BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
12 June 2025
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 12 June 2025 COMMENCING
AT 9:01AM AND
CONCLUDING AT 6:29PM.
I2025/859
PRESENT: Cr
S Ndiaye (Mayor), Cr J Dods, Cr E Hauge, Cr D Kay, Cr M Lowe,
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)
Shannon
Burt (Director Sustainable Environment and Economy)
Matt
Meir (Legal Counsel)
Chris
Larkin (Manager Sustainable Development)
Chris
Soulsby (Manager Assets and Major Projects)
Samuel
Frumpui (Manager Works)
Sarah
Nagel (Manager Public and Environmental Services)
Heather
Sills (Manager Corporate Services)
Storm
Townsend and Sarah McCabe (Minute Takers)
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
|
|
9.1
|
Saddle Road and Mullumbimby Road Works
|
For
|
Matthew O’Reilly
|
Self
|
In Person
|
|
9.2
|
Protection of the Environment
|
For
|
Mary Fox
|
Organic Landcare Incorp
|
In Person
|
|
9.4
|
Key Worker Housing at the Rear of the Byron CoLab
Building (Former Byron Hospital)
|
For
|
Ray Arthur
|
Self
|
In Person
|
|
9.5
|
Unauthorised Camping in Brunswick Heads
|
Against
|
Genevieve Lee
|
One Roof Byron Inc- Homelessness Charity
|
In Person
|
|
Chels Hood Withey
|
House You
|
In Person
|
|
9.8
|
Investigation of Traffic Calming Measures at Sporting
Fields Shire-wide
|
For
|
Kate Walsh
|
Self
|
Read by Staff
|
|
9.10
|
Mullumbimby Tennis Courts Licence
|
For
|
Damian Kassabgi
|
North East Tennis (NET) Community
|
In Person
|
|
Against
|
Hugh Morgan
|
Self
|
In Person
|
|
|
Procedural
Motion
|
|
25-221
|
Resolved that Public
Access be extended for one hour. (Ndiaye/Hauge)
The motion was put to the vote and
carried unanimously.
|
The meeting adjourned at 10.13am for a
recess break and reconvened at 10.22am.
|
Report No and Title
|
For/
Against
|
Name
|
Representing Organisation
|
Submission Received in
form of
|
|
12.8
|
Special Entertainment Precinct Planning Meeting with
Minister Graham’s Office
|
Against
|
Meddles Bekirofski
|
Self
|
In Person
|
|
13.1
|
Licencing for 18 Fletcher Street, Byron Bay (Fletcher
St Cottage)
|
For
|
Louise O’Connell
& Bruce Clarke
|
Byron Community Centre
|
In Person
|
|
13.6
|
Review of Council's Codes of Conduct
|
Against
|
Jan Barham
|
Self
|
Read by Staff
|
|
Report No and Title
|
For/
Against
|
Name
|
Representing Organisation
|
Submission Received in
form of
|
|
13.9
|
PLANNING - DA10.2024.168.1 - Additions to an Existing
Multiple Occupancy approved under DA10.2022.181.1 consisting of 4 additional
dwelling sites and Community Title Subdivision in two stages of 9 lots and 4
lots at 510 Goonengerry Rd Montecollum
|
For
|
Luke Houghton
|
Balanced Systems Planning Consultants
|
In Person
|
Cr Dods left the chambers at 10.42am in accordance with
his Declaration of Interest.
|
Report No and Title
|
For/
Against
|
Name
|
Representing
Organisation
|
Submission Received in
form of
|
|
13.11
|
Planning Agreement - 53 McAuleys Lane Development
Application 10.2023.454.1
|
For
|
Matthew O’Reilly
|
Self
|
In Person
|
|
Dwayne Roberts
|
Ardill Payne and Partners
|
In Person
|
|
John Callanan
|
Self
|
Read by Staff
|
|
Against
|
Sharon McGrath
|
Self
|
In Person
|
|
Richard Kowalski
|
Self
|
In Person
|
Cr Dods returned to the Chambers at 11.13am.
|
Report No and Title
|
For/
Against
|
Name
|
Representing
Organisation
|
Submission Received in
form of
|
|
13.16
|
Heritage buildings in Mullumbimby
|
For
|
Susan Essie Tsicalas
|
Brunswick Valley Historical Society Inc
|
In Person
|
|
13.17
|
PLANNING - 10.2024.155.1 Alterations and additions to
existing multi-dwelling housing development comprising the construction of
six (6) x one (1) bedroom dwellings, the construction of two (2) x two (2)
bedroom dwellings, and the construction of additional car parking, resulting
in a total of twenty (20) dwellings, at 1 Kendall Street, Byron Bay
|
For
|
Kate Singleton
|
Planners North
|
In Person
|
Cr Dods left the chambers at 11.19am in accordance with
his Declaration of Interest.
|
Report No and Title
|
For/
Against
|
Name
|
Representing
Organisation
|
Submission Received in
form of
|
|
14.4
|
Report of the Local Traffic Committee Meeting held on 3
June 2025
|
Against
|
Sharon McGrath
|
Self
|
In Person
|
|
|
|
|
|
|
Cr Dods returned to the Chambers at 11.28am.
Submissions
|
Subject
|
Name
|
Representing Organisation
|
Submission Received in form
of
|
|
A request for moratorium on any further development in
Bayside Brunswick heads given the destructive effects of existing storm water
drain and further pollution into the Simpson Creek due to lack of funding to
upgrade system to meet functional engineering standards
|
Annie Radermacher
|
Bayside Brunswick Heads Residents
|
In Person
|
Question
No. 1 Bayside Brunswick Heads Moratorium
Annie Radermacher asked the following question:
Can a moratorium on any further development in Bayside
Brunswick heads given the destructive effects of existing storm water drain and
further pollution into the Simpson Creek due to lack of funding to upgrade
system to meet functional engineering standards?
The Mayor took the question on
notice.
Submissions continued
|
Subject
|
Name
|
Representing Organisation
|
Submission Received in
form of
|
|
The importance of a culture of transparency and
honesty in the age of AI
|
Rob Janson
|
Self
|
In Person
|
Cr Dods left the chambers at 11.32am in accordance with
his Declaration of Interest.
|
Subject
|
Name
|
Representing Organisation
|
Submission Received in
form of
|
|
Compulsory Acquisition
|
Jennifer MacLean
|
Self
|
In Person
|
Cr Dods returned to the chambers at 11.38am.
|
Subject
|
Name
|
Representing Organisation
|
Submission Received in
form of
|
|
Suffolk Park Beachfront Caravan Park
|
Richard Dean
|
Self
|
In Person
|
Question No. 2 Suffolk
Park Beachfront Caravan Park
Richard Dean asked the following question:
Why are decisions made by Council that directly affect
residents of Suffolk Park Beachfront Holiday Park without any required
consultation?
The General
Manager took the question on notice.
Question
No. 4 Wildlife Corridors on Council land
Jan Barham asked the following question (as read by staff):
On the 24th April, I asked a question about the Wildlife
Corridor mapping not being identified on councils land. The Directors
response was that public land needs to be treated differently because
additional legislation applies to public land that does not apply to private
land and advises that more detail was in the December 2023 report.
My question was because that report hadn't provided the
legislative detail and that’s why I requested explanation.
So could the legislation detail please be provided so
I’m able to understand why this is the case? If references are given, I
will look it up.
The Mayor
took the question on notice.
The meeting adjourned at 11.43am
for a recess break and reconvened at 12.04pm.
Apologies
There
were no apologies.
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
Cr Dods declared a non-pecuniary
interest in Report 13.10. The nature of the interest being that Cr Dods declared
a significant non-pecuniary interest in DA 10.2024.239 for a Gym at 38 Tweed St
Brunswick Heads. A modification to this DA (10.2024.239.3) came before the May
1 2025 Planning Review Committee, for which Cr Dods declared the same interest.
Cr Dods is declaring the interest again as this item relates to the adoption of
the minutes from that meeting. Cr Dods elected to leave the Chamber and will
not participate in discussion and the vote.
Cr Hauge declared a non-pecuniary interest in Report 13.10. The
nature of the interest being that she was engaged as a consultant in her
previous employment on 38 Tweed Street. Cr Hauge elected to leave the
Chamber and will not participate in discussion and the vote.
Cr Warth declared a pecuniary interest in Report 13.10. The
nature of the interest being that he received campaign funding from the part
owner. Cr Warth elected to leave the Chamber and will not participate in
discussion and the vote.
Cr Lyon declared a pecuniary interest in Report 13.10. The
nature of the interest being that one of his election donors is an associate of
the developer. Cr Lyon elected to leave the
Chamber and will not participate in discussion and the vote.
Cr Dods declared a pecuniary interest in Report 13.11. The
nature of the interest being that a relative of Cr Dods, as defined by the Code
of Conduct, is a part-owner of the development relating to this Voluntary
Planning Agreement. As this VPA relates directly to the recommended approval of
the DA (to be determined by the NRPP on June 18), Cr Dods considers the item to
be Pecuniary. Cr Dods was also engaged in his personal professional capacity as
a design consultant during the DA preparation for this application. Cr Dods
elected to leave in the Chamber and will not participate in discussion and the
vote.
Cr Dods declared a non-pecuniary interest in Report 13.12.
The nature of the interest being that part of this Status Report gives an
update on the assessment of DA 2023.454.1 - Community Title Subdivision at 53
McAuleys Ln Myocum. Cr Dods was professionally engaged during the DA
preparation for this application. Cr Dods considers the interest in this
particular item to be significant but non-pecuniary because: a) It is a public
status report; b) It only requires Councillors to note the report; c) The
relevant DA is being determined by the NRPP (not Council), and; d) The nature
of this item relates to the Status Report, not the respective DA. e) The report
notes the DA is finally due for determination by the NRPP on June 18, making it
a significant interest. f) A relative of Cr Dods, as defined by the Code of
Conduct, is a part-owner of the land in question; and g) The matter is
non-pecuniary, as there will be no financial gain or loss to the relative
regardless of whether this report is noted not. Cr Dods elected to leave the
Chamber and will not participate in discussion and the vote.
Cr Dods declared a non-pecuniary interest in Report 13.17.
The nature of the interest being that Cr Dods has a past, minor business
relationship with Planners North (PN), who is the planner for this DA. Cr
Dods’ relationship with PN is infrequent and not particularly close as
defined by Clause 5.9 (b) of the Code of Conduct for Councillors Policy.
Cr Dods elected to remain in the Chamber and will participate in discussion and
the vote.
Cr Dods declared a non-pecuniary interest in Report 14.4.
The nature of the interest being that Cr Dods declared a non-pecuniary interest
in item 6.5 of the Local Traffic Committee held on June 3, and recused himself
from the meeting for that item. The item related to the intersection of Saddle
Rd and Mullumbimby Rd, and partially related to the intersection with McAuleys
Ln, which is impacted by DA10.2023.454.1, on which Cr Dods was engaged in a
private capacity as a design consultant. Cr Dods is declaring the interest
again as this item relates to the adoption of the minutes from that LTC
meeting. Cr Dods elected to leave 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
|
25-222
|
Resolved that the minutes of the
following meetings be confirmed:
· Ordinary
Planning Meeting held 8 May 2025; and
· Ordinary
Meeting held 22 May 2025 (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 Licencing for 18 Fletcher Street, Byron Bay
(Fletcher St Cottage)
Corporate and Community Services
Report No. 13.7 Tweed
Street Pod Village - future use options
Sustainable Environment and Economy
Report
No. 13.11 Planning Agreement - 53 McAuleys Lane Development
Application 10.2023.454.1
Report No. 13.14 2023-24
Annual Inventory of Council's Greenhouse Gas Emissions
Report No.
13.15 Byron Bay Urban Design Housing Density Study
Report No.
13.16 Heritage buildings in Mullumbimby
Report No.
13.17 PLANNING - 10.2024.155.1 Alterations and additions to
existing multi-dwelling housing development comprising the construction of six (6)
x one (1) bedroom dwellings, the construction of two (2) x two (2) bedroom
dwellings, and the construction of additional car parking, resulting in a total
of twenty (20) dwellings, at 1 Kendall Street, Byron Bay
Infrastructure Services
Report No. 13.20 Mullumbimby
Pool Heating Tender
Report No.
13.21 Potential renaming of Gilmore Crescent to Tennyson Street,
Byron Bay
Reports of Committees
Corporate and Community Services
Report No.
14.1 Report of the Finance Advisory Committee Meeting
held on 15 May 2025
Sustainable Environment and Economy
Report No.
14.3 Report of the Biodiversity and Agriculture
Advisory Committee Meeting held on 13 May 2025
Infrastructure Services
Report No.
14.4 Report of the Local Traffic Committee Meeting held
on 3 June 2025
6.1 Intersection
upgrade at 189 Federal Drive
6.2 Tallowood
Stage 9 - RFS requirements for No Stopping on non perimeter roads
6.3 South
Beach Road Upgrade - Signs & Lines
6.4 Parking
changes in Fawcett Street, Brunswick Heads
6.5 Mullumbimby
Road Upgrade - The Saddle Road Intersection
7.1 Technical
advice regarding proposed upgrade works on Shelly Drive and road safety issues
at the access point of 103 Paterson Street, Byron Bay
8.1 GM
Delegations - Works Carried Out
Confidential Reports
Infrastructure Services
Report No. 16.2 Confidential - Tender Report - Byron
Drainage Upgrade Town Centre Construction
Crs Dods, Hauge, Lyon and Warth left the chambers at
12.13pm in accordance with their Declarations of Interest.
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr Kay and
seconded by Cr Swain. Each recommendation is recorded with a separate
resolution number commencing at Resolution No. 25-223 and concluding
with Resolution No. 25-239.
Staff Reports - Corporate and
Community Services
|
|
Report No. 13.2 Council
Investments - 1 May 2025 to 31 May 2025
File No: I2025/840
|
|
25-223
|
Resolved that Council
notes the report listing Council’s investments and overall cash
position as of 31 May 2025. (Kay/Swain)
|
|
|
Report
No. 13.3 Grants June 2025
File No: I2025/142
|
|
25-224
|
Resolved that Council
notes the Grant Submissions Report for the month of May 2025 (Attachment 1 #E2025/51462). (Kay/Swain)
|
|
|
Report No. 13.4 Section
355 Guidelines Update
File No: I2025/530
|
|
25-225
|
Resolved that Council
endorses the updated Section 355 Guidelines at Attachment 1 (E2025/53773). (Kay/Swain)
|
|
|
Report No. 13.5 Adoption
of a Code of Meeting Practice
File No: I2025/710
|
|
25-226
|
Resolved that
Council:
1. Notes
that the Code of Meeting Practice (#E2025/52682) incorporates both the mandatory
and non-mandatory provisions of the prescribed Model Code of Meeting Practice
for Local Councils in NSW.
2. Places
the Code of Meeting Practice on public exhibition for a period of 28 days and
invites submissions for a period of 42 days (those periods running partly
concurrently) and that:
a) Should
no submissions be received, the Code of Meeting Practice be adopted, or
b) Should
any submissions be received, those submissions be reported to Council prior
to adoption. (Kay/Swain)
|
|
|
Report No. 13.6 Review
of Council's Codes of Conduct
File No: I2025/711
|
|
25-227
|
Resolved that
Council, having reviewed its Codes of Conduct included at Attachment 1
(#E2025/54378), Attachment 3 (#E2025/54382) and Attachment 4 (#E2025/54384)
and the related Procedures for the Administration of the Code of Conduct
included at Attachment 2 (#E2025/54380), adopts these Codes and Procedures
with no adjustments. (Kay/Swain)
|
Staff Reports - Sustainable
Environment and Economy
|
|
Report No. 13.8 Update
Resolution 24-235 Byron LGA Conservation Trust
File No: I2025/525
|
|
25-228
|
Resolved that
Council:
1. Notes the
staff comments regarding Resolution 24-235 and decides not to pursue the
formation of a corporation or entity under Section 358 of the Local
Government Act for a Byron LGA Conservation Trust.
2. Supports the
investigation of other established conservation trust models from NSW and
other states for a Byron LGA Conservation Trust.
3. Refers the
investigation in point 2 to the Biodiversity and Agricultural Advisory Committee.
The Committee will consider forming a working group (with relevant key
stakeholders) to progress this investigation, identify the best and most
practical option, and decide whether to pursue a Byron LGA Conservation
Trust.
(Kay/Swain)
|
|
|
Report No. 13.9 PLANNING
- DA10.2024.168.1 - Additions to an Existing Multiple Occupancy approved
under DA10.2022.181.1 consisting of 4 additional dwelling sites and Community
Title Subdivision in two stages of 9 lots and 4 lots at 510 Goonengerry Rd
Montecollum
File No: I2025/495
|
|
25-229
|
Resolved pursuant to Section 4.16 of
the Environmental Planning & Assessment Act 1979, Development Application
No. 10.2024.168.1 for an expanded Multiple Occupancy comprising
13 dwelling sites and subsequent Community Title Subdivision in two
stages comprising 9 residential lots and 4 residential lots and associated
works be approved subject to the Conditions in Attachment 1 E2025/42244. (Kay/Swain)
|
|
|
Report No. 13.10 PLANNING -
Report of the Planning Review Committee held 1 May 2025
File No: I2025/642
|
|
25-230
|
Resolved
that Council endorses the outcomes of the Planning Review Committee
meeting held on 1 May 2025. (Kay/Swain)
|
|
|
Report No. 13.12 Status
report on Development Applications (DAs) with bodies like the Northern
Regional Planning Panel (NRPP)
File No: I2025/671
|
|
25-231
|
Resolved that Council
notes the status report on Development Applications (DAs) with bodies like
the Northern Regional Planning Panel (NRPP). (Kay/Swain)
|
|
|
Report No. 13.13 Amendment
to DCP Chapter E10 Byron Bay Town Centre to clarify use and interpretation of
controls in relation to car share spaces
File No: I2025/681
|
|
25-232
|
Resolved that
Council:
1. Proceeds
with the public exhibition of the Byron Development Control Plan 2014
amendments to Chapter E10 Byron Bay Town Centre to include the proposed new
measures for car share schemes detailed in the report;
2. Receives
a further report on the amendments that receive submissions following the
public exhibition period; and
3. Notes
that should there be no submissions received (to certain or any amendments),
that the amendment to the DCP be adopted as of the close of the statutory
public exhibition period date and notified accordingly. (Kay/Swain)
|
|
|
Report No. 13.18 PLANNING -
Determination of certain s4.55 Applications during the Council recess
File No: I2025/762
|
|
25-233
|
Resolved
that Council:
1. Delegates
to the General Manager the determination of s4.55 modification applications
that are to address errors, anomalies, redundancies, or minor changes to
Development Applications that were approved by Council, and result in minimal
change to design or impact to that originally approved; and
2. Receives
a report back at the first available meeting with details of any DA approvals
made under this delegation. (Kay/Swain)
|
Reports of Committees - Corporate
and Community Services
|
|
Report No. 14.2 Report
of the Audit, Risk and Improvement Committee Meeting held on 13 May 2025
File No: I2025/828
|
|
25-235
|
Resolved that Council
notes the minutes of the Audit, Risk and Improvement Committee Meeting held
on 13 May 2025. (Kay/Swain)
|
|
25-236
|
Resolved that Council adopts the following Committee Recommendation:
Report No.
5.1 2024-2025 External Audit Engagement Plan
File No: I2025/270
Committee Recommendation 5.1.1
That Council notes the External Audit Engagement Plan
prepared by the Audit Office of New South Wales for the year ended 30 June
2025 as outlined in Confidential Attachment 1 (#E2025/23957). (Kay/Swain)
|
|
25-237
|
Resolved that Council adopts the following Committee Recommendation:
Report No.
5.2 Internal Audit Report Q3 2024-2025 & Draft Section 10.7 Certificate
Internal Audit Report
File No: I2025/546
Committee Recommendation 5.2.1
That Council:
1. Notes
the Internal Audit Status Report – May 2025 and the Internal Audit
Recommendations Report for Quarter 3 2024-2025.
2. Endorses
the recommendations from the Executive Team to close off 8 internal audit
recommendations from Q3, as listed in Table 1 of this report.
3. Endorses
the modified recommendations and agreed management actions made in the draft
Section 10.7 Certificates internal audit report noting the findings for
recommendation 2 is low risk and management is accepting that risk.
4. Notes
the Committee requested Internal Auditors include Management comments in the
body of the draft Internal Audit Reports, including evaluation of the level
of risk.
5. Notes
the Committee requested future reports be separated for ease of reference:
a) Quarterly
Report – Status of Internal Audit Recommendations; and
b) Internal
Audit Report. (Kay/Swain)
|
|
25-238
|
Resolved that
Council adopts the following Committee Recommendation:
Report No.
5.3 Internal Audit Plans
File No: I2025/545
Committee Recommendation 5.3.1
That Council:
1. Endorses the
revised Internal Audit Plans for 2024/25 and 2025/26; and
2. Endorses the revised
4-year Internal Audit Plan for 2024 - 2028. (Kay/Swain)
|
Confidential Reports - Infrastructure
Services
|
|
Report No. 16.1 Confidential - Negotiations to
dispose of and acquire land interests for EPAR Works for AGRN1012 2022 NSW
Severe Weather and Flooding Event
File No: I2025/339
|
|
25-239
|
Resolved
that Council resolves to acquire and dispose of interests in land, and authorise
the opening and closing of roads, within the parameters detailed in the
summary section of Confidential Report (I2025/339). (Kay/Swain)
|
The motions (Res 25-223 to 25-239)
were put to the vote and carried unanimously.
Crs Ndiaye, Pugh, Swain, Kay and Lowe
voted in favour of the motions.
Nil voted against the motions.
Crs Dods, Lyon, Hauge and Warth were
not present for the vote.
Crs Dods, Hauge, Lyon and Warth returned to the chambers
at 12.14pm.
|
|
Procedural
Motion
|
|
25-240
|
Resolved that Council
change the order of business to deal with Reports 9.1, 9.2, 9.4, 9.5, 9.8, 9.10,
13.1, 13.11, 13.16 and 13.17 next on the Agenda. (Ndiaye/Dods)
The motion was put to the vote and carried
unanimously.
|
Notices of
Motion
|
|
Notice of Motion No. 9.1 Saddle Road and
Mullumbimby Road Works
File No: I2025/669
|
|
25-241
|
Resolved that Council:
1. Investigates
measures for reducing or removing through traffic along the Saddle Road
following completion of the Mullumbimby Road works, including consideration
of the Saddle Road’s role in emergencies and evacuation;
2. Prioritises
repurposing Saddle Road as a pedestrian and bicycle pathway as part of future
planning for the development of the ‘Saddle Road Precinct’,
including Gulgan Village, as Council’s preferred long-term use for the
existing corridor; and
3. Conducts
thorough consultation, including a survey of land owners along the Saddle
Road, about their preferred option. (Ndiaye/Dods)
The motion was put to the vote
and carried unanimously.
|
|
|
Notice of Motion No. 9.2 Protection of the
Environment
File No: I2025/660
|
|
25-242
|
1. Acknowledges
the Community Strategic Plan (CSP) under Community Objective 3: Nurtured
Environment, which commits to ‘nurturing and enhancing our natural
environment,’ as well as the Biodiversity Conservation Strategy (BCS),
and continues to ensure whole-of-Council support for these essential
commitments.
2. Ensures
Council’s works programs and procedures are aligned with the CSP
and BCS by prioritising the protection of identified High Conservation Value
(HCV) areas, including Endangered Ecological Communities (EEC), significant
vegetation, habitats, and wildlife corridors, and by clarifying the
importance of these environmental features when Council is undertaking works.
3. Operates
with procedures that minimise or mitigate environmental impacts of capital,
emergency, and maintenance works.
4. Where
there are unavoidable impacts on biodiversity and the NSW Government
Biodiversity Offsets Scheme is proposed to be used this will require a report
to Council for endorsement.
5. Develops
a Compensatory Planting policy for when there are unavoidable impacts on
biodiversity and refer to Biodiversity Committee to receive advice on draft
policy and then report to Council.
6. Receives
a presentation from staff at a Councillor workshop on the current processes
for approval of Council’s works. The presentation is to cover:
a) Council’s
Project Delivery Procedure 2022
b) Approvals
pathways and environmental assessment for capital works and maintenance;
c) Exempt
development such as maintenance and emergency works where vegetation
management is required;
d) Development
without consent (Part 5 Activities under the Environmental Planning and
Assessment Act 1979) and the requirements for environmental assessment in a
Review of Environmental Factors (REF);
e) Development
with consent works where a DA is required. (Ndiaye/Kay)
The motion was put to the vote and
carried unanimously.
|
|
|
Notice of Motion No. 9.4 Key Worker Housing at the
Rear of the Byron CoLab Building (Former Byron Hospital)
File No: I2025/810
|
|
25-243
|
Resolved
that Council:
1.
Takes the necessary next steps to pursue the adaptive reuse of the rear of
the Byron CoLab building (formerly the Byron District Hospital site) for up
to 19 co-living style rooms for key workers, with shared facilities, that
prioritises NSW Health and emergency service workers;
2. Engages
the appropriate areas within Council and works, in collaboration with Social
Futures, to undertake a full feasibility study (including design) into point
1 above;
3. Seeks
funding and support from all sources including both the NSW State and Federal
Governments to enable the delivery of this project; and
4. Advocates
for the inclusion of Byron Shire in State and Federal housing investment
programs, with particular emphasis on addressing the absence of any public,
social, affordable, Aboriginal or key worker housing currently in the
pipeline for the Shire. (Ndiaye/Pugh)
The motion was put to the vote and carried unanimously.
|
The meeting adjourned at 12.34pm for a lunch
break and reconvened at 1.40pm.
|
|
Notice of Motion No. 9.5 Unauthorised Camping in
Brunswick Heads
File No: I2025/811
|
|
|
|
Procedural
Motion
|
|
25-244
|
Resolved: that
this matter rest on the table. (Ndiaye/Lowe)
The motion was put to the vote and
carried unanimously.
|
|
|
Notice of Motion No. 9.8 Investigation of Traffic
Calming Measures at Sporting Fields Shire-wide
File No: I2025/814
|
|
25-245
|
Resolved that
Council:
1. Receives
a report on options for implementing traffic calming and safety measures at the
Pine Avenue sporting field precinct;
2. Investigates
a suite of traffic calming strategies that may include:
a) Enhanced
line marking and signage and Wombat crossings - (raised road platforms)
b) Temporary
or permanent bollards to separate pedestrian and vehicle areas
c) Reduced
speed zones during peak times (e.g. weekend sport, evening training)
d) Flashing
lights or electronic signs similar to school zones
e) ‘Slow
down – children playing’ or high pedestrian activity warnings;
f) Reconfiguring
parking arrangement
g) Better
Light options
3. Considers
the recent escalation of hazards in relation to ebike use in the new safety
measures.
4. Engages
with local sporting clubs, field users, and residents to identify high-risk
areas and develop location-specific recommendations;
5. Identifies
funding sources or inclusion in Council’s forward planning for traffic
safety infrastructure; and
6. Where
user groups and community members identify a need at other sports fields in
the Shire, safety measures also be considered. (Ndiaye/Warth)
The motion was put to the vote and
carried unanimously.
|
|
|
Notice of Motion No. 9.10 Mullumbimby
Tennis Courts Licence
File No: I2025/837
|
|
25-246
|
Resolved that Council:
1. Notes
the details on the process leading to the award of licences for management of
the Mullumbimby Tennis Facility; and
2. Notes
the details of the Council Policies that supported this process. (Lyon/Dods)
The motion was put to the vote and carried unanimously.
|
|
|
Procedural
Motion
|
|
25-247
|
Resolved that the Mayoral Minute be rested on the table. (Ndiaye/Lowe)
The motion was put to the vote and
carried unanimously.
|
Staff Reports - General Manager
|
|
Report No. 13.1 Licencing
for 18 Fletcher Street, Byron Bay (Fletcher St Cottage)
File No: I2025/448
|
|
25-248
|
Resolved that Council:
1. Authorises
the General Manager to negotiate and grant a licence on terms consistent with
this report to the Byron Bay Community Association Incorporated (BCC) to
occupy the building at 18 Fletcher Street, Byron Bay (Cottage) for the
purpose of providing the ‘homelessness services hub’;
2. Supports
offering a headline licence term of 15 years, with an exit clause at 10 years
benefiting Council; this is intended to meet the requirements of funding
bodies that often require longer tenure arrangements to support grant
eligibility;
3. Notes
that if a licence is agreed, it would start immediately after the BCC’s
current licence to occupy the Cottage ends on 7 May 2026;
4. Notes
that the Cottage’s annual, market rent is valued at about $60,000,
which the BCC will not pay under the proposed licence; and
5. Notes
that the forgone annual rent will be covered via a dividend or community
service obligation contribution by Council’s water fund. (Dods/Ndiaye)
The motion was put to the vote and carried unanimously.
|
|
|
Procedural
Motion
|
|
25-249
|
Resolved that Cr Ndiaye
be granted a one minute extension to her speech. (Ndiaye)
The motion was put to the vote and
carried unanimously.
|
Staff Reports - Sustainable
Environment and Economy
|
|
Report No. 13.11 Planning
Agreement - 53 McAuleys Lane Development Application 10.2023.454.1
File No: I2025/540
|
|
|
Procedural
Motion
|
|
25-250
|
Resolved that this
matter rest on the table. (Ndiaye/Lowe)
The motion was put to the vote and
carried unanimously.
|
|
|
Report No. 13.16 Heritage
buildings in Mullumbimby
File No: I2025/743
|
|
25-251
|
Resolved that Council:
1. Continues
to negotiate with TfNSW, the terms and conditions
for the transfer of the management responsibility for the old station
master’s house to Council, conditional
to Council not being responsible the cost and management of remediating the
site; and
2. Continues
to work with TfNSW to identify a suitable solution for the Mullumbimby train
station site, including options such as the adaptive reuse of the site, to
support potential funding requests (e.g. grants). (Ndiaye/Dods)
The motion was put to the vote and carried unanimously.
|
|
|
Report No. 13.17 PLANNING -
10.2024.155.1 Alterations and additions to existing multi-dwelling housing
development comprising the construction of six (6) x one (1) bedroom
dwellings, the construction of two (2) x two (2) bedroom dwellings, and the
construction of additional car parking, resulting in a total of twenty (20)
dwellings, at 1 Kendall Street, Byron Bay
File No: I2025/755
|
|
25-252
|
Resolved that
Pursuant to Section 4.16 of the Environmental Planning and Assessment Act
1979, Development Application No. 10.2024.155.1 for alterations and additions
to an existing multi dwelling housing development comprising the construction
of six (6) x one (1) bedroom dwellings; the construction of two (2) x two (2)
bedroom dwellings, and the construction of additional car parking resulting
in a total of twenty (20) dwellings, be granted consent subject to the
Conditions in Attachment 1 (E2025/56004) and the following amended and
additional Conditions.
Amend Condition 24 to read:
24 Car parking layout, vehicle
circulation and access plans required
The
application for a Construction Certificate is to include plans and
specification that indicate access, parking and manoeuvring details in
accordance with the plans approved by this consent.
The
access, parking and manoeuvring for the site is to comply with the
requirements of AS 2890.1-2004: Parking facilities, Part 1: Off-street car
parking and AS 2890.2 – 2010 - Parking facilities, Part 2: Off-street
commercial vehicle facilities. Plans are to include, but not be limited to,
the following items:
a) pavement
design, comprising:
A
permeable pavement such as “Atlantis Gravel Cell”,
“Grasscrete” or other similar treatments for the open internal
driveway areas
An
all-weather surface such as concrete, pavers or other similar treatments for
the undercover parking areas
b) site
conditions affecting the access.
c) existing
and design levels.
d) longitudinal
section from the road centreline to the car space(s).
e) cross sections
every 15 metres.
f) drainage
details.
g) turning
paths; and
h) line
marking and signage.
The
engineering plans and specifications are to be designed by a qualified
practising Civil Engineer. The Civil Engineer is to be a corporate member of
the Institution of Engineers Australia or is to be eligible to become a
corporate member and have appropriate experience and competence in the
related field.
Insert new conditions 24A and 80 as follows:
24A Amended Plans for the Garages
Amended
plans to be submitted with the construction certificate for approval which
remove the garage doors from Units 13, 14, 15, 16 and 17 and to be used as
open car parking spaces rather than an enclosed garages.
80. Resident parking and use of
Parking Spaces
Residents
to park onsite at all times in the approved car spaces. The approved car
spaces are not to be enclosed and or used for storage, home business, home
occupation, home industry or as commercial premises at any time.
(Dods/Hauge)
The motion was put to the vote and
carried unanimously.
Crs Ndiaye, Lyon, Pugh, Dods, Swain,
Warth, Kay, Hauge and Lowe voted in favour of the motion.
Nil voted against the motion.
|
Notices of Motion
|
|
Procedural
Motion
|
|
25-253
|
Resolved that Report
No. 9.5 be lifted from the table. (Ndiaye/Dods)
The motion was put to the vote and
carried unanimously.
|
|
|
Notice of Motion No. 9.5 Unauthorised Camping in
Brunswick Heads
File No: I2025/811
|
|
25-254
|
Resolved that Council:
1. Acknowledges
the ongoing issues with unauthorised camping/parking and
‘van-lifing’ in Brunswick Heads and the impact this has on
residents, businesses, and visitors to the area, particularly at the present
time in the Fawcett Street/Mona Lane precinct and at the boat ramp/harbour;
2. Notes
this is a separate issue to community members experiencing homelessness and
living in their vehicles, and that Council is working towards an emergency
housing village to help to address this issue, and that compliance staff will
continue to exercise compassion to locals genuinely experiencing homelessness;
3. Makes
a public declaration that Council intends to take all steps within its power to
deal with this issue and the impacts it has on the amenity of the area;
4. Acknowledges
that Council powers are severely limited in dealing with these issues and
that Council requires the cooperation of other land managers and State Government
agencies to effectively respond;
5. Seeks
urgent support from all State Government agencies that own or manage land in
Brunswick Heads, including Crown Lands, NPWS, Transport for NSW and
Reflections to work collaboratively to identify and implement enforcement
approaches with appropriate resourcing to patrol the areas;
6. Receives
a report on further options to discourage unauthorised camping/parking in
Brunswick Heads, including looking at closing hotspot streets to parking for
a longer time than the current 1am-6am, other than to those with residential
permits;
7. Thanks
NSW Police for their recent commitment to support Council’s attempts to
address these issues;
8. Staff
work collaboratively with the Police Local Area Command requesting
greater Police presence in known van packing hotspots, and greater
enforcement of non-compliances that are the responsibility of Police;
9. Notes
that resolving of this issue in one area will likely lead to other areas of
the Shire becoming the next hotspot, and to this end be ready to implement
appropriate signage in areas that require it in future;
10. Receives
an update on the progress of enforcement in Brunswick Heads in 3
months’ time; and
11. Seeks a
report on options, costs and potential funding sources for additional
compliance measures or requirements. (Lyon/Pugh)
The motion was put to the vote
and carried unanimously.
|
|
|
Procedural
Motion
|
|
25-255
|
Resolved that Cr Lyon
be granted a two minute extension to his speech. (Ndiaye)
The motion was put to the vote and
carried unanimously.
|
|
25-256
|
Resolved that Cr Ndiaye be granted a two minute extension
to her speech. (Ndiaye/Hauge)
The motion was put to the vote and
carried unanimously.
|
Cr Hauge left the Chambers at 3.17pm
was not present for the vote.
The motion (25-253) was put to
the vote and carried unanimously
Cr Hauge was not present for the vote.
Cr Hauge returned to the Chambers at 3:19pm.
The meeting adjourned at 3:19pm for a
short break and reconvened at 3.23pm.
Cr Dods did not return to the
Chambers.
Staff Reports - Sustainable
Environment and Economy
|
|
Procedural
Motion
|
|
25-257
|
Resolved that Report
No. 13.11 be lifted from the table. (Ndiaye/Lyon)
The motion was put to the vote and
carried unanimously.
Cr Dods was not present for the vote.
|
|
|
Report No. 13.11 Planning
Agreement - 53 McAuleys Lane Development Application 10.2023.454.1
File No: I2025/540
Cr Dods left the meeting during the
discussion of this item in accordance with his earlier declared Conflict of
Interest.
|
|
|
Moved that
Council:
1. Defers
consideration of the draft Planning Agreement in Attachment 2 (E2025/35741),
associated with Development Application 10.2023.454.1 for the subdivision of
land at 53 McAuleys Lane, Myocum; and
2. Obtains
independent legal advice on the draft Planning Agreement, with particular
focus on legal compliance and risks relating to Clause 29 (Council
Acquisition of Land); and
3. Requests
that the independent legal advice be provided to Council as a report at the
next practicable Council meeting; and
4. Subject
to receiving the legal advice, negotiates a revised Planning Agreement that
addresses any legal compliance issues relating to Clause 29 and provides
clearer terms regarding developer contributions outlined in Clause 6; and
5. Requests
the Northern Regional Planning Panel (NRPP) defer consideration of
Development Application 10.2023.454.1 pending Council's finalisation of a
revised Planning Agreement that addresses the identified legal and procedural
concerns. (Hauge/Lyon)
|
|
|
Procedural
Motion
|
|
25-258
|
Resolved that Cr Hauge be granted a two minute extension to
her speech.
(Ndiaye/Lowe)
The motion was put to the vote and carried
unanimously.
|
|
25-259
|
Resolved:
1. That
pursuant to Section 10A(2)(g) refer to relevant part of Act below) of the
Local Government Act, 1993, Council resolve into Confidential Session to
discuss the following report, namely Planning
Agreement - 53 McAuleys Lane Development Application 10.2023.454.1.
2. That
the reasons for closing the meeting to the public to consider this item be
that advice concerning litigation, or advice that would otherwise be
privileged from production in legal proceedings on the ground of legal
professional privilege.
3. That
on balance it is considered that receipt and discussion of the matter in open
Council would be contrary to the public interest, as the purpose is to obtain
legal advice.
(Ndiaye/Kay)
The motion was put to the vote and
carried unanimously.
|
|
25-260
|
Resolved that the
meeting move out of confidential session. (Ndiaye/Hauge)
The motion was put to the vote and
carried unanimously.
|
The motion (Hauge/Lyon) was put to the
vote and declared lost.
Crs Lyon, Hauge, Kay and Lowe voted in
favour of the motion.
Crs Ndiaye, Warth, Swain and Pugh
voted against the motion.
The Mayor used her casting vote and
declared the motion lost.
Cr Dods was not present for the vote.
FORESHADOWED
MOTION
|
25-261
|
Resolved that
Council:
1. Grants
delegation to the General Manager to execute the Planning Agreement in
Attachment 2 (E2025/35741), associated with Development Application
10.2023.454.1 for the subdivision of land at 53 McAuleys Lane, Myocum subject
to including the following amendments to the planning agreement:
Insert
a new clause 6.5 as follows:
6.5. The
development contribution referenced in clause 29.9 is not to be deducted from
the s7.11 contributions to be levied on the development consent for the
development.
Amend
clause 29 by deleting 29.2 and 29.3; and replace 29.4 with the following:
29.4.
If Council provides written notice to the Developer of:
(a) Council
entering into a binding agreement with the owner of the Acquisition Land for
the acquisition of the Acquisition Land; or
(b) Council
compulsorily acquiring the Acquisition Land;
the
Developer must pay to Council to the Acquisition Costs within 21 days of the
relevant written notice, provided that the Acquisition Costs are the subject
of a valid tax invoice addressed to the Developer.
2. Encourages
the Developer to engage directly with the landholder to negotiate the
purchase of the acquisition land. (Warth/Pugh)
|
The motion (Res 25-260) was put
to the vote and declared carried.
Crs Lyon, Ndiaye, Warth, Swain and
Pugh voted in favour of the motion.
Crs Hauge, Kay and Lowe voted against
the motion.
Cr Dods was not present for the vote.
Reports of Committees -
Infrastructure Services
|
|
Report No. 14.4 Report
of the Local Traffic Committee Meeting held on 3 June 2025
File No: I2025/836
|
|
25-262
|
Resolved
that Council notes the minutes of the Local Traffic Committee Meeting
held on 3 June 2025. (Ndiaye/Swain)
The motion
was put to the vote and carried unanimously.
Cr Dods
was not present for the vote.
|
|
25-263
|
Resolved that Council adopts the following Committee Recommendation:
Report No.
6.1 Intersection upgrade at 189 Federal Drive
File No: I2025/682
That the Local Traffic Committee
endorses the proposed intersection plan as nominated in Attachment 1
(E2025/51169). (Ndiaye/Swain)
The motion
was put to the vote and carried unanimously.
Cr Dods was not present for the
vote.
|
|
25-264
|
Resolved that Council adopts the following Committee Recommendation:
Report No.
6.2 Tallowood Stage 9 - RFS requirements for No Stopping on non perimeter
roads
File No: I2025/683
That the Local Traffic Committee
endorses the proposed lines and signs layout as nominated in Attachment 1
(E2025/49387). (Ndiaye/Swain)
The motion
was put to the vote and carried unanimously.
Cr Dods was not present for the
vote.
|
|
25-265
|
Resolved that
Council adopts the following Committee Recommendations:
Report No.
6.3 South Beach Road Upgrade - Signs & Lines
File No: I2025/742
That the Local Traffic
Committee:
1. Supports
the signage, line markings and traffic control devices associated with the
South Beach Road works in accordance with sheets 1-3 of the signs and line
marking pages within Attachment 1 (E2024/148246); and
2. Considers
traffic calming measures at the high pedestrian activity nodes/areas. (Ndiaye/Swain)
The motion
was put to the vote and carried unanimously.
Cr Dods was not present for the
vote.
|
|
25-266
|
Resolved that Council adopts the following Committee Recommendations:
Report No.
6.4 Parking changes in Fawcett Street, Brunswick Heads
File No: I2025/807
That the Local Traffic Committee
supports the following:
1. The
expansion of Brunswick Heads Pay Parking scheme to include the southern side
of Fawcett Street (Park Street to Tweed Street), Brunswick Heads; and
2. Changes
the parking time limit on the southern side of Fawcett Street (Park Street to
Tweed Street) to 4PP, including.
a) 4PP
9am-5pm with permit holders excepted.
b) No
Parking 1-6am with permit holders excepted. (Ndiaye/Swain)
The motion
was put to the vote and carried unanimously.
Cr Dods was not present for the
vote.
|
|
25-267
|
Resolved that
Council adopts the following Committee Recommendations:
Report No.
6.5 Mullumbimby Road Upgrade - The Saddle Road Intersection
File No: I2025/809
That the Local Traffic
Committee:
1. Notes
the advice from TfNSW (Technical Place & Movement Partner) and supports
the alteration of previously approved signs and lines drawings within the LTC
meeting held 19 November 2024 (RES24-591) for the removal of: -
a) the
left only signage for property 110 Mullumbimby Road & The Saddle Road
intersection with Mullumbimby Road; and
b) the
chevron line marking and replace with enhanced centre line BB2 line marking.
2. Supports
Option A as outlined within the report. (Ndiaye/Swain)
The motion
was put to the vote and carried unanimously.
Cr Dods was not present for the
vote.
|
The meeting
adjourned at 4.33pm for a recess break
and reconvened at 4.56pm.
Cr Dods
returned to the Chambers at 4.56pm.
Notices of Motion
|
|
Notice of Motion No. 9.3 Integrating Weed
Management into EPAR Recovery Works and Catchment Collaboration
File No: I2025/808
|
|
25-268
|
Resolved
that Council:
1. Assesses
the Essential Public Asset Restorations (EPARs) works undertaken to date,
including land slips, road reconstructions, crossings and culverts, to
identify opportunities to improve weed management protocols during and
following the reconstruction phase;
2. Works
collaboratively with Rous County Council and NSW Reconstruction Authority to
improve weed management outcomes including:
a) Exploring
options for additional funding streams, including State and Federal Grants
and inclusion in natural resource management programs; and
b) Development
of recommendations and initiatives for consideration to support integrated
weed control and ecological restoration during and beyond the flood recovery
process; and
3. Request
staff bring a report to Council on this issue before the end of the year
(2025). (Ndiaye/Lowe)
The motion was put to the vote and carried unanimously.
|
|
|
Notice of Motion No. 9.6 Strategic Water Infrastructure
Opportunity
File No: I2025/812
|
|
25-269
|
Resolved
that Council:
1. Notes
there is a current off-market opportunity to purchase the land identified in
Attachment 1 (#E2025/56288), a key strategic site relating to the future of
Mullumbimby's water supply;
2. Reaffirms
its commitment to a staged investigation into integrated water supply
options, as per Resolution 24-477, and commences initial assessments (e.g.
technical, financial, environmental, and economic) for Task 2 of the staged
investigations, taking into consideration the off-market land acquisition
opportunity and its potential as a site for an off-stream storage and/or a
new water treatment plant.
3. Reassesses
the cost estimates from the previously commissioned water infrastructure
study based on a scenario where this land is assumed to be the site for a new
off-stream storage reservoir and water treatment plant;
4. Ensures
that updated cost estimates include:
a) Land
acquisition, noting the subject site is currently for sale off-market
b) Construction
of a new water treatment plant on the site
c) Construction
of a new off-stream storage reservoir to the south of the property, noting
the suitable topography for such a facility;
5. Notes
that the existing water main to Mullumbimby currently bisects the site,
providing an opportunity for efficient integration with future
infrastructure; and
6. Requests
that the above be reported back to Council, or presented in a workshop
format, in a timely manner, acknowledging the time-sensitive nature of the
off-market property availability. (Ndiaye/Dods)
The motion was put to the vote and
carried unanimously.
Crs Ndiaye, Lyon, Dods, Warth, Kay,
Hauge and Lowe voted in favour of the motion.
Crs Pugh and Swain voted against the
motion.
|
|
|
Notice of Motion No. 9.7 Proposal for a 30km Speed
Zone in the South Beach Road Precinct, Brunswick Heads
File No: I2025/813
|
|
25-270
|
Resolved
that Council:
1. Receives
a report on options for creating a 30km/h speed zone within the South Beach
Road Precinct in Brunswick Heads; and
2. Supports
in principle the creation of a shared zone from the southern edge of the
South Beach Rd Bridge to the Torakina Carpark, and a shared zone or raised
safety platform/crossing at CH320 where the footbridge path crosses South
Beach Rd, and that both shared zones apply universal design principles to
maximise accessibility, and;
3. Investigates
enhanced accessible, pedestrian and cyclist connections and safety measures
that relate to 1 and 2. (Ndiaye/Dods)
The motion was put to the vote and carried unanimously.
|
|
|
Notice of Motion No. 9.9 Status Report on
Development Applications (DAs) before the Land and Environment Court
File No: I2025/816
|
|
25-271
|
Resolved
that:
1. Council
receives a monthly status report to each Ordinary (Planning) Meeting on all
Development Applications (DAs) currently the subject of legal proceedings
before the Land and Environment Court;
2. The
status report includes the following details, where available:
a) DA
number and property address
b) Description
of the development
c) Summary
of the key issues in the proceedings
d) Current
stage or status of the matter
e) Any
scheduled hearing dates
f) Outcomes
or determinations (as they occur); and
3. This
reporting commences from the next available Planning Meeting.
(Ndiaye/Hauge)
The motion was put to the vote and
carried unanimously.
|
Mayoral Minute
|
|
No. 10.1 Deputy
Mayor Recognition
|
|
25-272
|
Resolved that Council:
1. Acknowledges
the significant contribution, responsibilities, and time commitment involved
in the role of Deputy Mayor, particularly when supporting or representing the
Mayor across a wide range of functions and obligations.
2. Notes that
current legislative and financial constraints prevent an additional allowance
from being paid to the Deputy Mayor position beyond the councillor fee.
3. Requests
staff to prepare a report exploring feasible options to appropriately support
and recognise the Deputy Mayor's additional workload. This report should
include (but not be limited to) consideration of:
a)
Additional budget allocation for conference
attendance and professional development opportunities;
b) Access
to Council vehicles where appropriate for official duties;
c) Administrative
or staff support for duties directly related to the Deputy Mayor function;
d)
Increased representation in public communications
and Council-led media to reflect the Deputy Mayor’s role;
e) Any
other mechanisms or in-kind support available within current Council policies
or structures that could enhance the capacity and effectiveness of the Deputy
Mayor in their role.
4. Receives
this report no later than September 2025 to allow for consideration in future
budget or operational planning cycles. (Ndiaye)
The motion was put to the vote and
carried unanimously.
|
Petitions
There were no
petitions tabled.
Delegates'
Reports
|
|
Delegate's Report No. 12.1 2022 Northern Rivers
Flood Emergency Awards Presentation Ceremony – Tweed/Byron Police
District
File
No: I2025/832
|
|
|
Delegate's Report No. 12.2 Country Mayors
Association – General Meeting - Friday 9 May 2025
File
No: I2025/738
|
|
|
Delegate's Report No. 12.3 The Remix Byron Event
File
No: I2025/737
|
|
|
Delegate's Report No. 12.4 Richmond Tweed Regional
Library Meeting held 14 May 2025
File
No: I2025/739
|
|
|
Delegate's Report No. 12.5 Visit to The Buttery
– 50th Anniversary Celebration
File
No: I2025/731
|
|
|
Delegate's Report No. 12.6 Byron Town Centre
Drainage Works
File
No: I2025/733
|
|
|
Delegate's Report No. 12.7 Delivery Program and
Operational Plan (DP/OP) Information Session
File
No: I2025/818
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Delegate's Report No. 12.8 Special Entertainment
Precinct Planning Meeting with Minister Graham’s Office
File
No: I2025/801
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Delegate's Report No. 12.9 Short-Term Rental
Accommodation (STRA) and Housing Affordability
File
No: I2025/802
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Delegate's Report No. 12.10 Byron Bay
24-Hour Economy Roundtable
File
No: I2025/819
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Delegate's Report No. 12.11 Supporting
Spontaneous Volunteers Meeting
File
No: I2025/821
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Delegate's Report No. 12.12 Rous County
Council - Summary of main items of business 16 April 2025
File
No: I2025/834
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Cr Dods provided a verbal Delegates
Report on his attendance at the Furry Friends Festival in Bangalow on 7 June
2025.
Staff
Reports - Corporate and Community Services
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Report No. 13.7 Tweed
Street Pod Village - future use options
File No: I2025/717
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25-273
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Resolved that
Council:
1. Delegates
to the General Manager authority to undertake the following actions in
relation to 125 Tweed Street (Lot 1, DP 560486):
a) Collaborate
with relevant government agencies and continue discussions about the future
use of this site to deliver housing outcomes, which may include social,
affordable, transitional and/or temporary accommodation, post June 2027.
b) Investigate
and progress the required statutory pathways to enable continued use of the
site for the purposes of residential accommodation.
c) Subject
to b) initiate a market sounding process, such as an Expression of Interest,
with Community Housing Providers for the management of the site, which
includes (but is not limited to) proposals that outline financial feasibility
and identification of a suitable tenancy mix for the site.
d) Undertake
community consultation to enable feedback on the proposed future housing uses
of the site.
e) Subject
to c) and d) negotiate the transfer of the asset at nil cost to Council,
taking into consideration potential end of life and decommissioning costs.
f) Subject
to e) conduct a selective tender process to appoint a Community Housing
Provider to manage the site, including tenancy arrangements.
2. Requests
staff to provide updates to Councillors on key milestones of this project.
3. Requests
staff seek funding opportunities to resource the associated project
management costs, where they exceed existing resource allocation. (Ndiaye/Kay)
The motion was put to the vote and carried unanimously.
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Staff
Reports - Sustainable Environment and Economy
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Report No. 13.14 2023-24
Annual Inventory of Council's Greenhouse Gas Emissions
File No: I2025/702
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25-274
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Resolved that Council:
1. Notes
the 2023/24 Annual Emissions Inventory (Attachment 1 – E2025/49804);
2. Acknowledges
that the Net Zero Emissions Strategy is being reviewed and will guide
targeted climate action for Byron Shire Council;
3. Given
construction emissions are up 95% and contribute 56.7% of council’s
total emissions, provides a report to CCRRAC on reducing embodied carbon as
part of the Net Zero Strategy development;
4. Given
that electricity contributes to 41% of emissions associated with the
construction sector, advocates for the adoption of renewable energy across
Council’s supply chain;
5. Acknowledges
that as 85% of council’s emissions are Scope 3, a just transition of
the national and global economy to end fossil fuel reliance is essential to
Byron Shire’s climate response; and
6. Writes
to the State Minister for Environment and Climate Change, Penny Sharpe, and
the Federal Ministers for the Environment, Murray Watt, and Climate Change,
Chris Bowen, outlining the significance of Scope 3 emissions in council's
emissions profile, asking for support to reduce Scope 3 emissions, and
advocating for a moratorium on new fossil fuel project approvals as a
critical component of Australia's climate response. (Hauge/Ndiaye)
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Procedural
Motion
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25-275
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Resolved that Cr Hauge be granted a one minute extension to
her speech. (Ndiaye/Swain)
The motion was put to the vote and
carried unanimously.
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The motion (25-274) was put to
the vote and carried unanimously.
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Report No. 13.15 Byron Bay
Urban Design Housing Density Study
File No: I2025/734
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25-276
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Resolved that
Council:
1. Acknowledges the work
completed on the Byron Bay Urban Design
Housing Density Study to meet the requirements of the NSW
Government’s Regional Housing Strategic Planning Program;
2. Notes that staff will
upload relevant documents associated with Stage 1 Housing Density Study
(Attachment 1 – E2025/56242) and Stage 2 Housing Needs Assessment
(Attachment 2 – E2025/54767) and Stage 2 Affordable Housing Viability
Assessment (Attachment 3 – E2025/54752) of the Byron Bay Urban Design Housing Density Study to the project web page;
3. Notes
that based on the results of the Affordable Housing Viability Assessment
(Attachment 3 – E2025/54752) for the Study
area, insufficient surpluses were generated by the housing typologies
preferred by Council to support a standard Affordable Housing Contribution
Scheme;
4. In
response to 3 and the Housing Needs Assessment (Attachment 2 –
E2025/54767), requests staff to prepare and report on a nonstandard
Affordable Housing Contribution Scheme (for the Study area or a revised Area
to support a Scheme) to inform a Planning Proposal to be reported to Council;
and
5. Notes
that the final Stage 3 Review and Amend
Local Environmental Plan and Development Control Plan controls in the Study Area will be progressed during FY2025/26
with further reports to Council. (Dods/Ndiaye)
The motion was put to the vote and carried unanimously.
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Staff
Reports - Infrastructure Services
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Report No. 13.20 Mullumbimby
Pool Heating Tender
File No: I2025/703
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25-277
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Resolved that
Council:
1. Awards
Tender Mullumbimby Pool Heating to the preferred supplier identified in the
tender evaluation report #E2025/47679.
2. Makes public its decision, including the name and amount of the
successful tenderer, in accordance with Clause 179(b) of the Local Government
(General) Regulation 2021.
3. Includes
$250,000 from developer contributions Open Space - Mullumbimby to the Draft
2025/26 Budget Estimates to be adopted at the 30 June 2025 Extraordinary
Council Meeting to complete these works. (Swain/Ndiaye)
The motion
was put to the vote and carried unanimously.
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Report No. 13.21 Potential
renaming of Gilmore Crescent to Tennyson Street, Byron Bay
File No: I2025/728
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25-278
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Resolved that
Council:
1. Supports
the naming of the unnamed section of road south of Gilmore Crescent, Byron
Bay, to be named Gilmore Crescent, in recognition of Dame Mary Gilmore.
2. Requests
staff to commence the usual public exhibition process, with invitations to
make submissions to also be provided to Bundjalung of Byron Bay Aboriginal
Corporation (Arakwal) and Tweed Byron Local Aboriginal Land Council.
3. If no
objections are received during the public exhibition, adopts the renaming of
the unnamed section to Gilmore Crescent and it be notified to the
Geographical Names Board (GNB) accordingly. (Lowe/Ndiaye)
The motion
was put to the vote and carried unanimously.
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Reports
of Committees - Corporate and Community Services
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Report No. 14.1 Report
of the Finance Advisory Committee Meeting held on 15 May 2025
File No: I2025/723
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25-279
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Resolved that Council notes the minutes of the Finance
Advisory Committee Meeting held on 15 May 2025. (Dods/Ndiaye)
The motion was put to the vote and
carried unanimously.
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25-280
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Resolved that Council adopts the following Committee
recommendations:
Report No.
4.1 Budget Review - 1 January to 31 March 2025
File No: I2025/570
Committee Recommendation 4.1.1
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.
(Dods/Ndiaye)
The motion was put to the vote and
carried unanimously.
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Reports
of Committees - Sustainable Environment and Economy
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Report No. 14.3 Report
of the Biodiversity and Agriculture Advisory Committee Meeting held on 13 May
2025
File No: I2025/798
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25-281
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Resolved that Council
notes the minutes of the Biodiversity and Agriculture Advisory Committee
Meeting held on 13 May 2025. (Warth/Ndiaye)
The motion was put to the vote and
carried unanimously.
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25-282
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Resolved that Council adopts the following Committee
recommendations:
Report No.
4.1 2023 Koala Activity Monitoring
File No: I2025/312
Committee Recommendation 4.1.1
That
the Biodiversity and Agricultural Advisory Committee notes the Koala Activity
Monitoring Report 2023 (Attachment 1 #E2024/12210). (Warth/Ndiaye)
The motion was put to the vote and
carried unanimously.
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25-283
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Resolved that Council adopts the following Committee
recommendations:
Report No.
4.2 Biodiversity and Agriculture Projects and Operations Update
File No: I2025/239
Committee Recommendation 4.2.1
That the Biodiversity and
Agricultural Advisory Committee:
1. Notes the
update on current projects and programmes being undertaken by Council staff.
2.
Requests staff to arrange a discussion with key stakeholders about
fire ant management at a future Committee meeting. (Warth/Ndiaye)
The motion was put to the vote and
carried unanimously.
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25-284
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Resolved that Council adopts the following Committee
recommendations:
Report No.
4.3 Brunswick Valley Landcare Support Officer quarterly reports,
October-December 2024 and January-March 2025.
File No: I2025/318
Committee Recommendation 4.3.1
That the Biodiversity and Agricultural Advisory
Committee notes the reports (Attachments 1 and 2 E2025/27132 and
E2025/36131). (Warth/Ndiaye)
The motion was put to the vote and carried
unanimously.
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25-285
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Resolved that Council adopts the following Committee
recommendations:
Report No.
4.4 Wallum Heath on Pleistocene Threatened Ecological Community Listing
Working Group
File No: I2025/327
Committee Recommendation 4.4.1
That the Biodiversity and
Agriculture Advisory Committee:
1. Confirms
the promulgation of the Wallum Heath on Pleistocene Working Group.
2. Agrees to
Cr Ndiaye as Chair and James Barrie as lead.
3. Notes
that staff involvement is not required and provided at the discretion of the
Director Sustainable Environment and Economy.
4. Agrees to
Cr Ndiaye, James Barrie and Dave Rawlins meeting prior to the next
Biodiversity and Agriculture Advisory Committee meeting to:
a) Confirm
how meetings are to be recorded.
b) Confirm
working group membership.
c) Confirm
frequency and location of meetings.
5. Notes interest from
Annette Mckinley, Cr Lowe, Cr Warth, Peter Westheimer and Hedley Grantham to
participate in the working group. (Warth/Ndiaye)
The motion was put to the vote and
carried unanimously.
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Confidential
Reports - Infrastructure Services
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Procedural
Motion
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25-286
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Resolved:
1. That
pursuant to Section 10A(2)(c), (d)i and (d)ii of the Local Government Act,
1993, Council resolves to move into Confidential Session to discuss the
report Tender Report - Byron Drainage Upgrade Town Centre Construction.
2. That
the reasons for closing the meeting to the public to consider this item be
that the report contains:
a) information
that would, if disclosed, confer a commercial advantage on a person with whom
the council is conducting (or proposes to conduct) business
b) commercial
information of a confidential nature that would, if disclosed prejudice the
commercial position of the person who supplied it
c) information
that would, if disclosed, confer a commercial advantage on a competitor of
the council
3. That
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 will
regard tender report detailing commercially sensitive information supplied by
Tenderers. (Dods/Ndiaye)
The motion was put to the vote
and carried unanimously.
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Report No. 16.2 Confidential - Tender Report - Byron
Drainage Upgrade Town Centre Construction
File No: I2025/817
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25-287
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Resolved that:
1. In
accordance with Local Government (General) Regulation 2021 Clause 178(1)(b)
Council declines to accept any of the tender submissions;
2. In
accordance with Local Government (General) Regulation 2021 Clause 178(3)(e)
Council authorises the General manager to enter into negotiations with
tenderers identified in part 3 of the Evaluation Panel Recommendations Report
(Attachment 1 E2025/55711);
3. Subject
to the negotiations in point 2, the General Manager be delegated to enter
into a contract with a preferred tenderer up to the value of the budget
identified in the report for the full scope of works identified in the area
bounded in red and the alternative works bounded in yellow on the plan in the
report.
4. Should
there be insufficient funds to deliver the full scope of the alternative
works in the area bounded in yellow on the plan in the report (and point 3 of
this resolution), then the General Manager may enter into a contract for the
works in the area bounded in red and the options for descoping the
alternative works matter shall be reported back to Council for consideration.
5. That
Council notes that:
a) The
reason for declining to invite fresh tenders is due to programming
timeframes.
b) The
reason for determining to enter into negotiations with those suppliers is
that a selective tender process was followed and these submissions were
evaluated as best value for money and there is a genuine prospect of
negotiating an agreed contract with a program reflecting the available
budget.
(Dods/Ndiaye)
The
motion was put to the vote and carried unanimously.
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Procedural
Motion
|
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25-288
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Resolved that the
meeting move out of confidential session. (Ndiaye/Dods)
The motion was put to the vote and
carried unanimously.
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There being no further business
the meeting concluded at 6.29pm.
I hereby
certify that these are the true and correct Minutes of this Meeting
as
confirmed at Council’s Ordinary Meeting on 28 August 2025.
….…………………………
Mayor Sarah
Ndiaye
Minutes
