Image of Byron Shire Lighthouse. Image of Byron Shire Council logo.Minutes

Ordinary Meeting

DISCLAIMER: These are DRAFT minutes and will remain as such until confirmed at a later Council Meeting.
 Thursday, 22 February 2024


 

 


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes

22 February 2024

 

 

INDEX OF ITEMS DISCUSSED

 

The following items are listed in the order in which they were dealt with.

 

Report No. 13.1      Request to change market date. 10

Report No. 13.3      Policies for Review.. 10

Report No. 13.5      Budget Review - 1 October 2023 to 31 December 2023. 10

Report No. 13.6      Council Investments - 1 December 2023 to 31 December 2023. 11

Report No. 13.8      Delivery Program 6-monthly Report and Operational Plan 2023/24 - Q2 - to December 2023. 11

Report No. 13.9      Council Investments - 1 January 2024 to 31 January 2024. 11

Report No. 13.12   CMP Stage 2 Study - Byron Shire Coastal Hazard Assessment Study - for Council adoption. 11

Report No. 14.1      Report of the Finance Advisory Committee Meeting held on 16 November 2023. 12

Report No. 14.2      Report of the Floodplain Management Advisory Committee Meeting held on 8 December 2023. 13

Report No. 14.3      Report of the Moving Byron Advisory Committee Meeting held on 12 December 2023. 14

Report No. 14.4      Report of the Local Traffic Committee Meeting held on 20 December 2023  16

Report No. 17.1      Late Report as per Res 24-019 - Deferral of Notice of Motion 9.3 from 8 February 2024 Ordinary (Planning) Meeting 'Interim Heritage Order on works proposed and imminent at 15 Torakina Road (Wallum Estate) in Bayside Brunswick' 16

Report No. 13.2      Grants January 2024. 17

Report No. 13.10   2023 Environment and Safety Priorities Program.. 17

Report No. 13.15   Tyagarah Clothing Optional Beach.. 18

Report No. 13.11   Next Place Plan - Scope, Program and Budget 19

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. 19

Notice of Motion No. 9.1      Collaboration and financing to deal with Fire Ants. 21

Petition No. 11.1     Options for dog exercise areas near Linda Vidler Park. 21

Report No. 13.4      YouthSay 2023 Report Back. 22

Report No. 13.7      Council Resolutions Quarterly Review - Q2 - 1 October to 31 December 2023  22

Report No. 13.13   Update Resolution 23-056 Short Term Rental Accommodation Consent Conditions. 23

Report No. 13.16   New Brighton - Parking Improvements Investigation.. 24


DRAFTBYRON SHIRE COUNCIL

Ordinary Meeting Minutes                                                               22 February 2024

MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 22 February 2024 COMMENCING AT 9.09am AND CONCLUDING AT 3.28pm

I2024/239

PRESENT: Cr M Lyon (Mayor), Cr S Balson (left at 1:30pm), Cr D Dey, Cr A Hunter, Cr S Ndiaye, Cr A Pugh, Cr M Swivel and Cr P Westheimer

Staff:  Mark Arnold (General Manager)

            Esmeralda Davis (Director Corporate and Community Services)

            Phil Holloway (Director Infrastructure Services)

            Shannon Burt (Director Sustainable Environment and Economy)

            Heather Sills (Manager Corporate Services)

            Sarah Nagel (Manager Public and Environmental Services) – Item 13.10

            Sharyn French (Manager Sustainable Environment and Economy) – Item 13.11

            Jess Cutter (Minute Taker)

 The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.

 

 

Procedural Motion

24-025

Resolved that a representative of the Daily Telegraph be permitted to conduct audio-visual recording during Item 13.15 of Public Access in the 22 February 2024 Ordinary Council Meeting.                                                                                                      (Lyon/Swivel)

The motion was put to the vote and carried unanimously

Cr Pugh was not present for the vote.

 

Cr Pugh joined the meeting at 9:12am.

 

Public Access

Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:

 Public Access

Report No and Title

For/

Against

Name

Representing

Via

13.2

Grants January 2024

Against

Lydia Kindred

Northern Rivers Railway

In person

13.5

Budget Review – 1 October 2023 to 31 December 2023

Against

Moritz Engling

Self

In person

13.10

2023 Environment and Safety Priorities Program

Against

Angela Dunlop

Self

In person

13.11

Next Place Plan - Scope, Program and Budget

For

Kim Dowling

North Byron Business Chamber

Audio recording

13.15

Tyagarah Clothing Optional Beach

For

Christopher Moyes/Ebony Eagles

Self

In person

 

 

Gwen Gould

Self

Against

Bradley Benham & Jessa O’Brien

Byron Naturists

 

 

 

Procedural Motion

24-026

Resolved that Public Access be extended until 11.00am.                                            (Lyon)

The motion was put to the vote and carried unanimously.

 


 

Report No and Title

For/

Against

Name

Representing

Via

17.1

Late Report as per Res 24-019 - Deferral of Notice of Motion 9.3 from 8 February 2024 Ordinary (Planning) Meeting 'Interim Heritage Order on works proposed and imminent at 15 Torakina Road (Wallum Estate) in Bayside Brunswick'

For

Tweed Byron Local Aboriginal Land Council (Leweena Williams – CEO)

Tweed Byron Local Aboriginal Land Council (Leweena Williams – CEO)

 

In person

Bundjalung of Byron Bay Aboriginal Corporation (Arakwal)

Bundjalung of Byron Bay Aboriginal Corporation (Arakwal)

Read by staff

Submissions

Subject

Name

Representing

Via

Development on Floodplains

Peter McGill

Self

In person

Community consultation process around the Wallum site

Lila Allison

Self

In person

Planned road work Bayshore Drive

Ann Bernice Reed

Self

In person

 

The meeting adjourned at 11.00am for break and reconvened at 11.20am.


 

 

Apologies

 

Procedural Motion

24-027

Resolved that the apology from Cr Coorey be accepted and a leave of absence granted from the 22 February 2024 Ordinary Council meeting.                                     (Lyon/Balson)

The motion was put to the vote and carried unanimously.

 

Applications to Attend by Audio-Visual Link

There were no applications to attend by audio-visual link.

 

Requests for Leave of Absence

There were no requests for leave of absence

 

Declarations of Interest – Pecuniary and Non-Pecuniary

There were no Declarations of Interest.

 

Tabling of Pecuniary Interest Returns

In accordance with clause 440AAB of the Local Government Act and clause 4.22 of the Code of Conduct for Staff, the Mayor tabled a Primary Return of Interests for Robbie Tall in the temporary position of Development Support Officer (Assistant Planner).

 

Adoption of Minutes from Previous Meetings

 

24-028

Resolved that the minutes of the Ordinary Meeting held 14 December 2023 be confirmed.                                                                                                                  (Swivel/Lyon)

The motion was put to the vote and carried unanimously.

 


 

 

Reservation of Items for Debate and Order of Business

The Mayor suspended standing orders to allow for items to be reserved for debate, being:

Staff Reports 

 

General Manager

 

Corporate and Community Services

Report No. 13.2     Grants January 2024

Report No. 13.4     YouthSay 2023 Report Back

Report No. 13.7     Council Resolutions Quarterly Review - Q2 - 1 October to 31 December 2023

 

Sustainable Environment and Economy

Report No. 13.10   2023 Environment and Safety Priorities Program

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

Report No. 13.13   Update Resolution 23-056 Short Term Rental Accommodation Consent Conditions

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

 

Infrastructure Services

Report No. 13.15   Tyagarah Clothing Optional Beach

Report No. 13.16   New Brighton - Parking Improvements Investigation

The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Lyon and seconded by Cr Westheimer. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 24-029 and concluding with Resolution No. 24-048.

 


 

 

Staff Reports - General Manager

 

Report No. 13.1         Request to change market date

File No:                       I2024/179

 

24-029

Resolved that Council, pending no objecting submissions being received from the public notice of the proposal, agree to moving the Byron Community Centre Limited’s artisan market day from 30 March to 29 March 2024.                           (Lyon/Westheimer) .

 

staff reports - Corporate and Community Services

 

Report No. 13.3         Policies for Review

File No:                       I2023/1984

 

24-030

Resolved:

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

                                                                                                                         (Lyon/Westheimer).

 

 

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

File No:                       I2024/24

 

24-031

Resolved that Council:

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

                                                                                                                          (Lyon/Westheimer).

 

 

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

File No:                       I2024/34

 

24-032

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

(Lyon/Westheimer).

 

 

Report No. 13.8         Delivery Program 6-monthly Report and Operational Plan 2023/24 - Q2 - to December 2023

File No:                       I2024/127

 

24-033

Resolved that Council:

1.      Notes the 2023/24 Operational Plan Quarter 2 Report for the period ending 31 December 2023 (Attachment 1 #E2024/6355).

2.      Adopts the proposed amendments to the Operational Plan 2023/24 outlined in Attachment 2 (#E2024/3281).
                                                            (Lyon/Westheimer).

 

 

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

File No:                       I2024/147

 

24-034

Resolved that Council notes the report listing Council’s investments and overall cash position as of 31 January 2024.                                                                  (Lyon/Westheimer).

 

Staff Reports - Sustainable Environment and Economy

 

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

File No:                       I2023/816

 

24-035

Resolved 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.                                                                                          (Lyon/Westheimer).

 

Reports of Committees - Corporate and Community Services


 

Report No. 14.1         Report of the Finance Advisory Committee Meeting held on 16 November 2023

File No:                       I2024/5

 

24-036

Resolved that Council notes the minutes of the Finance Advisory Committee Meeting held on 16 November 2023.                                                                        (Lyon/Westheimer).

 

24-037

Resolved that Council adopts the following Committee recommendation:

Report No. 3.1  Adoption of Minutes of the Finance Advisory Committee Meeting held 17 August 2023

File No: I2023/1245

 

Committee Recommendation 3.1.1

That the minutes of the Finance Advisory Committee Meeting held on 17 August 2023 be confirmed                                                                                                   (Lyon/Westheimer).

 

24-038

Resolved that Council adopts the following Committee recommendation:

Report No. 4.2  Budget Review - 1 July 2023 to 30 September 2023

File No: I2023/1758

 

Committee Recommendation 4.2.1

That Council:

1.      Authorises the itemised budget variations as shown in Attachment 2 (#E2023/115792) which include the following results in the 30 September 2023 Quarterly Review of the 2023/2024 Budget:

a)      General Fund – $0 movement to the Estimated Unrestricted Cash Result

b)      General Fund - $1,701,000 decrease in reserves

c)      Water Fund - $1,083,200 increase in reserves

d)      Sewerage Fund - $473,300 decrease in reserves

2.      Adopts the revised General Fund Estimated Unrestricted Cash Deficit of $250,000 for the 2023/2024 financial year as at 30 September 2023.         (Lyon/Westheimer).

 


 

 

Reports of Committees – Infrastructure services

 

Report No. 14.2         Report of the Floodplain Management Advisory Committee Meeting held on 8 December 2023

File No:                       I2023/1982

 

24-039

Resolved that Council notes the minutes of the Floodplain Management Advisory Committee Meeting held on 8 December 2023.                                       (Lyon/Westheimer).

 

24-040

Resolved that Council adopts the following Committee Recommendation(s):

 

Report No. 4.1  Floodplain Management Advisory Committee Goals for 2024

File No: I2023/1928

 

Committee Recommendation 4.1.1

1.    That the Floodplain Management Advisory Committee note the report.

2.    That Council staff present the draft DCP at the next Floodplain Management Advisory Committee.

3.    That Council staff ask DPE to provide an update on options that limit fill on new construction in floodplains at the next Floodplain Management Advisory Committee meeting.

4.    That Council staff update the Floodplain Management Advisory Committee on enforcement of no-fill zones on floodplains.

5.    That Council considers following the lead of Tweed Shire Council in making the Flood Certificate information publicly available for all properties covered by suitable floodplain plans.

6.    That Council staff provide a presentation on the flood warnings and warning systems to the next Floodplain Management Advisory Committee meeting

(Lyon/Westheimer).

 

24-041

Resolved that Council adopts the following Committee Recommendation:

Report No. 4.2  Community Education Strategy and Review of Flood Options - Project Update

File No: I2023/1927

 

Committee Recommendation 4.2.1

That the Floodplain Management Advisory Committee receive a further update on the ‘Community Education Strategy and Review of Flood Options’ project and a briefing on ways of further engaging community, for example with animations from existing and future flood models.                                                                                       (Lyon/Westheimer).

 

24-042

Resolved that Council adopts the following Committee Recommendation:

Report No. 4.3  Post 2022 Event Flood Behaviour Analysis - Brunswick River - Final Draft Report - September 2023-NSW Department of Planning & Environment

File No: I2023/1935

 

Committee Recommendation 4.3.1

1.      That the Floodplain Management Advisory Committee advise Council to ask NSW Department of Planning & Environment (DPE) to update figures in Appendix D of DPE’s “Post 2022 Event Flood Behaviour Analysis - Brunswick River - Final Draft Report - September 2023” so that they display the point number and that the computed and recorded flood levels are tabulated, and that the flooded areas in the figures display the calibrated model results as contours.

2.      That, subject to the changes in point 1 above and the changes discussed in the Committee meeting held on 8 December 2023, the Floodplain Management Advisory Committee endorses the report.

3.     That Council staff release the report to the public with proactive advertising, and with notice to Committee members                                                    (Lyon/Westheimer).

 

 

 

Report No. 14.3         Report of the Moving Byron Advisory Committee Meeting held on 12 December 2023

File No:                       I2023/2074

 

24-043

Resolved that Council notes the minutes of the Moving Byron Advisory Committee Meeting held on 12 December 2023.                                                         (Lyon/Westheimer).

 

24-044

Resolved that Council adopts the following Committee Recommendation:

Report No. 4.1  Kolora Way - Alternative Scope of Works

File No: I2023/1391

 

Committee Recommendation 4.1.1

1.      That Council proceeds with the long term project as originally resolved for a separate cycle/pedestrian bridge on the north side of Kolora Way at Yelgun Creek including the likelihood of an EIS.

2.      That Council arranges a temporary cycle/pedestrian lane on the north side of the existing bridge and use the south lane for priority controlled traffic with No Passing.

3.    That Council commences the Helen Street bridge repair after the works in point 2 above are in operation.                                                                         (Lyon/Westheimer).

 

24-045

Resolved that Council adopts the following Committee Recommendation:

Report No. 4.2  Public Transport Workshop Outcomes

File No: I2023/1862

 

Committee Recommendation 4.2.1

1.      That the Moving Byron Committee note the ongoing work with TfNSW to help achieve the Shires Public Transport expectations.

2.      That staff provide a follow up Public Transport Workshop to discuss other modes of public transport not discussed at this workshop (Moving Byron Public Transport Workshop, 13 November 2023).

3.     That Council facilitates discussion with TfNSW and bus companies regarding Ocean Shores to Byron service and other improvements to the bus routes and timetables.

4.     Council note the following issues presented as current and urgent issues with the bus system requiring attention to address customer needs.

a) Poorly presented timetable formation

b) Dysfunctional ‘trip planner’ coordinated by TfNSW.

c) Better understanding and attention to meeting the needs of disabled and mobility challenged people.

5.     That the next Moving Byron Committee receive the report on the progress and funding on the following issues, which come from the Moving Byron Strategy:

5.2.2 Survey community to identify service gaps and undertake route evaluation.

5.2.3 Undertake data collection and research project to understand.

- Non-work and tourist visitor travel patterns and demand.

- Identify grant and other funding opportunities.

5.2.6 Understand the movement needs of tourist visitors and opportunities to align services that can cater to experiential, commuter, and other cohorts.

5.2.7 Complete review of bus stop and facilities in town and village centres to identify opportunities to provide central locations, enhance convenience, connectivity, and accessibility.

5.2.8 Provide bus bay adjacent to Tourism Information Centre in Jonson Street Byron Bay and support town bus services circulating in the town centre.

5.3.3 Review Development Control Plans, Master Plans, and relevant policy to facilitate and promote shared transport options in land use and place planning.

 7.2.3 Amend development assessment criteria for transport infrastructure including for Traffic Impact Assessments to include:

- Counts for pedestrians, cyclists, and other road users.

- Measures that address risks to all road users (including pedestrians and cyclists).

- The provision of public transport facilities.

- Travel Demand Management strategies.

8.1.4 Identify and develop a priority funding plan for hinterland connection points, such as bus transfers at road intersections and nodes such as halls and schools that can be made safer with improved facilities such as bus bays, signage, kiss and ride etc.                                                                                                                                         (Lyon/Westheimer).

 

 

 

Report No. 14.4         Report of the Local Traffic Committee Meeting held on 20 December 2023

File No:                       I2024/130

 

24-046

Resolved that Council notes the minutes of the Local Traffic Committee Meeting held on 20 December 2023.                                                                                 (Lyon/Westheimer).

 

24-047

Resolved that Council adopts the following Committee Recommendation:

Report No. 6.1  Upgrade intersection works of Tweed Street and Bayside Way and LATM traffic control devices for new works within the subdivision.

File No: I2023/1969

 

Committee Recommendation 6.1.1  

That the Local Traffic Committee supports the signage, line markings and traffic control devices associated with the Bayside way intersection works, and traffic calming signage and devices as shown in Attachment 1 (E2023/128712) to the Report                                 

                                                                                                                          (Lyon/Westheimer).

 

 


 

 

 

Late Reports

 

 

Report No. 17.1         Late Report as per Res 24-019 - Deferral of Notice of Motion 9.3 from 8 February 2024 Ordinary (Planning) Meeting 'Interim Heritage Order on works proposed and imminent at 15 Torakina Road (Wallum Estate) in Bayside Brunswick'

File No:                       I2024/211

 

24-048

Resolved that Council notes the report.                                                   (Lyon/Westheimer).

 

 

Procedural Motion

24-049

Resolved that Council change the order of business to deal with Reports 13.2, 13.10, 13.11 and 13.15 next on the Agenda.                                                                               (Lyon)

The motion was put to the vote and carried unanimously.

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.2         Grants January 2024

File No:                       I2023/1936

 

24-050

Resolved that Council notes the grant submissions report for the month of December 2023 and January 2024 (Attachment 1 #E2024/9120).                           (Westheimer/Lyon)

The motion was put to the vote and carried unanimously.

 


 

 

Staff Reports – sustainable environment and economy

 

Report No. 13.10      2023 Environment and Safety Priorities Program

File No:                       I2024/39

 

24-051

Resolved 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:

a.    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

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

4.    Holds an online meeting with private certifiers operating within the Byron Shire to identify operational areas of concern and to review the Building Information Certificate policy for consistency with the Department’s practice note.

5.    Following the meeting with private certifiers or by 20 April 2024, whichever is sooner, 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.

6.    Shares with Councillors any response to part 5.                                 (Hunter/Lyon)

The motion was put to the vote and carried unanimously.

 

 

Procedural Motion

24-052

Resolved that Council change the order of business to deal with Report 13.15 next on the Agenda.                                                                                                                            (Lyon)

The motion was put to the vote and carried unanimously.

 


 

 

Staff Reports - infrastructure Services

 

Report No. 13.15      Tyagarah Clothing Optional Beach

File No:                       I2024/112

 

24-053

Resolved that Council:

  1. Notes that the clarified boundaries now make it clear that Council does not have the authority to make the Tyagarah Beach clothes optional and that this authority lies with NSW National Parks and Wildlife Service (NPWS), and acknowledges that the 1998 decision (Resolution 8147) is redundant.
  2. Notes the NPWS request to extend the implementation date of its decision to allow NPWS to undertake further consultation with user groups at Tyagarah; and 
  3. Works with NSW National Parks and Wildlife Service to remove or amend site signage and update social media information, and have the changes implemented by 30 June 2024.
  4. Requests NPWS provide a report back to Council on the outcomes of the consultation.                                                                                                      (Dey/Lyon).

 

 

Procedural Motions

24-054

Resolved that Council move into Committee to allow for free debate.          (Swivel/Lyon)

The motion was put to the vote and carried unanimously.

24-055

Resolved that Council move out of Committee and resume the Ordinary Meeting. (Lyon)

The motion was put to the vote and carried unanimously.

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

Crs Westheimer and Ndiaye voted against the motion.

The meeting adjourned at 1.30pm for a lunch break and reconvened at 2.12pm.

Cr Balson did not return after lunch.


 

 

Staff Reports – sustainable environment and economy

 

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

File No:                       I2023/207

 

24-056

Resolved 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.                                                  (Lyon/Ndiaye)

The motion was put to the vote and carried unanimously.

 

 

 

Procedural Motion

24-057

Resolved that Council changes the order of business to deal with Report 13.14 next on the Agenda.                                                                                                                            (Lyon)

The motion was put to the vote and carried unanimously.

 


 

 


 

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

File No:                       I2024/67

 

24-058

Resolved 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;

c)      facilitate the provision of affordable housing to meet the needs of very low, low and moderate income households;

d)    provide for dwellings that will be managed so as to maintain continued use as affordable rental housing.

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:

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.                                (Pugh/Lyon)

The motion was put to the vote and carried unanimously.

 

 

 

Notices of Motion

 

Notice of Motion No. 9.1  Collaboration and financing to deal with Fire Ants

File No:                                 I2024/206

 

24-059

Resolved that Council:

1.      Notes that Fire Ants are a pest relatively new to Australia and previously confined to South East Queensland.

2.      Notes that Fire Ants have been found this summer in Shires neighbouring Byron Shire, both to our north and south. 

3.      Notes that Fire Ants are a pest capable of rendering swathes of land uninhabitable, due to their tendency to attack in collaboration and using large numbers. 

4.      Asks the Mayor to continue to pursue this matter with the Northern Rivers Joint Organisation, to ensure continued collaboration across NRJO’s seven Local Government Areas and continue to request state and/or federal funding and other support in dealing with Fire Ants in this region. 

5.      Utilises social media to help promote awareness and recognition of Fire Ants.

                                                                                                                                     (Dey/Ndiaye)

The motion was put to the vote and carried unanimously.

 

 

 

Mayoral Minute

There was no Mayoral Minute.

 

 

Petitions

 

Petition No. 11.1       Options for dog exercise areas near Linda Vidler Park

File No:                       I2024/143

 

24-060

Resolved that Council:

1.      Notes the petition regarding options for a dog exercise area near Linda Vidler Park.

2.      Notes that an off leash area is not supported at either:

a) Linda Vidler Park soccer playing fields; and

b) A fenced off area next to the Linda Vidler Park community gardens;

3.      Requests Council staff to investigate options and costs for an off-leash dog area in Suffolk Park and provide outcomes in a future report to Council.         (Lyon/Ndiaye)

The motion was put to the vote and carried unanimously.

 


 

 

Delegates' Reports

Cr Lyon and Cr Ndiaye gave a Delegate’s Report on a meeting with the Minister for Local Government, Ron Hoenig on 20 February 2024.

 

Staff Reports - Corporate and Community Services

 

Report No. 13.4         YouthSay 2023 Report Back

File No:                       I2023/2080

 

24-061

Resolved 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 the first half of 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.

5.      Requests a report on the trial of on-demand bus services that are being conducted in Alstonville and Coffs Harbour.                                                                (Ndiaye/Lyon)

The motion was put to the vote and carried unanimously.

 

 

 

Report No. 13.7         Council Resolutions Quarterly Review - Q2 - 1 October to 31 December 2023

File No:                       I2024/84

 

24-062

Resolved that Council:

1.            Notes the information provided in this report on active Council Resolutions in Attachment 1 (#E2024/1).

2.            Agrees that the Council Resolutions listed in Attachment 2 (#E2024/2535) are complete, except for one Resolution 23-504 on “Open Forest Ecosystems for Ecological Restoration”. 

3.            Notes the completion of the Resolutions as described in Part 2 above.

                                                                                                                                         (Dey/Lyon)

The motion was put to the vote and carried unanimously.

 


 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.13      Update Resolution 23-056 Short Term Rental Accommodation Consent Conditions

File No:                       I2024/29

 

24-063

Resolved that Council notes the update provided on Resolution 23-056 Short Term Rental Accommodation Consent Conditions.                                                     (Ndiaye/Lyon)

The motion was put to the vote and carried unanimously.

 

 

Staff Reports - Infrastructure Services

 

 

Report No. 13.16      New Brighton - Parking Improvements Investigation

File No:                       I2024/126

 

24-064

Resolved that Council:

1.     Endorses the New Brighton Parking Community Consultation Plan and to provide community feedback on the proposed parking options in New Brighton as detailed in the report and takes into consideration future parking schemes;

2.     Staff analyse and compile the feedback from the consultation into a recommendation for Council with a proposed works program and timetable; and

3.     Provide a recommendation to Council with the works program and timeline at the May Ordinary meeting.                                                                               (Hunter/Ndiaye)

The motion was put to the vote and carried unanimously.

 

 

There being no further business the meeting concluded at 3.28pm.

 

I hereby certify that these are the true and correct Minutes of this Meeting

as confirmed at Council’s Ordinary Meeting on 28 March 2024.

 

….…………………………

Mayor Michael Lyon