Minutes
Ordinary Meeting
Thursday, 27 March 2025
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
27 March 2025
The following items are listed in the order in which they were dealt with.
Report No. 13.1 Grants February 2025
Report No. 13.2 Appointment of additional community representative to Arts Advisory Committee
Report No. 13.3 Council Investments - 1 February 2025 to 28 February 2025
Report No. 13.8 Northern Regional Planning Panel Membership
Report No. 13.10 Byron Shire Integrated Transport Plan
Report No. 14.1 Report of the Arts Advisory Committee Meeting held on 20 February 2025
Report No. 14.2 Report of the Finance Advisory Committee Meeting held on 20 February 2025
Report No. 13.11 Byron Bay Drainage Upgrade - Town Centre Design and Construction
Report No. 13.7 Draft Pest Animal Management Plan 2025 - 2030 for Public Exhibition
Report No. 13.5 Net Zero Emissions Pathway and Climate Active Certification
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 27 March 2025
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 27 March 2025 COMMENCING AT 3:08PM AND CONCLUDING AT 6:04PM
I2025/370
PRESENT: Cr
S Ndiaye (Mayor) [Left at 5.45PM], Cr J Dods, Cr E Hauge, Cr D Kay,
Cr M Lyon, Cr A Pugh, Cr J Swain, Cr D Warth
Staff: Mark Arnold (General Manager)
Esmeralda Davis (Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
Sharyn French (A/Director Sustainable Environment and Economy)
Matt Meir (Legal Counsel)
Heather Sills (Manager Corporate Services)
Claire McGarry (Place Manager) – Report 13.11
Chris Soulsby (Manager Assets and Major Projects) – Report 13.11
Amber Evans-Crane (Minute Taker)
The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.
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 Organisation |
Submission via |
|
13.4 |
Draft Place Plan for New Brighton, South Golden Beach and Ocean Shores - for Public Exhibition |
For |
Kim Dowling |
North Byron Business Chamber |
In Person |
David Michie |
Self |
In Person |
|||
Against |
Kathy Norley |
South Golden Beach Community Association |
In Person |
||
Angela Dunlop |
South Golden Beach Community Association |
In Person |
|||
13.6 |
PLANNING -26.2024.10.1 Submissions Report Post Exhibition, Affordable Housing Contribution Scheme 02 |
Against |
Anna Watson & Roger Green |
Self |
In Person |
13.11 |
Byron Bay Drainage Upgrade - Town Centre Design and Construction |
For |
Anthony Pangallo |
Byron Bay Masterplan Advisory Group |
In Person |
Matt Williamson |
Byron Bay Chamber of Commerce |
In Person |
Submissions
Subject |
Name |
Representing Organisation |
Submission via |
Preschool shortages in Byron Shire |
Bridget Isichei |
Byron Bay Preschool |
In Person |
Mullumbimby Heritage Item |
Jan Barham |
Self |
Read by Staff |
Question No. 1 Community Engagement
Liz Levy asked the following question:
In opting to reject the $2.3m grant for traffic lights, were councillors aware of the vital information that 1) much of the substance of the anti-lights campaign was directly contradicted by feedback from Metis engineers and 2) that Council, as the relevant road authority was not obliged to seek community approval for necessary safety measures.
Should Byron Shire residents now anticipate that 1000 signatures will be considered “community wishes” and a threshold for reversing decisions and if so, what measures can be taken to ensure more timely public information from Council and a more balanced and accurate public debate?
The Mayor took the question on notice.
Question No. 2 Broken Head Road and Clifford Street
Joti Jaffray, on behalf of Keep the Flow in Suffo, asked the following question (as read by staff):
Can council advise if it has lodged the request for the Clifford Street intersection Road Safety Grant variation to deliver safety treatments instead of traffic lights and or are there any other updates on this topic.
Phil Holloway, Director Infrastructure Services responded:
A variation as per resolution 25-067 has not yet been submitted to TfNSW.
In response to res 25-067 part 2, staff have developed a concept design for the Broken Head Road and Clifford Street Road Safety Program (RSP) grant variation for improved pedestrian safety.
A Road Safety Program grant variation submission requires staff: -
Staff expect that the variation request will be submitted by mid-April 2025.
Staff will provide a further update on the results of the variation request when available as per part 3 of Res 25-067 – (Staff to provide a further update once TfNSW provide feedback on the variation request).
Question No. 3 Accessible Public Toilet at 57 Station Street Mullumbimby
Vee Hunt asked the following question (as read by staff):
In the event that a Unit Block replaces the Public Toilets at the Council Carpark at 57 Station Street can a Male and Female toilet be integrated to the site design to provide an easily accessible Public Toilet Facility within the CBD for people with medical, mobility and immediacy issues who have come to rely on the existing facility?
The Mayor took the question on notice.
Question No. 4 Social Housing for 57 Station Street Mullumbimby
Jan Barham asked the following question (as read by staff):
Has council investigated with the NSW Government the funding available from the Commonwealth's $10billion Housing Australia Future Fund program for delivery of social housing funding for the 57 Station Street Mullumbimby site as Byron Shire has a deficit of social housing compared to other councils in our region and a priority to address the needs of our most vulnerable residents.
The Mayor took the question on notice.
Question No. 5 Publication of Council Notices in the Echo
Angela Dunlop, on behalf of the South Golden Beach Community Association, asked the following question:
My question is why has Council not endorsed the publication of notices including meeting agendas, items on public exhibition and DAs in the Echo as per many Councillors pre-election commitments which were made in the interests of transparency and community engagement?
Councillor Lyon responded by asking:
Why would it only have to be the Echo Newspaper given we now have two local newspapers?
Angela Dunlop responded: OK, any local papers.
Councillor Lyon responded by asking: I understand that this is considered to be somewhat important public information which is available freely on the website, but if it is that important we should put a challenge out to both publications to publish it for free and provide us a say a quarter page ad to do that and if one of those two publications offered that, would you take it?
Angela Dunlop asked: What is the other publication Michael?
Councillor Lyon responded: The Byron Coast Times [Discussion regarding where the paper was based.]
Angela Dunlop responded: The reason I said the Echo was because as previously has been published in the Echo and most people do actually read the Echo. I am involved with South Golden Beach Community Association and there’s often times when we have a meeting and if we’re not all over the Agenda coming up, you know in another few weeks, we don’t necessarily discuss that item at the time because we’re not aware of it. Any major DAs would be good to see them in there and also I’m not saying every single DA, I’m basically saying Agenda items, major DAs and anything on Council exhibition. They’re the main three it would be good to have available for the public to see. Not everyone has access to computers. Not everyone wants to spend all their time going online to try to find things. If we could see it in a printed version it’s so much easier and so much more transparent.
Cr Dods asked Council: We all had pre-election commitments. Could we please have a show of hands from our campaigners who committed to publishing DA notices in the Echo and those who didn’t.
Cr Ndiaye advised: I am still committed to publishing in the Echo, however, it was my understanding we are waiting for the budgets to come up to put in a budget bid. I believe we may need to actually put a Notice of Motion through. Former Councillor Dey did put one up and it was unsuccessful and it will be on us to do that. Thank you for bringing it to our attention. My thought was it was coming up with the new financial year, with the contracts.
Question No. 6 Selling 57 Station Street, Mullumbimby
Duncan Dey asked the following question:
What was or will be the sale price of the publicly owned land at 57 Station Street? If not an exact number, then what was it approximately or how was or will it be worked out?
The Mayor took the question on notice.
The meeting adjourned at 4.02pm for a short break and reconvened at 4.21pm.
|
Procedural Motion |
Resolved that the apology from Cr Lowe be accepted in accordance with her prior leave of absence (Resolution 25-057). (Ndiaye) 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.
|
Procedural Motion |
Resolved that Cr Swain be granted a leave of absence from the 10 April Planning Council Meeting (Ndiaye/Dods) The motion was put to the vote and carried unanimously. |
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Ndiaye declared a significant non-pecuniary interest in Report 13.6. The nature of the interest being that her brother’s name is listed here. Cr Ndiaye elected to leave the Chamber and will not participate in discussion and the vote.
Cr Dods declared a not significant non-pecuniary interest in Report 13.8. The nature of the interest being that he has worked on a DA (2023.454.1) that is currently being assessed and due for determination by the NRRP. He considers the interest in this particular item to be not significant because the item recommends commencing an EOI process for new community members. He has no close personal or business relationships with any of the current panel members proposed to remain on the panel during the EOI process. Cr Dods elected to stay in the Chamber and will not participate in discussion and the vote.
Tabling of Pecuniary Interest Returns
There were no Pecuniary Interest Returns tabled.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the Ordinary Meeting held 27 February 2025 be confirmed. (Ndiaye/Dods) 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:
Sustainable Environment and Economy
Report No. 13.4 Draft Place Plan for New Brighton, South Golden Beach and Ocean Shores - for Public Exhibition
Report No. 13.5 Net Zero Emissions Pathway and Climate Active Certification
Report No. 13.6 PLANNING - 26.2024.10.1 Submissions Report Post Exhibition, Affordable Housing Contribution Scheme 02
Report No. 13.7 Draft Pest Animal Management Plan 2025 - 2030 for Public Exhibition
Infrastructure Services
Report No. 13.11 Byron Bay Drainage Upgrade - Town Centre Design and Construction
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Hauge and seconded by Cr Dods. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 25-84 and concluding with Resolution No. 25-098.
Staff Reports - Corporate and Community Services
|
Report No. 13.1 Grants February 2025 File No: I2025/139
|
Resolved that Council notes the Grant Submissions Report for the month of February 2025 (Attachment 1 #E2025/26154). (Hauge/Dods). |
Staff Reports - Sustainable Environment and Economy
|
Report No. 13.8 Northern Regional Planning Panel Membership File No: I2025/225
|
1. Endorses an expression of interest process to call for two community panel members and two alternate members to the Northern Regional Planning Panel; 2. Receives a report on the expressions of interest process to determine the new Northern Regional Planning Panel community panel members and alternate members; 3. Thanks the current members Simon Richardson and Joe Vescio and alternate members Ian Pickles and David Brown for their participation on the Northern Regional Planning Panel; 4. Invites the current members to continue as members on the current Northern Regional Planning Panel until new members are appointed through the EOI process; 5. Confirms the payment to community members on Northern Regional Planning Panel (continuing and new members) will align with the Department of Planning Housing and Industry Guidance; and 6. Notifies the Planning Panel Secretariat of the above. (Hauge/Dods) |
Staff Reports - Infrastructure Services
|
Report No. 13.10 Byron Shire Integrated Transport Plan File No: I2025/281
|
Resolved that Council endorses the proposed Byron Shire Integrated Transport Plan project program and structure. (Hauge/Dods) |
Reports of Committees - Corporate and Community Services
Reports of Committees - Sustainable Environment and Economy
Reports of Committees - Infrastructure Services
The motions (Res 25-084 to 25-098) were put to the vote and carried unanimously
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 13.4, 13.6, 13.11, 13.7 and 13.5 next on the Agenda. (Ndiaye) The motion was put to the vote and carried unanimously. |
Staff Reports - Sustainable Environment and Economy
|
Procedural Motion |
Resolved that Cr Swain be granted a two minute extension to her speech. (Pugh/Ndiaye) The motion was put to the vote and carried unanimously. |
|
Procedural Motion |
Resolved that Cr Ndiaye be granted a two minute extension to her speech. (Warth/Dods) The motion was put to the vote and carried unanimously. |
|
Procedural Motion |
Resolved that Cr Lyon be granted a two minute extension to his speech. (Ndiaye/Dods) The motion was put to the vote and carried unanimously. |
The motion (Swain/ Warth) was put to the vote and carried unanimously
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 13.11 and 13.7 next on the Agenda. (Ndiaye/Hauge) The motion was put to the vote and carried unanimously. |
Staff Reports - Infrastructure Services
|
Report No. 13.11 Byron Bay Drainage Upgrade - Town Centre Design and Construction File No: I2025/293
|
1. Endorses the completed Detailed Design for the Town Centre component of the Byron Bay Drainage Upgrade (Attachment 1), subject to the following changes: a) Investigate a raised safety platform crossing, pedestrian crossing, or other pedestrian-priority treatments on Jonson St at Byron Lane b) Include alternate surface treatment for Byron Lane to clearly delineate shared zone c) Include raised safety platform crossing and/or pedestrian-paver feature treatment at Lateen Lane entry to Jonson St d) Change surface treatment on raised crossings to match the footpath treatment or similar aesthetically e) Change concrete median / pedestrian refuges to river stone-in-concrete finish f) Reduce the road pavement width on Fletcher St to improve pedestrian safety, by reducing the northbound lanes between Lateen Ln and Lawson St from two traffic lanes to one traffic lane, and by replacing the removed lane width with a vegetated median to match the southern median on Fletcher St, and investigate 45 degree parking g) Refer to the NSW Movement and Place framework to rationalise regulatory signage wherever possible 2. Endorses the reallocation of grant funding to prioritise town centre upgrades, subject to agreement from funding bodies; 3. Grants the Mayor and General Manager delegation to lobby State and Federal governments for additional funding to enable Council to complete the full scope of drainage upgrades in Byron Bay; 4. Undertakes a selective tender process for the Byron Drainage Upgrade - Town Centre Construction, inviting the preferred suppliers identified in the EOI evaluation report (Attachment 2), subject to amendment of the funding deeds and resulting availability of funding; 5. Grants the General Manager delegation to award Contract 2024-2448 - Byron Drainage Upgrade - Town Centre Construction, so long as the works are within the allocated budget; and 6. Delegates authority to negotiate relocation of the markets based on previous footprint and licence terms, while ensuring that: a) No vehicles are driven on the reserve between footpaths and the beach; and b) Measures are taken to ensure protection of the dunes from erosion related to market operations 7. Seeks to avoid construction and closure of pedestrian areas in peak holiday periods wherever possible 8. Provides ongoing updates on the timeline of the planned works to affected businesses, including anticipated start and finish dates, work days and times, and work intensity (e.g. which times are likely to be the most disruptive with excessive noise and dust) (Dods/Pugh) The motion was put to the vote and carried unanimously. |
|
Procedural Motion |
Resolved that Cr Dods be granted a two minute extension to his speech. (Ndiaye/Hauge) The motion was put to the vote and carried unanimously. |
Reports of Committees - Sustainable Environment and Economy
Cr Ndiaye left the Chambers at 5.45pm and did not return.
Cr Dods assumed the Chair as Deputy Mayor.
|
Report No. 13.6 PLANNING - 26.2024.10.1 Submissions Report Post Exhibition, Affordable Housing Contribution Scheme 02 File No: I2025/23
|
1. Adopts the planning proposal in Attachment 1 (E2024/132963) to amend Byron LEP 2014 to introduce Byron Affordable Housing Contribution Scheme 02, together with the following supporting documents: a) Final Affordable Housing Contribution Scheme 02 for Adoption, (Attachment 2 – E2025/21189) b) Final Byron Shire Viability Assessment Report (Attachment 3 – E2025/21426) c) Final Draft Byron Shire Housing Needs Study (Attachment 4 – E2024/78446); 2. Forwards the adopted planning proposal and Affordable Housing Contribution Scheme 02 to Department of Planning, Housing and Infrastructure for finalisation; and 3. Receives an updated Affordable Housing Contribution Policy in April 2025 to be placed on public exhibition. (Lyon/Dods) The motion was put to the vote and carried unanimously. Crs Lyon, Pugh, Dods, Swain, Warth, Kay and Hauge voted in favour of the motion. Nil voted against the motion. Cr Ndiaye was not present for the vote. |
Mayoral Minute
There was no Mayoral Minute presented.
Petitions
There were no Petitions presented.
Delegates' Reports
There were no Delegates’ Reports presented.
There being no further business the meeting concluded at 6:04PM.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 24 April 2025.
….…………………………
Mayor Sarah Ndiaye