endorsed the Federal Village Masterplan, the first community led Masterplan in the Shire. Councillors and Council knows that this was a herculean effort by the community, and staff. If Councillors accept these amended DA plans, given one of the main Actions out of the Masterplan was Action 5 (slide), can Council or Councillors explain why and how the community and its representatives would continue to have faith that their efforts have any real substantive impact on their desire to be directly involved in the evolution of their village as expressed in their Masterplan?
Ant Solomon	Self	*Item 13.2 'Fedsheds'* In light of the unlawful use of industrial units as residential accommodation in the context of the current housing crisis how does the proponent propose to monitor and manage this potential outcome?
Toni Appleton	Self	*Unreliable Supporting Document re Stormwater* The developer's Stormwater expert 'Floodworks' modelling for the Stormwater Management Plan is based on 750 kL storage, while the revised DA only shows 600kL (240+240+120m3) and claims only 440 kL in the areas schedule. The modelling is based on these confusing assumptions and cannot be compliant. Council's expert missed this. Even using these inaccuracies, how can the 18m3 rain garden be sufficient mitigation during storm events when it will be full in under 2.5 minutes and how can we rely on that expert when this simple error, in favour of the developer's plans, is missed?
Mary Mooney	Self	*Fed Sheds consent conditions* The on-site sewerage system for this development only caters for 30 staff in 8 large industrial units & in the original DA it stated that they could not be used for artisan food & drink or subdivided and sublet. There is no retail allowed and no toilets for visitors. In the previous Council meeting, the proponent suggested that each unit had been specifically designed to enable sub-division of the space to allow smaller businesses, or sole traders, solo artists etc to operate. Can the Council please explain what is actually allowed & how these constraints will be monitored and enforced?
John Vaughan	Self	*Belongil land resolution: Resolving long outstanding boundary issues* Has the Council’s legal officer considered and advised on the fact that following the May 2002 appeal court decision at 87 and their conclusions that Lot 6 and part Lot 7 are effectively held in constructive Trust by Council for the Vaughans pending settlement of the effective propriety estoppel?
Name	Representing	Question
Elizabeth Anne Campbell	Federal School of Arts Association Inc	*Survival of Federal Halls* As the Public Officer of the Federal School of Arts Association Inc which manages the Federal Halls without Council assistance, how does Council plan to support the Federal Halls if this development receives approval to go ahead in its present form?
James Mayson	Self	*Community consultation* In the enforced community consultation, the proponent offered a single concession to move the main building B, back 7 metres from the boundary in order to create a more open space - a sort of village square. Can the proponent please address what they have done with this single concession to the community?
Geoffrey F Cotton	Self	*Budget implications of intersection designs* What provisions will Council make in future budgets for the increased risk of being involved in lawsuits as a result of approving development applications that include new intersections, with council-controlled roads, that knowingly do not meet the required Austroads design specifications for safe sight distance and/or safe stopping distance and how much will these increased costs add to ratepayers’ burden?

The meeting adjourned at 11.41am for a short break and reconvened at 12:10pm.

Reports of Committees – Infrastructure Services

Report No. 14.7 Report of the Water and Sewer Advisory Committee Meeting held on 16 November 2023

File No: I2023/1873

23-631

Resolved that Council notes the minutes of the Water and Sewer Advisory Committee Meeting held on 16 November 2023. (Lyon/Balson)

23-632

Resolved that Council adopts the following Committee Recommendations:

Report No. 4.2 Ocean Shores STP Transfer to Bruns Valley Workshop Presentation

File No: I2023/1753

Committee Recommendation 4.2.1

That Council:

1. Notes the presentation; -

2. Recommends that: -

a) Council notifies the NSW EPA in response to their letter requesting Councils strategic direction being - Option 4R - Partial transfer to BVSTP, with wet weather Storage and minor upgrade; retain OSSTP (capacity limited, with load shedding and minor upgrade).

b) Council staff start project initiation stage for Option 4R - Partial transfer to BVSTP, with wet weather Storage and minor upgrade; retain OSSTP (capacity limited, with load shedding and minor upgrade). (Lyon/Balson)

Report No. 14.8 Report of the Local Traffic Committee Meeting held on 21 November 2023

File No: I2023/1876

23-633

Resolved that Council notes the minutes of the Local Traffic Committee Meeting held on 21 November 2023. (Lyon/Balson)

23-634

Resolved that Council adopts the following Committee recommendation:

Report No. 6.1 Event Parking - Main Beach Car Park

File No: I2023/1714

Committee Recommendation 6.1.1

That the Local Traffic Committee support the implementation of temporary no parking restrictions (for event volunteer/operator parking) in the area referred to in this report, for the 2023 schoolies event and any future events as required. (Lyon/Balson)

23-635

Resolved that Council adopts the following Committee Recommendation:

Report No. 6.2 Temporary Event Parking - Middleton Street Carpark, Byron Bay

File No: I2023/1722

Committee Recommendation 6.2.1

That the Local Traffic Committee endorses the use of the temporary/variable parking restrictions contained within this report, for event parking use in the Middleton Street, Car Park as required. (Lyon/Balson)

23-636

Resolved that Council adopts the following Committee Recommendation:

Report No. 6.3 Extend Existing Two Hour Parking Restrictions - Dalley Street, Mullumbimby

File No: I2023/1743

Committee Recommendation 6.3.1

That the Local Traffic Committee support the extension of the current two hour parking restrictions on the eastern side of Dalley Street, Mullumbimby, south to the boundary of property numbers 124 and 126. (Lyon/Balson)

23-637

Resolved that Council adopts the following Committee Recommendation:

Report No. 7.1 Coolamon Scenic Drive - Slow Vehicle Pull Over Area

File No: I2023/1733

Committee Recommendation 7.1.1

That the Local Traffic Committee support Councils decision to not support requests to formalise a narrow pullover area for heavy vehicles unless a dedicated compliant overtaking arrangement can be achieved. (Lyon/Balson)

23-638

Resolved that Council adopts the following Committee Recommendation:

Report No. 7.2 Give Way Control at Clover Hill Circuit, Bangalow

File No: I2023/1748

Committee Recommendation 7.2.1

That the Local Traffic Committee support installation of give way signage and line marking at the intersection of Clover Hill Circuit and Ballina Road, Bangalow. (Lyon/Balson)

23-639

Resolved that Council adopts the following Committee Recommendations:

Report No. 8.1 Event - Byron Triathlon (11/05/2024) and Mothers Day Run (12/05/2024)

File No: I2023/1663

Committee Recommendation 8.1.1

1. That the Local Traffic Committee support the Byron Bay Triathlon to be held on Saturday 11 May 2024 and the Mothers Day Run to be held on Sunday 12 May 2024.

2. That Council support in Part 1 is subject to:

a) separate approvals by NSW Police and TfNSW being obtained;

b) the event organiser provide council with an updated Traffic Management Plan and Traffic Guidance Scheme/s for the 2023 event;

c) development and implementation of a Traffic Management Plan and Traffic Guidance Scheme/s by those with appropriate TfNSW accreditation and the holding of current and appropriate levels of insurance and liability cover;

d) the impact of the event be advertised, and charged at cost to the organisers, via a notice in the local weekly paper and Variable Message Signage (VMS) a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints;

e) the event be notified on Council’s web page with the event organiser supplying Council with the relevant information;

f) Access from main beach car park to Fletcher St is to be unrestricted at all times.

g) Access to Lawson St between Fletcher St and Middleton St to be permitted at all times.

3. The event organiser to:

a) inform the community and businesses that are directly impacted (e.g. within road closure zones) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised;

b) arranging for private property access and egress affected by the event;

c) liaising with bus, taxi and waste operators and ensuring arrangements are made for provision of services during conduct of the event;

d) consulting with emergency services and any identified issues be addressed;

e) holding $20m public liability insurance cover which is valid for the event;

f) paying Council’s Road Event Application Fee prior to the event. (Lyon/Balson)

23-640

Resolved that Council adopts the following Committee Recommendations:

Report No. 9.1 Soul Street New Years Eve - 31 December 2023

File No: I2023/1269

Committee Recommendation 9.1.1

1. That the Local Traffic Committee support the New Year’s Eve Soul Street event to be held on 31 December 2023.

2. That Council support in Part 1 is subject to:

a) separate approvals by NSW Police and TfNSW being obtained;

b) the event organiser providing council with an updated Traffic Management Plan and Traffic Guidance Scheme/s for the event;

e) the event be notified on Council’s web page and social media with the event organiser supplying Council with the relevant information;

f) access to Lawson Street is to be unrestricted at all times.

3. The event organiser to:

b) arranging for private property access and egress affected by the event;

c) liaising with bus, taxi and waste operators and ensuring arrangements are made for provision of services during conduct of the event;

d) consulting with emergency services and any identified issues be addressed;

e) holding $20m public liability insurance cover which is valid for the event;

f) not place any signage on the road related area of the Pacific Highway. (Lyon/Balson)

Staff Reports – Infrastructure Services

Report No. 13.13 Brunswick Heads Parking Study - Outcomes

File No: I2023/984

Moved that Council defers the Report ‘Brunswick Heads Parking Study - Outcomes‘(I2023/984) until February 2024 to enable further consultation (Hunter/Swivel)

The motion was to put to the vote and declared lost.

Crs Pugh, Balson, Westheimer, Lyon, Dey, and Coorey voted against the motion.

Cr Ndiaye was not present for the vote.

FORESHADOWED MOTION

23-652

Resolved that Council:

1. Notes the consultant’s report provided in Attachment 1 (E2023/1203356);

2. Endorses the implementation of Brunswick Heads pay parking regime scenario 4 (extended boundary) contained within this report as recommended by staff and Bitzios Consulting.

3. Endorses the use of parking sensors on a trial basis within the core commercial centre of town on:

a) the eastern side of Park Street, between Fingal Street and Mullumbimbi Street,

b) the northern side of Fingal Street, between Park Street and Brunswick Tce,

c) the western side of Brunswick Tce, between Fingal Street and Mullumbimbi Street

d) the southern side of Mullumbimbi Street, between Park Street and Brunswick Tce.

4. Receives further reports:

a) detailing the implementation, resourcing and funding plan to deliver and operate the Brunswick Heads pay parking scheme.

b) considering an increase in the residential parking scheme area across a larger part of Brunswick Heads due to potential impacts of an overflow from those wanting to avoid pay parking charges in the scheme area

c) on the impact on potential revenue across the whole scheme of enabling a system whereby residents with cars registered in the NRJO area (Tweed, Ballina, Lismore, Kyogle, Richmond Valley and Clarence LGAs) were to receive a 50% discount on the hourly rate

d) On the impact of hourly rates of $3, $4 and $5

5. Updates the fees and charges to change the ‘Shire Resident or Ratepayer Exemption, or Resident Interim Parking Permit’ from $55 to $0 at the time that the scheme becomes operational in Brunswick Heads. (Lyon/Pugh)

Procedural Motion

23-653

Resolved that Cr Lyon be granted a two minute extension to his speech (Lyon)

The motion was put to the vote and carried unanimously.

The motion (Lyon/ Pugh) was put to the vote and declared carried.

Crs Hunter and Swivel voted against the motion.

The meeting adjourned at 4:13pm for a short break and reconvened at 4.22pm.

Staff Reports – Sustainable Environment and Economy

Report No. 13.6 Housing Options Paper Submissions Report

File No: I2023/1949

23-654

Resolved that Council:

1. Adopts the Housing Options Paper including existing mapped lands and updates a) to d) and Recommendations below to enable staff to complete the 2020 Residential Strategy Refresh:

a) New Dwelling Yield Assumptions

b) Certain New Lands for inclusion

c) Updates to policy and associated actions in 2020 Residential Strategy to address the issues raised during the public comment period where relevant to the 2020 Residential Strategy Refresh

d) The changes needed to the body, content, format and name of the 2020 Residential Strategy to refresh it.

2. Supports the inclusion of new sites/lands in the 2024 Residential Strategy, namely:

a) as identified in Tables 1 and 2 of this report (sites supported) and Attachment 16 (E2023/127137); and

b) Lot 2 DP1275809 and Lot 438 DP729107 Bangalow Road, Byron Bay.

These lands are to be notified on Council web page and letters to adjoining owners for the period December 2023 – January 2024.

3. Does not support inclusion of sites/lands in the 2024 Residential Strategy identified in Tables 1 and 2 of this report and Attachment 17 (E2023/126871).

4. Acknowledges the sites/lands, identified in Table 3 of this report, inside the North Coast Regional Plan 2041 urban growth boundary that do not need to rely upon the 2024 Residential Strategy and that these can proceed to an owner-initiated planning proposal at the landowner’s discretion.

5. Supports the inclusion of sites/lands identified in the Resilient Lands Strategy in the 2024 Residential Strategy and associated actions to confirm a collaborative approach to the planning and development of these sites with State Agencies, Landowners and other stakeholders involved at the relevant time.

6. Notifies State agencies of the decision of Council and agrees to continue to work with them on their submissions.

7. Notes that staff will update the 2020 Residential Strategy as per the report and recommendations adopted in 1.

8. Notes that a Final updated 2024 Residential Strategy will be presented to Council February 2024 for approval to submit to the Department of Planning and Environment.

9. Notes its submission needs to be made before 31 March 2024 to meet Department of Planning and Environment requirements as per Resolutions 23-165 and 23-315.

10. Agrees to receive further updates on a number of recent and related housing resolutions mentioned in the report at future meetings of Council.

11. Requests further consideration by the Department of Planning of the area bounded by Ewingsdale Road to Grays Lane (which includes Buckleys Road) East of the M1 for an extension to the existing urban growth boundary including in the next review of the North Coast Regional Plan 2027.

12. Includes a section in the 2024 Residential Strategy highlighting the area in 11 as a potential future investigation area for inclusion in the 2024 Residential Strategy review (normally 5 years). Noting that the current North Coast Regional Plan also needs to be amended in its next review 2027 to identify the area in 11 within an urban growth area first. Requirements for this include: no other suitable land is available for housing, and movement has been made towards achieving required infill targets within existing urban growth area boundaries.

13. Requests staff to include a mid-point review (2026/27) of the 2024 Residential Strategy actions to enable an informed submission to be made to the Department of Planning about point 12. (Lyon/Swivel)

Procedural Motions

23-655

Resolved that Cr Lyon be granted a one minute extension to his speech. (Lyon)

The motion was put to the vote and carried unanimously.

23-656

Resolved that Cr Coorey be granted a two minute extension to her speech. (Lyon)

The motion was put to the vote and carried.

23-657

Resolved that Cr Dey be granted a two minute extension to his speech.

(Westheimer)

The motion was put to the vote and carried unanimously.

AMENDMENT

Moved that Council: