Agenda of Heritage Advisory Committee Meeting

CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Code of Conduct for Councillors (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in the Code of Conduct for Councillors.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

· The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

· The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b) the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

· If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

· Just because the person is a member of, or is employed by, the Council.

· Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

· A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

· The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a) at any time during which the matter is being considered or discussed by the Council or Committee, or

(b) at any time during which the Council or Committee is voting on any question in relation to the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

· It may be appropriate that no action be taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

· Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa). Care needs to be taken when exercising this option.

· Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

· Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as of the provisions in the Code of Conduct (particularly if you have a significant non-pecuniary interest)

Committee members are reminded that they should declare and manage all conflicts of interest in respect of any matter on this Agenda, in accordance with the Code of Conduct.

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1) In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b) not including the making of an order under that Act.

(2) The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document and is to include the information required by the regulations.

(5) This section extends to a meeting that is closed to the public.

OATH AND AFFIRMATION FOR COUNCILLORS

Councillors are reminded of the oath of office or affirmation of office made at or before their first meeting of the council in accordance with Clause 233A of the Local Government Act 1993. This includes undertaking the duties of the office of councillor in the best interests of the people of Byron Shire and the Byron Shire Council and faithfully and impartially carrying out the functions, powers, authorities and discretions vested under the Act or any other Act to the best of one’s ability and judgment.

BYRON SHIRE COUNCIL

Adoption of Minutes from Previous Meetings 3.1

Adoption of Minutes from Previous Meetings

Report No. 3.1 Adopted Minutes Heritage Advisory Committe meting held on 31 August, 2023

Directorate: Sustainable Environment and Economy

File No: I2024/175

RECOMMENDATION:

That the minutes of the Heritage Advisory Committee Meeting held on 31 August 2023 be confirmed.

Attachments:

1 Minutes of the Heritage Advisory Committee Meeting 31 August 2023, I2023/1319 , page 8⇩.

Report

The attachment to this report provides the minutes of the Heritage Advisory Committee Meeting of 31 August 2023 for determination by Council .

Report to Council

The minutes were reported to and adopted by Council on 26 October 2023.Comments

In accordance with the Committee Recommendations, Council resolved the following:

23-471 Resolved that Council notes the minutes of the Heritage Advisory Committee Meeting held on 31 August 2023.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.1

Staff Reports - Sustainable Environment and Economy

Report No. 4.1 Heritage Advisory Committee Member Updates

Directorate: Sustainable Environment and Economy

Report Author: Shannon Burt, Director Sustainable Environment and Economy

File No: I2024/27

Summary:

The nominated Heritage Advisory Committee members are invited to provide a brief update on matters and activities undertaken by their respective group / organisation relevant to the Committee and its constitution.

RECOMMENDATION:

That the Heritage Advisory Committee notes the member updates.

REPORT

Member representatives from Brunswick Valley, Byron Bay, Bangalow, Mullumbimby Historical Societies, Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) and the Tweed Byron Local Aboriginal Council. and community are invited to provide a brief update to the Panel on matters and activities undertaken by their group / organisation relevant to the Panel and its terms of reference. (These updates should be 10 minutes maximum).

The purpose of the Committee under the constitution is as follows:

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective		CSP Strategy		DP Action		Code		OP Activity
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.1: Foster opportunities to express, celebrate and participate in arts and cultural activity		2.1.5: Share and celebrate diverse stories including the built, natural, and cultural heritage of the Shire		2.1.5.1		Co-ordinate the Heritage Advisory Committee

Legal/Statutory/Policy Considerations

None relevant.

Financial Considerations

None relevant.

Consultation and Engagement

None relevant.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.2

Report No. 4.2 Heritage Program Update

Directorate: Sustainable Environment and Economy

Report Author: Shannon Burt, Director Sustainable Environment and Economy

File No: I2024/30

Summary:

This report provides an update on the status of (certain) heritage program actions progressed this year.

RECOMMENDATION:

That the Heritage Advisory Committee notes the Heritage Program Update report.

Report

Heritage Advisory service

Council continues to receive grant funding for FY 2023/24 and 2024/25 for the Heritage Advisory Service. Activities in the Heritage Strategy will continue to be the focus of work for the Heritage Advisory service this year.

The Heritage Strategy includes a number of actions also which the community including members of the Committee can champion if they choose. Council staff and the Heritage Advisor can offer support in this regard.

Heritage Strategy - Byron Shire Council (nsw.gov.au)

Heritage Strategy review

A review of the Heritage Strategy 2020/24 will occur in 2024 to meet the requirements of the NSW Heritage Office for Heritage Program grant funding. Council’s Heritage Advisor will facilitate a workshop session on the Heritage Strategy review process at a future Committee meeting.

Byron Shire Local Places Heritage Grants

Council continues to receive grant funding for FY 2023/24 and 2024/25 for the Local Places Grants program.

Four projects have been approved for grant funding this year.

See Report No. 13.8 Byron Shire Local Heritage Grants Program 2023-24 Agenda of Ordinary (Planning) Meeting - Thursday, 9 November 2023 (infocouncil.biz) for more details.

Successful applicants will need to contribute one dollar for every dollar provided by the grant, and the restoration work must be completed by 30 March 2024.

Local Environmental Plan 2014 new items

Report No. 13.3 PLANNING - Brunswick Heads Heritage Conservation Area and Heritage Material and Colours Guide 26.2022.9.1 was presented at Agenda of Ordinary (Planning) Meeting - Thursday, 12 October 2023 (infocouncil.biz).

Resolved 23-459 that Council:

1. Notes community feedback on the heritage colours and supports the further
development of a heritage colour palette for heritage conservation areas and
items;

2. Proceeds with a Planning Proposal that seeks to amend Byron LEP 2014 to the Department of Planning & Environment for gateway determination by submitting an amended Planning Proposal seeking to amend Byron LEP 2014 to introduce 17 new heritage items.

3. Forwards the Planning Proposal to the NSW Department of Planning
and Environment for a gateway determination;

4. Pending a positive gateway determination, undertakes public exhibition of the Planning Proposal in accordance with the determination requirements;

5. Considers a submissions report post exhibition that includes any recommended changes to the Planning Proposal for final adoption.

A planning proposal was submitted to the Department of Planning and has received gateway determination.

Exhibition is to proceed as per the gateway determination.

Federal Village Conservation Area and new items

Report No. 4.3 Community Member Presentation - Proposal for a Federal Heritage Conservation Area and New listed items was presented to the Committee meeting Agenda of Heritage Advisory Committee Meeting - Thursday, 20 April 2023 (infocouncil.biz)

As per the recommendation further consultation has occurred with residents and owners of the properties proposed to be listed as items and in the Heritage Conservation Area generally, prior to reporting any planning proposal with any new listings recommended to Council.

This work is subject to an external party and staff resources.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective		CSP Strategy		DP Action		Code		OP Activity
	2: Inclusive Community		2.1: Foster opportunities to express, celebrate and participate in arts and cultural activity		2.1.5: Share and celebrate diverse stories including the built, natural, and cultural heritage of the Shire		2.1.5.1		Co-ordinate the Heritage Advisory Committee
	2: Inclusive Community		2.1: Foster opportunities to express, celebrate and participate in arts and cultural activity		2.1.5: Share and celebrate diverse stories including the built, natural, and cultural heritage of the Shire		2.1.5.2		Provide a heritage advisory service
	2: Inclusive Community		2.1: Foster opportunities to express, celebrate and participate in arts and cultural activity		2.1.5: Share and celebrate diverse stories including the built, natural, and cultural heritage of the Shire		2.1.5.3		Manage the Heritage Grants Program

Legal/Statutory/Policy Considerations

N/A

Financial Considerations

Heritage Program funded by NSW Heritage Office grant and annual operational budget allocation.

Consultation and Engagement

N/A

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.3

Report No. 4.3 Future Items Report

Directorate: Sustainable Environment and Economy

Report Author: Shannon Burt, Director Sustainable Environment and Economy

File No: I2024/31

Summary:

This report summarises reports and information requested by the Heritage Advisory Committee.

These requests, resourcing and alignment with Council’s Operational Plan are tabled for discussion by the committee, to resolve whether these requests are taken to Council for consideration for inclusion in a future Council OP and budget.

RECOMMENDATION:

That the Heritage Advisory Committee notes the report.

Report

At the 31 August Heritage Advisory Committee meeting, the Committee sought a follow up response to the following items that were discussed at the meeting.

Information Requested

Resourcing

Operational Plan & Other Council Strategies

Requested an update be provided to the Heritage Advisory Committee, and Bangalow Historical Society on the future of Heritage House.

Viv Gorec (Bangalow Historical Society)

This was the subject of a separate report to Council Report No 13.2 - Bangalow Heritage House Agenda of Ordinary (Planning) Meeting - Thursday, 7 December 2023 (infocouncil.biz)

Resolved 23-582 that Council:

1. Endorses the allocation of $12,000 from the Community Buildings budget (GL 2320.051) for the preparation of an Options Study to inform scoping of potential multi-purpose uses of the Premises; and

2. Receives a further report with the outcome of the Options Study, to inform a decision regarding appropriate future lease or license arrangements

There is no activity in Council’s OP that directly resources this action.

Requested the Heritage Advisor investigate grant funding for heritage plaques for heritage items.

Viv Gorec (Bangalow Historical Society)

Various Heritage Grants are available to council and community groups through the NSW Heritage Office grants programs.

Heritage grants | NSW Environment and Heritage

The next funding round is expected to open in late 2024 for projects delivered in 2025–27.

Heritage Strategy and Operational Plan Action 2.1.5.3 Manage the Heritage Grants Program

Noted that the Mitre 10 Building in Byron Bay was constructed in 1895 as part of Norco and could be considered for Heritage Listing. Requested the Heritage Advisor to provide an update on this.

Noted that 22 Marvel Lane 2 storey dwelling house is not listed in the LEP as a Heritage Item and could be considered for Heritage Listing. Heritage Advisor to provide an update on this

Brooke Crowle (Community member)

This request has been forwarded to the Heritage Advisor for consideration and response.

Heritage Strategy and Operational Plan Action 4.1.4.3 Develop stand-alone Local Environmental Plan 2014 amendment to introduce new heritage-listed properties

Requested that a potential site for a Byron Bay Museum or library space for Heritage artifacts be considered by Council.

Brooke Crowle (Community member)

This request has been noted and will be considered if and when a space is identified as available and suitable.

There is no activity in Council’s OP that directly resources this action.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective		CSP Strategy		DP Action		Code		OP Activity
	2: Inclusive Community		2.1: Foster opportunities to express, celebrate and participate in arts and cultural activity		2.1.5: Share and celebrate diverse stories including the built, natural, and cultural heritage of the Shire		2.1.5.1		Co-ordinate the Heritage Advisory Committee
	2: Inclusive Community		2.1: Foster opportunities to express, celebrate and participate in arts and cultural activity		2.1.5: Share and celebrate diverse stories including the built, natural, and cultural heritage of the Shire		2.1.5.2		Provide a heritage advisory service
	2: Inclusive Community		2.1: Foster opportunities to express, celebrate and participate in arts and cultural activity		2.1.5: Share and celebrate diverse stories including the built, natural, and cultural heritage of the Shire		2.1.5.3		Manage the Heritage Grants Program

Legal/Statutory/Policy Considerations

As discussed in the table.

Financial Considerations

As discussed in the table.

Consultation and Engagement

Not relevant.

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 15 February 2024
Time	4.30pm