Minutes
Ordinary (Planning) Meeting
Thursday, 7 December 2023
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 7 December 2023
The following items are listed in the order in which they were dealt with.
Report No. 13.2 Bangalow Heritage House
Report No. 13.5 PLANNING - Report of the Planning Review Committee held 2 November 2023
Report No. 13.10 Bypassed Town Signage- Mullumbimby
Report No. 13.15 Results of Beach Naming Survey
Report No. 13.16 RFT2023-1860 Mullumbimby Recreation grounds Amenities Upgrade
Notice of Motion No. 9.1 Independent advice on Wallum ecology, Bayside Brunswick
Notice of Motion No. 9.4 Access at 656 and 660a Bangalow Road
Report No. 13.3 Byron Shire Wildlife Corridor System
Notice of Motion No. 9.2 Register of land to be acquired
Notice of Motion No. 9.3 Emergency Accommodation in Byron Shire
Report No. 13.1 Policy Commercial Activities on Coastal and Riparian Crown Reserves
Report No. 13.9 Update Resolution 23-462 Waiver of contributions on secondary dwellings
Report No. 13.11 Submissions Report - Busking Policy
Report No. 13.14 New Brighton Parking Improvements
Report No. 13.17 Rifle Range Road Traffic Calming for Koala Safety
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 7 December 2023 COMMENCING AT 11:04AM AND CONCLUDING AT 5.01PM
I2023/1958
PRESENT: Cr M Lyon (Mayor), Cr S Balson, Cr C Coorey, Cr D Dey, Cr A Hunter, Cr S Ndiaye (left at 1.00pm), Cr A Pugh, Cr M Swivel (arrived at 12.22pm) 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) – item 13.3
Liz Caddick (Biodiversity Team Leader) – 13.3
James Flockton (Infrastructure Planning Coordinator) – 9.2
Sarah Nagel (Manager Public & Environmental Services) – 13.11
Dean Baulch (Principle Engineer Systems Planning) – 13.18
Heather Sills (Manager Corporate Services)
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 Council authorises Sharon Shostak to undertake filming during Item 9.1 of the Public Access session at the Planning Meeting held on 7 December 2023. (Lyon) The motion was put to the vote and carried unanimously. Cr Swivel was not present for the vote. |
Cr Balson left at 11:07am returned to the Chambers at 11:53pm.
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 |
|
9.1 |
Independent advice on Wallum ecology, Bayside Brunswick |
James Barrie |
For |
Save Wallum |
In person |
Luciana Bowen |
Via Zoom |
||||
9.4 |
Access at 656 and 660a Bangalow Road |
Alex Brown |
For |
Self |
In person |
Chris Grudnoff |
Against |
Self |
In person |
||
13.3 |
Byron Shire Wildlife Corridor System |
Claire Oelrichs |
For |
Broken Head Wildlife Action Group |
Read by staff |
13.13 |
10.2014.361.4 s4.55 modification Waves Motel at 35 Lawson Street Byron Bay |
Hannah Hopkinson |
For |
MP Group |
In person |
Paul Grech |
GLN Planning |
Via Zoom |
Submissions
There were no Submissions presented.
Questions
There were no Questions presented.
The meeting adjourned at 11:56pm and reconvened at 12:12pm.
Applications to Attend by Audio-Visual Link
There were not attendances by audio-visual link.
|
Procedural Motion |
Resolved that Cr Ndiaye be granted a leave of absence for the meeting from 12:45pm. (Lyon) The motion was put to the vote and carried unanimously. Cr Swivel was not present for the vote. |
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Balson declared a Significant non-pecuniary interest in Report 9.1. The nature of the interest being personal relationships and friendships with those opposed to the development and residential issues. Cr Balson elected to leave the Chamber and will not participate in discussion and the vote.
Cr Balson declared a non-pecuniary interest in Report 13.8. The nature of the interest being that a non-significant relationship to a person who made a submission having previously sat on a Board with the person. Cr Balson elected to remain in the Chamber and will participate in discussion and the vote.
Tabling of Pecuniary Interest Returns
In accordance with clause 440AAB of the Local Government Act and clause 4.22 of the Code of Conduct for Staff, a Primary Return of Interests for Jeeva Selina Ali in the position of Asset Management Coordinator, is now tabled.
Adoption of Minutes from Previous Meetings
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 Policy Commercial Activities on Coastal and Riparian Crown Reserves
Sustainable Environment and Economy
Report No. 13.3 Byron Shire Wildlife Corridor System
Report No. 13.6 PLANNING - 10.2023.244.1 Multi Dwelling Housing Comprising Twenty (20) Units, Basement Parking and Associated Works Including Demolition, Removal of Nineteen (19) Trees and Earthworks at 310 Ewingsdale Road, Byron Bay
Report No. 13.8 26.2023.3.1 - Amendments to Byron Development Control Plan 2014 Chapter E5 to include the North Beach Byron site
Report No. 13.9 Update Resolution 23-462 Waiver of contributions on secondary dwellings
Report No. 13.11 Submissions Report - Busking Policy
Report No. 13.13 PLANNING - 10.2014.361.4 s4.55 modification Waves Motel at 35 Lawson Street Byron Bay
Infrastructure Services
Report No. 13.14 New Brighton Parking Improvements
Report No. 13.17 Rifle Range Road Traffic Calming for Koala Safety
Report No. 13.18 Social Enterprise Commercial Laundry - Beacon Laundry - s64 Sewer Developer Contributions
Report No. 13.19 Part Road Reserve Closure and sale adjoining Lot 4 & 5 DP 246401, 154 & 156 Lighthouse Road, Byron Bay NSW
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. 23-582 and concluding with Resolution No. 23-589.
Staff Reports - Corporate and Community Services
Staff Reports – Sustainable Environment and Economy
Staff Reports – Infrastructure Services
Cr Swivel joined the meeting at 12.22pm.
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 13.13, 9.1, 9.4 and 13.3 next on the Agenda. (Lyon) The motion was put to the vote and carried. Crs Coorey, Hunter, Lyon, Westheimer, Balson and Pugh voted in favour of the motion. Crs Ndiaye, Dey, and Swivel voted against the motion. |
Staff Reports – Sustainable Environment and Economy
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Report No. 13.13 PLANNING - 10.2014.361.4 s4.55 modification Waves Motel at 35 Lawson Street Byron Bay File No: I2023/1844
|
Resolved that, pursuant to Section 4.55 of the Environmental Planning & Assessment Act 1979, Application No. 10.2014.361.4, for modifications to an existing motel development to provide a roof-top terrace, be approved by modifying Development consent number 10.2014.361.1 in accordance with Attachment 1 (E2023/122362 Recommended Amended Conditions of Consent) and Condition 43 and 44 be amended to read: 43. Roof-Top Garden Terrace Use of the Roof-Top Garden Terrace is limited to motel guests, and their visitors. Use of this area limited to 8am to 10.00pm, any day of the week. Maximum number of people on the Roof-Top Garden Terrace limited as follows: a) One Hundred (100) people between 8am to 6pm; and b) Sixty (60) people between 6pm and 10pm
44. No interference with amenity of neighbourhood The proposed use of the roof-top garden terrace must not be conducted in such a manner as would interfere with the amenity of the neighbourhood. Noise levels must comply with the EPA Industrial Noise Policy and ensure the ‘offensive noise’ as defined by the Protection of the Environment Operations Act 1997 is not emitted. (Lyon/Pugh)
The motion was put to the vote and carried. Crs Coorey, Hunter, Lyon, Dey, Swivel, Westheimer, Balson and Pugh voted in favour of the motion. Cr Ndiaye voted against the motion. |
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Procedural Motion |
Resolved that the motion be put. (Ndiaye) The motion was put to the vote and carried. Crs Pugh, Westheimer, and Dey voted against the motion. Cr Balson was not present for the vote. |
The motion (Dey/Ndiaye) was put to the
vote and declared lost.
Crs Ndiaye and Dey voted in favour of the motion.
Crs Coorey, Hunter, Lyon, Swivel, Westheimer and Pugh voted against the motion.
Cr Balson was not present for the vote.
Cr Ndiaye left the meeting at 1.00pm and did not return.
Cr Balson returned to the Chambers at 1:09pm.
Staff Reports – Sustainable Environment and Economy
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Report No. 13.3 Byron Shire Wildlife Corridor System File No: I2023/1723
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1. Endorses the Byron Shire Wildlife Corridor System as a conservation planning tool to support and encourage wildlife habitat restoration with the following changes and actions: a. That Council writes to landholders who raised concerns, to clarify: i) that the wildlife corridor map is not a statutory land use planning zone and that areas of high conservation value are currently protected in the LEP as C-Zones. ii) that any further change to a land use zone requires public exhibition and notification to all affected landholders, as was done during the C-Zone review. iii) that the wildlife corridor map does not impact on the requirement for a VMP for rural subdivisions. b. That Council provides clear advice on the wildlife corridor web map that the wildlife corridor map: i) is not a provision within the LEP and this map will not impact the ability of landholders to apply for land uses permitted under the LEP, including, those that relate to tourist cabins and secondary dwellings and those that relate to the ability of farmers to carry out permitted agricultural activities on rural land ii) does not impact on the requirement for a VMP for rural subdivisions iii) does not impact on the requirement for a BDAR under the Biodiversity Conservation Act. iv) Include the following caveat (or similar) on the wildlife corridor map on Council’s website: A landholders right to carry out agricultural and development activities on their land under the Byron Shire LEP are not altered by their property being identified on this map. c. Realigns corridor boundaries to exclude densely urbanised land use zones, including R2, R3, IN1, B1, B2, B4 and B7 in the following towns and villages: Ocean Shores, South Golden Beach, New Brighton, Brunswick Heads, Mullumbimby, Byron Bay, Bangalow and Suffolk Park. d. Updates Council’s Guidelines for preparing Vegetation Management Plans or Biodiversity Conservation Management Plans (E2019/31834 - Developing Vegetation and Biodiversity Conservation Management Plans - Byron Shire Council (nsw.gov.au)), to ensure that wildlife corridors are identified on VMP and BCMP site maps and to recommend wildlife corridors be considered as priority areas for planned management and restoration activities (e.g. tree planting required for tourist cabins). e. Continues to support local primary producers to maintain food security and adopt sustainable agricultural practices through the Agricultural Extension Program, Agriculture Cluster Group and providing ongoing support for the work done by Brunswick Valley Landcare. f. Council recognises that local Aboriginal groups including Bundjalung of Byron Bay Arakwal Corporation and Local Aboriginal Land Councils have limited capacity to review the mapping, and allow an opportunity for these organisations to negotiate the wildlife corridor map on their land in future. g. That all Council and Crown land be excised from the wildlife corridor map until such time that legislation pertaining to this land allows multiple land uses to occur on land mapped by Council as a wildlife corridor. h. That rail corridor and state agency land continues to be included in the wildlife corridor map, with acknowledgement that, because the future status of this land is unknown, the wildlife corridor map may need to be revised in future (e.g. if rail corridor land is transferred to Council or Crown and is therefore included within the Local Government Act). 2. a. Develops a GIS map and data portal to give landholders user-friendly advice on corridor values in their local area and what species they can plant to enhance local wildlife corridors. b. Notes there are at least 11 Threatened ecological communities in the Shire as at 2022: Byron Bay Dwarf Graminoid Clay Heath Coastal Saltmarsh Coastal Cypress Pine Forest Freshwater Wetlands on Coastal Floodplains Littoral Rainforest Lowland Rainforest on Floodplain Lowland Rainforest in the NSW North Coast Bioregion Swamp Sclerophyll Forest on Coastal Floodplain Subtropical Coastal Floodplain Forest Swamp Oak Floodplain Forest Themeda grassland on seacliffs and coastal headlands c. Notes that of the 402 vertebrate species identified 95 species or 24% are threatened under the NSW Biodiversity Conservation Act 2016. d. Acknowledges that mitigating the impacts of anthropogenic climate change will be one of the primary benefits of implementing a corridor system within the Byron LGA, through the protection and buffering of refugia and facilitating the movement of plant and animal species with limited dispersal capabilities. (Westheimer/Dey) The motion was put to the vote and carried. Cr Hunter voted against the motion. Cr Ndiaye was not present for the vote. |
The meeting adjourned at 1.28pm for a lunch break and reconvened at 2.13pm.
Notices of Motion
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Procedural MotionS |
Resolved that Cr Dey be granted a two minute extension to his speech. (Lyon) The motion was put to the vote and carried unanimously. Cr Ndiaye was not present for the vote. |
Resolved that Cr Pugh be granted a two minute extension to his speech. (Lyon) The motion was put to the vote and carried unanimously. Cr Ndiaye was not present for the vote. |
The motion (Dey/Coorey) was put
to the vote and carried.
Cr Hunter voted against the motion.
Cr Ndiaye was not present for the vote.
There was no Mayoral Minute.
There were no Petitions tabled.
There were no Delegate’s Reports.
Staff Reports - General Manager
AMENDMENT
Moved that Council:
1. Notes one (joint) submission was received on the Draft Policy Commercial Activities on Coastal and Riparian Crown Reserves.
2. Adopts the Draft Policy Commercial Activities on Coastal and Riparian Crown Reserves as attached to this report (E2023/2345). (Dey/Westheimer)
The amendment was put to the vote and
declared lost.
Crs Hunter, Pugh, Lyon, Swivel, and Coorey voted against the amendment.
Cr Ndiaye was not present for the vote.
The motion (Hunter/Lyon) was
put to the vote and declared carried.
Cr Dey voted against the motion.
Cr Ndiaye was not present for the vote.
Staff Reports - Sustainable Environment and Economy
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Report No. 13.9 Update Resolution 23-462 Waiver of contributions on secondary dwellings File No: I2023/1745
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1. Notes the update provided on Resolution 23-462 Waiver of contributions on secondary dwellings and the suggested mechanisms that could be utilised to support such a proposal. 2. Supports an amendment to the Affordable Housing Contribution Policy 2020 or creation of a new policy to give effect to a framework and suite of mechanisms to constrain the future use of dwellings for the purposes of providing affordable and/or permanent accommodation, in exchange for an agreed level of funding or other support from Council. 3. Notes that a forward budget bid of $20,000 will be included in the FY 24/25 Operational Plan and Budget process for an expression of interest process to support 2. (Lyon/Balson) The motion was put to the vote and carried unanimously. Cr Ndiaye was not present for the vote. |
Cr Dey left the meeting at 3:55pm
Cr Dey returned to the meeting at 4:01pm.
Staff Reports - Infrastructure Services
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Report No. 13.14 New Brighton Parking Improvements File No: I2023/1408
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Resolved that agenda item 13.14 be deferred until the February 2024 Planning meeting to allow staff and Councillors to undertake consultation in January with adjacent residents given staff suggested 5 options to consider. (Hunter/Lyon) The motion was put to the vote and carried unanimously. Cr Ndiaye was not present for the vote. |
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Procedural MotionS |
Resolved that Council move into Committee to allow for free debate. (Dey/Lyon) The motion was put to the vote and carried unanimously. Cr Ndiaye was not present for the vote. |
Resolved that Council move out of Committee and resume the Ordinary Meeting. (Lyon) The motion was put to the vote and carried unanimously. Cr Ndiaye was not present for the vote. |
The motion (Dey/Pugh) was put to the vote and carried unanimously.
Cr Ndiaye was not present for the vote.
There being no further business the meeting concluded at 5.01pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 8 February 2023.
….…………………………
Mayor Michael Lyon