Agenda of Ordinary Meeting - Thursday, 22 February 2024

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.3

Report No. 13.3 Policies for Review

Directorate: Corporate and Community Services

Report Author: Mila Jones, Governance and Internal Audit Coordinator

File No: I2023/1984

Summary:

As part of Council’s compliance framework, an annual review of Council policies is undertaken, and reports are provided to Council on the status of this review program. Three policies are discussed in this report, one policy is being recommended for updating and two are proposed to be repealed as the information is contained elsewhere, for example as required by legislation, or because the policy is not viable.

Updated policy

· Contaminated Land Management Policy 2024

Recommended for repeal

· Arts and Culture Policy 2020

· Onsite Sewage Management Systems in Reticulated Areas Policy 2014

RECOMMENDATION:

1. That the Draft Contaminated Land Management Policy 2024 (Attachment 1 E2024/766) be placed on public exhibition for 42 days to allow for submissions and that:

a) should there be no submissions received then the Policy is endorsed from the date after the close of the exhibition period; and,

b) should submissions be received, that the Policy be reported back to Council noting the submissions and amendments made because of the feedback received.

2. That the following policies be repealed for the reasons outlined in the report:

a) Arts and Culture Policy 2020

b) Onsite Sewage Management Systems in Reticulated Areas Policy 2014

Attachments:

1 Draft Contaminated Land Management Policy 2024, E2024/766

Report

An important element of public sector governance is establishing key policies and ensuring they are available, regularly updated and monitored for compliance.

An annual review of Council’s policies is coordinated with relevant document development officers.

Three policies are discussed in this report, one policy is being recommended for updating and two are proposed to be repealed as the information is contained elsewhere, for example as required by legislation or because the policy is not viable.

Updated policy

· Draft Contaminated Land Management Policy 2024

Recommended for repeal

· Arts and Culture Policy 2020

· Onsite Sewage Management Systems in Reticulated Areas Policy 2014

Updated Policy – Contaminated Land Management Policy 2024

A draft Contaminated Land Management Policy 2024 (Attachment 1) has been developed which is the result of a major review of Council’s outdated 2008 Policy. The changes were prompted by the Northern Rivers Contaminated Land Project, a NSW Environmental Protection Agency (EPA) initiative initiated in 2020 as part of the NSW EPA’s process of handing over contaminated land management responsibilities for Underground Petrol Storage Systems (UPSS) in NSW.

The review was also prompted by the previous State Environmental Planning Policy 55 Remediation of Land being replaced in 2021 by the new Resilience and Hazards State Environmental Planning Policy. (see this link for further information Remediation of Land SEPP | Planning (nsw.gov.au)

The draft Policy is substantially the same as the current Policy with the main differences being:

The replacement of references to SEPP 55 with the new Hazards and Resilience SEPP, includes new sections on Background (to the Policy), Sustainability, Accredited consultants and Council’s Minimum Requirements for Consultants.

For Repeal – Arts and Culture Policy

At the Ordinary Meeting held on 28 September 2023 Council adopted the Arts and Culture Action Plan 2023-2026. This document has been developed as per Council resolution 21-542, as a high-level document to guide and prioritise involvement and investment in arts and cultural activity.

The Plan incorporates and responds to community feedback and written submissions that were received in 2019/2020 during consultation and feedback on the Arts and Culture Policy 2020 and is also informed by more recent stakeholder engagement and community consultation.

The new Plan is designed as a high-level document to ensure a coordinated approach to achieving arts and cultural outcomes in the Shire. This Plan sits below the Community Strategic Plan within a suite of strategic Plans as part of Council’s Integrated Planning and Reporting Framework.

The Arts and Culture Action Plan includes broad policy goals and offers a more comprehensive and updated picture of the operating environment.

The Arts and Culture Policy has become redundant and is therefore recommended to be repealed.

For Repeal – Onsite Sewage Management Systems in Reticulated Areas Policy

At the Council Planning Meeting held on 7 December 2023, Council resolved via 23-587 the Onsite Sewage Management Strategy 2023 and Onsite Sewage Management Guidelines 2023. With the adoption of these documents, the next review of the Local Approvals Policy will be updated to recognise the Guidelines.

It is recognised that effective management of domestic sewage and wastewater is an important consideration for the health of communities and the environment. Two major driving forces behind water management have had a significant impact on public health, as shown by the decrease in mortality and morbidity rates and corresponding increase in life expectancy. These two driving forces are: the provision of an adequate and safe public water supply through catchment management and protection, water treatment and disinfection, and distribution to each household and the removal of human waste products using a reticulation and transfer system for separate sanitary management.

Due to the adoption of these documents and the update to the Local Approvals Policy, it is proposed that Council’s On-Site Sewage Management Systems in Reticulated Areas Policy be repealed due to:

· Council has not received any applications for onsite sewage management in sewered areas for more than 10 years.

· Council receives rare enquiries pertaining to onsite sewage management in sewered areas mainly in the name of water conservation. Such enquiries are managed by referring customers to options for rainwater tanks and applicable rebates and water conserving appliances.

· Installing onsite sewage management in sewered areas adds additional costs and obligations to ratepayers where a sewerage system is also available.

· Onsite sewage management is generally only adopted where an adequate sewerage system is not provided.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership	1.1: Enhance trust and accountability through open and transparent leadership	1.1.1: Leadership - Enhance leadership effectiveness, capacity, and ethical behaviour	1.1.1.1	Coordinate Council's annual policy review program, update and publish adopted policies

Recent Resolutions

· 23-587 Planning Meeting 7 December 2023

· 23-438 Ordinary Meeting 28 September 2023

· 21-542 Ordinary Meeting 25 November 2021

Legal/Statutory/Policy Considerations

Each policy is reviewed to ensure consistency with the relevant legislation, agency guidelines, rules or protocols.

Councils have a number of statutory policies that it must adopt the rest are optional. These optional policies are useful to:

· reflect a council’s key issues and responsibilities

· guide staff and ensure consistency

· clearly inform the public of a council’s commitments

Clause 3.1(b) of the Codes of Conduct for Staff and for Councillors provides that council officials must not conduct themselves in a manner that is contrary to a council’s policies. If adopted by a council, a breach of a policy will be a breach of the council’s code of conduct.

Community Strategic Plan

The Community Strategic Plan (CSP) is the top-level document for Council which sets out the community’s and council’s aspirations.

As such they give guidance for developing policies, which should reflect and be consistent with the CSP. The CSP is reviewed every four years and therefore policies need to be reviewed at this time also.

When reviewing our policies, Council’s Corporate Documents Standard provides the following guidance to staff:

A Policy sets out Byron Shire Council’s position on a specific matter – a formal statement of intent and non-discretionary governing principles that apply to Byron Shire Council’s practice. The principles are derived from and shaped by the law and regulations that apply, community expectations, and the values and mission contained in the adopted Community Strategic Plan. A Policy is a concise document that may facilitate, enable or constrain practice, standard, guidelines or delegated functions but does not prescribe in detail how to perform certain functions - instead it provides a framework for action with its primary role being to guide the achievement of the adopted strategic goals and ensure legislative compliance.

The most recent developments in legislative requirements, and the community’s and Council’s position on certain matters are checked for each policy to determine whether a policy requires updating, or whether a policy is still necessary. A policy may no longer be necessary, for instance, if legislation now wholly covers Council’s policy position, or if a Policy reflects legislation that no longer exists.

Financial Considerations

There are no financial considerations with this report.

Consultation and Engagement

Draft Contaminated Land Management Policy:

· Northern Rivers Contaminated Land Project (NECLP) Coordinator (and Stella Nord Consulting)

· Stella Nord Consulting

· Environmental Health Officers

Arts and Culture Policy:

· Extensive consultation as outlined for the Arts and Culture Action Plan 2023-2026.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.4

Report No. 13.4 YouthSay 2023 Report Back

Directorate: Corporate and Community Services

Report Author: Jessica Cutter, Governance Support Officer

File No: I2023/2080

Summary:

The Byron Shire Council YouthSay program was developed in 2019 and has been run biennially since. The program was established to engage young people living in the Byron Shire and aims to give young people an opportunity to learn about local government and voice issues that are important to them.

In 2023, eight students from Mullumbimby High School participated in the program, which took place over five sessions. These sessions began in November 2023 and concluded with a presentation during Public Access at the 23 November Ordinary Meeting of Council.

The students presented the key issues that they workshopped through the program, identifying affordable housing and transport as two significant issues that affect youth in the Byron Shire.

This report provides information about the 2023 YouthSay program and the recommendations proposed by the students. This report also gives an overview of work recommencing in 2024 which will provide pathways to further youth engagement by Council.

RECOMMENDATION:

That Council:

1. Thanks the young people involved in the 2023 Byron Shire YouthSay Program

2. Notes the report and recommendations developed through the program (Attachment 1, E2024/5981), and presentation during public access at the 23 November Ordinary Meeting of Council

3. Facilitates a free educational session in School Term 1 2024 on the rental market for young people and invites high school students and young adults to attend

4. Notes that work is underway to identify further pathways for youth engagement by Council and that a future report will be provided to Council on this topic.

Attachments:

1 YouthSay Report 2023, E2024/5981

2 Youth Survey Findings 2022, E2023/16421

Report

The YouthSay program seeks to engage young people in years 9-12 and provide a mechanism for youth leadership development and future social engagement of young people in the Byron Shire.

The program fosters civic leadership skills through a series of participatory activities related to the functions of Local Government as outlined below:

Co-Design Workshop	Activities designed to engage the students and elicit responses to the following questions: What are the responsibilities of Council? What are the most pressing issues for young people in the Shire? What can Council do to solve these issues?
Introduction to Local Government	In the context of the challenges and issues identified in the co-design phase, the students received a condensed Local Government induction from guest speakers from across Council in their identified areas of interest.
Challenges	The students were guided through a series of activities to identify challenges faced by youth in the Byron Shire.
Planning for the Future	Students met with Councillors who introduced them to life as a Councillor. The students consolidated their ideas and prepared their speech for the Council Meeting.
Formal Meeting of Council	Students presented their findings at public access and then observed an hour of the debate.

Outcome

The workshop sessions culminated in a report prepared by the students which they used for their presentation to Council. A copy of their report is available at Attachment 1.

The students’ report is structured to align with the relevant community objectives identified in the Community Strategic Plan 2032 (CSP). The report will be used to inform the next round of engagement on the CSP.

The students’ recommendations are provided in more detail below:

Community Objective 4:

We manage growth and change responsibly.

The students identified that housing in the Byron Shire is unaffordable and that, as a young person new to the housing market, it can be challenging to understand rental and buying processes.

Youth Recommendation:

1. Extra tutoring on the property market for young people trying to stay in the area.

2. Council to investigate options to increase housing availability and affordability including building more affordable housing and converting more farmland to residential housing.

Council response:

1. Council staff have investigated the possibility of hosting a rental information session for young people in Byron Shire. It is recommended that the ‘Rent it Keep it’ program be delivered by a provider to a group of young people to cover topics such as rental applications, financing, tenancy conditions, their rights, bonds, and other related topics. The session would be advertised to high school students and young people in the Shire with any associated costs coming from the remaining YouthSay budget.

2. The youth recommendation supports several projects Council is working on to increase housing availability and affordability. The following outlines the steps being taken to increase housing affordability:

· Council has an Affordable Housing Contributions Scheme (AHCS) that requires new urban developments to provide a percentage of land, dwellings or money towards the provision of affordable housing.

· A second AHCS is in development to include the new urban release areas identified in the draft Residential Strategy to ensure a percentage of land, dwellings or money will be provided towards the provision of affordable housing.

· Council is working in partnership with LANDCOM to secure a Community Housing Provider to deliver housing at 57 Station Street (site of an existing council carpark).

· Council’s planning proposal to amend the land zoning to enable residential development at the former Mullumbimby Hospital Site is currently on exhibition.

· Concept plans developed by the community for the Mullumbimby Hospital Site will be further refined post a workshop with councillors early 2024 to inform the feasibility study.

Regarding releasing more land for housing, the following points apply:

· Much of the Shire’s land is covered by the state government’s significant farmland mapping and therefore constrained for residential use.

· Community feedback on Council’s ‘After the Floods: Settlement Discussion Paper’ included support for exploring how flood free farmland could be used for housing.

· Council’s ‘Housing Options Paper’ considered as an option the use of farmland for urban expansion. Mixed views were received by the community on this including support for housing in flood-free areas, opposition to the use of farmland for housing particularly in Brunswick Heads, Bangalow and Billinudgel or that any use of significant farmland be very limited.

· The State Government’s ‘Northern Rivers Resilient Land Strategy’ proposes three housing sites (one at Brunswick Heads and two at Bangalow) on mapped significant farmland.

· The Department of Planning requires that infill housing (intensifying existing urban areas) is demonstrated before establishing new release areas on important farmland.

· The ‘Housing Options Paper’ will inform the draft ‘Residential Strategy’ (the Strategy) and includes a key principle to avoid valued assets including significant and viable farmlands.

· The draft Strategy also considers and proposes some new release areas where the land is rezoned from rural to urban. These sites exclude areas mapped as significant farmland. It has also considered land mapped as significant farmland where it meets government criteria such as adjoins existing urban areas or is in close proximity to urban areas and is not subject to flood risk.

Community Objective 5:

We have connected infrastructure, transport, and facilities that are safe, accessible and reliable.

The students also identified the need for safe and reliable public transport, especially at night. They noted that affordable public transport is not widely available in the evenings. A lack of well-lit area was also identified, including poorly lit bus stops.

Youth Recommendation:

1. Council to lobby for the public bus service to increase its services (both night and day) and run later.

2. Council to investigate options for increased lighting across the Shire, not only in high use areas but also those that are linked with transportation (e.g. isolated bus stops).

Council response:

1. Council is continuing to work with TfNSW to improve access to transport around the Shire as part of the Moving Byron Strategy.

Council held the Moving Byron Public Transport Workshop on 21 November 2023 with Transport for NSW (TfNSW) and transport operators in Byron Shire. A key theme of the Workshop was a review of bus services including improved services during peak periods, efficient use of existing vehicles, services for both tourists and locals, and investigating customer needs by undertaking a travel study with funding support from TfNSW. Several actions arose for TfNSW to follow up on to further investigate improving services in Byron Shire.

The full minutes of the Workshop are attached to Report 4.2 ‘Public Transport Workshop Items’ in the 12 December 2023 Moving Byron Advisory Committee Agenda - Moving Byron Advisory Committee meeting held on 12/12/2023 - Item 4.2 Public Transport Workshop Outcomes - Attachment Minutes Moving Byron Public Transport Workshop 13 November 2023 (infocouncil.biz).

In addition, one of the Shire’s local service providers, Blanches Bus Company, is currently reviewing their timetables and route planning. Accordingly, Council staff have reached out to assist and understand any deficiencies in infrastructure that could help them provide better services for the Shire.

2. Streetlights are an important public safety feature and included under ‘supporting facilities’ to pedestrian infrastructure in the Byron Shire Pedestrian and Mobility Plan (PAMP). In 2023 Council initiated a bulk upgrade of 1,147 streetlights to energy efficient LED lighting. Essential Energy installs and maintains the streetlights in Byron Shire. Locations and design are delivered according to Australian standards and undergo a review process including assessment of risks and ecological considerations. There is also public consultation for residents where they may oppose the lighting due to negative impacts from light pollution.

Feedback

In addition to the recommendation report from the young people, participants were asked to complete a short survey before and after the YouthSay program. The questions surveyed their feedback about challenges, issues, and ideas, and offered evaluative feedback about the YouthSay program itself.

Only two responses were received before the program and a single response was received to the post program evaluation survey. Changes to attitude pre and post program are difficult to determine. The single response received post -survey demonstrated a high degree of satisfaction with program content. However, when asked whether the recommendations will make a difference to the future of Byron Shire the respondent disagreed.

General verbal feedback from students included that:

· It would have been valuable to have had more YouthSay sessions to further explore their ideas.

· They would be very likely to recommend the YouthSay program to other young people and encouraged Council to expand the program to include other schools in the Byron Shire.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
2: Inclusive Community	2.4: Enrich lifelong learning and education and support services to help young people thrive	2.4.2: Youth - Increase engagement with young people and support and encourage programs that offer mentoring, leadership, and pathways to education and employment	2.4.2.1	Deliver the youth engagement program 'YouthSay'
1: Effective Leadership	1.2: Engage and involve community in decision making	1.2.1: Community-led decision making - Engage with community to inform Council decision making	1.2.1.1	Provide opportunities for the community to have input, comment and feedback to Council on projects and matters of interest

Recent Resolutions

· 21-242 Notice of Motion No. 9.4 Youth Engagement

Legal/Statutory/Policy Considerations

There are no legal or policy considerations at this stage.

Financial Considerations

An allocation of $10,000 in the 2023/24 Budget has covered the minimal costs associated with the YouthSay program. Remaining funds are proposed to be put towards the rental information session for young people (Recommendation 3). While the session can be delivered free of charge, costs will be incurred through advertising, venue hire and light refreshments.

Consultation and Engagement

Council consulted with young people on a youth engagement model via survey from September to November 2021. The outcomes from this consultation were recorded in the Byron Youth Survey 2022 Survey Findings Report (Attachment 2, E2023/16421).

The purpose of the survey was to identify new and existing opportunities to meaningfully engage with young people from diverse backgrounds and lived experiences in the Byron Shire. The outcomes were then intended to inform the development of a youth engagement program in 2022. However, due to the floods in early 2022, this work was put on hold.

With the information collected in 2021-22, as well as during the most recent YouthSay program, work to develop a strategic approach to youth engagement will recommence in 2024.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.5

Report No. 13.5 Budget Review - 1 October 2023 to 31 December 2023

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2024/24

Summary:

This report has been prepared to comply with Section 203 of the Local Government (General) Regulation 2021 and to inform Council and the community of Council’s estimated financial position for the 2023/2024 financial year, reviewed as at 31 December 2023.

This report contains an overview of the proposed budget variations for the General Fund, Water Fund and Sewerage Fund. The specific details of these proposed variations are included in Attachment 1 and 2 for Council’s consideration and authorisation.

Attachment 3 contains the Integrated Planning and Reporting Framework (IP&R) Quarterly Budget Review Statement (QBRS) as outlined by the Office of Local Government in circular 10-32.

This report was considered by the Finance Advisory Committee at its Meeting held on 15 February 2024.

RECOMMENDATION:

1. That Council authorises the itemised budget variations as shown in Attachment 2 (#E2024/4306) which include the following results in the 31 December 2023 Quarterly Review of the 2023/2024 Budget:

a) General Fund - $1,200 increase to the Estimated Unrestricted Cash Result

b) General Fund - $2,772,500 increase in reserves

c) Water Fund - $282,400 increase in reserves

d) Sewerage Fund - $3,614,200 increase in reserves

2. That Council adopts the revised General Fund Estimated Unrestricted Cash Deficit of $250,000 for the 2023/2024 financial year as at 31 December 2023.

Attachments:

1 Budget Variations for General, Water and Sewerage Funds, E2024/4306

2 Itemised Listing of Budget Variations for General, Water and Sewerage Funds, E2024/4295

3 Integrated Planning and Reporting Framework (IP&R) required Quarterly Review Statements, E2024/4296

Report

Council adopted the 2023/2024 budget on 22 June 2023 via Resolution 23-280. Council also considered and adopted the budget carryovers from the 2022/2023 financial year, to be incorporated into the 2023/2024 budget at its Ordinary Meeting held on 24 August 2023 via Resolution 23-414. Since that date, Council has reviewed the budget taking into consideration the audited 2022/2023 Financial Statement results and progress through the first half of the 2023/2024 financial year. This report considers the December 2023 Quarter Budget Review.

The details of the budget review for the Consolidated, General, Water and Sewer Funds are included in Attachment 1, with an itemised listing in Attachment 2. This aims to show the consolidated budget position of Council, as well as a breakdown by Fund and Principal Activity. The document in Attachment 1 is also effectively a publication outlining a review of the budget and is intended to provide Councillors with more detailed information to assist with decision making regarding Council’s finances.

Contained in the document at Attachment 1 is the following reporting hierarchy:

Consolidated Budget Cash Result

General Fund Cash Result Water Fund Cash Result Sewer Cash Result

Principal Activity Principal Activity Principal Activity

Operating Income Operating Expenditure Capital income Capital Expenditure

The pages within Attachment 1 are presented (from left to right) by showing the original budget as adopted by Council on 30 June 2023 plus the adopted carryover budgets from 2022/2023 followed by the resolutions between July and September and the revote (or adjustment for this review) and then the revised position projected for 30 June 2024 as at 31 December 2023.

On the far right of the Principal Activity, there is a column titled “Note”. If this is populated by a number, it indicates there has been an adjustment in the quarterly review. This number then corresponds to the notes at the end of the Attachment 1 which provides an explanation of the variation.

There is also information detailing restricted assets (reserves) to show Council’s estimated balances as at 30 June 2024 for all Council’s reserves.

A summary of Capital Works is also included by Fund and Principal Activity.

Office of Local Government Budget Review Guidelines:

The Office of Local Government on 10 December 2010 issued the new Quarterly Budget Review Guidelines via Circular 10-32, with the reporting requirements to apply from 1 July 2011. This report includes a Quarterly Budget Review Statement (refer Attachment 3) prepared by Council in accordance with the guidelines.

The Quarterly Budget Review Guidelines set a minimum standard of disclosure, with these standards being included in the Local Government Code of Accounting Practice and Financial Reporting as mandatory requirements for Councils to address.

Since the introduction of the new planning and reporting framework for NSW Local Government, it is now a requirement for Councils to provide the following components when submitting a Quarterly Budget Review Statement (QBRS):

· A signed statement by the Responsible Accounting Officer on Council’s financial position at the end of the year based on the information in the QBRS

· Budget review income and expenses statement in one of the following formats:

o Consolidated

o By fund (e.g. General, Water, Sewer)

o By function, activity, program etc. to align with the management plan/operational plan

· Budget Review Capital Budget

· Budget Review Cash and Investments Position

· Budget Review Key performance indicators

· Budget Review Contracts and Other Expenses

The above components are included in Attachment 3 and outlined below:

Income and Expenditure Budget Review Statement by Type

This shows Council’s income and Expenditure by type. This has been split by Fund. Adjustments are shown, looking from left to right. These adjustments are commented on through the last 13 pages of Attachment 1.

Capital Budget Review Statement

This statement identifies in summary Council’s capital works program on a consolidated basis and then split by Fund. It also identifies how the capital works program is funded. As this is the first quarterly review for the reporting period, the Statement may not necessarily indicate the total progress achieved on the delivery of the capital works program.

Cash and Investments Budget Review Statement

This statement reconciles Council’s restricted funds (reserves) against available cash and investments. Council has attempted to indicate an actual position as at 31 December 2023 of each reserve to show a total cash position of reserves with any difference between that position and total cash and investments held as available cash and investments. It should be recognised that the figure is at a point in time and may vary greatly in future quarterly reviews depending on cash flow movements.

Key Performance Indicators (KPIs)

At this stage, the KPIs within this report are:

o Debt Service Ratio - This assesses the impact of loan principal and interest repayments on the discretionary revenue of Council.

o Rates and Annual Charges Outstanding Ratio – This assesses the impact of uncollected rates and annual charges on Councils liquidity and the adequacy of recovery efforts.

o Asset Renewals Ratio – This assesses the rate at which assets are being renewed relative to the rate at which they are depreciating.

These may be expanded in future to accommodate any additional KPIs that Council may adopt to use in the future.

Contracts and Other Expenses - This report highlights any contracts Council entered into during the July to September quarter that are greater than $50,000.

CONSOLIDATED RESULT

The following table provides a summary of the overall Council budget on a consolidated basis inclusive of all Funds’ budget movements for the 2023/2024 financial year projected to 30 June 2024 but revised as at 31 December 2023.

2023/2024 Budget Review Statement as at 31 December 2023	Original Estimate (Including Carryovers) 1/7/2023	Adjustments to 31 Dec 2023 including Resolutions*	Proposed 31 Dec 2023 Review Revotes	Revised Estimate 30/6/2024 at 31/12/2023
Operating Revenue	117,955,300	(9,220,600)	1,367,800	110,102,500
Operating Expenditure	127,753,000	(6,002,600)	(168,200)	121,582,200
Operating Result – Surplus/Deficit	(9,797,700)	(3,218,000)	1,536,000	(11,479,700)
Add: Capital Revenue	155,394,600	(102,747,000)	(2,725,500)	49,922,100
Change in Net Assets	145,596,900	(105,965,000)	(1,189,500)	38,442,400
Add: Non Cash Expenses	20,523,000	0	0	20,523,000
Add: Non-Operating Funds Employed	10,487,100	1,200,000	0	11,687,100
Subtract: Funds Deployed for Non-Operating Purposes	(204,353,500)	100,747,700	7,859,800	(95,746,000)
Cash Surplus/(Deficit)	(27,746,500)	(4,017,300)	6,670,300	(25,093,500)
Restricted Funds – Increase / (Decrease)	(27,311,500)	(4,201,100)	6,669,100	(24,843,500)
Forecast Result for the Year – Surplus/(Deficit) – Unrestricted Cash Result	(435,000)	183,800	1,200	(250,000)

GENERAL FUND

In terms of the General Fund projected Unrestricted Cash Result the following table provides a reconciliation of the estimated position as at 31 December 2023:

Opening Balance – 1 July 2022	$0
Plus original budget movement and carryovers	(435,000)
Council Resolutions July – September Quarter	185,000
Council Resolutions October – December Quarter	(1,200)
Recommendations within this Review – increase/(decrease)	1,200
Estimated Unrestricted Cash Result Closing Balance – 30 June 2024	($250,000)

The General Fund financial position overall has increased by $1,200 as a result of this budget review, leaving the forecast cash result for the year at an estimated deficit of $250,000. The proposed budget changes are detailed in Attachment 1 and summarised further in this report below.

Council Resolutions

Resolution 23-498 states “that Council pays the hire fees for the Ocean Shores Community Centre by Ocean Shores Art Expo on 3 to 6 November 2023”. The total of these fees was $1,200.

Budget Adjustments

The budget adjustments identified in Attachments 1 and 2 for the General Fund have been summarised by Budget Directorate in the following table:

Budget Directorate	Revenue Increase/ (Decrease) $	Expenditure Increase/ (Decrease) $	Unrestricted Cash Increase/ (Decrease) $
General Manager	110,200	110,200	0
Corporate & Community Services	622,600	622,100	500
Infrastructure Services	2,296,800	2,275,500	21,300
Sustainable Environment & Economy	197,300	217,900	(20,600)
Total Budget Movements	3,226,900	3,225,700	1,200

Budget Adjustment Comments

Within each of the Budget Directorates of the General Fund, are a series of budget adjustments identified in detail at Attachment 1 and 2. More detailed notes on these are provided in Attachment 1 but in summary the major additional items included are summarised below by Directorate and are included in the overall budget adjustments table above.

General Manager

· In the People & Culture program, it is proposed to increase operating income by $103,200 due to a performance rebate received from Statecover. This can be transferred to the People & Culture reserve for use on future People & Culture initiatives.

Corporate and Community Services

· In the Corporate Services program, it is proposed to increase operating income by $525,200 due to income received from Public Works Advisory (PWA) for building and facility damage resulting from the February 2022 flood event. This can be moved to the Flood Recovery reserve which is where the payments for the repairs were originally made from in the previous financial year.

· In the Community Development program, it is proposed to increase the budget for Homelessness projects by $20,000 until contractual documentation for external funding is executed. It is proposed to reimburse the Community Development reserve by June 2024 once this has been finalised.

· In the Childrens Service program, it is proposed to increase operating expenditure due to the cleaning contract being higher than the allocated budget ($14,000) and an increase required for the equipment and building maintenance budget ($32.300). The proposed increase to the maintenance budget is due to new fences being constructed as a result of security breaches from the skatepark, with this being funded from developer contributions.

· In the Public Libraries program, it is proposed to increase operating income due to actual income received for the per capita grant ($7,500) and the Local Priority Grant ($23,600) being more than the budget. It is proposed to increase operating expenditure due to increased costs relating to the Local Priority Grant expenditure to match the income received.

Infrastructure Services

· In the Depot Services Program, it is proposed to increase operating income due to the SEE directorate reimbursing the plant fund for the purchase of a Community Enforcement vehicle. This can be transferred to the Plant reserve which initially purchased the vehicle.

· In the Local Roads and Drainage program, there are a number of adjustments outlined under Note 10 on pages 51 to 53 in the Budget Variations explanations section of Attachment 1. Further disclosure is included in the first and second pages of Attachment 2 under the budget program heading Local Roads and Drainage.

· In the Infrastructure Recovery program, it is proposed to transfer $182,300 from the Infrastructure Services carryover reserve and transfer it to the Flood Recovery reserve. This amount is Councils’ contribution to the February 2022 Natural Disaster. Council is an “Opt-in” Council which means the contribution required is the lesser of 0.75% of Councils total rate revenue from 2 years prior ($24,310,000) or $1 million. This was restricted in the Infrastructure Services carryover reserve in the 2022 Financial year. It is proposed to increase capital income and expenditure by $2,139,700 due to funding agreements being approved for the Sherrys Bridge EPAR ($145,400 - EPAR 10) and the Mullumbimby Road EPAR ($1,994,300 - EPAR 11).

· In the Open Space and Recreation program, there are a number of adjustments outlined under Note 12 on page 51 in the Budget Variations explanations section of Attachment 1. Further disclosure is included on the second page of Attachment 2 under the budget program heading Open Space & Recreation.

· In the Quarries program, it is proposed to add a budget of $300,000 to enable the initial stages of the Quarry remediation, with funding from the Quarry reserve.

· In the Waste Management program, it is proposed to decrease operating income due to the budget tracking lower than anticipated with less tonnage coming through the gate. It is proposed to decrease operating expenditure by $918,500 due to a decrease in disposal costs as a result of less waste ($1,231,500) offset by increases to green waste processing and plant costs ($150,000) and an adjustment required for the Butler Street contamination assessment. Council engaged a consultant to prepare and issue a Request For Detailed Quote (RFQ) for the Additional PFAS Assessment and Ecological Risk Assessment, Butler Street Reserve and surrounding ($150,000). The objective of the work is to determine the extent of PFAS contamination and to collect additional data to meet the requirements of the ecological risk assessment to address the data gaps identified the NSW EPA. $13,000 is also required to fund urgent property repairs at 1 Dingo Lane.

· In the Cavanbah Centre program, it is proposed to increase capital expenditure due to a grant received for the Cavanbah Centre car park repairs ($437,300) and shelving required in Cavanbah Centre sheds ($10,300).

· In the Facilities Management program, it is proposed to increase operating income due to an insurance payment received from Statewide Mutual for damage caused to 10 Lawson Street, Byron Bay by a vehicle. It is proposed to increase operating expenditure due to the vehicle damage at 10 Lawson Street ($46,600), and the following community building maintenance projects: - Asbestos Removal ($60,000), Marvell Hall New Access Ramp ($50,000), Durrumbul Hall Floor Repairs ($40,000), Lillypilli Preschool Roof & Guttering ($160,000) and the Byron Scout Hall ($40,000)

Sustainable Environment and Economy

· In the Development & Certification program, it is proposed to increase operating income due to budgets required for the Swimming Pool Act fees ($20,800, moved from the Environment and Compliance program), Fire Safety Fees ($15,000), Occupation Certificates ($20,000) and Design Excellence Panel meeting fees ($15,000) and a decrease against Complying Development Certificate income ($2,200). It is proposed to increase operating expenditure due to budgets required for Design Excellence Panel member fees ($10,000), NRPP Panel member costs ($10,000) and Priority Planning projects ($100,000, funded from the Development & Certification reserve). It is proposed to increase the budgets for the Australian Coastal Council Membership ($3,000) and Councils’ Heritage Advisor ($6,500).

· In the Planning Policy & Natural Environment program, it is proposed to increase operating income by $47,400 due to grants received for WIRES – No Bats No Me project ($2,700), Stage 2 Southern Coastal Management Program ($13,100) and the Cavanbah & Belongil Beach Dune Recovery program ($31,600). Operating expenditure increased due to the above grants in addition to an increase for the Azility subscription ($2,400) and a Council contribution for the Cavanbah & Belongil Beach Dune Recovery project ($31,600). It is proposed to decrease operating expenditure by $75,900 due to the CMP for Byron Bay Embayment grant being expended in the last financial year. This should be reimbursing the Land & Natural Environment reserve which is where the original expenditure was funded from.

· In the Environment & Compliance program, it is proposed to decrease operating income due to the budget for Swimming pool inspections being transferred to the Development & Certification program, above ($20,800) and an increase to the budget for Food Administration Fees where actual income is slightly higher than the budget ($2,100). It proposed to increase operating expenditure by $7,000 due to the addition of a new pool vehicle within the Compliance team and the running costs associated with this. In addition to this increase, it is proposed to decrease the Compliance Priorities Program- Option 1 budget by $198,100.

WATER FUND

After completion of the 2022/2023 Financial Statements the Water Fund as at 30 June 2023 has a capital works reserve of $5,702,300 and held $1,720,900 in section 64 developer contributions.

The estimated Water Fund reserve balances as at 30 June 2024, and forecast in this Quarter Budget Review, are derived as follows:

Capital Works Reserve

Opening Reserve Balance at 1 July 2023	$5,702,300
Plus original budget reserve movement	(3,254,300)
Resolutions July - September Quarter – increase / (decrease)	(690,700)
September Quarterly Review Adjustments – increase / (decrease)	(1,208,600)
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	251,000
Forecast Reserve Movement for 2023/2024 – Increase / (Decrease)	(4,902,600)
Estimated Reserve Balance at 30 June 2024	$799,700

Section 64 Developer Contributions

Opening Reserve Balance at 1 July 2023	$1,720,900
Plus original budget reserve movement	(2,199,600)
Resolutions July - September Quarter – increase / (decrease)	(917,900)
September Quarterly Review Adjustments – increase / (decrease)	2,291,800
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	31,400
Forecast Reserve Movement for 2023/2024 – Increase / (Decrease)	(794,300)
Estimated Reserve Balance at 30 June 2024	$926,600

Movements for Water Fund can be seen in Attachment 1 with a proposed estimated decrease to reserves (including S64 Contributions) overall of $282,400 from the 31 December 2023 Quarter Budget Review.

SEWERAGE FUND

After completion of the 2022/2023 Financial Statements the Sewer Fund as at 30 June 2023 has a capital works reserve of $3,935,300 and plant reserve of $896,200. It also held $5,448,900 in section 64 developer contributions and a $272,500 unexpended grant.

Capital Works Reserve

Opening Reserve Balance at 1 July 2023	$3,935,500
Plus original budget reserve movement	(504,300)
Resolutions July - September Quarter – increase / (decrease)	(1,613,600)
September Quarterly Review Adjustments – increase / (decrease)	(666,600)
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	2,479,100
Forecast Reserve Movement for 2023/2024 – Increase / (Decrease)	(305,400)
Estimated Reserve Balance at 30 June 2024	$3,630,100

Plant Reserve

Opening Reserve Balance at 1 July 2023	$896,200
Plus original budget reserve movement	0
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	0
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	0
Forecast Reserve Movement for 2023/2024 – Increase / (Decrease)	0
Estimated Reserve Balance at 30 June 2024	$896,200

It is proposed to create a reserve for Property Development -Temporary Housing funded from income received for temporary housing on Sewer Fund land.

Property Development Reserve – Temporary Housing

Opening Reserve Balance at 1 July 2023	$0
Plus original budget reserve movement	136,200
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	0
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	0
Forecast Reserve Movement for 2023/2024 – Increase / (Decrease)	136,200
Estimated Reserve Balance at 30 June 2024	$136,200

Section 64 Developer Contributions

Opening Reserve Balance at 1 July 2023	$5,448,900
Plus original budget reserve movement	(610,000)
Resolutions July - September Quarter – increase / (decrease)	(865,700)
September Quarterly Review Adjustments – increase / (decrease)	193,300
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	1,135,100
Forecast Reserve Movement for 2023/2024 – Increase / (Decrease)	(147,300)
Estimated Reserve Balance at 30 June 2024	$5,301,600

Movements for the Sewerage Fund can be seen in Attachment 1 with a proposed estimated overall increase to reserves (including S64 Contributions) of $3,614,200 from the 31 December 2023 Quarter Budget Review.

Legal Expenses

One of the major financial concerns for Council over previous years has been legal expenses. Not only does this item represent a large expenditure item funded by general revenue, but can also be susceptible to large fluctuations.

The table that follows indicates the allocated budget and actual legal expenditure within Council on a fund basis as at 31 December 2023.

Total Legal Income & Expenditure as at 31 December 2023

Program	2023/2024 Budget ($)	Actual ($)	Percentage To Revised Budget
Income
Legal Expenses Recovered	0	32,000	0%
Total Income	0	32,000	0%

Expenditure
General Legal Expenses	210,000	76,935	36.63%
Total Expenditure General Fund	210,000	76,935	36.63%

Note: This should continue to be monitored to ensure there is enough funding for future expenses.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership	1.3: Ethical and efficient management of resources	1.3.1: Financial Management - Ensure the financial integrity and sustainability of Council through effective financial management	1.3.1.2	Provide Quarterly Budget Reviews to Council for adoption.

Legal/Statutory/Policy Considerations

In accordance with Section 203 of the Local Government (General) Regulation 2021 the Responsible Accounting Officer of a Council must:

(1) Not later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

(2) A budget review statement must include or be accompanied by:

(a) a report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

(b) if that position is unsatisfactory, recommendations for remedial action.

(3) A budget review statement must also include any information required by the Code to be included in such a statement.

Financial Considerations

The 31 December 2023 Quarter Budget Review of the 2023/2024 Budget has increased the overall estimated budget result by $1,200. This leaves the movement against the unrestricted cash balance attributable to the General Fund to an estimated deficit of $250,000 for the year, leaving the unrestricted cash balance attributable to the General Fund at an estimated $250,000 deficit at 30 June 2024.

It is the view of the Responsible Accounting Officer that the short term financial position of the Council is still satisfactory for the 2023/2024 financial year, having consideration of the original estimate of income and expenditure at the 31 December 2023 Quarter Budget Review.

This opinion is based on the estimated General Fund Unrestricted Cash Result position and that the current indicative budget position for 2023/2024 outlined in this Budget Review is further improved through the remaining quarterly budget reviews for the 2023/2024 financial year. Council must remember it has a short term financial goal of maintaining $1,000,000 in unrestricted cash.

Council must also be mindful of its cash flow position as the financial year progresses given the ongoing expenditure on restoration of infrastructure from the February/May 2022 flood events whilst experiencing significant delays in claims approvals, processing and payments from the NSW State Government. This position will need continual close monitoring as Council is delivering business as usual plus the flood recovery.

It is essential that the Quarterly Budget Review for the March 2024 Quarter is carefully considered in terms of delivery capacity and Council’s financial position with a view to address the current $250,000 deficit as a minimum.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.6

Report No. 13.6 Council Investments - 1 December 2023 to 31 December 2023

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2024/34

Summary:

This Report includes a list of investments and identifies Council’s overall cash position for the period 1 December 2023 to 31 December 2023 for information.

This Report is prepared to comply with Section 212 of the Local Government (General) Regulation 2021.

RECOMMENDATION:

That Council notes the report listing Council’s investments and overall cash position as of 31 December 2023.

Report

Council has continued to maintain a diversified portfolio of investments. As of 31 December 2023, the average 90-day bank bill rate (BBSW) for the month was 4.36%. Council’s performance for December 2023 was 4.39%, higher than the average BBSW.

The table below identifies the investments held by Council as at 31 December 2023.

Schedule of Investments held as at 31 December 2023

Purch Date	Principal ($)	Description	CP*	Rating	Maturity Date	Fossil Fuel	Type	Int. Rate	Current Value ($)
15/11/18	1,000,000.00	NSW Treasury Corp (Green Bond)	N	AAA	15/11/28	N	B	3.00%	962,880.00
20/11/18	1,000,000.00	QLD Treasury Corp (Green Bond)	N	AA+	22/03/24	N	B	1.78%	1,005,907.00
28/03/19	1,000,000.00	National Housing Finance & Investment Corporation	Y	AAA	28/03/29	N	B	2.38%	935,100.00
21/11/19	1,000,000.00	NSW Treasury Corp (Sustainability Bond)	N	AAA	20/03/25	N	B	1.25%	970,890.00
27/11/19	500,000.00	National Housing Finance & Investment Corp	Y	AAA	27/05/30	N	B	1.52%	431,133.50
15/06/21	500,000.00	National Housing Finance & Investment Corp	Y	AAA	01/07/31	N	B	1.99%	500,040.68
06/09/21	1,000,000.00	Northern Territory TCorp	N	Aa3	15/12/26	N	B	1.40%	1,000,000.00
16/09/21	1,000,000.00	QLD Treasury Corp (Green Bond)	N	AA+	02/03/32	N	B	1.83%	813,980.00
30/10/23	850,000.00	Bank Australia Ltd	P	BBB	30/10/26	N	FRN	5.72%	853,466.25
01/09/23	2,000,000.00	NAB	P	AA-	01/04/24	Y	TD	4.95%	2,000,000.00
14/09/23	1,000,000.00	NAB	N	AA-	12/01/24	Y	TD	4.90%	1,000,000.00
20/09/23	1,000,000.00	Bank of QLD	P	BBB+	22/01/24	N	TD	4.75%	1,000,000.00
25/09/23	2,000,000.00	Bank of QLD	N	BBB+	24/01/24	N	TD	4.85%	2,000,000.00
28/09/23	1,000,000.00	Judo Bank	P	BBB-	04/01/24	N	TD	4.85%	1,000,000.00
04/10/23	2,000,000.00	Judo Bank	N	BBB-	03/01/24	N	TD	4.90%	2,000,000.00
09/10/23	2,000,000.00	NAB	N	AA-	08/01/24	Y	TD	4.85%	2,000,000.00
19/10/23	1,000,000.00	AMP Bank	P	BBB	18/01/24	Y	TD	4.85%	1,000,000.00
25/10/23	1,000,000.00	Police Bank	P	BBB	22/02/24	N	TD	5.00%	1,000,000.00
25/10/23	1,000,000.00	Police Credit Union	P	BBB	22/02/24	N	TD	5.00%	1,000,000.00
30/10/23	2,000,000.00	NAB	N	AA-	29/01/24	Y	TD	5.00%	2,000,000.00
01/11/23	1,000,000.00	NAB	N	AA-	30/01/24	Y	TD	5.00%	1,000,000.00
08/11/23	1,000,000.00	Auswide Bank	P	BBB	07/02/24	N	TD	5.05%	1,000,000.00
20/11/23	1,000,000.00	NAB	N	AA-	19/02/24	Y	TD	5.00%	1,000,000.00
27/11/23	1,000,000.00	Westpac Tailored	P	AA-	27/11/24	N	TD	5.40%	1,000,000.00
29/11/23	1,000,000.00	Bank of QLD	N	BBB+	02/04/24	N	TD	5.20%	1,000,000.00
04/12/23	2,000,000.00	Judo Bank	N	BBB-	07/03/24	N	TD	5.20%	2,000,000.00
04/12/23	2,000,000.00	Bank of QLD	N	BBB+	04/04/24	N	TD	5.20%	2,000,000.00
06/12/23	2,000,000.00	Beyond Bank	P	BBB	06/03/24	N	TD	5.10%	2,000,000.00
12/12/23	2,000,000.00	NAB	N	AA-	18/03/24	Y	TD	5.05%	2,000,000.00
18/12/23	2,000,000.00	NAB	N	AA-	18/03/24	Y	TD	5.05%	2,000,000.00
22/12/23	2,000,000.00	NAB	N	AA-	21/03/24	Y	TD	5.05%	2,000,000.00
N/A	21,076,291.58	CBA Business Saver	P	AA-	N/A	Y	CALL	4.35%	21,076,291.58
N/A	3,181,781.24	CBA Business Saver – Tourism Infrastructure Grant	N	AA-	N/A	Y	CALL	4.35%	3,181,781.24
N/A	10,568,189.37	Macquarie Accelerator Call	N	A	N/A	Y	CALL	3.97%	10,568,189.37
Total	75,676,262.19						AVG	4.39%	75,299,659.62

Note 1.	CP = Capital protection on maturity

	N = No Capital Protection
	Y = Fully covered by Government Guarantee
	P = Partial Government Guarantee of $250,000 (Financial Claims Scheme)

Note 2.	Fossil Fuel ADI
	N = No investment in Fossil Fuels
	Y = Investment in Fossil Fuels
	U = Unknown Status


Note 3.		Type	Description
		B	Bonds	Principal can vary based on valuation, interest payable via a fixed interest, payable usually each quarter.
		FRN	Floating Rate Note	Principal can vary based on valuation, interest payable via a floating interest rate that varies each quarter.
		TD	Term Deposit	Principal does not vary during investment term. Interest payable is fixed at the rate invested for the investment term.
		CALL	Call Account	Principal varies due to cash flow demands from deposits/withdrawals. Interest is payable on the daily balance.

Environmental and Socially Responsible Investing (ESRI)

An additional column has been added to the schedule of Investments to identify if the financial institution holding the Council investment has been assessed as a ‘Fossil Fuel’ investing institution. This information has been sourced through www.marketforces.org.au and identifies financial institutions that either invest in fossil fuel related industries or do not. The graph below highlights the percentage of each classification across Council’s total investment portfolio in respect of fossil fuels only.

The notion of Environmental and Socially Responsible Investing is much broader than whether a financial institution as rated by ‘marketforces.org.au’ invests in fossil fuels or not. Council’s current Investment Policy defines Environmental and Socially Responsible Investing at Section 4.1 of the Policy which can be found on Council’s website.

Council may from time to time have an investment with a financial institution that invests in fossil fuels but is nevertheless aligned with the broader definition of Environmental and Socially Responsible investments. When this occurs, the investment will be marked as no fossil fuels given the investment purpose.

During the month of November 2023 as an example, Council undertook an investment with Westpac Bank as a tailored deposit. The investment proceeds are utilised for environmental purposes as this investment in Climate Bond Ceritifed.

With the lifting of the NSW Treasury Corporation loan borrowing covenant on Council’s investments, growth has recommenced in acquiring investments not aligned with fossil fuels. Council’s portfolio reached its lowest point in August 2023 at 15% but as at 30 December 2023, the portfolio has already increased to 29%.

Investment Policy Compliance

The below table identifies compliance with Council’s Investment Policy by the proportion of the investment portfolio invested with financial institutions, along with their associated credit ratings compared to parameters in the Investment Policy. The parameters are designed to support prudent short and long-term management of credit risk and ensure diversification of the investment portfolio. Note that the financial institutions currently offering investments in the ‘ethical’ area are still mainly those with lower credit ratings (being either BBB or not rated at all i.e., credit unions).

Investment policy compliance
% should not exceed the following			ACTUAL

AAA to AA	A1+	100%	66%	Meets policy
A+ to A-	A1	60%	14%	Meets policy
BBB to NR	A2,NR	40%	20%	Meets policy

The investment portfolio is outlined in the table below by investment type for the period 1 December 2023 to 31 December 2023:

Dissection of Council Investment Portfolio as at 31 December 2023

Principal Value ($)	Investment Linked to:	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
33,000,000.00	Term Deposits	33,000,000.00	0.00
21,076,291.58	CBA Business Saver	21,076,291.58	0.00
3,181,781.24	CBA Business Saver – Tourism Infrastructure Grant	3,181,781.24	0.00
10,568,189.37	Macquarie Accelerator	10,568,189.37	0.00
7,850,000.00	Bonds/Floating Rate Notes	7,473,397.43	(376,602.57)
75,676,262.19	Total	75,299,659.62	(376,602.57)

Council’s overall ‘cash position’ is not only measured by funds invested but also by the funds retained in its consolidated fund or bank account for operational purposes. The table below identifies Council’s overall cash position for the month of December 2023 as follows:

Dissection of Council’s Cash Position as at 31 December 2023

Item	Principal Value ($)	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
Investments Portfolio
Term Deposits	33,000,000.00	33,000,000.00	0.00
CBA Business Saver	21,076,291.58	21,076,291.58	0.00
CBA Business Saver – Tourism Infrastructure Grant	3,181,781.24	3,181,781.24	0.00
Macquarie Accelerator	10,568,189.37	10,568,189.37	0.00
Bonds	7,850,000.00	7,473,397.43	(376,602.57)
Total Investment Portfolio	75,676,262.19	75,299,659.62	(376,602.57)
Cash at Bank
Consolidated Fund	3,046,836.47	3,046,836.47	0.00
Total Cash at Bank	3,046,836.47	3,046,836.47	0.00
Total Cash Position	78,723,098.66	78,346,496.09	(376,602.57)

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership	1.3: Ethical and efficient management of resources	1.3.1: Financial Management - Ensure the financial integrity and sustainability of Council through effective financial management	1.3.1.6	Maintain Council's cash flow

Legal/Statutory/Policy Considerations

In accordance with Section 212 of the Local Government (General) Regulation 2021, the Responsible Accounting Officer of Council must provide Council with a monthly report detailing all monies it has invested under section 625 of the Local Government Act 1993.

The Report must be presented at the next Ordinary Meeting of Council after the end of the month being reported. The current Council Meeting cycle does not always allow this to occur, especially as investment valuations required for the preparation of the report are often received after the deadline for the submission of reports. Endeavours are being made to achieve a better alignment and for some months this will require reporting for one or more months.

Council’s investments are made in accordance with section 625(2) of the Local Government Act 1993 and Council’s Investment Policy. The Local Government Act 1993 allows Council to invest money as per the Minister’s Order – Forms of Investment, last published in the Government Gazette on 11 March 2011.

Council’s Investment Policy includes the objective of maximising earnings from authorised investments and ensuring the security of Council Funds.

Financial Considerations

Council uses a diversified mix of investments to achieve short, medium, and long-term results.

Indicator	Definition	Baseline Result	Target	Q2 Result
Selected data point used to indicate whether the delivery program priorities have been realised	Description of the indicator and how it is measured	The most recent measurement at or before the beginning of the Delivery Program period (July 2022).	The desired trend or specific ‘ideal outcome’ ↓ Indicator decreases over the Council term ↑ Indicator increases over the Council term ✓ Indicator target is reached over the Council term or remains stable	Most recent result for the reporting period

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.9

Report No. 13.9 Council Investments - 1 January 2024 to 31 January 2024

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2024/147

Summary:

This Report includes a list of investments and identifies Council’s overall cash position for the period 1 January 2024 to 31 January 2024 for information.

This Report is prepared to comply with Section 212 of the Local Government (General) Regulation 2021.

RECOMMENDATION:

That Council notes the report listing Council’s investments and overall cash position as of 31 January 2024.

Report

Council has continued to maintain a diversified portfolio of investments. As of 31 January 2024, the average 90-day bank bill rate (BBSW) for the month was 4.35%. Council’s performance for January 2024 was 4.62%.

The table below identifies the investments held by Council as at 31 January 2024.

Schedule of Investments held as at 31 January 2024

Purch Date	Principal ($)	Description	CP*	Rating	Maturity Date	Fossil Fuel	Type	Int. Rate	Current Value ($)
15/11/18	1,000,000.00	NSW Treasury Corp (Green Bond)	N	AAA	15/11/28	N	B	3.00%	962,880.00
20/11/18	1,000,000.00	QLD Treasury Corp (Green Bond)	N	AA+	22/03/24	N	B	1.78%	1,005,907.00
28/03/19	1,000,000.00	National Housing Finance & Investment Corporation	Y	AAA	28/03/29	N	B	2.38%	935,100.00
21/11/19	1,000,000.00	NSW Treasury Corp (Sustainability Bond)	N	AAA	20/03/25	N	B	1.25%	970,890.00
27/11/19	500,000.00	National Housing Finance & Investment Corp	Y	AAA	27/05/30	N	B	1.52%	431,133.50
15/06/21	500,000.00	National Housing Finance & Investment Corp	Y	AAA	01/07/31	N	B	1.99%	500,040.68
06/09/21	1,000,000.00	Northern Territory TCorp	N	Aa3	15/12/26	N	B	1.40%	1,000,000.00
16/09/21	1,000,000.00	QLD Treasury Corp (Green Bond)	N	AA+	02/03/32	N	B	1.83%	813,980.00
30/10/23	850,000.00	Bank Australia Ltd	P	BBB	30/10/26	N	FRN	5.72%	853,466.25
25/10/23	1,000,000.00	Police Bank	P	BBB	22/02/24	N	TD	5.00%	1,000,000.00
25/10/23	1,000,000.00	Police Credit Union	P	BBB	22/02/24	N	TD	5.00%	1,000,000.00
08/11/23	1,000,000.00	Auswide Bank	P	BBB	07/02/24	N	TD	5.05%	1,000,000.00
20/11/23	1,000,000.00	NAB	P	AA-	19/02/24	Y	TD	5.00%	1,000,000.00
27/11/23	1,000,000.00	Westpac Tailored	P	AA-	27/11/24	N	TD	5.40%	1,000,000.00
29/11/23	1,000,000.00	Bank of QLD	P	BBB+	02/04/24	N	TD	5.20%	1,000,000.00
04/12/23	2,000,000.00	Judo Bank	P	BBB-	07/03/24	N	TD	5.20%	2,000,000.00
04/12/23	2,000,000.00	Bank of QLD	N	BBB+	04/04/24	N	TD	5.20%	2,000,000.00
06/12/23	2,000,000.00	Beyond Bank	P	BBB	06/03/24	N	TD	5.10%	2,000,000.00
12/12/23	2,000,000.00	NAB	N	AA-	18/03/24	Y	TD	5.05%	2,000,000.00
18/12/23	2,000,000.00	NAB	N	AA-	18/03/24	Y	TD	5.05%	2,000,000.00
22/12/23	2,000,000.00	NAB	N	AA-	21/03/24	Y	TD	5.05%	2,000,000.00
03/01/24	2,000,000.00	Judo Bank	N	BBB-	03/04/24	N	TD	5.10%	2,000,000.00
04/01/24	1,000,000.00	Judo Bank	N	BBB-	04/04/24	N	TD	5.10%	1,000,000.00
08/01/24	2,000,000.00	NAB	N	AA-	08/04/24	Y	TD	5.05%	2,000,000.00
10/01/24	2,000,000.00	Judo Bank	N	BBB-	10/04/24	N	TD	5.10%	2,000,000.00
12/01/24	5,000,000.00	Judo Bank	N	BBB-	12/04/24	N	TD	5.10%	5,000,000.00
12/01/24	5,000,000.00	Bank of QLD	N	BBB+	13/05/24	N	TD	5.05%	5,000,000.00
12/01/24	5,000,000.00	NAB	N	AA-	10/07/24	Y	TD	5.10%	5,000,000.00
12/01/24	5,000,000.00	Heritage Bank	P	BBB	11/07/24	N	TD	5.00%	5,000,000.00
19/01/24	1,000,000.00	Judo Bank	N	BBB-	19/04/24	N	TD	5.05%	1,000,000.00
19/01/24	1,000,000.00	NAB	N	AA-	18/04/24	Y	TD	5.05%	1,000,000.00
19/01/24	1,000,000.00	Bank of QLD	N	BBB+	20/05/24	N	TD	5.05%	1,000,000.00
22/01/24	1,000,000.00	Bank of QLD	P	BBB+	22/05/24	N	TD	5.05%	1,000,000.00
25/01/24	2,000,000.00	Bank of QLD	N	BBB+	27/05/24	N	TD	5.05%	2,000,000.00
30/01/24	1,000,000.00	NAB	N	AA-	29/04/24	Y	TD	5.05%	1,000,000.00
N/A	20,155,707.69	CBA Business Saver	P	AA-	N/A	Y	CALL	4.35%	20,155,707.69
N/A	3,193,536.40	CBA Business Saver – Tourism Infrastructure Grant	N	AA-	N/A	Y	CALL	4.35%	3,193,536.40
N/A	10,038,517.52	Macquarie Accelerator Call	N	A	N/A	Y	CALL	4.20%	10,038,517.52
Total	93,237,761.61						AVG	4.62%	92,861,159.04

Note 1.	CP = Capital protection on maturity

	N = No Capital Protection
	Y = Fully covered by Government Guarantee
	P = Partial Government Guarantee of $250,000 (Financial Claims Scheme)

Note 2.	Fossil Fuel ADI
	N = No investment in Fossil Fuels
	Y = Investment in Fossil Fuels
	U = Unknown Status


Note 3.		Type	Description
		B	Bonds	Principal can vary based on valuation, interest payable via a fixed interest, payable usually each quarter.
		FRN	Floating Rate Note	Principal can vary based on valuation, interest payable via a floating interest rate that varies each quarter.
		TD	Term Deposit	Principal does not vary during investment term. Interest payable is fixed at the rate invested for the investment term.
		CALL	Call Account	Principal varies due to cash flow demands from deposits/withdrawals. Interest is payable on the daily balance.

Environmental and Socially Responsible Investing (ESRI)

With the lifting of the NSW Treasury Corporation loan borrowing covenant on Council’s investments, growth has recommenced in acquiring investments not aligned with fossil fuels. Council’s portfolio reached its lowest point in August 2023 at 15% but as at 31 January 2024, the portfolio has increased to 44%.

Investment Policy Compliance

Investment policy compliance
% should not exceed the following			ACTUAL

AAA to AA	A1+	100%	50%	Meets policy
A+ to A-	A1	60%	11%	Meets policy
BBB to NR	A2,NR	40%	39%	Meets policy

The investment portfolio is outlined in the table below by investment type for the period 1 January 2024 to 31 January 2024:

Dissection of Council Investment Portfolio as at 31 January 2024

Principal Value ($)	Investment Linked to:	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
52,000,000.00	Term Deposits	52,000,000.00	0.00
20,155,707.69	CBA Business Saver	20,155,707.69	0.00
3,193,536.40	CBA Business Saver – Tourism Infrastructure Grant	3,193,536.40	0.00
10,038,517.52	Macquarie Accelerator	10,038,517.52	0.00
7,850,000.00	Bonds/Floating Rate Notes	7,473,397.43	(376,602.57)
93,237,761.61	Total	92,861,159.04	(376,602.57)

Dissection of Council’s Cash Position as at 31 January 2024

Item	Principal Value ($)	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
Investments Portfolio
Term Deposits	52,000,000.00	52,000,000.00	0.00
CBA Business Saver	20,155,707.69	20,155,707.69	0.00
CBA Business Saver – Tourism Infrastructure Grant	3,193,536.40	3,193,536.40	0.00
Macquarie Accelerator	10,038,517.52	10,038,517.52	0.00
Bonds	7,850,000.00	7,473,397.43	(376,602.57)
Total Investment Portfolio	93,237,761.61	92,861,159.04	(376,602.57)
Cash at Bank
Consolidated Fund	5,181,741.06	5,181,741.06	0.00
Total Cash at Bank	5,181,741.06	5,181,741.06	0.00
Total Cash Position	98,419,502.67	98,042,900.10	(376,602.57)

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership	1.3: Ethical and efficient management of resources	1.3.1: Financial Management - Ensure the financial integrity and sustainability of Council through effective financial management	1.3.1.6	Maintain Council's cash flow

Legal/Statutory/Policy Considerations

Council’s Investment Policy includes the objective of maximising earnings from authorised investments and ensuring the security of Council Funds.

Financial Considerations

Council uses a diversified mix of investments to achieve short, medium, and long-term results.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.10

Staff Reports - Sustainable Environment and Economy

Report No. 13.10 2023 Environment and Safety Priorities Program

Directorate: Sustainable Environment and Economy

Report Author: Sarah Nagel, Manager Public and Environmental Services

File No: I2024/39

Summary:

This report details activities undertaken between 1 January 2023 and 31 December 2023 to meet the adopted 2023 Environment and Safety Priorities Program .

The 2023 Environment and Safety Priorities Program was undertaken in accordance with Council resolution 23-193 (Minutes of Ordinary Meeting - Thursday, 25 May 2023 (infocouncil.biz)) which adopted further compliance resourcing to support proactive and visible companion animal, parking and unauthorised camping compliance.

RECOMMENDATION:

That Council:

1. Acknowledges the work of the Public and Environmental Service Team.

2. Notes the report on the 2023 Environment and Safety Priorities Program.

3. Adopts the proposed ‘Environment and Safety Priorities Program’ for 2024 as provided below to support the adopted compliance resourcing approach:

Council’s Public & Environmental Services prioritises proactive and visible companion animal, parking and unauthorised camping compliance.

It then prioritises its response to all other matters in accordance with the following categories:

1. High risk activities which require an urgent and immediate response. (high risk activities are defined as activities that places people’s lives at immediate risk or that cause or are likely to cause a significant risk of environmental harm or pollution); and

2. Other activities which require a routine response during strategic/regular duties.

4. Writes to the NSW Building Commissioner advising of its concerns with private certification, seeking a review of the regulation of Private Certifying Authorities in NSW.

Report

Between 1 January 2023 and 31 December 2023 (“the reporting period”), the Animal Enforcement Officers, Community Enforcement Officers, Parking Enforcement Officers, Environmental Health Officers, Public Space Liaison Officers and the Development Investigations Lead Officer (“the Team”) received 4,378 Customer Request Management (“CRMs”). This was an increase from 3,624 in the 2022 year.

The 2023 CRMs are broken down into categorises below:

MAJOR CATEGORY	MINOR CATEGORY	2023	2022	Finalised 2023
ANIMALS	Dogs	851	721	830
	Cats	57	36	58
	Livestock	42	34	41
	Unregistered	19	17	18
	Poultry	61	16	57
	Deceased	6	1	7
	Rabbits	1	1	1
Total		1,037	826	1,012
BUSKERS	No Permit	13	20	13
Total		13	20	13
CAMPING	Camping	804	420	804
Total		804	420	804
FIRE	Hazard	1	1	0
FIRE	Fire Safety	0	1	0
TOTAL		1	2	0
HEALTH	Food Premises	26	26	25
	Other	7	8	5
	Asbestos	6	4	4
	Chem Spray	0	4	0
	Food Poisoning	9	4	6
	Water Quality	0	4	1
	Odour	0	2	0
	General	2	2	2
	Mosquito	0	2	0
	Building	2	0	2
	Covid	0	0	0
TOTAL		52	56	45
Illegal Works	Building	332	301	339
	Development	167	133	179
	Land Use	107	92	116
	Clear Land	77	71	80
	Business	80	60	73
	Earthworks	31	59	23
	Holiday Letting	40	17	30
	Swimming pool	9	7	6
	Fire Safety	0	4	0
	Wedding	2	1	1
TOTAL		845	745	847
Pollution	Noise	172	176	144
	Air	36	42	29
	Water	20	26	22
	Land	12	19	9
	Light	5	4	5
	Odour	11	4	10
TOTAL		256	271	219
Vehicles	Parking	821	665	816
	Abandoned	549	484	550
	For Sale	0	10	0
TOTAL		1,370	1,159	1,366

Note: Some CRMs were carried over from the previous reporting period and completed in this period.

The team responded to all matters in accordance with the following categories (as per the adopted 2023 Environment and Safety Priorities Program and/or as resources permit their re-prioritisation):

1. High Risk Activities which require an urgent and immediate response.

High risk activities are defined as activities that places people’s lives at immediate risk or that cause or are likely to cause a significant risk of environmental harm or pollution.

2. Other activities which require a routine response during strategic/regular duties.

All other activities.

The vast majority of the team’s work was again dominated by vehicle, illegal works, animals and camping. Complaints received in relation to vehicles and illegal works have reduced in the last twelve months. Complaints relating to camping and animals have increased.

The enforcement teams varied rostering, staffing, equipment and patrol approaches to ensure proactive and visible companion animal, parking and unauthorised camping compliance (Resolution 23-193).

The team issued 13,591 penalty infringement notices with a value of $2,672,889 in the reporting period.

The enforcement team continues to make best endeavours to respond to all manner of compliance priority duties across the whole of the Shire. This is undertaken in the context of a rotating roster. The start and finish times on the roster, as well as the days, are continuously varied to accommodate the need to patrol numerous places in towns, villages and the coast and due to time of year. This is balanced against the requirement for the roster to also observe State Award and Workplace Health and Safety requirements for officers. Patrols and rostering also considers requests by Police and State Agencies for periodic joint activities in the field.

Year end results

The enforcement team has greatly benefited from the additional funded resources, resulting in two additional Community Enforcement Officers, one additional Parking Enforcement Officer, a community enforcement vehicle and equipment. This has supported expanded rostering hours and the ability to roster more staff on each shift. This allows officers to reach a larger geographical area for early morning unauthorised camping patrols, daily parking patrols and daily animal patrols. It has also supported further expansive early and late shifts for unauthorised camping, parking and animal patrols.

The team has displayed resilience and adaptability by their ability to frequently alter their roster, approach and response depending on the circumstances and challenges in the field whilst also supporting the community.

Companion Animals

Animal enforcement capabilities were greatly enhanced in 2022 with the addition of an Animal Education & Enforcement Officer by way of grant funding for flood impacted councils. This proved beneficial to the educational component of responsible pet ownership in 2022. In 2023, the expanded ability of the Animal Enforcement team to patrol and enforce responsible dog ownership behaviour in public spaces, due to this third officer, became very evident. The funding for this role will end on 30 June 2024.

Council's Animal Enforcement vehicle on Clarkes Beach at sunrise.

In the reporting period, there were 851 customer requests made in relation to dogs. An increase from 721 in the previous period. These included:

Customer Request Management Received	2023 (comparison to 2022)
Dogs Attacks	106 (110)
Dogs Barking	216 (177)
Dogs Found	114 (117)
Dogs Nuisance	403 (312)
Dogs Restricted	12 (5)
TOTAL	851 (721)

In the reporting period Council:

· served 12 Intentions to Declare a Menacing or Dangerous Dog and issued 8 Orders relating to Menacing or Dangerous Dogs under the Companion Animals Act 1998. This was similar to the previous reporting period.

· completed daily patrols and issued 20% more Companion Animal related penalty infringement notices to the value of $53,920. This was a substantial increase from 100 in the previous reporting period and 57 in the prior reporting period. During each patrol, a minimum of three microchip checks of dogs was undertaken by officers.

· successfully finalised 15 Local Court prosecutions in relation to a dog. Fines and costs were awarded to Council totalling $21,600. The number of prosecutions were similar to that of the previous reporting period (14 prosecutions previously).

The number of reported dog attacks slightly reduced compared to the previous reporting period. This is despite the number of dog attacks across the whole of New South Wales increasing significantly in the first 10 months of the reporting period.

During the reporting period, notifications of uncontrolled dogs and/or cats (including in wildlife protection areas and dog prohibited areas) were actioned on a case-by-case basis and reported as CRMs.

The team progressed the implementation of the ‘Dogs in Public Spaces Strategy’ and further clarified dog prohibited and dog exercise areas within the Shire via the ‘Guide to Dog Areas in the Byron Shire’. This included one further dog exercise area in Mullumbimby and one further dog prohibited area (Wildlife Protection Area) in New Brighton. The team progressed the Shire wide dog signage audit, commencing with footpath stencils via the support of Council’s Open Spaces Team. Further footpath stencils and dog signage will be implemented over early 2024.

The team also continued participation in the ‘Keeping Cats Safe at Home’ project, in conjunction with the RSPCA, via a children’s drawing competition, incentive packs to responsible owners (via local veterinary practices and rehoming organisations) and continued free desexing and microchipping of eligible cats. This resulted in the funding of 78 cats (45 female and 33 male) being desexed, microchipped and registered.

Parking

In the reporting period Council:

· issued 13,076 penalty infringement notices in relation to parking with a total value of $2,421,191. This was a substantial increase from 10,869 in the previous reporting period and a 78% increase in dollar value than the previous reporting period.

· obtained 71 convictions in the Local Court in relation to traffic, parking and unauthorised camping offences. In total Council was awarded fines and costs of $1,900. This was a significant increase from 5 in the previous reporting period.

· issued 196 penalty infringement notices in relation to abandoned vehicles with a total value of $91,238. This was over seven times the number of infringements in the previous reporting period (26 penalty infringement notices) and an increased total value of $73,858.

Over the reporting period, officers performed approximately 40,000 individual compliance checks against vehicle registrations (99% of these by parking enforcement officers). This is where an officer stops and keys in the registration number of a vehicle through a hand-held device to check for payment/non-payment. This process is separate to the licence plate recognition (“LPR”) automation compliance checks. This process / visible presence, combined with the LPR, has produced a 10-20% increase in daily revenue (depending on day/time of year).

The LPR system has been updated and now routinely scans from 1000 to 4000 vehicles per day, with automatic compliance / colour coded returns for payment compliance and overstay breaches. The system performs multiple scans per second and rereads a plate until the correct scan is determined and will present the correct plate while discarding an imperfect scan.

There has been a significant improvement on vehicle related CRM management and throughput by virtue of officers having access to laptops while in the field. When an officer properly utilises this access the time from CRM receipt to CRM closure is halved and parking CRM clearance rates has improved by 30 to 50 percent.

The additional parking enforcement officer has hit the ground running and is supporting the parking team to extend roster times (earlier and later shifts) and increase number of staff on each shift.

The parking team has also developed a stronger working relationship with the Infrastructure Services signage team which has expedited the corrections required on regulatory signage and improved our enforcement ability in key locations.

Unauthorised Camping

The amended unauthorised camping fine strategy (commenced in 2019) continued to prove vastly more effective in relation to officer safety, ability to issue higher number of fines (only 14 of the 1,275 camping-related penalty infringement notices issued in 2023 were issued under the old signage approach), less Court appeals (these was 1 in the reporting period) and a more effective ongoing deterrent of illegal camping in hot spot areas. The team continued to work effectively with Infrastructure Services to identify further areas that will benefit from early morning parking restrictions.

In the reporting period Council:

· issued 1,275 camping-related penalty infringement notices with a total value of $152,860. This was an approximate 32% increase to that of the previous reporting period which was 964 with a total value of $112,752.

· Court prosecutions relating to unauthorised camping are outlined above in this report under ‘Parking”.

· completed coordinated patrols and inter-agency working groups with Police, NPWS, Crown Lands and Reflections Holiday Parks on various coastal lands where camping and camps were known to be causing community and environmental impacts. This included continued inter-agency action at the Brunswick Heads and Seven Mile Beach areas.

Public Space Liaison Officers

Public Space Liaison Officers (“PSLOs”) provide a respectful and compassionate response to issues arising from homelessness in public places. PSLOs work with a diverse range of stakeholders to reduce the impact of homelessness in the Byron Shire. PSLOs engage with people occupying public space who are homeless to link them with supports services, improve amenity and manage the impact on public space. The importance of the PSLOs within the team has already proven beneficial to Council.

PSLOs facilitated the exchange of information between public space users and other stakeholders to promote responsible and shared use of public space and foster an environment of community inclusivity; whilst also promoting the fair use of public space for all stakeholders. They patrolled areas of the Shire all weekdays, building relationships with people who are rough sleeping, making appropriate referrals to relevant services and developing and facilitating a network of stakeholders, including people experiencing homelessness, NSW Police, non-government services, health services, NSW state government bodies, internal business units, local business, and residents. To aide Council’s understanding and assistance of rough sleepers throughout the Shire, the officers collected and documented quantitative and qualitative information on issues and trends on homelessness and hotspots.

During the reporting period the PSLOs continued to problem-solve via the utilisation of limited available services, sources and resources to support rough sleepers and vulnerable persons. The PSLOs engaged with 1,545 people, being 740 more than the previous reporting period (805). They made 102 referrals (115 in previous period), provided 804 people with information (526 in previous period), provided 80 people with material aid (75 in previous period), undertook 190 joint patrols with various services (126 in previous period), organised 20 clean-ups (4 in previous period), made 10 SHS referrals (not recorded in previous period), made 9 temporary accommodation referrals to the Department of Communities and Justice (12 in previous period) and added 7 people to the ‘By Name List’ (6 in the previous reporting period). The Officers participated in 128 local meetings (51 previous).

The importance of the PSLOs will only continue to increase in the current climate.

Other Matters

Under the terms of the Environmental Planning and Assessment Act 1979, Council served 149 notices of entry to inspect premises in relation to unauthorised building works, activities and uses. This was a reduction from 210 in the previous reporting period but consistent with the number of CRMs received for these matters.

Developments, actions, works, activities or uses that places people’s lives at immediate risk or that cause or are likely to cause a significant risk of environmental harm or pollution were generally actioned within 24 hours. Livestock on public roads was responded to immediately.

In the reporting period Council:

· issued 251 notices and orders under the Local Government Act 1993, Environmental Planning and Assessment Act 1979 and Protection of the Environment Operations Act 1997. This was an increase from 222 in the previous reporting period and 53 in the period prior to that.

· issued 7 penalty infringement notices under the Environmental Planning and Assessment Act 1979 with a total value of $18,000. This was a reduction from 15 in the previous reporting period. This may be a result of the focus on proactive and visible companion animal, parking and unauthorised camping compliance.

· issued 0 pollution and littering related penalty infringement notices under the Protection of the Environment Operations Act 1997. There were 4 issued in the previous reporting period.

· Issued 1 court attendance notice and finalised 2 Environmental Planning and Assessment Act 1979 court elected penalty notices in the Local Court for development without consent. A fine of $1,000 was imposed. Whilst this was the same number as the previous reporting period, fines and costs were significantly less.

· successfully finalised 2 Land and Environment Court matters (relating to appeals from Orders issued). This was less than the 4 in the previous reporting period

· other court matters completed during the reporting period were:

o Expose article in/on/over road/let article be exposed at road without approval – withdrawn due to outcome being negotiated with offender;

o Deposit litter (excluding cigarette) and from v vehicle - fined $300;

o Transport waste to unlawful waste facility - fined $4,000, clean-up costs of $963 and Council costs of $1,500 awarded;

o Fail to comply with Roads Act Direction – withdrawn due to outcome being negotiated with offender;

o Fail to comply with Roads Act Direction - fined $200 and ordered to pay $600 in costs;

o Delay/Obstruct an investigation officer in exercise of powers x 2 - fined $2,000 and awarded costs of $500; and

o Delay/Obstruct an investigation officer in exercise of powers x 4 - withdrawn due to outcome being negotiated with offender.

The team continued to investigate the use of properties with consent conditions which prohibit the use of a property as short-term-rental accommodation (“STRA”) (resolutions 23-056 Minutes of Ordinary (Planning) Meeting - Thursday, 9 March 2023 (infocouncil.biz) and 23-500 Minutes of Ordinary Meeting - Thursday, 26 October 2023 (infocouncil.biz)) and respond to CRMs relating to STRA use of a property. In the reporting period, 40 complaints were received.

Under the NSW Government rules for short-term rental accommodation (“STRA”), Councils have a limited role, as most houses/apartments are legally able to operate for STRA without specific approval for the accommodation use. owever, Council can respond to breaches of the Code regarding failure to register a premises on the premises register and use of a premises for a period exceeding the days permitted; in addition to compliance issues that have historically fallen within the jurisdiction of Council including (but not limited to) fire safety, noise, parking, dog issues, neighbourhood amenity issues and other breaches of the State Environmental Planning Policies.

Changes for non-hosted STRA were endorsed by the NSW Government in September 2023. There will be a 12-month transition period for the community and industry to prepare. New day caps for unhosted STRA will take effect on 23 September 2024. During the transition period, staff will be developing a Monitoring and Compliance Strategy specific to the new day caps for non-hosted STRA in Byron to be implemented after 23 September 2024. Staff time and resourcing to STRA in Byron Shire is currently funded by the current enforcement program budget of the Operational Plan. This may change the result of the Monitoring and Compliance Strategy development. Funding to support local community benefits and also enforcement is addressed in IPC Advice Report on Byron Shire STRA recommendations 8 and 9.

A separate report relating to enforcement of STRA development conditions is included in this agenda.

The illegal dumping team and the enforcement team continued to manage responses to illegal dumping incidents in partnership. The Resource Recovery Department remain primarily responsible for Council’s response to illegal dumping incidents, including asbestos. This includes education and awareness, prevention, infrastructure and evaluation activities. The enforcement team undertakes all necessary enforcement activities, where enough evidence is available and enforcement measures are deemed necessary by the Waste Education & Compliance Officer in the Resource Recovery Department.

In the reporting period, 172 noise complaints were received and responded to, a slight reduction from 176 in the previous reporting period.

Officers continued to attend to reports of unauthorised events in conjunction with local Police, where necessary. This included one significant unauthorised event during the Christmas period and one significant unauthorised ‘doof’ party. The team also continued to work closely with local police, Manager Corporate Services and Infrastructure Services to maintain no-alcohol signage in hot spot areas and/or during events.

In the reporting period, Council impounded 150 unauthorised banners and signs (07-550, 06-204). This was a significant increase from 43 in the previous reporting period. During the period, the Community Enforcement Team sent advisory correspondence to owners of signage (including real estate signage, A-frame signage and event signage) as well as businesses with footpath dining and goods/chattels. This correspondence outlined an amendment to the Byron Shire Development Control Plan 2014 relating to signage. It gave business owners a period of time to comply with the amendment. A formalised process for event signage was implemented in conjunction with Council’s Events Team. The Enforcement Team completed an audit of signage, footpath dining and goods/chattels licences. These processes resulted in licences being renewed, unauthorised business signage being removed and 2 penalty infringement notices being issued.

Staff also completed the following routine matters:

(a) Seasonal public health issues and community preparedness including issuing a minimum of two media releases.

(b) Tourist and visitor accommodation swimming pool safety, including legislative requirements.

(d) Food Safety Inspections.

(e) Awareness of current public health requirements.

During the reporting period 87 swimming pools were inspected (113 in the previous reporting period). 39 were satisfactory and 48 were unsatisfactory, requiring reinspection. This included 66 dwellings with 4 in the category of short-term-rental-accommodation, 5 tourist facilities and 11 multi-dwelling properties. In the period, 39 swimming pool compliance certificates were issued and 22 non-compliant swimming pool certificates.

In the reporting period, 310 inspections of fixed food premises, 120 inspections of temporary food premises and 106 inspections of mobile food premises were conducted. This was similar to the previous reporting period.

Council issued 12 penalty infringement notices under the Food Act with a total value of $8,360. This was a significant increase from 2 penalty infringement notices with a total value of $1,760 in the previous reporting period.

Overall achievements 2023

· The Environmental Health Team achieved 100% on the NSW Food Authority food surveillance program (for food safety inspections of all high risk and medium risk food premises within the Shire). Additionally, the team inspected 100% of low risk, temporary and mobile food premises.

· The Public Space Liaison Officers continued a strong presence in the Byron Shire community and within Council. They continue to receive positive feedback through engagement with several local services including Fletcher Street Cottage, Homeless Health Outreach Team, Orange Sky, Social Futures, Mullumbimby District Neighbourhood Centre and Bruns Brekkie. The Officers continue to build rapport with service users through their ongoing presence in community.

· There was a continued focus on carrying out well planned targeted operations in relation to unauthorised camping, littering, alcohol free zones, parking enforcement, unauthorised activities and development. This included continued inter-agency working groups in relation to Seven Mile Beach and Brunswick Heads; as well as joint-division projects in relation to illegal dumping and alcohol-free zones. The officers also undertook joint inspections with Local Police, Liquor Licencing and NSW Public Health.

· In February 2023, the Public Space Liaison Officers, with the support of Enforcement Officers, participated in Department of Communities and Justice’s Street count.

· The Environmental Health Officers continued expanded monitoring and reporting of recreational water quality.

· The team finalised a review and updated all notices, orders, directions and templates relating to the Local Government Act 1993, Environmental Planning & Assessment Act 1979, Protection of the Environment Operations Act 1997 and the Roads Act 1993.

· The Environmental Health Officers continued their working relationship with NSW Public Health and a number of services that were previously not undertaken by Council; including inspections of: public swimming pools, skin penetration businesses, cooling towers and UPSS in addition to increased surveillance for the JEV programme (mosquito trapping).

· The management of a signage and regulatory infrastructure process between Infrastructure Services and the Enforcement Team continued.

· The team continued to progress an all-in-one Standard Operating Procedures manual.

· The Environmental Health Officers continued their working relationship with NSW Food Authority relating to alleged foodborne illness outbreaks and free online food safety training.

· The Parking Team continued to prioritise the safety of local schools by attending and addressing compliance issues for school zones throughout the Shire.

· The Environmental Health Team undertook a review of premises requiring notifications to Council under the Public Health Act which will result in improved health safety in the Shire, as well as increased revenue for Council.

· The Parking Team continued educating the community and improving parking compliance via the use of several information brochures and providing information in hot spots and/or changing locations.

· The Animal Enforcement Officers undertook regular compliance inspections of all menacing/dangerous dogs (and relevant enclosures) within the Shire to ensure legislative requirements being observed.

· Ongoing coordination between the Enforcement Team and the Events Team ensured that the highest and best use of enforcement resources supported returning events within the Shire.

· The Environmental Health Team and the Community Enforcement Team worked collaboratively on a number of development investigations.

· The team furthered the implementation of the ‘Dogs in Public Spaces Strategy’ and the “Guide to Dogs in the Byron Shire’ including the additional of one further dog prohibited area and one further dog exercise area.

· PES Administrative staff completed the PETREGISTRY pound survey.

· The Animal Education & Enforcement Officer concluded the Shire wide audit of dog signs, finalised preparation of various community education packages, presented a number of community education days, identified organisations to support education events, progressed the upcoming community education day and increased support of enforcement activities.

· The team continued its participation in the RSPCA’s ‘Keeping Cats Safe at Home’ project by hosting a children’s drawing competition, arranging incentives for responsible cat owners (via local veterinary practices and cat rehoming organisations) and organised free desexing, microchipping and registration of cats for owners with financial hardship.

· Staff attended various training sessions to develop skills and competencies within the team. The team also strengthened collaboration with neighbouring Councils and other government agencies.

· The team finalised reviews of Management of Contaminated Land Policy, On-site Sewage Management Systems in Reticulated Areas Policy, On-site Sewage Management Systems Strategy and Guidelines, Busking Policy and Companion Animals Exercise Areas Policy.

· The team continued the ongoing review of short-term-rental-accommodation register, complaints and responses.

· Officers significantly increased proactive companion animal patrols within dog exercise areas, dog prohibited areas and dog on lead compliance within public spaces, coupled with an increased enforcement approach. This was supported by a varied roster approach to start and finish times.

· The Parking Enforcement Team amended its rostering to cover earlier and later shifts along with an ability to deploy from areas other than Council offices.

· The Community Enforcement Team extended its rostering to later evening shifts, in addition to early morning shifts.

· The PES Administrative staff provided high quality and efficient support for the overall team. Despite the increase in enforcement staff, expansion of projects and number of complaints that needed to be registered, reallocated and managed; the administrative staff continued to provide a high standard of ongoing support.

Other key observations

· Officers and administrative staff are still managing appropriate responses to several recurrent complainants who provide unsubstantiated and repeated complaints on a variety of lower priority matters, or issues outside of Council’s control, which continues to greatly impact resources. For example, one person logged 20 CRMs over the Christmas period relating to one issue.

· Significant staff resources are being utilised to respond to complaints about Private Certifying Authorities (“PCA”) with little outcome for complainants. In the reporting period, Council received 62 complaints relating to works being overseen by a PCA. Whilst Council does do its best to assist the community, it has no lawful jurisdiction over a PCA or the works they oversee until such time that certificates or approvals are issued by a PCA that do not comply with Council or legislative requirements. The State Government introduced changes to the building laws in 1998 which allowed owners/developers to appoint private certifiers as the PCA to oversee building work in place of Local Councils. The PCA is responsible for ensuring that the works are being carried out in accordance with the approved plans, specifications and conditions of the development consent and assumes the role of Council. The PCA is also responsible for issuing certification regarding critical stage inspections and occupation certificates at the end of the build. In instances where Council is not the PCA, the PCA is given the duty/opportunity to conduct the initial investigation and serve notice should non-compliance occur. Under the present legislation, the PCA substantially takes the role of Council, this includes initial investigation and complaints. Registered Certifiers are public officials and independent regulators of building construction and subdivision work. They are registered and regulated by NSW Fair Trading. Should the PCA fail to address concerns, then the Department of Fair Trading (not Council) deals with the conduct of Certifiers. The practical outcome is that many residents make legitimate complaints which Council are unable to proactively assist them with. It is recommended that Council writes to the NSW Building Commissioner advising of its concerns with private certification seeing a review of the regulation of Private Certifying Authorities in NSW.

· The team maintains a close relationship with neighbouring Councils, local Police, NPWS, Crown Lands, Reflections Holiday Parks, NSW Public Health, Marine Parks, Department of Fisheries, Liquor Licencing and Local Land Services to provide cross-agency responses to various issues. The team regularly hosts meetings with neighbouring Councils and explores joint training opportunities to reduce costs. The agencies are also investigating changes to cross-agency infrastructure and signage to assist in proactively managing hot spots.

2024 Environment and Safety Priorities Program

It is recommended that Council adopt the following draft 2024 Environment and Safety Priorities Program:

Council’s Public & Environmental Services prioritises its response to all matters in accordance with the following categories:

Council’s Public & Environmental Services prioritises proactive and visible companion animal, parking and unauthorised camping compliance.

It then prioritises its response to all other matters in accordance with the following categories:

2. Other activities which require a routine response during strategic/regular duties.

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	2.2: Enhance safety and contribute to the physical, mental, and spiritual health and well being of our people	2.2.2: Public health - Protect, promote and control risks to public health	2.2.2.1		Deliver environmental and public health education programs to the community
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.2: Enhance safety and contribute to the physical, mental, and spiritual health and well being of our people	2.2.2: Public health - Protect, promote and control risks to public health	2.2.2.2		Provide 'I'm Alert' online food education training
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.2: Enhance safety and contribute to the physical, mental, and spiritual health and well being of our people	2.2.2: Public health - Protect, promote and control risks to public health	2.2.2.3		Participate in Beach Watch program from December to April
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.2: Enhance safety and contribute to the physical, mental, and spiritual health and well being of our people	2.2.2: Public health - Protect, promote and control risks to public health	2.2.2.4		Monitor, investigate and respond to public and environmental health matters through proactive inspections and surveillance programs
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.2: Enhance safety and contribute to the physical, mental, and spiritual health and well being of our people	2.2.2: Public health - Protect, promote and control risks to public health	2.2.2.5		Assist local Public Health Unit in mosquito trapping (JEV surveillance)
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.2: Enhance safety and contribute to the physical, mental, and spiritual health and well being of our people	2.2.2: Public health - Protect, promote and control risks to public health	2.2.2.6		Deliver the Food Premises inspection program
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.2: Enhance safety and contribute to the physical, mental, and spiritual health and well being of our people	2.2.3: Regulatory controls and compliance - Enhance public safety, health and liveability through the use of Council's regulatory controls and services	2.2.3.1		Undertake proactive camping patrols of streets and public places throughout the Shire
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.2: Enhance safety and contribute to the physical, mental, and spiritual health and well being of our people	2.2.3: Regulatory controls and compliance - Enhance public safety, health and liveability through the use of Council's regulatory controls and services	2.2.3.2		Respond to and investigate complaints against building standards
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.2: Enhance safety and contribute to the physical, mental, and spiritual health and well being of our people	2.2.3: Regulatory controls and compliance - Enhance public safety, health and liveability through the use of Council's regulatory controls and services	2.2.3.3		Conduct Swimming Pool fence inspections in accordance with relevant legislation
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.2: Enhance safety and contribute to the physical, mental, and spiritual health and well being of our people	2.2.3: Regulatory controls and compliance - Enhance public safety, health and liveability through the use of Council's regulatory controls and services	2.2.3.4		Conduct Fire Safety inspections in accordance with relevant legislation
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.2: Enhance safety and contribute to the physical, mental, and spiritual health and well being of our people	2.2.4: Companion animals - Promote awareness of the requirements of the Companion Animals Act with respect to the ownership of companion animals	2.2.4.1		Undertake proactive patrols of community parks and open spaces to monitor safe use by dogs and their owners
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.2: Enhance safety and contribute to the physical, mental, and spiritual health and well being of our people	2.2.4: Companion animals - Promote awareness of the requirements of the Companion Animals Act with respect to the ownership of companion animals	2.2.4.2		Provide companion animal management services
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.2: Enhance safety and contribute to the physical, mental, and spiritual health and well being of our people	2.2.4: Companion animals - Promote awareness of the requirements of the Companion Animals Act with respect to the ownership of companion animals	2.2.4.3		Facilitate companion animals education
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.2: Enhance safety and contribute to the physical, mental, and spiritual health and well being of our people	2.2.4: Companion animals - Promote awareness of the requirements of the Companion Animals Act with respect to the ownership of companion animals	2.2.4.4		Develop Dogs in Public Space Strategy
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.5: Create social impact and initiatives that address disadvantage	2.5.3: Rough sleepers - Work in partnership to reduce and end rough sleeping through community action	2.5.3.1		Respond to people experiencing homelessness and rough sleepers through engagement and referrals to appropriate support and housing services
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.5: Create social impact and initiatives that address disadvantage	2.5.3: Rough sleepers - Work in partnership to reduce and end rough sleeping through community action	2.5.3.2		Partner with Byron Community Centre to deliver Fletcher Street Cottage (homelessness hub)
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.5: Create social impact and initiatives that address disadvantage	2.5.3: Rough sleepers - Work in partnership to reduce and end rough sleeping through community action	2.5.3.3		Coordinate the Ending Rough Sleeping Byron Shire Collaboration
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.5: Create social impact and initiatives that address disadvantage	2.5.3: Rough sleepers - Work in partnership to reduce and end rough sleeping through community action	2.5.3.4		Facilitate cross-directorate working group on homelessness to strengthen internal collaboration, knowledge exchange, advocacy, and planning
3: Nurtured Environment We nurture and enhance the natural environment	3.2: Deliver initiatives and education programs to encourage protection of our environment	3.2.1: Compliance - Encourage compliance with environmental planning regulations	3.2.1.1		Monitor, investigate and respond to unauthorised land use, development and environment complaints
5: Connected Infrastructure We have connected infrastructure, transport, and facilities that are safe, accessible, and reliable	5.2: Connect the Shire through integrated transport services	5.2.4: Parking - Manage parking through effective controls that support Movement and Place Plans and are coordinated with other initiatives such as park and ride	5.2.4.1		Undertake regular and frequent parking patrols to increase availability and turnover in the Town and Village centres

Recent Resolutions

· 2006-204

· 2007-550

· 2022-078

· 2022-208

· 2022-232

· 2022-395

· 2023-056

· 2023-193

· 2023-500

Legal/Statutory/Policy Considerations

There are a number of Acts which give local government regulatory powers. They include:

· Local Government Act 1993

· Environmental Planning & Assessment Act 1979

· Protection of the Environment Operations Act 1997

· Companion Animals Act 1998

· Roads Act 1993

· Road Rules 2014

· Road Transport Act 2013

· Public Spaces (Unattended Property) Act 2021

· Food Act 2003

· Public Health Act 2010

· Swimming Pools Act 1992

· Byron Shire Development Control Plan 2014

Compliance action is considered and determined through Council’s adopted Enforcement Policy 2020 and the NSW Ombudsman Enforcement Guidelines for Councils.

Financial Considerations

The priorities program is managed within the existing operational budget allocation.

Consultation and Engagement

Not relevant to this report.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.11

Report No. 13.11 Next Place Plan - Scope, Program and Budget

Directorate: Sustainable Environment and Economy

Report Author: Stephanie McMurray, Place Liaison Officer

File No: I2023/207

Summary:

In December 2022, Council resolved that Ocean Shores would be the next priority location for a Place Plan (RES 22-684). This resolution requested a further report to Council providing a detailed Place Plan project scope, methodology and budget. Council also noted that given current budget constraints, a Place Plan for the first priority location, Ocean Shores, should be considered in the 2024/25 financial year.

This report addresses this resolution 22-684.

The proposed program is an efficient 12-month process. Broad public consultation and targeted stakeholder workshops are proposed in the Council-led process. The detailed scope, methodology and budget are included in the scope document at Attachment 1 (E2024/4242).

It is proposed to expand the scope to include New Brighton and South Golden Beach alongside Ocean Shores to create a North Byron Coastal Communities Place Plan. A map of the proposed area is included in the report.

These three communities are closely linked and share a lot of the same services, public amenities and spaces. By combining these three places into a single Place Plan, budget and resource efficiencies are achieved. Together with the proposed 12-month project program this will allow for community and Council to reach an agreed list of priority projects as quickly as possible for these locations.

Staff have had preliminary discussions with some key community representatives from Ocean Shores, New Brighton and South Golden Beach, regarding the potential to include all three communities under one Place Plan. The representatives supported this approach.

Key to this support was a recognition that although this Place Plan will include three communities, each village has its own distinct vision, character and priorities. The Place Plan will draw these out for each community while also addressing themes and projects that benefit the whole area.

The Place Plan will:

· Describe a 20-year vision and supporting overarching principles for each of the North Byron Coastal Communities.

· Consider background information and analysis completed to date including site history, trends and community feedback.

· Address place-making issues that are already identified and any additional issues identified during the process.

· Identify a set of clear, concise and implementable priority projects to address these issues and contribute to the future vision of the communities.

· Consider governance, implementation and funding of proposed projects, aligning with the Council’s Community Strategic Plan, Delivery Plan and Operational Plan.

· Aim to be adopted by Council as one of Byron Shire’s Place Planning Strategies.

The key information to note about this Place Plan and the proposed approach is:

· The approach proposes to include New Brighton and South Golden Beach alongside Ocean Shores to create a North Byron Coastal Communities Place Plan.

· This Place Plan will be a council-led document, engaging community at IAP2 Collaborate level. This means that Council’s Place Planning team will be responsible for delivering the Plan, with multiple points of engagement and consultation with community and key stakeholders through-out the process.

· This Place Plan approach draws on the experience and lessons learned through the delivery of the four existing Place Plans of Mullumbimby, Bangalow, Byron Arts and Industry Estate and Federal.

· The proposed approach aims to deliver the North Byron Coastal Communities Place Plan in approximately 12 months, reporting a final Place Plan to Council in June 2025.

· The total budget required to enable the development and delivery of this Place Plan is $59,800.

RECOMMENDATION:

That Council:

1. Supports expanding the location scope for the next Place Plan to include New Brighton and South Golden Beach in addition to Ocean Shores (as defined in this report).

2. Endorses the proposed scope and project plan for the North Byron Coastal Communities Place Plan (as per Attachment 1, E2024/7310).

3. Considers the inclusion of $59,800 in the draft 2024-2025 Budget for the North Byron Coastal Communities Place Plan.

Attachments:

1 North Byron Coastal Communities Place Plan - Scope and Program - Council Meeting Feb 2024, E2024/7310

Report

What is a Place Plan

The Place Plan will include for each location a 20 year vision, set of principles, and priority actions. The actions may be related to themes such as:

· place making (for example streetscape upgrades)

· transport and accessibility (for all modes such as pedestrians, cyclists, buses)

· development planning controls, land use and built form

· sustainability, resilience and environment

· business and economy

· community development (such as events, arts and culture)

· parks and open spaces.

They are usually developed collaboratively between community members and Council staff, sometimes with the involvement of a consultant.

Examples of current Place Plans and their various formats can be found here Place planning - Byron Shire Council (nsw.gov.au)

In December 2022, Council resolved that Ocean Shores would be the next priority location for a Place Plan (RES 22-684).

This scope document and project plan proposes to include New Brighton and South Golden Beach alongside Ocean Shores to create a North Byron Coastal Communities Place Plan.

These three communities are closely linked and share a lot of the same services, public amenities and spaces. They also each have their own unique character, history, key features and issues which this Place Plan aims to address.

A scope document that details the proposed approach, project plan and budget is attached at Attachment 1 (E2024/4242). A high-level overview is provided following. Note that this timeline is subject to being able to consult all stakeholders in the timeframes identified.

The Place Planning Approach

This Place Plan will be a Council led document developed with an IAP2 ‘Collaborate’ approach with community.

IAP2 ‘Collaborate’ is described as: Partnering with the public in each aspect of the decision, including the development of alternatives and the identification of the preferred solution.

In this level of engagement, Council will look to the community for advice and innovation in formulating solutions and incorporate the advice and recommendations to the maximum extent possible (ref: IAP2 public participation spectrum).

This approach for the North Byron Coastal Communities Place Plan has been informed by the lessons and feedback gathered from staff and community involved in the development of Place Plans for Mullumbimby, Bangalow, Byron Arts and Industry Estate and most recently, Federal.

The scope document in Attachment 1 explains the proposed approach in detail, which will be carried out over approximately 12 months, working with the community through a series of engagement opportunities (both in-person and online) and facilitating three key stakeholder workshops to develop the Place Plan.

This Plan will align with existing Council strategic and plans such as the Pedestrian Access and Mobility Plan (PAMP) and reference relevant engagement and consultation done to date, such as the After the Floods: Settlement Discussion Paper.

Figure: Proposed scope area

Key issues

Location Scope

This approach for the next Place Plan proposes the inclusion of New Brighton and South Golden Beach within the scope of this project. Some community representatives have expressed concern that issues specific to their smaller communities may be overlooked if all communities are included in one plan.

To address this, the project plan and methodology includes extensive community consultation, and planned events and opportunities for engagement held in each of the three North Byron coastal communities. The key benefit of combining this Place Plan is to enable implementation of priority actions sooner, and steps can be taken to ensure that the individual visions, history and needs of each place is covered in this Plan.

Limitations of a Place Plan

The Place Plan only identifies and scopes priority projects – it does not initiate, design or undertake a project.

A Place Plan does not supersede any Council technical strategies already in place or in development. It is likely that many of the issues identified through this process will be dealt with through other Council policies or strategies, such as the residential, employment lands and rural land use strategies.

A Place Plan is not a statutory document and as such doesn’t have any legal status.

Next steps

Following Council resolution of this report, the Place Planning team plan to proceed with Stage 1 of the Project Plan which involves:

· An internal kick-off meeting with key staff members

· The development of a Primer Document

· Inviting key Stakeholders to join a meeting, currently proposed for July 2024.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
4: Ethical Growth	4.1: Manage responsible development through effective place and space planning	4.1.3: Town / Village Masterplans - Develop, implement and update Place Plans that promote place-based forward planning strategies and actions	4.1.3.10	Investigate priority needs for future village/town masterplans

Recent Resolutions

· 22-684 – Expressions of Interest for Next Place Plan

· 22-216 – North Byron Shire Masterplan, Notice of Motion

· 21-468 – Expression of Interest Process for next village/town masterplan

Legal/Statutory/Policy Considerations

Place Planning is a process that aims to create a long-term plan or vision for a neighbourhood and/or a community. A Place Plan is a comprehensive plan for a town, village, or suburb. It is not a statutory document and as such doesn’t have any legal status. A Place Plan can be the basis for changes in planning controls like Local Environmental Plans and Development Control Plans. The legal status of Place Plans was clarified in a report to Council on 8 December 2022 which can be found at this link.

Financial Considerations

The total Budget required to enable the development and delivery of this Place Plan is $59,800.

A further breakdown of estimated costs can be found in Attachment 1.

Consultation and Engagement

Engagement has been carried out by the Place Planning team to inform the proposed approach for this Place Plan. Representatives from the following key community groups have been consulted:

· North Byron/Ocean Shores Chamber of Commerce

· New Brighton Village Association

· South Golden Community Association

· Ocean Shores, South Golden Beach and New Brighton Community Resilience Team

As this Place Plan is intended to be developed in collaboration with community, there will be multiple opportunities and methods for community members and other stakeholders to contribute to the Place Plan and provide feedback throughout the process.

The plan for community engagement and consultation for the Place Plan is explained further in Attachment 1.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.12

Report No. 13.12 CMP Stage 2 Study - Byron Shire Coastal Hazard Assessment Study - for Council adoption

Directorate: Sustainable Environment and Economy

Report Author: Chloe Dowsett, Biodiversity and Sustainability Coordinator

File No: I2023/816

Summary:

Council is currently preparing Coastal Management Programs (CMPs) for its coastline in accordance with the State Government NSW Coastal Management Framework.

Council is progressing through Stage 2 preparation of CMPs to fill key information gaps on threats, issues and opportunities in the coastal zone.

The Byron Shire Coastal Hazard Assessment (CHA) Study by Bluecoast Consulting Engineers is a major piece of technical information and significant CMP Stage 2 study.

The Coastal Hazard Assessment (CHA) Study is now complete. The study deliverables comprise:

· CHA Report (Bluecoast, December 2023) in PDF format (for Council adoption).

· Compendium of hazard maps for all hazard extents (as provided in the CHA Report appendices).

· Compendium of GIS files for all hazard extents.

Once adopted, the CHA Report will be provided on Councils’ project webpage for broader community distribution.

This report provides:

· A brief update on the status of development of Coastal Management Programs (CMPs) for the Byron Shire coastline including the expected timeframe for delivery of the Stage 2 technical studies.

· A summary of the CMP Stage 2 technical study ‘Byron Shire Coastal Hazard Assessment (CHA) Study’ by Bluecoast Consulting Engineers (19 December 2023) including:

o Project background, study objectives, study purpose, study area, methodology, study outcomes, review process, consultation undertaken.

o The final CHA Report for Council adoption (Attachment 1; E2024/4012).

· Next steps in the preparation of a Coastal Management Program for the Byron Shire Open Coast.

RECOMMENDATION:

That Council:

1. Adopts the findings of the Coastal Management Program (CMP) Stage 2 technical study ‘Byron Shire Coastal Hazard Assessment Study’ outlined in the report by Bluecoast Consulting Engineers (December 2023) (Attachment 1; E2024/4012).

2. Notes that Stage 2 of the CMP process is not a decision-making stage and management actions will be considered at the next stage (Stage 3) of CMP development.

3. Notes that the above CMP Stage 2 technical report will be provided on Council’s CMP project webpage.

4. Notes that a presentation on the outcomes will be provided to stakeholders in March 2024.

Attachments:

1 FINAL - Byron Shire Coastline - Bluecoast - Coastal Hazard Assessment Study - December 2023, E2024/4012

2 EXEC SUMMARY - Byron Shire Coastal Hazard Assessment Study - December 2023 - by Bluecoast Consulting Engineers, E2024/4018

Report

The Byron Shire Coastal Hazard Assessment (CHA) Study by Bluecoast Consulting Engineers is a major piece of technical information and significant CMP Stage 2 study.

The Coastal Hazard Assessment (CHA) Study is now complete. The study deliverables comprise:

· CHA Report (Bluecoast, December 2023) in PDF format (for Council adoption).

· Compendium of hazard maps for all hazard extents (as provided in the CHA Report appendices).

· Compendium of GIS files for all hazard extents.

Once adopted, the CHA Report will be provided on Councils’ project webpage for broader community distribution.

This report provides:

· A brief update on the status of development of Coastal Management Programs (CMPs) for the Byron Shire coastline including the expected timeframe for delivery of the Stage 2 technical studies.

· A summary of the CMP Stage 2 technical study ‘Byron Shire Coastal Hazard Assessment (CHA) Study’ by Bluecoast Consulting Engineers (19 December 2023) including:

o Project background, study objectives, study purpose, study area, methodology, study outcomes, review process, consultation undertaken.

o The final CHA Report for Council adoption (Attachment 1; E2024/4012).

· Next steps in the preparation of a Coastal Management Program for the Byron Shire Open Coast.

Information/Background:

Council is currently preparing Coastal Management Programs for its coastline in accordance with the State Government NSW Coastal Management Framework.

CMPs set the long-term strategy for coordinated management of the coast with a focus on achieving the objects of the Coastal Management Act 2016. CMPs are prepared by local councils in consultation with their communities and relevant public authorities.

Council is progressing through Stage 2 preparation of Coastal Management Programs (CMPs) for its coastline to fill key information gaps on threats, issues and opportunities in the coastal zone (refer Figure 1).

Figure 1 - CMP Stages

Stage 2 technical studies confirm current knowledge on key issues and concerns and fill information gaps that are critical to the development of management strategies and actions that will occur in the next stage (Stage 3). A significant part of Stage 2 CMP preparation is a detailed technical assessment of coastal hazards for the entire Byron Shire coastline.

The status of Stage 2 studies is shown in the table below.

Stage 2 - Project / Study	Status
Main Beach Shoreline Project	Design investigation and technical assessment complete. Concept options endorsed by Council (Res 23-146). Report provided on the project webpage.
Shire-Wide Coastal Hazard Assessment Study	Reported to Council 22 February 2024 (this report) for adoption. Report to be provided on project webpage.
Shire-Wide Planning Audit - Identify barriers and opportunities for improvement associated with Council’s coastal planning controls and processes.	Final report received. Report to Executive Team proposed February 2024. Expected to be reported to Council March 2024.
Review of the Entrance Opening Strategies for Belongil and Tallow Creek estuaries.	Final report received. Report to Executive Team proposed February 2024. Expected to be reported to Council March 2024.
Byron Shire ICOLL Water Pollution Source Tracking and Pollution Control Programs for the Belongil Creek, Tallow Creek and Ti-Tree Lake catchments.	Reported to Council 28 September 2023. Noted by Council and provided on the CMP webpage (Res 23-441).
Shire-Wide Coastal Wetland and Littoral Rainforest Mapping review	Reported to Council 28 September 2023. Noted by Council and provided on the CMP webpage (Res 23-441).
Shire-Wide study on the Impacts of Recreational Uses and Tourism on Coastal Biodiversity and Habitats	Final report received. Reported to Council 22 February 2024 for noting.

Updates on these studies are being made quarterly to the Coast and ICOLL Advisory Committee.

Pathway forward for CMP development

The forward development of CMPs for Byron Shire is broken down into distinct geographical areas to better reflect the unique coastal values and threats of each area, to allow for more refined/targeted community engagement and stakeholder consultation. Preparation of the 3 CMPs was resolved by Council at the 28 September 2023 (Res 23-441).

· Open Coast (Shire-Wide) – the Byron Shire Coastal Hazard Assessment Study is a key piece of technical information for preparation of this CMP.

· Tallow Creek Estuary.

· Belongil Creek Estuary

A CMP for the Brunswick Estuary will follow as a future priority.

The Byron Shire Coastal Hazard Assessment (CHA) Study

The CHA Study is the third major investigation into coastal processes, sand movements and hazards in the Byron region following the Public Works Department investigation in the 1978, WBM 2000 and the BMT 2013 study. The study builds upon the most recent coastal assessment undertaken in 2013, using:

· new data available from the preceding 10 years (i.e. 2013 to 2023)

· various and new survey sources

· local knowledge

· previous reports and studies

· revised best practice methods

· analysis of photogrammetry data and

· coastal numerical modelling.

Through analysis of up-to-date information some assumptions and remaining uncertainty in the previous hazard assessments are addressed. The CHA Study aims to quantify the coastal processes operating on the Byron Shire coastline and the nature and extent of exposure to coastal hazards and threats to public and private assets (both natural and built).

This CHA Study commenced late 2021 with the expectation that it would be completed within 12 months. The study has been significantly delayed resulting in a major departure from the original timing commitment with the key reasons for delay including:

· data delays and additional work required to incorporate key datasets;

· on-going rework, refining and redoing of elements to ensure fit for purpose;

· unexpected challenges encountered associated with the study area which covers a highly dynamic area in which the techniques applied successfully in other areas have been more difficult than expected; and

· co-ordination with the Main Beach Shoreline Project to ensure consistency.

Study objectives:

Coastal processes and coastal hazards affecting the Byron Shire coastline have been extensively investigated in the past. Coastal hazards are exacerbated in the future associated with the effects of climate change as identified in the Scoping Studies for Northern and Southern Byron Shire Coastlines (BMT, 2020; & Rhelm, 2021). The study aligns with six of the key objects of the Coastal Management Act (2016):

· “to protect and enhance natural coastal processes and coastal environmental values…” and

· “to facilitate ecologically sustainable development in the coastal zone and promote sustainable land use planning decision-making”

· “to mitigate current and future risks from coastal hazards, taking into account the effects of climate change”

· “to encourage and promote plans and strategies to improve the resilience of coastal assets to the impacts of an uncertain climate future including impacts of extreme storm events”

· “to recognise that the local and regional scale effects of coastal processes, and the inherently ambulatory and dynamic nature of the shoreline, may result in the loss of coastal land to the sea…” and

· “to facilitate the identification of land in the coastal zone for acquisition by public or local authorities…”

Study purpose:

The purpose of the CHA Study is to provide:

· An improved understanding of coastal sand movements for the entire Byron Shire coastline.

· A detailed review and update of Byron Shire Council's existing coastal hazard assessment study (completed in 2013) using contemporary data and a probabilistic hazard assessment approach for coastal erosion and recession.

· The scientific basis for understanding the nature and extent of risks to public safety, built assets, coastal land, cultural heritage/features, ecosystem health and recreational amenity from coastal hazards.

· The scientific basis for understanding the factors that contribute to vulnerability from current and future risks.

· The scientific basis to inform a detailed risk assessment that will be used to identify and evaluate management options to address the identified priority issues affecting the Byron Shire coastline.

Study area:

The study area includes:

· The Shire’s open coast consisting of:

o around 25 km of sandy beaches including Seven Mile Beach, Brays Beach, Kings Beach, Broken Head Beach, Tallow Beach, Little Wategos Beach, Wategos Beach, The Pass, Clarkes Beach, Main Beach, Belongil Beach, Tyagarah Beach, New Brighton Beach, South Golden Beach and Wooyung Beach.

o around 6 km of headlands and rocky coastlines including Jews Point, Broken Head and Cape Byron. This coastal section has a series of major controlling headlands, being Cape Byron the most prominent one.

· Three coastal lagoons and creeks being Ti-Tree Lake (also known as Taylors Lake), Tallow Creek and Belongil Creek as well as the Brunswick River estuary.

Methodology:

Council engaged Bluecoast Consulting Engineers Pty Ltd to undertake the project. The study presents the methodology and outcomes for the definition of coastal hazards affecting the Byron Shire coastline using a risk-based approach based on multiple lines of evidence driven by data, providing for variability and uncertainty taking into account:

· climate variability

· local sediment transport processes such as headland by-passing

· hazard risk occurring now and as projected into the future (immediate, 20, 50 and 100-years) under projected sea level rise scenarios.

Components of the study comprise:

· Review of background information, studies, data and reports.

· Description of coastal morphology and local setting:

o regional distribution of sediment deposits, bedrock highs and other key geological features

o geomorphic structure and morphology

o wave and wind climate

o tides and other water level variations

o sea level rise

o regional current and rainfall

o climate variability and projection.

· Development of a quantified conceptual Byron Shire coastal sediment/sand budget and sand movement model and outcomes of a quantitative analysis of the movement and distribution of sediment within the coastal region.

· Assessment of coastal erosion and recession using probabilistic Monte Carlo analysis incorporating:

o beach erosion due to storm events, long-term shoreline trends due to sand budget imbalances, shorter-term variability in the sand budget (e.g., headland bypassing effects), cross embayment transport, losses to offshore sand lobe, onshore sand supply from the lower shoreface as well as beach and estuary response to sea level rise.

o erosion limiting/reducing/enhancing factors such as bedrock outcrops/reefs, coffee rock, coastal protection structures and associated downdrift shoreline impacts.

· Outputs of the erosion and recession analysis with mapping showing 1%, 2%, 5% and 10% Annual Exceedance Probability of the erosion hazard and landward extent of the erosion escarpment position (ZRFC) based on five adopted planning periods (immediate, 20, 30, 50 and 100 years).

· High level geotechnical assessment of coastal cliffs and geotechnical hazards of the coastal cliffs within Byron Shire.

· Assessment of coastal inundation limited to the storm-related flooding by seawater due to elevated ocean water levels (storm surge) and wave processes.

· Assessment of tidal inundation in estuaries using hydrodynamic modelling to determine ‘blue sky’ flooding (i.e. tidal inundation in absence of rainfall).

· Assessment of coastal entrance instability which looks at entrance morphology and channel meandering of coastal creek/ICOLLs.

· Assessment of the erosion and inundation of foreshores caused by tidal waters and the action of waves.

· Stakeholder engagement including regular updates to the Coast and ICOLL Advisory Committee; Councillor workshops; presentation to stakeholders on project outcomes.

Key outcomes:

The CHA Study is now complete with the CHA Report (Bluecoast, December 2023 – revision 4) provided in Attachment 1. The CHA Report provides a summary of the comprehensive study and details the key outcomes of the assessment of specific coastal hazards operating on the Byron Shire coastline. Results of the study components and associated mapping of the specific coastal hazards are provided in the report. Outcomes with respect to the results and implications for public and private assets affected by hazards are provided along with any recommendations for consideration of hazards in the further stages of CMP preparation.

Key outcomes from the coastal hazard assessments are outlined in the Executive Summary (Attachment 2) and have not been reproduced here.

The outcomes of the CHA Report will be used to undertake a detailed risk assessment of coastal hazards affecting the Byron Shire’s coastline to identify and evaluate management options and support decision-making in Stages 3 and 4 of CMP preparation.

As stated in the CHA Report, the approaches adopted within the study are reasonable and valid for assessing the Byron Shire’s coastal hazards and underlying coastal processes. However, it is important that Council and decision-makers recognise the assumptions underlining the assessments as well as the inherent uncertainties. The key assumptions and uncertainties for each of the hazard assessments are outlined in the relevant sections of the report.

Review of the CHA Report:

Review of the CHA Report comprised:

· Reviews of draft CHA Report by Project Team (Council and DPE staff).

· Detailed review of draft CHA Report by:

o Council staff

o DPE staff from:

§ Water, Floodplains and Coast – North East Region; Biodiversity Conservation & Science Division.

§ Marine, Coastal, Estuaries and Flood; Biodiversity Conservation & Science Division.

§ Water, Wetlands and Coastal Science; Science Economics & Insights.

· Detailed review of the draft CHA Report chapters relating to coastal erosion and recession probabilistic hazard assessment and definition by coastal geomorphologist and modelling academic, Dr Mike Kinsela from the University of Newcastle relating to:

§ modelling approach

§ model parameter settings

§ model input parameters (probability density functions)

§ model responses

§ key reasoning and outcomes of the assessment

§ substantiation of arguments on which interpretations are based.

· Consideration, discussion and prioritisation of review comments on the draft CHA Report.

· Revision of the draft CHA Report as based on agreed amendments.

· Incorporation of additional analysis of satellite derived bathymetry data into the CHA Report (as requested by DPE).

· Final review of the CHA Report by the Project Team.

· Bluecoast finalisation of the CHA Report.

Next steps

· Adoption of the CHA Report outcomes and findings by Council at the 22 February 2024 meeting (this report).

· Ongoing implementation of the Community Engagement Plan for the project:

o Update project webpage and information.

o Prepare fact sheets and other engagement material on the study for the project webpage.

o Place report on website for ‘information only’.

o Presentation to stakeholders on the outcomes of the CHA (proposed for March 2024).

· Engage consultant for commencement of further stages of CMP preparation (stages 3 &4).

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
3: Nurtured Environment	3.3: Protect the health of coastline, estuaries, waterways, and catchments	3.3.1: Coastal Management Program planning and implementation - Undertake Coastal Management Program planning and implementation	3.3.1.8	Identify and evaluate management options and opportunities for addressing threats to the Byron Shire coastal zone and prepare Costal Management Programs

Recent Resolutions

23-285

23-441

23-156

Legal/Statutory/Policy Considerations

The NSW Coastal Management Framework in NSW comprises the following elements:

· the Coastal Management Act 2016

· the State Environmental Planning Policy (Resilience and Hazards) 2021 (CM SEPP)

· the NSW Coastal Management Manual (OEH, 2018).

Council is presently preparing a Coastal Management Programs (CMP) for the Byron Shire coastline. The purpose of the CMP will be to set the long-term strategy for the management of the coastal zone, addressing priority open coast management issues and actions to address the issues, with a focus on achieving the objectives of the CM Act.

The technical study summarised herein has been undertaken within Stage 2 of CMP preparation having been guided by the forward plans of the Stage 1 Scoping studies previously adopted by Council. The study aligns with six of the key objects of the Coastal Management Act (2016):

· “to protect and enhance natural coastal processes and coastal environmental values…” and

· “to facilitate ecologically sustainable development in the coastal zone and promote sustainable land use planning decision-making”

· “to mitigate current and future risks from coastal hazards, taking into account the effects of climate change”

· “to encourage and promote plans and strategies to improve the resilience of coastal assets to the impacts of an uncertain climate future including impacts of extreme storm events”

· “to facilitate the identification of land in the coastal zone for acquisition by public or local authorities…”

The outcomes of the investigation will inform the evaluation and selection of management options and strategies in Stage 3 of the CMP development.

Financial Considerations

The project is complete, and no further budget is required.

The estimated budget to complete Stages 3 and 4 for all three CMPs is $240K ex GST (an estimated $80K committed from Council matched 2:1 by DPE). A budget of $240,000 has been allocated to 2605.197 ‘CMP Byron Shire Coastal Zone Stages 3 & 4’ with expected grant income of $160,000 allocated to 1501.117.

At this stage, the estimated costs to prepare the CMPs are:

· Open Coast (Shire-Wide) – $120,000

· Tallow Creek Estuary - $60,00

· Belongil Creek Estuary - $60,00

Consultation and Engagement

As per the Coastal Management Manual (OEH, 2018) that forms part of the NSW State Government’s Coastal Management Framework and sets out how to develop a CMP, the intended outcome of engagement in Stage 2 is to explain (“Inform”) the findings of Stage 2 studies, i.e. to “close the loop” following significant community and stakeholder consultation undertaken in Stage 1. Community and stakeholders will have opportunity in the future to participate in identification and evaluation of management options at Stage 3.

A Stakeholder and Community Engagement Plan has been prepared for the project. Key consultation activities are outlined below.

Who was consulted?	How did consultation occur? e.g. email, verbal etc	Comments/Feedback
Department of Planning and Environment: - DPE Senior Coast and Estuary Officer and other relevant staff	Email and phone call discussions/meetings	DPE as the project funder have provided regular technical input into the methodology and outcomes of the study and review of the outcomes/report. Regular project catch-ups with the DPE regional officer have occurred throughout project delivery.
Bluecoast Consulting Engineers	Via email and regular phone call discussions	Regular project catch-ups with the consultant have occurred throughout project delivery. Consideration of comments and feedback provided by Council, DPE and external technical reviewer.
Councillors and Management/Directors	Workshop with Councillors on 1 June 2023	Presentation provided by Bluecoast and Council PM on the project, delivery and outcomes.
Council’s Executive Team	Reports provided to ET meetings	Regular reporting to ET by project manager.
Peer Reviewer	Peer Review (technical) of the draft CHA	Peer review by an expert coastal practitioner of the draft CHA. Comments considered by Bluecoast in finalisation of CHA study and report.
Council’s Coast and ICOLL Advisory Committee	Via Committee meetings.	Regular updates on the project delivery provided quarterly via a report to the Committee. A Short Summary and Overview of the CHA report (Fact Sheet) provided to the Committee as per request from the meeting on 16 May 2023. The summary outlines the key content and objectives of the CHA Study for their information only.
Key Stakeholders	Stakeholder Presentation	A presentation on the outcomes of the study is proposed for Key Stakeholders once the final CHA report has been adopted by Council.
Broader Community	Council’s project Webpage	A project webpage has been prepared which will be updated once the CHA Report is adopted by Council. The webpage will provide information regarding the study and access to the CHA Study report along with: · Executive Summary Fact Sheet · Fact Sheet on the Basics of Coastal Hazards A short video or graphic design images and/or other engagement materials will be considered for information dissemination on the study and outcomes. Broader consultation activities will be undertaken in Stage 3 and 4 of CMP preparation where numerous opportunities for engagement will be provided to the community.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.14

Report No. 13.14 PLANNING - 26.2023.5.1 Planning Proposal for 68 Rankin Drive, Bangalow - Rezone land for Housing and to activate the dedication of land to Council for Affordable Housing under the Byron Shire Affordable Housing Contribution Scheme

Directorate: Sustainable Environment and Economy

Report Author: Kristie Hughes, Natural Disaster Policy Planner

Alex Caras, Land Use Plannning Coordinator

File No: I2024/67

Summary:

The purpose of this report is to present to Council an owner-initiated Planning Proposal (Attachment 1) for land known as 68 Rankin Drive, Bangalow, described as Lot 261 DP1262316 and Lot 11 DP807867.

The objective of the Planning Proposal is to amend the Byron LEP 2014 to extend the existing R2 Low Density Residential Zone on the above lots and rezone the eastern portion of the land to R3 Medium Density Residential.

Once rezoned, the future subdivision of the land will provide for larger lots on the steeper western area of the site, along with medium density lots on the flatter eastern area. One of the medium density lots, having an area of 5,645m² of developable land, is intended to be dedicated to Council for affordable housing through Council’s Affordable Housing Contributions Scheme (AHCS). This is the first Planning Proposal to activate the Scheme.

It is recommended that the Planning Proposal be forwarded to the Department of Planning, Housing and Infrastructure for a Gateway Determination, subject to recommended updates.

NOTE TO COUNCILLORS:

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters. Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.

RECOMMENDATION:

That Council:

1. Notes that the planning proposal in Attachment 1 is the first to activate the Byron Shire Affordable Housing Contribution Scheme, therefore once finalised will:

a) be the first inclusion of land in the Affordable Housing Contribution Scheme – LEP 2014 Map; and

b) result in the dedication of land to Council for affordable housing as part of any future subdivision approval of the land.

2. Proceeds with the planning proposal (Attachment 1) which seeks to:

a) amend the Byron LEP 2014 to rezone Lot 261 DP1262316 & Lot 11 DP807867 in Bangalow to extend the existing R2 Low Density Residential Zone and include an R3 Medium Density Residential Zone.

3. Forwards the planning proposal to the Department of Planning, Housing and Infrastructure for a Gateway Determination after making the following updates:

a) inclusion of Floor Space Ratio map applying the following planning controls to the subject land:

Proposed Zone	Floor Space Ratio Map
R2 Low Density Residential	0.5:1 (consistent with steeper sloping land in surrounding R2 zone)
R3 Medium Density Residential	No FSR to apply (to allow greater flexibility for housing diversity/densities)

b) inclusion of Affordable Housing Contribution Scheme Map identifying the subject land as an “Affordable housing contribution area”.

4. Pending a positive Gateway determination, undertakes public exhibition of the planning proposal in accordance with the determination requirements; and

5. Considers a submissions report post-exhibition that includes any recommended changes to the planning proposal for final adoption.

Attachments:

1 26.2023.5.1 Planning Proposal (Nov 2023) - 68 Rankin Drive BANGALOW_PP-2023-1376 - gateway version, E2023/134194

2 26.2023.5.1 Bushfire Report (Rezoning) PP-2023-1376, E2023/68415

3 26.2023.5.1 Engineering Services Report (July 2023) PP-2023-1376, E2023/68419

4 26.2023.5.1 Geotech Report_PP-2023-1376, E2024/9912

5 26.2023.5.1 Contamination Preliminary Site Investigation PP-2023-1376, E2024/9913

6 26.2023.5.1 LUCRA Assessment PP-2023-1376, E2024/9914

7 26.2023.5.1 Noise Impact Assessment_PP-2023-1376

8 26.2023.5.1 Traffic Impact Statement_PP-2023-1376, E2024/9916

9 26.2023.5.1 Updated Flood maps_PP-2023-1376, E2024/9917

10 26.2023.5.1 Updated Flood Report_HIA_PP-2023-1376, E2024/9918

11 Form of Special Disclosure of Pecuniary Interest, E2012/2815

Report

Background

The landowner previously submitted a Planning Proposal in May 2021, together with a Voluntary Planning Agreement (VPA) to provide for affordable housing on this site. Council at its 5 August 2021 Planning Meeting resolved (Res 21-284) to support placing the 2021 Voluntary Planning Agreement on Public Exhibition, subject to further amendments but also resolved:

5. Understands that should Council choose to proceed with finalising the attached draft VPA ahead of a statutory AHCS being in place, there is no guarantee that 20% of the rezoned land (or any %) will be dedicated for affordable housing purposes.

6. Due to 5, Council does not accept any “urban residential” planning proposal pertaining to a non-Council owned and managed investigation area (as identified in the Residential Strategy, until a statutory AHCS is in place for Byron Shire noting that the timeframe for this may be at least six months away.

7. Requests the Department of Planning, Industry and Environment finalise its approval of the Byron Residential Strategy and corresponding Affordable Housing Contributions Scheme (AHCS) without further delay.

The landowner resubmitted a planning proposal on 7 September 2021 (PP-2021-5540) without a Voluntary Planning Agreement, but still retaining an area for affordable housing on a 1ha lot which would have enable the construction of 15 small houses as well as a community garden.

On 29 November 2021, this Planning Proposal was returned requesting further information regarding traffic, flooding and advising that Council’s Residential Strategy has yet to be endorsed by the Department.

The Byron Shire Affordable Housing Contributions Scheme (AHCS) was subsequently adopted in August 2022 and gazetted in the Byron Local Environmental Plan (LEP) 2014 in January 2023.

The Planning Proposal (Attachment 1) and supporting documentation (Attachments 2 – 10) have been updated to address the current legislative planning requirements. Key elements of the planning proposal are presented below.

The Planning Proposal

The Planning Proposal (Attachment 1) relates to land located at 68 Rankin Drive, Bangalow, described as Lot 261 DP1262316 and Lot 11 DP807867 (Figure 1).

The Planning Proposal is a document that explains the intended effect and justification of a proposed amendment to a LEP. The objective of this Planning Proposal is to amend the Byron LEP 2014 to extend the existing R2 Low Density Residential Zone on the above lots and rezone the eastern portion of the land to R3 Medium Density Residential.

Once rezoned, future subdivision of the land will provide for larger lots on the steeper western area of the site, and medium density lots on the flatter eastern area. One of the medium density lots is intended to be dedicated to Byron Shire Council for the development of affordable housing through Council’s Affordable Housing Contributions Scheme. This is the first Planning Proposal to activate the dedication of land for affordable housing under the Scheme.

The following supporting technical studies and reports were submitted with the Planning Proposal:

• Hydraulic Assessment

• Bushfire Assessment

• Cultural Heritage Assessment

• Engineering Services Report

• Ecological Assessment

• Geotechnical Assessment

• Contaminated Land Assessment

• Land Use Conflict Assessment

• Noise Impact Assessment

• Traffic Impact Statement

The above information has been reviewed by staff and determined to be satisfactory for the purpose of this planning proposal.

Pending a Gateway determination, all supporting studies will be exhibited with the planning proposal and referred to relevant public agencies for comment as per the statutory Gateway requirement.

Figure 1 – Subject Land

The subject land:

· has a total area of 4.014ha

· is currently zoned a mix of R2 Low Density Residential, RU1 Primary Production and RU2 Rural Landscape

· is located on the northern extremity of the Bangalow residential area and bordered by Satinash Crescent to the west, Hinterland Way to the north and Rankin Drive to the South

· is situated within the urban growth area identified in the North Coast Regional Plan 2041

· is largely cleared and does not contain environmentally sensitive areas.

Explanation of Provisions

The following provides a summary of the LEP amendments proposed to support the objectives and intent for this site.

Proposed Zoning

Part of Lot 261 DP126316 is already zoned, and will remain, R2 Low Density Residential.

A map of site showing existing RU2 and R2 zone boundaries

Figure 2 – Current BLEP 2014 Zone Map

The planning proposal will rezone the existing RU2 Rural Landscape and the RU1 Primary Production zones, to a mix of R2 Low Density Residential and R3 Medium Density Residential, as per Figure 3 below.

Figure 3 – Proposed BLEP 2014 Zone Map

Lot Size

The rezoning of the site will enable a mix of residential lots consistent with those in the surrounding residential area, as well as provide an R3 Medium Density Residential zone.

A Lot Size Map (Figure 4) providing a minimum lot size of 800m²for the steeper areas of the site is proposed, consistent with part of the existing R2 Low Density Residential Zone.

The proposed R3 Medium Density Zone will have a minimum lot size of 1,000m²allowing for strata title of smaller housing typologies. This will ensure an increase in housing diversity and density in the area. In addition, part of the medium density area will be dedicated to Byron Shire Council for the development of affordable housing in accordance with the AHCS.

Overall, the rezoning of the subject land has the potential to yield 40+ residential dwellings.

Figure 4 – Proposed Lot Size Map

Height of Buildings and Floor Space Ratio

The Planning Proposal did not contain maps for Height of Buildings (Hob) or Floor Space Ratio (FSR) for the rezoned land. A 9m HOB already applies to the entire Bangalow catchment, however it is recommended that an FSR map be completed as follows and included in the Planning Proposal prior to submission for Gateway Determination:

Proposed Zone	Floor Space Ratio Map
R2 Low Density Residential	0.5:1 (consistent with steeper sloping land in surrounding R2 zone)
R3 Medium Density Residential	No FSR to apply (to allow greater flexibility for housing diversity/densities)

Relationship to North Coast Regional Plan

The planning proposal is consistent with the North Coast Regional Plan 2041, which is a 20-year blueprint for the future of the North Coast. The subject site is partially within and adjacent the Urban Growth Area for the Village of Bangalow, as identified in the plan.

The planning proposal demonstrates consistency with the following regional priorities, identified for Byron Shire:

• Manage and support sustainable growth.

• Deliver housing equitably to meet the needs of the community.

• Investigate opportunities for increased housing diversity.

• Prioritise the delivery of affordable housing to support the local workforce.

Relationship to Housing Options Paper

The Housing Options Paper, adopted 14 December 2023, was developed to inform the Residential Strategy Refresh. It explores what has changed in the Byron Shire since 2020 and explains how these changes impact the 2020 Residential Strategy. The paper outlines the options for how housing could now be delivered whilst responding to these changes.

The subject land is identified as ‘retained investigation land’ in the Housing Options Paper.

Relationship to Affordable Housing Contribution Scheme

Byron LEP Clause 6.18 provides that Council may impose a contribution on the subdivision of land in accordance with the Byron Affordable Housing Scheme, as adopted by Council 11 August 2022 and gazetted in January 2023.

Clause 2.1.4 of the Scheme sets out affordable housing contributions for the Bangalow area, being:

Onsite: 20% of the area of residential lots in the development must be provided as an affordable housing contribution.

Once this Planning Proposal is finalised the AHCS map for Byron LEP 2014 will be updated to include this site.

As part of any subsequent subdivision approval of the land in accordance with Clause 2.1.4, the owner will be required dedicate to Council an area of 5,645m² (20%) of developable land in the R3 Medium Density Residential Zone.

Key issues

· Flood impacts of development on subject land

Investigation of flooding impacts and stormwater management measures have been undertaken to ensure the site is suitable for a residential rezoning, as per the Planning Proposal. Staff have reviewed the supporting Hydraulics Assessment and the Stormwater Management information, which have been endorsed together in accordance with the provisions Chapter B3 – Services and Chapter C2 – Areas Affected by Flood of Byron DCP 2014, to assist with the residential rezoning of the site.

· Dedication of land under Council’s Affordable Housing Contribution Scheme

In addition to being the first regional Council in New South Wales to have an AHCS in place, is important to note that this is the first Planning Proposal to activate the dedication of land to Council for affordable housing under the AHCS. Given the current housing crisis in the Shire the delivery of affordable housing on this site represents an important milestone for Council.

Conclusion and recommendations

This is the first Planning Proposal to activate the dedication of land to Council for affordable housing under the AHCS. The planning proposal is consistent with the applicable State, regional and local planning framework. Based on the staff assessment of this Planning Proposal, including the supporting reports and studies, it is recommended that it be forward to the Department of Planning, Housing and Infrastructure for Gateway determination, subject to inclusion of the relevant Floor Space Ratio and Affordable Housing Contribution Scheme maps.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
4: Ethical Growth	4.2: Enable housing diversity and support people experiencing housing insecurity	4.2.2: Partnerships and pilots to address housing needs - Investigate partnerships and pilots that deliver an innovative and affordable housing model for the Shire	4.2.2.1	Consider residential rezoning proposals, as identified within existing North Coast Regional Plan growth boundary and the Affordable Housing Contribution Scheme.

Relevant Resolutions

· Res 21-284 (5 August 2021)

Legal/Statutory/Policy Considerations

Requirements under the Environmental Planning and Assessment Act and Regulation as applicable.

LEP 2014 clause 6.18 and Byron Shire Affordable Housing Contributions Scheme.

Financial Considerations

Owner initiated Planning Proposals are subject to full cost recovery via Council’s Fees and Charges.

Consultation and Engagement

Consultation will be carried out in accordance with Council’s Community Participation Plan 2019 and as directed by any future gateway determination from the Department of Planning, Housing and Infrastructure.