BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
22 May 2025
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 22 May 2025 COMMENCING
AT 3:02PM AND
CONCLUDING AT 7:33PM.
I2025/708
PRESENT: Cr
S Ndiaye (Mayor), Cr J Dods, Cr E Hauge, Cr D Kay, Cr M Lowe,
Cr M Lyon, Cr J Swain, Cr D Warth
Staff: Mark Arnold (General
Manager)
Esmeralda
Davis (Director Corporate and Community Services)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Matt
Meir (Legal Counsel)
Heather
Sills (Manager Corporate Services)
Clair
McGarry (Place Manager – Byron Bay) – Item 13.1
Malcolm
Robertson (Manager Open Spaces and Facilities) – Item 13.1
Rebecca
Richardson (Consultant - Urbanista) – Item 13.14
Chris
Larkin (Manager Sustainable Development) – Item 13.10
Cameron
Thiessen (Planner) – Item 13.12
Storm
Townsend (Minute Taker)
The Mayor opened the meeting and acknowledged that
the meeting is being held on Arakwal Country and that we pay our respects to
the elders past and present and extend our respect to the Bundjalung clans
whose lands and waters are part of the Shire.
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 Organisation
|
Submission Received in
form of
|
|
13.1
|
Byron Bay Foreshore Concept Plans
|
For
|
Rusty Miller
|
Surfers
|
In Person
|
|
Anthony Pangallo
|
Byron Bay Masterplan Advisory Group
|
Read by Staff
|
|
Against
|
Jan Barham
|
Self
|
By Phone
|
Submissions
|
Subject
|
Name
|
Representing Organisation
|
Submission Received in
form of
|
|
Rooster dumping, hatching program
|
Julie O’Shea
|
Who Gives a Cluck
|
In Person
|
|
Pre-purchase of burial plots in the Byron Bay shire
|
Michelle Kelly and Bianca Durand
|
Self
|
In Person
|
|
Byron Shire 60 day STRA cap enforcement
|
David Wallace
|
Victims of Holiday Letting (VOHL)
|
In Person
|
|
Planning delay from Investigation Area 6 boundary
ambiguity
|
Rob Janson
|
ACMWare
|
In Person
|
Question
No. 1 Support for affordable housing
Rob Janson, on behalf of ACMWare, asked the following
question:
Will this Council re-exhibit the updated strategy (Residential
Strategy) to allow planning to commence for the Mullumbimby Eco Village and
allow affordable housing to start, to plan it out, to get it to happen as soon
as possible?
The Mayor took the question on notice.
Question No. 2 Mullumbimby
Road Works
Kirsty Nugent asked the following question:
Did the infrastructure department approach land owners on
either side of the works on Mullumbimby road to ascertain interest for use of
their land to construct a side road to facilitate road works and reduce detour
requirements there by impacting the amenity of fewer residents?
The
Director Infrastructure Services responded:
Staff considered several options to maintain traffic flow
and minimise impacts to residents and the wider community during the proposed
Mullumbimby Road Upgrade, including temporary road widening.
However, this option was deemed unfeasible due to its
environmental, drainage, potential liability, cost, and time implications to
the project.
The meeting adjourned at 3.46pm for a recess
break and reconvened at 4.13pm.
Apologies
|
|
Procedural
Motion
|
|
25-184
|
Resolved that the apology from Cr Pugh be accepted and a
leave of absence granted.
(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.
Requests for Leave of Absence
|
|
Procedural
Motion
|
|
25-185
|
Resolved that Cr Hauge be granted a leave of
absence from the 30 June 2025 Council meeting.
(Ndiaye/Dods)
The motion was put to the vote and
carried unanimously.
|
Declarations of Interest – Pecuniary and
Non-Pecuniary
There were no Declarations of Interest tabled.
Tabling
of Pecuniary Interest Returns
There were no Pecuniary Interest Returns tabled.
Adoption
of Minutes from Previous Meetings
|
25-186
|
Resolved that the minutes of the Ordinary Meeting held 24
April 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:
Staff Reports
General Manager
Report No.
13.1 Byron Bay Foreshore Concept Plans
Corporate and Community Services
Report No.
13.2 Grants May 2025
Report No.
13.3 Mayor and Councillor Remuneration 2025/26
Report No. 13.5 Meeting
Schedule 2025 - Timing of Meetings
Report No. 13.7 Council
Resolutions Quarterly Review - Q3 - 1 February 2025 to 31 March 2025
Report No.
13.8 Policies for Review
Report No.
13.9 Appointment of Councillor Representative to
Mullumbimby Showground Land Manager
Report No.
13.10 2024/25 Loan Borrowings
Sustainable Environment and Economy
Report No.
13.12 PLANNING - 26.2021.4.1 - Planning Proposal for 268 Ewingsdale
Road Byron Bay
Report No.
13.13 PLANNING - Submissions report - Amendments to Byron Shire DCP
2014 Chapter C2: Areas Affected by Flood
Report No.
13.14 Draft Affordable Housing Contribution Policy, Affordable
Housing Contribution Scheme Procedure, Affordable Housing Planning Agreement
Procedure and Affordable Housing Contribution Distribution Plan 2025
Confidential
Reports
General Manager
Report No.
16.1 Confidential
- Court proceedings over DA for 17-lot industrial subdivision - 288
Ewingsdale Road, Byron Bay
Late Reports
Report No. 17.1 Call for
nominations for appointment to the Cape Byron Marine Park Advisory Committee
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr Swain
and seconded by Cr Lyon. Each recommendation is recorded with a separate
resolution number commencing at Resolution No. 25-187 and concluding
with Resolution No. 25-197.
Staff Reports - Corporate and
Community Services
|
|
Report No. 13.4 Budget
Review - 1 January to 31 March 2025
File No: I2025/441
|
|
25-187
|
Resolved that
Council:
1. Authorises
the itemised budget variations as shown in Attachment 2 (#E2025/43407) which
include the following results in the 31 March 2025 Quarterly Review of the
2024/2025 Budget:
a) General
Fund – $0 movement to the Estimated Unrestricted Cash Result
b) General
Fund - $1,093,000 decrease in reserves
c) Water
Fund - $495,000 increase in reserves
d) Sewerage
Fund - $948,200 increase in reserves
2. Adopts the revised General Fund
Estimated Unrestricted Cash Surplus of $400,000 for the 2024/2025 financial
year as at 31 March 2025. (Swain/Lyon)
|
|
|
Report No. 13.6 2024/25
Operational Plan Progress Report - Quarter 3 - March 2025
File No: I2025/468
|
|
25-188
|
Resolved that
Council:
1. Notes
the 2024/25 Operational Plan Quarter 3 Report for the period ending 31 March
2025 (Attachment 1 #E2025/41786).
2. Adopts
the proposed amendments to the Operational Plan 2024/25 outlined in
Attachment 2 (#E2025/17650). (Swain/Lyon)
|
|
|
Report No. 13.11 Council
Investments - 1 April 2025 to 30 April 2025
File No: I2025/695
|
|
25-189
|
Resolved that Council
notes the report listing Council’s investments and overall cash
position as of 30 April 2025. (Swain/Lyon)
|
Reports of Committees –Corporate
and Community Services
|
|
Report No. 14.1 Report
of the Arts Advisory Committee Meeting held on 17 April 2025
File No: I2025/552
|
|
25-190
|
Resolved
that Council notes the minutes of the Arts Advisory Committee Meeting
held on 17 April 2025. (Swain/Lyon)
|
|
25-191
|
Resolved:
Report No.
4.1 Resignation of Arts Advisory Committee Member
File No: I2025/340
Committee Recommendation 4.1.1
That:
1. Council
accepts the resignation of Marisa Snow from the Arts Advisory Committee
effective 13 March 2025 due to temporary employment with Byron Shire Council;
and
2. Should
the vacancy not be filled prior to the cessation of Marisa Snow’s
employment with Byron Shire Council, that upon the receipt of an acceptable
nomination from Marisa Snow, Marisa Snow be reappointed to the Arts Advisory
Committee without the requirement to:
a) Be
re-endorsed by Council; and
b) Undertake
a further induction process. (Swain/Lyon)
|
Reports of Committees -
Infrastructure Services
|
|
Report No. 14.2 Report
of the Water and Sewer Advisory Committee Meeting held on 17 April 2025
File No: I2025/631
|
|
25-192
|
Resolved that Council
notes the minutes of the Water and Sewer Advisory Committee Meeting held on
17 April 2025. (Swain/Lyon)
|
|
25-193
|
Resolved that Council adopts the following Committee Recommendations:
Report No.
4.1 Integrated Planning and Reporting
File No: I2025/481
Committee Recommendation 4.1.1
That the Water and Sewer
Advisory Committee:
1. Notes
Council’s Integrated Planning and Reporting Framework;
2. Notes
Council’s priorities as identified by Councillors for the 2025 –
2029 and Delivery Program. (Swain/Lyon)
|
|
25-194
|
Resolved that Council adopts the
following Committee Recommendations:
Report No.
4.2 Mullumbimby water supply strategy - High-level project plan
File No: I2025/395
Committee Recommendation 4.2.1
1. That
the Water and Sewer Advisory Committee notes the proposed project design
2. That
the Committee provides feedback to staff on how to improve the project
design, in alignment with:
a)
The aim of the project i.e. provide evidence-based
recommendations for Council to decide on a
long-term water supply strategy for Mullumbimby
b)
The need to provide best-value to ratepayers via
sustainable and efficient water services provision
3. That Council
keeps the WSAC informed of subsequent changes to the project design,
including between WSAC meetings.
4. That
Council considers in the project the investigations previously sought by the
WSAC, and recorded in its Minutes for the meeting of 19 July 2024.
(Swain/Lyon)
|
|
|
Report No. 14.3 Report
of the Transport and Infrastructure Advisory Committee Meeting held on 17
April 2025
File No: I2025/632
|
|
25-195
|
Resolved that Council
notes the minutes of the Transport and Infrastructure Advisory Committee
Meeting held on 17 April 2025. (Swain/Lyon)
|
|
|
Report No. 14.4 Report
of the Local Traffic Committee Meeting held on 6 May 2025
File No: I2025/663
|
|
25-196
|
Resolved that Council
notes the minutes of the Local Traffic Committee Meeting held on 6 May 2025. (Swain/Lyon)
|
|
25-197
|
Resolved that
Council adopts the following Committee Recommendations:
Report No.
6.1 Byron Writers Festival 2025
File No: I2025/366
Committee Recommendation:
1. That
the Local Traffic Committee supports the traffic management associated with
the Writers Festival in Bangalow from the 8 August 2025 to 10 August 2025.
2. That
the Local Traffic Committee supports the TCP to be approved for a two year
period (2025/2026) subject to Council’s assessment of smooth operation
of the TMP for 2025 with little to no negative feedback.
3. That
the Local Traffic Committee support is subject to:
a) separate
approvals by NSW Police and TfNSW being obtained;
b) implementation
of the Traffic Management Plan and Traffic Guidance Scheme/s, by those with
appropriate TfNSW accreditation and the holding of current and appropriate
levels of insurance and liability cover;
c) the
impact of the event be advertised, and charged at cost to the organisers, via
a notice in the local weekly paper and Variable Message Signage (VMS) a
minimum of one week prior to the operational impacts taking effect, noting it
must include the event name, specifics of any traffic impacts or road
closures and times, alternative route arrangements, event organiser, a
personal contact name and a telephone number for all event related enquiries
or complaints;
d) the
event be notified on Council’s web page and social media with the event
organiser supplying Council with the relevant information;
4. The
event organiser to:
a) inform
the community and businesses that are directly impacted (e.g. within road
closure zones) via written information which is delivered to the property in
a timely manner so as to document, consider and respond to any concerns
raised;
b) arranging
for private property access and egress affected by the event;
c) liaising
with bus, taxi and waste operators and ensuring arrangements are made for
provision of services during conduct of the event;
d) consulting
with emergency services and any identified issues be addressed;
e) holding
$20m public liability insurance cover which is valid for the event;
f) not
place any signage on the road related area of the Pacific Highway.
(Swain/Lyon)
|
The motions (25-187 to 25-197) were put to
the vote and carried unanimously.
|
|
Procedural
Motion
|
|
25-198
|
Resolved that Council change the order of business to deal
with Reports 13.1, 13.14, 13.10, 13.12 and 13.13 next on the Agenda. (Ndiaye/Hauge)
The motion was put to the vote and carried unanimously.
|
Staff Reports - General Manager
|
|
Report No. 13.1 Byron
Bay Foreshore Concept Plans
File No: I2025/621
|
|
25-199
|
Resolved that Council:
1. Adopts
the Byron foreshore concept plan included in Attachment 1 (E2025/46396).
2. Continues
to engage with key stakeholders, including the Byron Bay Surf Lifesaving Club
and the Byron Masterplan Guidance Group, throughout the detailed design
process of each component.
3. Awaits
the outcome of the preferred modification option for the coastal protection
structure as part of Stage 3 CMP preparation, before continuing community
discussions and design workshops to develop a concept plan for the foreshore
precinct parking.
4. Notes
the proposed actions within the priority actions table, and:
a) Places
the design for new Apex Park amenities on public exhibition for feedback and
reports outcomes back to Council;
b) Prioritises
the design of a new play space for Apex Park;
c) Endorses
staff beginning succession and additional planting along the foreshore in
areas that won’t be impacted by future construction;
d) Endorses
the design for kayak storage;
e) Shares
the community’s feedback related to the Beach Café relocation
with Crown Lands and encourages further community consultation through the
Crown’s planning and approval process.
f) Notes
preference to minimise aesthetic impact of pathways, considering provision of
equal access for both current and future use, emergency beach access and surf
club activities, and requests review of pedestrian movement across the site
to better inform pathway detail design. (Dods/Ndiaye)
|
|
|
Procedural
Motion
|
|
25-200
|
Resolved that Cr Dods be granted a two minute extension to
his speech.
(Ndiaye/Lowe)
The motion was put to the vote and
carried unanimously.
|
The motion (25-199) was put to
the vote and carried unanimously.
Staff Reports - SUStainable
environment and economy
|
|
Report No. 13.14 Draft
Affordable Housing Contribution Policy, Affordable Housing Contribution
Scheme Procedure, Affordable Housing Planning Agreement Procedure and
Affordable Housing Contribution Distribution Plan 2025
File No: I2025/526
|
|
25-201
|
Resolved that
Council:
1. Acknowledges
continued high housing costs both for purchase and rental have increased the
difficulties for low and moderate-income households to access housing they
can afford in Byron Shire.
2. Notes
the Council initiatives to help deliver affordable housing for our community
including the collection of contributions from landowners when their
land is upzoned.
3. Endorses
the draft Affordable Housing Contribution
Policy, Affordable Housing Contribution Scheme Procedure, Affordable Housing
Planning Agreement Procedure and Affordable Housing Contribution Distribution
Plan (Attachments 1-4 #E2025/47836, #E2025/47838, #E2025/47837, #E2025/47839)
for public exhibition for a period of 6 weeks.
4. Notes
that an expression of interest calling for accredited community housing
providers to join our community housing provider register will run concurrent
with the public exhibition period in item 3.
5. Receives
a report on the outcomes of items 3 and 4 following the public exhibition and
expression of interest period. (Lyon/Ndiaye)
The motion
was put to the vote and carried unanimously.
|
Staff Reports - Corporate and Community
Services
|
|
Report No. 13.10 2024/25
Loan Borrowings
File No: I2025/646
|
|
25-202
|
Resolved that:
1. Pursuant
to Section 10A(2)(d)i of the Local Government Act, 1993, Council resolves to
move into Confidential Session to discuss the report 2024/25 Loan Borrowings.
2. The
reasons for closing the meeting to the public to consider this item be that
the report contains commercial information of a confidential nature that
would, if disclosed prejudice the commercial position of the person who
supplied it.
3. On
balance it is considered that receipt and discussion of the matter in open
Council would be contrary to the public interest, as the discussion
may involve the proposed sale of council land. (Lyon/Dods)
The motion was put to the vote
and carried unanimously.
|
|
25-203
|
Resolved
that Council:
1. Authorises
the borrowing of $3,500,000 in new loan borrowings for the 2024/25 financial
year for the purposes of roundabout construction at Lot 12 Bayshore Drive
Byron Bay;
2. Delegates
to the General Manager to accept a loan finance offer based on terms most
favourable to Council on the basis of a three year interest only loan
maturing no later than 30 June 2028;
3. Authorises
the affixing of the Council Seal to all documents that may require it if
applicable;
4. Allocates
$5,145,000 from the Sewerage Capital Works Reserve to fund the full repayment
of Loan No 59 that occurred on 4 December 2024 in lieu of refinancing as per
Resolution 24-523, for reasons outlined in the report; and
5. Closes
Resolution 24-523 regarding the refinance of Sewerage Loan No 59.
(Lyon/Ndiaye)
|
|
|
Procedural
Motions
|
|
25-204
|
Resolved that Cr Lyon be granted a one minute extension to
his speech. (Ndiaye)
The motion was put to the vote and
carried unanimously.
|
|
25-205
|
Resolved that the
meeting move out of confidential session. (Hauge/Lyon)
The motion was put to the vote and
carried unanimously.
|
The motion (25-203) was put to
the vote and carried unanimously.
Staff Reports - SUStainable
environment and economy
|
|
Report No. 13.12 PLANNING -
26.2021.4.1 - Planning Proposal for 268 Ewingsdale Road Byron Bay
File No: I2025/388
|
|
25-206
|
Resolved that
Council:
1. Proceeds
with the Planning Proposal (Attachment 1 #E2025/32579) to amend Byron LEP
2014 to rezone the subject land from RU2 Rural Landscape to E4 General Industrial,
C2 Environmental Conservation and C3 Environmental Management, and apply
other relevant planning controls;
2. Accepts
the applicant’s letter of offer to enter into a Planning Agreement
(Attachment 11 #E2025/42998) with Council as part of this Planning Proposal;
3. Requires
that a draft Planning Agreement be prepared in accordance with the letter of
offer and exhibited concurrently with the Planning
Proposal;
4. Prior
to requesting a Gateway determination, requires confirmation from Bundjalung
of Byron Bay Aboriginal Corporation “BOBBAC” (previously Arakwal
Corporation) that it supports the rezoning of land over which it holds Native
Title and requires the proponent submit documentation to confirm status of
the negotiations relating to the purchase of Lot 7022 from Crown Lands;
5. Pending
submission of documentation in item 4, finalises and forwards the Planning
Proposal and supporting documentation, to the NSW Department of Planning,
Housing and Infrastructure for the purpose of obtaining a Gateway
determination;
6. Pending
a positive Gateway determination and completion of further supporting
information, undertakes public exhibition of the planning proposal in
accordance with the determination requirements;
7. Notes
that legal drafting of the draft Planning Agreement will be prepared and
exhibited alongside the Planning Proposal; and
8. Considers
a Submissions Report post-exhibition that includes any recommended changes to
the Planning Proposal for final adoption. (Dods/Lowe)
The motion
was put to the vote and declared carried.
Crs Ndiaye, Lyon, Dods, Swain,
Warth, Kay and Hauge voted in favour of the motion.
Cr Lowe voted against the motion.
|
|
|
Report No. 13.13 PLANNING -
Submissions report - Amendments to Byron Shire DCP 2014 Chapter C2: Areas
Affected by Flood
File No: I2025/456
|
|
25-207
|
Resolved
that Council:
1. Adopts
the amended DCP 2014 Chapter 2: Areas Affected by Flood as contained in
Attachment 1 (E2025/38635);
2. Amends
the DCP Part A to reflect updated flood-related terminology consistent with
DCP 2014 Chapter 2: Areas Affected by Flood; and
3. Publishes
the adopted Chapter C2 on its website as required by the Environmental
Planning and Assessment Act and Regulation. (Hauge/Ndiaye)
The motion
was put to the vote and declared carried.
Crs Ndiaye, Lyon, Dods, Swain,
Warth, Lowe, Kay and Hauge voted in favour of the motion.
Nil voted against the motion.
|
NOTICES OF MOTION
|
|
Notice of Motion No. 9.1 Mayor's Discretionary
Allowance
File No: I2025/627
|
|
25-208
|
Resolved
that Council:
1. Notes
the following donation from the Mayor’s Discretionary Allowance
2024/2025:
a) Mullumbimby
and District Neighbourhood Centre - $1,500
2. Advertises
the donation in accordance with Section 356 of the Local Government Act 1993. (Ndiaye/Hauge)
The motion was put to the vote and
carried unanimously.
|
Mayoral Minute
No Mayoral Minute was presented.
Petitions
No Petitions were tabled at the meeting.
Delegates' Reports
Cr Dods provided a Delegates Report on his attendance at the
World Volunteers morning tea.
Cr Ndiaye provided a Delegates Report on her attendance at
the Rous meeting.
Cr Ndiaye provided a Delegates Report on
her attendance, with Cr Dods, with staff from Minister Graham’s office in
relation to the Special Entertainment Precinct and the Nighttime Economies.
Cr Ndiaye provided a Delegates Report on
her meeting with staff from AirBNB on the 60 day STRA cap.
Staff
Reports - Corporate and Community Services
|
|
Report
No. 13.2 Grants May 2025
File No: I2025/141
|
|
25-209
|
Resolved
that Council notes the Grant Submissions Report for the month of April
2025 (Attachment 1 #E2025/44539). (Ndiaye/Dods)
The motion was put to the vote and
carried unanimously.
|
|
|
Report No. 13.3 Mayor
and Councillor Remuneration 2025/26
File No: I2025/404
|
|
|
Moved that Council:
1. Fixes
the fee payable to each Councillor under section 248 of the Local
Government Act 1993 for the period 1 July 2025 to 30 June 2026 at $27,860;
2. Fixes
the fee payable to the Mayor under section 249 of the Local Government Act
1993, for the period from 1 July 2025 to 30 June 2026 at $68,800;
3. Determines
a fee payable to the deputy mayor of $10,000; and
4. Reconsiders the fee
payable to the Deputy Mayor at the time of the Deputy Mayoral election in
September 2025. (Lyon/Warth)
|
|
|
Procedural Motion
|
|
25-210
|
Resolved that Cr
Ndiaye be granted a one minute extension to her speech. (Ndiaye/Lowe)
The motion was put to the vote and
carried unanimously.
|
The motion (Lyon/Warth) was put to the
vote and declared lost.
Cr Lyon voted in favour of the motion.
Crs Ndiaye, Dods, Swain, Warth, Kay,
Hauge and Lowe voted against the motion.
FORESHADOWED MOTION
|
25-211
|
Resolved that Council:
1. Fixes
the fee payable to each Councillor under section 248 of the Local
Government Act 1993 for the period 1 July 2025 to 30 June 2026 at
$27,860;
2. Fixes
the fee payable to the Mayor under section 249 of the Local Government Act
1993, for the period from 1 July 2025 to 30 June 2026 at $68,800;
3. Does
not determine a fee payable to the Deputy Mayor, in accordance with current
practice.
4. Continues
to lobby for a separate category for payment to the Deputy Mayor role.
(Ndiaye/Dods)
The motion was put to the vote and
carried unanimously.
|
The meeting adjourned at 6.20pm for a dinner
break and reconvened at 7.07pm.
Cr Hauge left the Chambers at 6.20pm
and did not return.
|
|
Report No. 13.5 Meeting
Schedule 2025 - Timing of Meetings
File No: I2025/643
|
|
25-212
|
Resolved that:
1. Council
Planning and Ordinary Meetings be scheduled to commence at 3pm for the
remainder of 2025.
2. In
the preparation of the 2026 schedule, consideration be given to a three
weekly meeting frequency. (Ndiaye/Swain)
The motion was put to the vote and
carried unanimously.
Cr Hauge was not present for the
vote.
|
|
|
Report No. 13.7 Council
Resolutions Quarterly Review - Q3 - 1 February 2025 to 31 March 2025
File No: I2025/469
|
|
25-213
|
Resolved
that Council:
1. Notes
the information provided in this report on active Council Resolutions in
Attachment 1 (#E2025/34607).
2. Notes
the completed Council Resolutions in Attachment 2 (#E2025/35477).
(Ndiaye/Dods)
The motion was put to the vote and
carried unanimously.
Cr Hauge was not present for the
vote.
|
|
|
Report No. 13.8 Policies
for Review
File No: I2025/628
|
|
25-214
|
Resolved that
Council:
1. Repeals
the Commercial and Other Activities on Public Land and Roads Policy.
2. Places
the Communications and Social Media Policy (E2024/92716) on public exhibition
for a period of 28 days, and that:
a) Should
submissions be received, the Policy be reported back to Council to consider
submissions prior to adoption of the Policy.
b) Should
no submissions be received the Policy be adopted
3. Adopts
the Child Safe Policy (E2025/48027).
4. Discusses
options for developing a culturally appropriate cemeteries policy at an
upcoming councillor workshop.
5. That
the next Policy Review Report in August 2025 include a status update on the
currency of all adopted Policies. (Lowe/Ndiaye)
The motion was put to the vote and
carried unanimously.
Cr Hauge was not present for the
vote.
|
|
|
Report No. 13.9 Appointment
of Councillor Representative to Mullumbimby Showground Land Manager
File No: I2025/641
|
|
25-215
|
Resolved that
Council:
1. Notes
Cr Swain has resigned as Council’s representative on the Mullumbimby
Showground Land Manager.
2. Appoints
Cr Lyon to replace Cr Swain to represent Council on the Mullumbimby
Showground Land Manager. (Swain/Lyon)
The motion was put to the vote and
carried unanimously.
Cr Hauge was not present for the
vote.
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Procedural
Motion
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25-216
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Resolved that Council change the order of business to deal
with Report 17.1 next on the Agenda. (Ndiaye/Dods)
The motion was put to the vote and
carried unanimously.
Cr Hauge was not present for the
vote.
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Late Reports
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Report No. 17.1 Call
for nominations for appointment to the Cape Byron Marine Park Advisory
Committee
File No: I2025/722
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25-217
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Resolved that Council
nominates Cr Warth to represent Council on the Cape Byron Marine Park
Advisory Committee. (Warth/Ndiaye)
The motion was put to the vote and
carried unanimously.
Cr Hauge was not present for the
vote.
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Confidential
Reports - General Manager
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Report No. 16.1 Confidential - Court proceedings over
DA for 17-lot industrial subdivision - 288 Ewingsdale Road, Byron Bay
File No: I2025/626
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25-218
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Resolved that:
1. Pursuant
to Section 10A(2)(g) of the Local Government Act, 1993, Council resolves to
move into Confidential Session to discuss the report Court proceedings over
DA for 17-lot industrial subdivision - 288 Ewingsdale Road, Byron Bay.
2. The
reasons for closing the meeting to the public to consider this item be that
the report contains:
a) advice
concerning litigation, or advice as comprises a discussion of this matter,
that would otherwise be privileged from production in legal proceedings on
the ground of legal professional privilege
3. On
balance it is considered that receipt and discussion of the matter in open
Council would be contrary to the public interest, as the Report
discusses a confidential and without prejudice conciliation conference as
part of ongoing Land and Environment Court proceedings. (Ndiaye/Dods)
The motion was put to the vote and
carried unanimously.
Cr Hauge was not present for the
vote.
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25-219
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Resolved
that the General Manager is delegated the authority to enter a
Conciliation Agreement to resolve the Land and Environment Court proceedings
of Hannas Contracting Services Pty Ltd vs Byron Shire Council on terms
consistent with this report.
(Dods/Ndiaye)
The motion
was put to the vote and carried unanimously.
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Procedural
Motion
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25-220
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Resolved that the
meeting move out of confidential session. (Ndiaye/Lowe)
The motion was put to the vote and
carried unanimously.
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There being no further business
the meeting concluded at 7.33pm.
I hereby
certify that these are the true and correct Minutes of this Meeting
as
confirmed at Council’s Ordinary Meeting on 12 June 2025.
….…………………………
Mayor Sarah Ndiaye
Minutes