BYRON SHIRE COUNCIL

Notices of Motion 9.1

Notices of Motion

Notice of Motion No. 9.1 BayFM Support

File No: I2024/1095

I move that Byron Shire Council:

1. Takes steps to support the promotion of BayFM as requested by BayFM’s Community Engagement Officer, Nell Schofield (attached).

2. Explores methods to fund signage on Ewingsdale Road and Broken Head Road sought by BayFM to promote its critical contribution to our community and its culture.

3. Notes that the signage would communicate a positive local message such as “Listen Like a Local”, “Cheer up, slow down, chill out.” Or “Chill out. Turn on. Tune in”.

Attachments:

1 Bay FM Support - Letter from Nell Schofield, E2024/89461

Signed: Cr Mark Swivel

Councillor’s supporting information:

BayFM is a community radio station that serves Byron shire and beyond and has done so for over 20 years.

The station lives on government grants, local advertising revenue and donations.

The almost entirely volunteer staff deliver an incredibly diverse range of programs across music and culture, news and politics, and endlessly support community events.

BayFM is part of who we are in Byron Shire and deserves all support to preserve our local identity.

A letter from much loved presenter Nell Schofield is attached to support this proposal.

Staff comments

by Esmeralda Davis, Director Corporate & Community Services and Jess Mitchell Acting Media Communications Coordinator:

In response to recommendation 1:

The media and communications team already advise project teams that BayFM is one local media outlet they can choose to advertise with, where budget allows.

Due to the timeframes required to have a radio ad script approved internally and to get it produced by BayFM, project timelines may not enable this to occur where there is a short lead time. However, the communication team will continue to promote the station as an advertising option available to project teams.

In response to recommendation 2:

The media and communications team supports a sign for BayFM. The below support and funding options are available to BayFM.

Grant Finder and Letter of Support

In seeking grant funding to support this initiative, BayFM could access Grant Finder on Council’s website. Grant Finder is a free grants alert and subscription service.

It may be used to:

- Search for grants and funding from several sources

- Subscribe for alerts when new funding opportunities come up

- Get help with grant writing

Council often provides grant applicants with a letter of support, provided the applicant contacts Council at least two weeks before the closing date of the grant to make this request. This can be done using the online form on Council’s website. In assessing the request, the following is considered:

- Is the organisation located within Byron Shire?

- Alignment to existing Council priorities, strategies and policies

- Benefits to Byron Shire local communities, for example is there an identified need for the project, service or event

- Potential conflicts with existing community organisations and businesses

Once a suitable grant is identified, BayFM is encouraged to seek a letter of support from Council as outlined above.

Council Grants

Each year Council offers a variety of grants to support community, arts, events, and heritage projects. With the many requests to Council seeking financial assistance, this is the fairest and most transparent way to support our community.

The two funding streams below may offer the most relevant pathway for this initiative:

1. Community Initiatives Program

In April each year, organisations are invited to apply for grants of up to $5,000 as part of our annual Community Initiatives funding program. Grants are on offer for projects that address a specific need, build a sense of community, and align with Council’s priorities.

More about the Community Initiatives program and how to apply on Council’s website.

Eligibility:

· Incorporated organisations with an ABN or proof that you are not required to be registered for GST

· Not-for-profit entities

· Indigenous corporations

· Auspiced groups

2. Mayoral Fund

Each year Council allocates funding to support individuals and community groups as part of the Mayoral Fund. Information is published on Council’s website, or potential applicants can complete an online form to receive an email when applications open.

Eligibility:

· Applicants must be a not-for-profit entity

· The amount of funding may not match the amount applied for

· An application may not necessarily result in a donation

In response to recommendation 3:

The media and communications team have reservations about the use of the slow down, chill out sign/concept.

This is such an iconic sign. Council use this for various campaigns (E.g. Slow down, chill out, wear a mask/slow down, chill out, wear a leg rope). Enabling other organisations to use this concept will dilute its impact and, as such, an alternative message would be supported – E.g. ‘listen like a local’ or another appropriate catchy phrase.

Financial/Resource/Legal Implications:

As outlined in above comments.

Is the proposal consistent with any Delivery Program tasks?

Yes

CSP Objective

CSP Strategy

DP Action

Code

OP Activity

1: Effective Leadership

1.5: Empower community leadership through collaboration, capacity building, and cultivating community driven initiatives

1.5.1: Community grant programs - Provide financial assistance and grants to empower community groups and organisations to deliver priority projects

1.5.1.1

Deliver annual Community Initiatives Program and associated funding and support

BYRON SHIRE COUNCIL

Notices of Motion 9.2

Notice of Motion No. 9.2 Mullumbimby Civic Hall Courtyard

File No: I2024/1195

I move that Council:

1. Engages with Council’s Public Space Liaison Officers and Byron Assertive Outreach workers to increase patrols and outreach in that area.

2. As an interim measure, reviews the current courtyard design to Identify features that may inadvertently encourage rough sleeping and apply principles of Crime Prevention Through Environmental Design (CPTED) to reduce the risks.

3. Seeks legal advice on the excision of the courtyard from the Mullumbimby District Neighbourhood Centre (MDNC) lease in future and, subject to this advice, considers excising the courtyard from future sublease arrangements of the site post 2027.

4. Investigates the use of fencing with gates around the courtyard to protect the functional viability and safety of hall patrons, hirers and workers.

5. Investigates improved soundproofing of the hall adjacent to the courtyard between the neighbourhood centre and the hall.

Signed: Cr Peter Westheimer

Councillor’s supporting information:

Addressing Disruptions to the Safe and Operational functioning of the Mullumbimby Civic Hall due to courtyard issues between the hall and the adjacent MDNC.

There are two agreements related to the MDNC parcel:

Lease to Council from the Crown is until 2032 and a Sub-lease to MDNC is until 2027.

The courtyard is part of the footprint of the parcel of land sub-leased to MDNC.

The parameters of the lease need to be changed so that hall patrons and staff can have safe access to the courtyard which is the main breakout area of the hall during events.

The courtyard should be regarded as an essential space relating to the normal functioning of the hall which is the one of the most used and most iconic halls in the Shire.

It is arguably the cultural heart of Byron Shire for everything from major events whether they be musical, film, theatre, dance and political or social events. And that’s just the hall. The multifunction space at the front of the hall is also hired out separately for smaller functions, art exhibitions, talks and exercise classes. It too adjoins the kitchen with a stainless-steel counter type bench.

There have been recurrent issues relating to the courtyard a few of which I have experienced during my time over the years on the Hall committee, including a term as its chair. During a previous term of Council, Cr. Paul Spooner actively tried to address the issue as well.

The current manager of the hall recounts numerous incidences where rough sleepers have threatened and disrupted the Mullum Civic Hall affecting people who work there such as cleaners, people who are opening up the kitchen as well as the hirers of the hall such, that the viability of the hall in the long-term could be threatened if this difficult but solvable issue is not addressed.

Because of these ongoing threats to the public the hall’s Board of Management and myself as Council’s representative to the board recently approved and steered a change to the kitchen area such that it can be accessed now from inside the hall rather than only through the courtyard as previously.

This has involved considerable angst for the Manager and the BOM as they have struggled to protect users and workers at the hall. It is really unacceptable that after so many years now a solution has not been found and that full cooperation between the hall and the MDNC has not occurred.

During my steering of the major renovations of the hall from 2004 to 2008 the MDNC’s director appeared to treat the cultural value of the hall to the community as secondary to the social needs of the homeless people using the courtyard. It’s time for this long-term issue to be addressed such that the people of Mullumbimby and the shire have safe and unfettered access and use of the hall without risk of event disruption and personal harassment.

Former Mayor Simon Richardson during his terms envisioned the courtyard as a pleasant space where workers from Mullumbimby could enjoy their lunch breaks, such that some improvements to the courtyard were made including basic perimeter seating.

However, it also became a gathering spot for not only homeless individuals but also groups engaging in antisocial behaviour, such as drinking, smoking, and leaving litter behind.

Over the past nine years the current Venue Manager has had to have frequent interactions with rough sleepers in the courtyard. She has informed me that she always introduces herself, enquires about their well-being, and asks about their plans including working with them to ensure they could move elsewhere during large events scheduled at the hall. While the Council’s policy is not to move on vulnerable homeless people, the venue manager is also responsible for maintaining a safe and welcoming environment for the broader community who use the hall. She has received cooperation from some of the rough sleepers who were willing to relocate when informed of upcoming events. Unfortunately, others have been offensive and belligerent, such that she has had to endure abuse in these interactions.

At times, individuals have slept across the hall’s doorways, making it difficult to access the kitchen, which until recently had only external access. They have also sat or slept against other external doors.

Despite clear signage prohibiting smoking in the courtyard, groups often loiter there, and smoke drifts into the hall, creating additional issues.

Over the years she has sought support from the MDNC staff when dealing with aggressive or unstable individuals and has had a collaborative relationship with the MDNC staff in this regard. Some issues have escalated unfortunately.

One significant problem was the external power points in the courtyard. People were using them not only to charge phones but also to power toasters, heaters, and lights, which led to frequent littering and disorder around the power outlets.

This was partially resolved with the installation of an internal shut-off switch, controlled by the MDNC, which has helped. However, this solution also means that if hirers need access to power in the courtyard advance notice needs to be arranged for the switch to be turned on, and it remains on for the entire weekend.

During the hall's repair phase, when fencing was erected around the site, a person set up a makeshift home behind the fencing, bringing along a considerable amount of bedding and other items.

On several occasions, the venue manager of the last 9 years has had to call the police due to rowdy and aggressive behaviour in the courtyard. She has frequently relied on the help of Craig Bridge, the community enforcement officer.

Recently, a woman who had been sleeping on the hall porch for several weeks caused significant disturbances by playing loud music, shouting, swearing, smoking bongs, and drinking.

This behaviour recently disrupted a two-week booking for Northern Rivers Performing Arts (NORPA) rehearsals such that NORPA would be unlikely to use the hall again. For this to happen with the region’s peak theatre organisation is unacceptable.

The same person also caused problems during a large recent hiring an incident which by chance I personally observed. The venue manager had to contact the police three times that day and issued a Banning Notice (as did the MDNC) until the police were able to remove her.

To mitigate risk to caterers and hall users the board approved a renovation to the kitchen bench to provide internal access to the kitchen, reducing the need to leave doors open.

Sometimes during events temporary fencing is put in place, for which hirers also donate an amount to the MDNC but this is not really adequate, as it poses a safety hazard by blocking emergency exits, given that the fencing is secured with cable ties.

Permanent, attractive iron fencing, ideally in an Art Deco style (the hall was first opened in 1929), along the street side and plainer fencing at the rear of the courtyard, with lockable gates should be installed. The gates could remain open during MDNC’s operating hours and be locked at night and during events.

Staff comments

by Geeta Cheema, Manager Social and Cultural Planning, Corporate and Community Services:

Background

Under the terms of its sublease with Council, Mullumbimby and District Neighbourhood Centre (MDNC) has exclusive use of Lot 8 DP758725 which includes the entirety of the Courtyard (Figure 1). The sublease expires in 2027.

Figure 1. Lot 8 DP758725 as subleased to MDNC, including Courtyard (Source: Geocortex).

MDNC is a community service organisation which provides a range of services to vulnerable members of the Byron Shire community. MDNC services include, for example, food support, domestic and family violence services, counselling and disaster recovery casework support services. MDNC’s clients include people sleeping rough.

The Courtyard area includes a small building known as ‘the Cottage’ or ‘the Annex’. The Cottage contains a toilet and shower which are available to MDNC clients during business hours (Monday to Friday, 9:30am to 4:00pm). The Cottage also includes office spaces that are utilised by MDNC staff and for meetings of community organisations and groups.

MDNC has enabled the Civic Hall to hire out the Courtyard for an optional fee. MDNC is under no obligation to offer the Courtyard to the Civic Hall Committee.

The Mullumbimby Civic Memorial Hall Fees and Charges (Figure 2) acknowledge that the Courtyard is managed by MDNC, i.e., “the courtyard space is managed by Mullumbimby and District Neighbourhood Centre and these funds are collected for maintenance and works required in the courtyard.”

Figure 2. Excerpt from Fees and Charges, Mullumbimby Civic Memorial Hall.

As established in the February 2024 Street Count conducted by NSW Department of Communities and Justice, Byron Shire has the highest number of people sleeping rough of any Local Government Area in the state. Council finds it unacceptable that so many people in the shire are in this vulnerable situation and has advocated to state government to improve homelessness services and housing options in the shire. Council has been proactive in addressing homelessness through initiatives including the Public Space Liaison Officer role and facilitation of Ending Rough Sleeping Collaboration Project.

The Protocol for homeless people in public places ensures that people experiencing homelessness are treated respectfully, with dignity, and do not face discrimination. In accordance with this Protocol, public spaces such as the area around Mullumbimby Civic Memorial Hall and MDNC should be accessed and enjoyed by everyone, including people who experience homelessness.

Staff comment on NoM recommendations:

1. Engagement of Council’s Public Space Liaison Officers (PSLOs) and Byron Assertive Outreach workers to increase patrols and outreach.

In their recent patrols, PSLOs have noted that there does not currently appear to be anyone residing in the Courtyard. PSLOs attend a weekly BBQ hosted by MDNC which provides the opportunity to connect individuals to services when needed.

The Assertive Outreach workers (employed by Social Futures and Momentum Collective) have confirmed that they are aware of the Courtyard as a gathering place for people sleeping rough. Their funding program guidelines require them to engage with individuals at their sleeping location / camp.

2. Crime Prevention Through Environmental Design (CPTED) review

Council has identified funds to enable a CPTED site assessment of the Courtyard to determine if environmental changes may improve safe use of the site. The lessee, MDNC, is supportive of a CPTED site assessment.

3. Legal advice on the excision of the courtyard from the MDNC lease post 2027.

Prior to expiry of MDNC’s sublease in 2027, Council is expected to conduct an end-of lease review. This review can consider whether it is appropriate to continue leasing Lot 8 in its entirety, including the Courtyard. The performance of the lessee and alternative uses should be considered in the end-of-lease review. Any new sub-lease arrangement will be subject to a decision of Council.

4. Fencing with gates around the Courtyard

Lot 8 is a Heritage-listed property. Heritage considerations limit the height of fencing to 1.2 metres. Fencing that aims to stop certain groups from using public spaces can potentially create inequitable impacts on people sleeping rough. Fencing solutions can be considered as part of the CPTED site assessment.

5. Investigates improved soundproofing of the hall adjacent to the Courtyard

Property Services has provided a preliminary estimate of $50,000 for double glazing of the doors and windows on the Courtyard side of the Civic Hall. There are no funds available in the 2024-25 Community Buildings Maintenance budget for this project.

Financial/Resource/Legal Implications:

The cost of the proposed Crime Prevention Through Environmental Design Courtyard site assessment is estimated at $5,000 to $10,000.

Is the proposal consistent with any Delivery Program tasks?

Yes

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership	1.5: Empower community leadership through collaboration, capacity building, and cultivating community driven initiatives	1.5.3: s355 Committees - Support the management of community halls to delegated s355 committees	1.5.3.2	Develop and implement change project for Section 355 model of management for community halls
2: Inclusive Community	2.5: Create social impact and initiatives that address disadvantage	2.5.3: Rough sleepers - Work in partnership to reduce and end rough sleeping through community action	2.5.3.1	Respond to people experiencing homelessness and rough sleepers through engagement and referrals to appropriate support and housing services
5: Connected Infrastructure	5.4: Provide accessible community facilities and open spaces	5.4.2: Parks and open spaces - Provide and maintain active and passive recreational community space that is accessible and inclusive for all	5.4.2.1	Implement Open Space maintenance and capital programs in accordance within budget and Open Space Asset Management Plan

BYRON SHIRE COUNCIL

Notices of Motion 9.4

Notice of Motion No. 9.4 Grant Application for Lot 22 Masterplan

File No: I2024/1205

We move that Council supports a placemaking initiative partnership with Mullum SEED and key stakeholders with the aim of applying in October 2024 for a Regional Precincts Program Grant, for the purpose of developing a collaborative design and new Masterplan for Lot 22.

Signed: Crs Duncan Dey and Peter Westheimer

Councillor’s supporting information:

At Council’s Ordinary Meeting on 15 August 2024, Mullum SEED presented their knowledge of this grant opportunity and their perspectives on possible new uses for the rest of Lot 22 adjacent to Mullum SEED’s current use as Mullumbimby Community Gardens. Discussions at the time were positive but this initiative had not been examined fully enough for adoption on the spot. The issue on 15 August was whether to exhibit a Plan of Management (PoM) developed to cover changes of use in the Community Gardens. Resolution 24-404 puts that PoM on public exhibition, which we hope will happen this year.

The Motion above does give preference to one body but is only to prepare plans for the rest of Lot 22. It does not assign the land to anyone and should invite attention from the whole community. If a masterplan results from it, that plan should go on public exhibition.

Hence, we support this Motion, and invite staff comment on it.

Lot 22 is not suitable for housing and is not required to fulfil the sporting needs of the Shire. This is an opportunity to gain public funding for a public examination of other potential uses for this public land.

We understand the NSW Department of Education may have foreseen a use for the land. If so and if the Department wishes to participate, it should be included as a stakeholder.

Staff comments

by Shannon Burt, Director Sustainable Environment & Economy; Esmeralda Davis, Director Corporate and Community Services:

Council has a proven track record that demonstrates its commitment to collaborative and innovative place and precinct planning, as well as the successful delivery of plans and projects that are widely supported by the communities they serve. However, staff do not support the proposed approach to enter into a placemaking initiative partnership with Mullum SEED and key stakeholders as this is largely inconsistent with Council’s adopted position on Strategic Partnerships and Unsolicited Proposals, and other current Council resolutions impacting Lot 22.

Strategic Partnerships Policy and Unsolicited Proposals Guideline

Council has an adopted process for receiving and considering partnership proposals. The Strategic Partnerships Policy objective is to:

…set out the framework for the establishment, management, and governance of partnerships entered into by Byron Shire Council with third parties, and provide clear pathways that assist parties in determining whether Council will consider partnerships ensuring Council is compliant with all relevant legislation and statutory requirements.

The policy states that the outcomes of a proposal must be to generate recurrent revenue, reduce recurrent expenditure or otherwise deliver quantifiable, demonstrable and recurrent benefit to the Council and the community.

The current proposal could be considered, under this policy, an ‘unsolicited proposal’. The process for making and evaluating an unsolicited proposal is defined in the Unsolicited Proposals Guideline. The proponent has previously been offered guidance in relation to this process and is encouraged to consider lodging their proposal formally with Council, so that it can be assessed.

Council should note that there have been several approaches to Council in recent years about the use of Lot 22 for community initiated and run proposals. The advice has been consistent about the Policy, Guidelines and Process.

Existing Council resolutions

There are a number of current resolutions impacting Lot 22 which should be considered by Council in relation to this motion:

· 22-247 - Residential Strategy and Lot 22 update – Council resolved to “Not progress the Planning Proposal for [affordable/diverse housing] on Lot 22 on DP 1073165, Mullumbimby at this time until the implications of the 2022 Flood Events and any further potential natural disasters are understood on the suitability of this land for future development.”

Res 22-247 arose from community input during extensive public consultation on the Residential Strategy v2020. There are community expectations that this work will be completed before further consideration of future uses on Lot 22 can be categorically determined. The resolution did not rule out any specific future land use including potential temporary/transitional housing or a land swap option with Department of Education. Other Strategy and Planning updates current will be used to inform recommendations to Council in this regard. This includes a review of the Recreational Needs Strategy 2017. Any decision on land use by the proposed placemaking initiative partnership and masterplan at this time would be pre-emptive and outside Policy and process.

· 21-273 and 21-496 - Council resolved that prior to receiving a development application that staff prepare a report on a Transitional Supported Accommodation development for Lot 22. On considering the report Council resolved to suspend the preparation of a development application for Transitional Supported Accommodation on part of Lot 22. See comments above.

· 24-336 – Shire Wide Aquatic Strategy – concept designs from the Draft Options Report were resolved in June to be placed on public exhibition. This includes for Mullumbimby – New facility on the preferred site within Lot 22 adjacent to Mullumbimby Skate Park.

· 24-404 - Draft Plan of Management - Council resolved to exhibit a minor amendment to the draft PoM for Lot 22. Exhibition will commence late September. This minor PoM amendment does not replace the need for a full review of the PoM. This will occur once Strategy and Planning updates current are completed. This includes a review of the Recreational Needs Strategy 2017. Any decision on land use by the proposed placemaking initiative partnership and masterplan at this time would be pre-emptive and outside Policy and process.

· 22-684 and 24-056 - Place Plan priorities - In December 2022, Council resolved that Ocean Shores would be the next priority location for a Place Plan. This resolution requested a further report to Council providing a detailed project scope, methodology and budget. In February 2024, Council resolved to expand the scope to include South Golden Beach and New Brighton. The next priority for a Place Plan is Brunswick Heads. Supporting this proposal is inconsistent with Council’s current resolved position.

Regional Precincts and Partnerships (RP&P) Grant Program

The RP&P Grant Program is in its second year of a three-year program. The 2024 round was announced in August 2023, and based on the RP&P Grant Program information, a third round of funding will be offered in 2025, so there remains time for proper assessment of an unsolicited proposal.

Financial/Resource/Legal Implications:

Caretaker provisions - Lot 22 has been a controversial site for a range of reasons and various stakeholders in community have strong connections to it. Staff have reviewed the motion and note it would not offend s328B (Caretaker provisions) of the Local Government Act, however, it might be prudent for Council to consider whether it is in the spirit of caretaker conventions.

Code of Conduct considerations – Without proper assessment of the proposal it is unclear how the apparent pecuniary and non-pecuniary conflicts of interests of the proponent, and individuals and entities associated with the proponent, could be adequately managed by Council. Mullum SEED has existing interests in the land which could be in conflict with the interests of other community stakeholders. It is also assumed that individuals, not-for-profit enterprises (with paid staff) and for-profit businesses who operate in conjunction with Mullum SEED may be involved in the proposal but that cannot be known without proper assessment. If they were, Council would need to be satisfied that any perceived or actual conflicts of interest related to those individuals/organisations could be managed.

Governance - Council has not seen the proposed grant application or had the opportunity assess the details of the proposal, with the motion based on a description of the proposal given during public access at the Ordinary meeting on 15 August 2024. It would not be appropriate for Council to resolve to support something it has not seen or had the opportunity to review and assess.

Is the proposal consistent with any Delivery Program tasks?

No.

The 2024/25 Operational Plan endorsed by Council in June 2024, does not include this activity. If Council determines this to be a priority, it will need to be adequately resourced which may negatively impact existing priority projects.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.1

Staff Reports - Corporate and Community Services

Report No. 13.1 Grants August 2024

Directorate: Corporate and Community Services

Report Author: Donna Johnston, Grants Coordinator

File No: I2024/616

Summary:

Council is waiting on determination of 12 Grant Applications which, if successful, would provide funding to enable the delivery of identified projects. This report provides an update on grant applications.

RECOMMENDATION:

That Council notes the Grant Submissions Report for the month of August 2024 (Attachment 1 #E2024/97352).

Attachments:

1 Grant submissions as at 19 August 2024, E2024/97352

Report

Currently Council has 12 grant applications awaiting determination (refer to Grants Submissions as of 19 August 2024 - Attachment 1, E2024/97352.

Successful applications

The following grants have been successful:

Funding body	Funding scheme	Project name	Total project value $	Amount requested $	Council $
NSW EPA	Local Government Waste Solutions Fund Round 2	Building Byron’s Reuse Economy	$266,960	$198,500	$68,460 (In kind)
NSW EPA	Waste and Sustainable Materials Strategy 2041 (WASM) Litter Prevention Grants Program – Intake 3	Implementation of Litter Prevention Roadmap	$420,000	$420,000	$227,300 (In kind)
NSW Department of Education	Innovation Grant 22-23 Round 2	Afterschool Care Byron and Brunswick Heads	$64,330	$64,330	$0
NSW Climate and Energy Action	Electric vehicle destination charging grants	Lawson Street Car Park EV Charging Station	$14,343	$10,757	$3,585
NSW Climate and Energy Action	Electric vehicle destination charging grants	Mullumbimby Administration car park EV Charging Station	$17,263	$12,947	$4,315
Transport for NSW	Get NSW Active 2024 - 25	Market Street Bangalow (design only)	$100,000	$100,000	$0
Dept of Climate Change, Energy, the Environment & Water	Coastal and Estuary Planning Program 2023-24	Byron Shire Stage 3 Coastal Management Programs for Belongil and Tallow Creek Estuaries	$85,000	$56,664	$28,333

Unsuccessful applications

Funding body	Funding scheme	Project name	Total project value $	Amount requested $	Council $
Transport for NSW	Get NSW Active 2024 - 25	Lighthouse Road shared path - construction	$255,693	$255,693	$0
Transport for NSW	Get NSW Active 2024 - 25	Byron Street shared path	$807,758	$807,758	$0
Transport for NSW	Get NSW Active 2024 - 25	Beach Avenue shared footpath - design	$100,000	$100,000	$0
Feedback: Program significantly oversubscribed. 345 applications received with a value of $267M. 88 projects awarded with a value of $60M. Projects to consider additional elements of place, such are places to rest, streetscaping and lighting. Safety outcomes such as intersection treatments to be considered. Reducing speed zone for Lighthouse Road to support safety outcomes.
NSW Department of Planning & Environment	Boating Now Round 4	Brunswick River Light Craft Launching Ramp Plan	$55,000	$40,000	$15,000
Feedback: Program is no longer going ahead and has been subject to a review by the NSW Government.
NSW Department of Planning and Environment	Flood Recovery and Resilience Grant Program	Federation Bridge debris implementation - camphor removal	$130,000	$130,000	$0
NSW Department of Planning and Environment	Flood Recovery and Resilience Grant Program	Saltwater Creek upgrade assessment and mitigations option study	$450,000	$450,000	$0
Feedback: Federation Bridge debris camphor removal did not rate highly enough to meet the objectives of the program. Saltwater Creek aligned with a flood study that cannot be funded under this program; Council should apply under the next round of the Floodplain Management Program.

Upcoming Grant opportunities

Spontaneous Volunteers Support Program | NSW Government

The Spontaneous Volunteers Support Program (SVSP) has been established in response to the 2022 NSW Flood Inquiry’s recommendation that the NSW Government create a program to support better coordination of community efforts to save life and property during a disaster. The Program is also informed by the NSW Government Review of Emergency Volunteering (2023).

The SVSP will provide $5 million in funding to projects across NSW to support communities and volunteers to be better prepared, supported, coordinated and mobilised to respond to disaster events.

Potential Grant Amount: $50,000 to $100,000

Staff are currently preparing an application to support spontaneous volunteering within the shire.

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership	1.3: Ethical and efficient management of resources	1.3.1: Financial Management - Ensure the financial integrity and sustainability of Council through effective financial management	1.3.1.9	Coordinate grant applications to support the delivery of Council projects and services within management plans, masterplans, strategic plans, council resolutions and high priority actions from feasibility studies; and support the management of successful grants

Legal/Statutory/Policy Considerations

Under section 409 3(c) of the Local Government Act 1993 Council is required to ensure that ‘money that has been received from the Government or from a public authority by way of a specific purpose advance or Grant, may not, except with the consent of the Government or public authority, be used otherwise than for that specific purpose’. This legislative requirement governs Council’s administration of Grants.

Financial Considerations

If Council is successful in obtaining the identified Grants, this would bring funding sought to approximately $11.7 million which would provide significant funding for Council projects. Some of the Grants require a contribution from Council (either cash or in-kind) and others do not. Council’s contribution is funded.

The potential funding is detailed below:

Funding applications submitted and

awaiting notification (total value) $11,745,678

Requested funds from funding bodies $11,491,008

Council contribution cash $254,670

Council co-contribution in-kind $254,670

Other contributions $0

Funding determined in August 2024:

Successful applications $967,896 (total project value)
Unsuccessful/withdrawn applications $798,451 (total project value)

Consultation and Engagement

Cross-organisational consultation has occurred in relation to the submission of relevant grants, and the communication of proposed grant applications.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.2

Report No. 13.2 Council Investments - 1 July 2024 to 31 July 2024

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2024/1094

Summary:

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

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

RECOMMENDATION:

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

Report

Council has continued to maintain a diversified portfolio of investments. As of 31 July 2024, the average 90-day bank bill rate (BBSW) for the month was 4.54%. Council’s performance for July 2024 was 4.73%. A higher BBSW indicates that Council earned a better return on its short-term investments compared to the market average.

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

Schedule of Investments held as at 31 July 2024

Purch Date		Principal ($)			Description	CP*	Rating	Maturity Date	Fossil Fuel	Type	Int. Rate	Current Value ($)
15/11/18		1,000,000.00			NSW Treasury Corp (Green Bond)	N	AAA	15/11/28	N	B	3.00%	971,690.00
28/03/19		1,000,000.00			National Housing Finance & Investment Corporation	Y	AAA	28/03/29	N	B	2.38%	928,370.00
21/11/19		1,000,000.00			NSW Treasury Corp (Sustainability Bond)	N	AAA	20/03/25	N	B	1.25%	973,140.00
27/11/19		500,000.00			National Housing Finance & Investment Corp	Y	AAA	27/05/30	N	B	1.52%	434,937.50
15/06/21		500,000.00			National Housing Finance & Investment Corp	Y	AAA	01/07/31	N	B	1.99%	500,346.07
06/09/21		1,000,000.00			Northern Territory TCorp	N	Aa3	15/12/26	N	B	1.40%	1,000,000.00
16/09/21		1,000,000.00			QLD Treasury Corp (Green Bond)	N	AA+	02/03/32	N	B	1.83%	813,490.00
30/10/23		850,000.00			Bank Australia Ltd	P	BBB+	30/10/26	N	FRN	5.84%	854,230.32
21/02/24		500,000.00			Bank Australia Ltd	N	BBB+	21/02/28	N	FRN	6.04%	503,768.22
27/11/23		1,000,000.00			Westpac Tailored	P	AA-	27/11/24	N	TD	5.40%	1,000,000.00
04/12/23		2,000,000.00			Bank of QLD	P	A-	04/10/24	N	TD	5.10%	2,000,000.00
07/02/24		1,000,000.00			Auswide Bank	P	BBB-	07/08/24	N	TD	5.15%	1,000,000.00
06/03/24		2,000,000.00			Beyond Bank	P	BBB	04/09/24	N	TD	5.05%	2,000,000.00
07/03/24		2,000,000.00			Judo Bank	P	BBB-	05/09/24	N	TD	5.20%	2,000,000.00
14/03/24		1,000,000.00			Bank of QLD	N	A-	16/09/24	N	TD	5.17%	1,000,000.00
08/05/24		2,000,000.00			Judo Bank	N	BBB	07/08/24	N	TD	5.05%	2,000,000.00
13/05/24		5,000,000.00			MyState Bank	P	BBB	13/11/24	N	TD	5.20%	5,000,000.00
20/05/24		1,000,000.00			MyState Bank	N	BBB	19/08/24	N	TD	5.05%	1,000,000.00
20/05/24		1,000,000.00			Judo Bank	N	BBB	19/08/24	N	TD	5.10%	1,000,000.00
22/05/24		1,000,000.00			MyState Bank	N	BBB	21/08/24	N	TD	5.05%	1,000,000.00
29/05/24		1,000,000.00			MyState Bank	N	BBB	27/08/24	N	TD	5.10%	1,000,000.00
05/06/24		5,000,000.00			Bank of QLD	N	A-	05/12/24	N	TD	5.20%	5,000,000.00
05/06/24		5,000,000.00			NAB	P	AA-	02/12/24	Y	TD	5.10%	5,000,000.00
05/06/24		5,000,000.00			Police Bank	P	BBB	04/12/24	N	TD	5.20%	5,000,000.00
06/06/24		2,000,000.00			Beyond Bank	N	BBB	05/09/24	N	TD	5.05%	2,000,000.00
18/06/24		2,000,000.00			NAB	N	AA-	16/09/24	Y	TD	5.00%	2,000,000.00
21/06/24		2,000,000.00			NAB	N	AA-	19/09/24	Y	TD	5.00%	2,000,000.00
27/06/24		1,000,000.00			Auswide Bank Ltd	N	BBB-	27/09/24	N	TD	5.05%	1,000,000.00
03/07/24		1,000,000.00			Bank of QLD	N	A-	03/01/25	N	TD	5.25%	1,000,000.00
03/07/24		2,000,000.00			MyState Bank	N	BBB	07/01/25	N	TD	5.35%	2,000,000.00
04/07/24		1,000,000.00			Judo Bank	N	BBB-	02/10/24	N	TD	5.15%	1,000,000.00
08/07/24		2,000,000.00			NAB	N	AA-	08/10/24	Y	TD	5.15%	2,000,000.00
10/07/24		4,000,000.00			Beyond Bank	N	BBB	09/10/24	N	TD	5.15%	4,000,000.00
10/07/24		5,000,000.00			NAB	N	AA-	06/01/25	Y	TD	5.35%	5,000,000.00
11/07/24		5,000,000.00			Beyond Bank	N	BBB	09/01/25	N	TD	5.35%	5,000,000.00
11/07/24		5,000,000.00			Judo Bank	N	BBB-	13/01/25	N	TD	5.35%	5,000,000.00
17/07/24		1,000,000.00			NAB	N	AA-	15/10/24	Y	TD	5.15%	1,000,000.00
18/07/24		1,000,000.00			Judo Bank	N	BBB-	18/10/24	N	TD	5.05%	1,000,000.00
29/07/24		1,000,000.00			NAB	N	AA-	28/10/24	Y	TD	5.10%	1,000,000.00
N/A		26,144,526.05			CBA Business Saver	P	AA-	N/A	Y	CALL	4.35%	26,144,526.05
N/A		547,015.10			CBA Business Saver – Tourism Infrastructure Grant	N	AA-	N/A	Y	CALL	4.35%	547,015.10
N/A		10,249,221.86			Macquarie Accelerator Call	N	A	N/A	Y	CALL	4.20%	10,249,221.86
Total		114,290,763.01								AVG	4.66%	113,920,735.12
	Note 1.		CP = Capital protection on maturity

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

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


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

Environmental and Socially Responsible Investing (ESRI)

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

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

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

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

With the lifting of the NSW Treasury Corporation loan borrowing covenant on Council’s investments, growth has recommenced in acquiring investments not aligned with fossil fuels. Council’s portfolio reached its lowest point in August 2023 at 15% and as at 31 July 2024, the portfolio has increased to 47%.

Investment Policy Compliance

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

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

Investment policy compliance
% should not exceed the following			ACTUAL

AAA to AA	A1+	100%	49%	Meets policy
A+ to A-	A1	60%	16%	Meets policy
BBB to NR	A2,NR	40%	35%	Meets policy

Dissection of Council Investment Portfolio as at 31 July 2024

Principal Value ($)	Investment Linked to:	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
70,000,000.00	Term Deposits	70,000,000.00	0.00
26,144,526.05	CBA Business Saver	26,144,526.05	0.00
547,015.10	CBA Business Saver – Tourism Infrastructure Grant	547,015.10	0.00
10,249,221.86	Macquarie Accelerator	10,249,221.86	0.00
7,350,000.00	Bonds/Floating Rate Notes	6,979,972.11	(370,027.89)
114,290,763.01	Total	113,920,735.12	(370,027.89)

Council’s overall ‘cash position’ is not only measured by funds invested but also by the funds retained in its consolidated fund or bank account for operational purposes. The table below identifies Council’s overall cash position for the month of July 2024 as follows:

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

Item	Principal Value ($)	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
Investments Portfolio
Term Deposits	70,000,000.00	70,000,000.00	0.00
CBA Business Saver	26,144,526.05	26,144,526.05	0.00
CBA Business Saver – Tourism Infrastructure Grant	547,015.10	547,015.10	0.00
Macquarie Accelerator	10,249,221.86	10,249,221.86	0.00
Bonds	7,350,000.00	6,979,972.11	(370,027.89)
Total Investment Portfolio	114,290,763.01	113,920,735.12	(370,027.89)
Cash at Bank
Consolidated Fund	3,686,599.15	3,686,599.15	0.00
Total Cash at Bank	3,686,599.15	3,686,599.15	0.00
Total Cash Position	117,977,362.16	117,607,334.27	(370,027.89)

Strategic Considerations

Community Strategic Plan and Operational Plan

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

Legal/Statutory/Policy Considerations

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

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

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

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

Financial Considerations

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

Assessment:

INTRODUCTION

History/Background

In terms of the above history the property has approval for a 15 dwelling Multiple Occupancy with DA10.2014.327.1 approving 10 dwelling sites and DA10.2023.342.1 approving a further 5 dwelling sites to the property. At present there are two historical dwellings on the land approved under BA78/2284 and BA80/2237.

Description of the proposed development

This application seeks approval for Community Title Subdivision Comprising Fifteen Neighbourhood Lots and 1 Association Property. The DA provides some further descriptive details on the proposal as follows:

The details shown in Table 4 have changed as a result of the adjusted proposed Lot boundaries, as shown in the Subdivision Comparison and Subdivision Layout plans that are recommended for approval by this Report. The plans of the subdivision and Vegetation Management Plan which are recommended for approval are included as Attachment 2 and Attachment 3 of this Report, respectively.

Description of the site

A site inspection was carried out on 6 October 2023.

Land is legally described	LOT: 8 DP: 1163687
Property address	409 Coorabell Road COORABELL
Land is zoned:	C2 Environmental Conservation RU2 Rural Landscape 1(a) (General Rural Zone)
Land area is:	59.1 hectares
Property is constrained by:	Bush Fire Prone Land High Environmental Value Vegetation
	Is a BDAR required due to the location of the proposed development?	☐ Yes ☒ No
	Are there any easements in favour of Council affecting the site?	☐ Yes ☒ No
	Is there a Vegetation Management Plan which might affect the proposal?	☒ Yes ☐ No
	Is there a Voluntary Planning Agreement which might affect the proposal?	☐ Yes ☒ No

SUMMARY OF REFERRALS

Referral	Issue
Environmental Health Officer	No objections subject to conditions.
Development Engineer	No objections subject to conditions.
S7.11 / Contributions Planner	No objections subject to conditions.
Ecologist	No objections subject to recommended condition 1 including the Vegetation Management Statement.
Rural Fire Service (100B)	No objections subject to the General Terms of Approval and Bush Fire Safety Authority included in the Recommendation of this Report below.

SECTION 4.14 – BUSH FIRE PRONE LAND

Under section 4.14 of the Act, Council must be satisfied prior to making a determination for development on bush fire prone land, that the development complies with the document ‘Planning for Bush Fire Protection 2019’’. The site is bush fire prone land and subdivision of bush fire prone land that is capable of being used for residential purposes is integrated development. The NSW RFS has issued its General Terms of Approval and Bush Fire Safety Authority and these are included in the recommendation of this Report below.

Effect of 10/50 rule on significant vegetation: No objections have been raised by Council’s Ecologist in response to the likely impacts of the 10/50 Code.

SECTION 4.15C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

Having regard to the matters for consideration detailed in Section 4.15(1) of the Environmental Planning & Assessment Act 1979 (EP&A Act), the following is a summary of the evaluation of the issues.

State Environmental Planning Policies (SEPP)

Considerations	Satisfactory	Unsatisfactory
Biodiversity and Conservation SEPP 2021 Consideration: No objections have been raised by Council’s Ecologist in relation to the provisions of the Biodiversity and Conservation SEPP.	☒	☐
Resilience and Hazards SEPP 2021 Consideration: Council’s Environmental Health Officer advises as follows in relation to potential for contamination: “SEPP55 was considered for 10.2015.327.1 & 10.2020.442.1. See comments below extracted from 10.2020.442.1: Information provided by the current land owner Mr. Peter De Heer contained in a Statutory Declaration dated 6 June 2014 indicates that past activities undertaken on the property, in particular in proximity to the proposed building envelopes comprise dairy farm activities. Cattle dipping was not undertaken on the subject site. Kennell Cattle Dip (capped in 1988) is located approximately 600 metres from the northern property boundary. Mr De Heer indicates that no bananas were grown on the site. Council’s records indicate that a ‘packing shed’ was approved under BA77/2250 (file associated with parent parcels 157750 & 175560). Further investigation identifies the packing shed as the large barn located at the intersection of two access roads. Council’s records indicated that the use of the packing shed was for activities associated with orchard fruit, beekeeping, and wool. No significant observable point sources such as drums, wastes, rubbish or unusual odours, or yellowing of vegetation were observed during site inspection undertaken on 11/7/2014 and 29/03/2021. No further information is required, the site is considered to be suitable for the intended development.”	☒	☐
Transport and Infrastructure SEPP 2021 Consideration: The proposal is satisfactory having regard to the provisions of the Transport and Infrastructure SEPP.	☒	☐

4.2A Byron Local Environmental Plan 2014 (LEP 2014)

LEP 2014 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP&A Act because it applies to the subject land and the proposed development.

In accordance with LEP 2014 clauses 1.4 and 2.1 – 2.3:

(a) The proposed development is defined as subdivision of land;

(b) In relation to LEP 2014, the land is within the C2 Environmental Conservation and RU2 Rural Landscape Zones according to the Land Zoning Map;

(d) Regard is had for the Zone Objectives as follows:

C2 Zone Objective	Consideration
To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.	The proposal appropriate protects, manages and restores, to the extent necessary having regard to advice from Council’s areas of expertise, areas of high ecological, scientific, cultural or aesthetic values of the locality.
To prevent development that could destroy, damage or otherwise have an adverse effect on those values.	The proposal minimises the extent of destruction, damage or adverse effects on these values.
No dwelling sites are located in the C2 Zone

RU2 Zone Objective	Consideration
To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.	The proposal is not expected to have a significantly adverse impact on any sustainable primary industry production or the natural resource base of the locality.
To maintain the rural landscape character of the land.	The proposal appropriately maintains the rural landscape character of the land having regard to the multiple occupancy approvals which have already been granted.
To provide for a range of compatible land uses, including extensive agriculture.	The proposal supports the multiple occupancy usage and fits into the range of compatible land uses, including extensive agriculture.
To enable the provision of tourist accommodation, facilities and other small-scale rural tourism uses associated with primary production and environmental conservation consistent with the rural character of the locality.	The proposal does not dimmish the extent to which tourist accommodation, facilities and other small-scale rural tourism uses associated with primary production and environmental conservation consistent with the rural character of the locality can be provided.
To protect significant scenic landscapes and to minimise impacts on the scenic quality of the locality.	The proposal will not have a significant impact on any significant scenic landscapes and appropriately minimises impacts on the scenic quality of the locality.

The proposed development complies with all clauses of LEP 2014 (in some cases subject to conditions and/or to the satisfaction of other assessing officers).

Clause 4.1B Minimum subdivision lot size for multiple occupancy or rural community title developments

The subject property contains an existing approved Multiple Occupancy with conditions of consent complied with as per DA10.2014.327.1 in relation to the upgrade of the onsite sewage management system for the existing dwelling under Condition 25, whilst the property is also mapped under Byron LEP 2014 as an MO/ CT site. The number of lots proposed for residential purposes equates to the 15 dwelling sites approved for the MO, with a residual lot proposed as an Association lot for common purposes (vegetation management and the like)

Appropriate management measures are in place that will ensure the protection and enhancement of the landscape, biodiversity and rural setting of the land – the application is accompanied by documents including for example the draft Neighbourhood Management Statement, Vegetation Management Plan with additional supporting Ecological Information, Water Management Plan and Wastewater Management Plan which, to the satisfaction of relevant areas of expertise, ensure appropriate protection and enhancement of the landscape, biodiversity and rural setting of the land, subject to conditions.

It is considered improved social and economic outcomes can be achieved, with the proposed subdivision supporting an already approved multiple occupancy development without causing any significantly adverse social and economic outcomes for the locality. Appropriate mitigation measures are in place to minimise land use conflicts, with existing agricultural and other rural land uses being undertaken on the land or neighbouring land, that may arise from further development on the land, noting the subdivision will provide title to 15 approved residential dwelling sites.

Clause 6.2 Earthworks,

the proposal is unlikely to have a significant impact in relation to the:

(a) disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,

(b) the effect of the development on the likely future use or redevelopment of the land,

(d) the effect of the development on the existing and likely amenity of adjoining properties,

(e) the source of any fill material and the destination of any excavated material,

(f) the likelihood of disturbing relics,

(g) the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area, and

(h) employment of appropriate measures through conditions to minimise the impacts of the development.

Appropriate conditions of consent are recommended in relation to the installation of sedimentation and erosion controls, disturbance of relics and the use of clean fill only. It is considered the proposal won’t have an adverse impact on the locality, drainage lines, watercourses and the drinking water catchment or environmentally significant areas.

Clause 6.5 Drinking water catchments:

The development is designed and sited to manage and minimise any significant adverse impact on water quality and flows. Effluent disposal for future dwellings will need to be deigned in accordance with Councils requirements, whilst appropriate measures are to be installed to control sediment and erosion

Clause 6.6 Essential services:

The site has suitable vehicle access to and from Coorabel Road, with power and telecommunications available to service the development. Water is to be harvested from the roofs of dwellings whilst effluent will need to be disposed of onsite in accordance with Councils requirement for residential development not connected to reticulated sewer.

4.2B Byron Local Environmental Plan 1988 (LEP 1988)

There appears to be a small area of land of approximately 200m² is still zoned 1(a) rural adjacent to Coorabell Road which encompasses the driveway into the property. This is something of an anomaly as to how it has not been incorporated into the BLEP 2014 through the E Zone reviews to date. The 1(a) Zone portion is to remain within the larger common property parcel known as Lot 1, and as it is not to be subdivided or fragmented further, it is considered that the proposal does not breach any planning controls within Byron LEP 1988.

4.3 Any proposed Instrument that has been the subject of public consultation and has been notified to the consent authority

There are no proposed instruments of significant applicability to the proposed development.

4.4A Byron Shire Development Control Plan 2014 (DCP 2014)

DCP 2014 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP& A Act because it applies to the land to which LEP 2014 applies.

The proposed development is demonstrated to meet the relevant Objectives of all relevant Parts/Chapters (in some cases subject to conditions and/or to the satisfaction of other assessing officers).

In relation to Chapter B1: Biodiversity, Council’s Ecologist raised no objection to the proposal, including approval of the submitted Vegetation Management Plan.

In relation to Chapter B3: Services:

(a) the future dwellings are able to be provided with an on-site water supply,

(b) the site is serviced by the electricity grid,

(c) Council’s Environmental Health Officer raises no concerns in relation to the suitability of the site for the on-site disposal and management of sewage, noting that the multiple occupancies approved for the site have already taken this into consideration

(d) stormwater drainage is able to be provided, and

(e) suitable vehicular access is proposed to the satisfaction of Council’s Development Engineer, subject to conditions.

In relation to Chapter B4: Traffic Planning, Vehicle Parking and Circulation, Council’s Development Engineer raises no objection to the proposal subject to upgrade road / access driveway conditions.

In relation to Chapter B6: Buffers and Minimising Land Use Conflict, Council’s Environmental Health Officer raises no objection to the proposal in relation to potential for land use conflicts, noting previous approvals for multiple occupy development on this site are already in place.

In relation to Chapter B8: Waste Minimisation and Management, Council’s Development Engineer raises no objection to the proposed garbage truck access and turnaround (Diagram B mentioned above), and a condition is recommended in relation to the Neighbourhood Management Statement in this regard.

In relation to Chapter C4: Drinking Water Catchment, the proposal is satisfactory as mentioned above in relation to impact on the quality and quantity of water including measures to protect the water catchment by way of recommended consent conditions.

In relation to D2.8 Community Title Development of Rural Land, Council’s Ecologist has raised no objection to the proposal subject to approval of the submitted vegetation management plan.

D6 Subdivision

In relation to D6.3.5 Rural Community Title Subdivision:

1. The number of lots resulting from the proposed subdivision (being a conversion of existing approved multiple occupancies to rural community title subdivision) equals the number of approved house sites (excluding the neighbourhood lot/common land) identified in the multiple occupancy approvals, being 15 in each case.

2. Consent may be granted to this development application the following has been considered by Council:

a) the submitted water management plan (E2023/93433) – Council’s DCP requires that rural dwellings without reticulated water are to have a minimum domestic tank capacity of 40,000 litres and that in bushfire prone areas additional water dedicated for fire fighting purposes is to be provided. These provisions would be a consideration in the assessment of any DA for a dwelling-house on one of the proposed lots. A condition is recommended requiring that the Management Statement must include measures for first flush or bypass devices for rainwater tanks used for domestic / residential purposes with a minimum supply of 40,000 litres for each dwelling house excluding bushfire requirements.

b) the submitted on-site sewage management plan (E2023/93432) – no objections have been raised by Council’s Environmental Health Officer subject to conditions;

c) the submitted Neighbourhood Management Statement for waste management (E2023/93426) – Council’s Development Engineer confirms the following in this regard: “The proposed collection of refuse is within the front section of the site. The site contours confirms that the grade is less than 16%, therefore complies with the grade requirement in Chapter B8 of DCP 2014. There are no safety issues identified because the collection of refuse is solely within the site. The proposal is supported.” Also refer to Diagram B on the Subdivision Comparison Plan. A condition is recommended requiring that the Management Statement must specify (a) how residents will manage transportation of waste from individual properties to the communal Bin Storage Area in the location shown on the approved plan (Diagram B), (b) responsibilities for keeping the waste collection area clean and presentation of bins on collection day on site and (c) specify the requirements for all residents to sign an indemnity agreement allowing access for the council collection service provider;

d) the submitted vegetation management plan and planting requirements (E2023/95872 and E2024/18032) – no objections have been raised by Council’s Ecologist. Recommended condition 1 includes the approved Vegetation Management Plan. The Neighbourhood Management Statement By-law 12.3 of the Neighbourhood Management Statement in conjunction with By-law 24 include provisions relating to responsibilities of the Executive Committee and Neighbourhood Lot proprietors in relation to the Vegetation Management Plan;

e) the submitted bushfire management plan, resulting in the RFS General Terms of Approval and Bush Fire Safety Authority (E2024/30625);

f) measures to address the unauthorised / unapproved illegal construction and occupation of dwelling houses was actually addressed in the assessment of principally the first prior multiple occupancy application. A condition is included in the Recommendation of this report below requiring that the subdivision certificate must not be issued unless the Community Office / Centre approved in accordance with the consent to Development Application No. 10.2014.327.1 has been completed in accordance with that consent and an Occupation Certificate has been issued;

g) a draft neighbourhood management statement consistent with the Community Land Development Act 1989, including but not limited to the following:

i) provision for bushfire management – refer to by-laws in 23;

ii) a prohibition on domestic cats and dogs or provisions providing for their management – refer to by-laws in 19;

iii) provision for environmental repair and enhancement – refer for example to by- laws in 18, 24 and others;

iv) provision for waste management – refer for example to by-laws in 8 and 16;

v) provision for water management - A condition is recommended requiring that the Management Statement must include measures for first flush or bypass devices for rainwater tanks used for domestic / residential purposes with a minimum supply of 40,000 litres for each dwelling house excluding bushfire requirements;

vi) provision for on-site sewage management – refer for example to the by-laws in 16;

vii) provision for design and construction of any new dwellings – this is actually considered to be more appropriately assessed at the time when a new dwelling is proposed, against relevant policy provisions;

viii) provision for safe vehicular access and driveways in accordance with Northern Rivers Development and Design Manual – Council’s Development Engineer has raised no objection to the proposal subject to conditions.

3. No credits have been given as there are no nominated vegetation management works that have been completed previously as part of a development application.

4.4B Byron Shire Development Control Plan 2010 (DCP 2010)

The proposal raises no issues under DCP 2010.

4.5 Environmental Planning and Assessment Regulation 2021 considerations

Environmental Planning and Assessment Regulations 2021	Applicable to the proposal:	Considered the control as it relates to the proposal:	If this control is applicable, does the proposal comply?
Section 61 - Additional matters that consent authority must consider	☐ Yes ☒ No	☐ Yes ☐ No ☒ NA	☐ Yes ☐ No ☒ NA
Section 62 - Consideration of fire safety	☐ Yes ☒ No	☐ Yes ☐ No ☒ NA	☐ Yes ☐ No ☒ NA
Section 64 - Consent authority may require upgrade of buildings	☐ Yes ☒ No	☐ Yes ☐ No ☒ NA	☐ Yes ☐ No ☒ NA
Section 63 - Considerations for erection of temporary structures	☐ Yes ☒ No	☐ Yes ☐ No ☒ NA	☐ Yes ☐ No ☒ NA

4.6 The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

4.6.1

Impact on:	Likely significant impact/s?
Natural environment	No. The proposal will not have a significantly adverse impact on the natural environment of the locality.
Built environment	No. The proposal will not have a significantly adverse impact on the built environment of the locality.
Social Environment	No. The proposal will not have a significant social impact on the locality.
Economic impact	No. The proposal will not have a significant economic impact on the locality.
Construction Impacts	No. The development will generate minor impacts during its construction. Conditions of consent recommended to control hours of work, builders waste, construction noise, installation of sedimentation and erosion control measures and the like to ameliorate such impacts.

4.6.2 Marine Estate Management Act 2014

Considering the properties location in the hinterland, the development is unlikely to have an effect on the plants or animals within the Cape Byron Marine Park or their habitat.

4.6.3 Council Policies applicable to the proposed development?

Council Policy	Consideration
Management of Contaminated Land Policy	No objections have been raised by Council’s Environmental Health Officer in relation to potential for contamination.

4.7 The suitability of the site for the development

Noting the property has recently been approved for 15 dwelling Multiple Occupancy, being relatively unconstrained, with suitable road access, the site is considered suitable for the proposed development, subject to conditions of consent.

4.8 Submissions made in accordance with this Act or the regulations

The development application was publicly exhibited.

There were 2 submissions made on the development application included as Attachment 4 to this Report, with the main issue regarding the location of the dwelling envelopes on Lots 13 and 14 being inconsistent with MO Approved dwelling sites A3 and A4.

Specifically, we object to the inclusion of Lots 13 & 14 in this development.

By including these lots, and therefore the possibility of dwellings being built on Lots 13 & 14, it appears that the applicant is seeking to overturn or completely ignore the previous decision made by the Byron Shire Council for DA 10.2020.442.1.

On this occasion in February 2022 the consent was granted for a Multiple Occupancy on the basis that two of the proposed dwelling sites (F1 & F2 on the original plan) (Later renamed A3 & A4 on the amended plan) were relocated back over the other side of the hill that is directly behind and adjacent to our properties.

If approved, Lots 13 & 14 again make it possible for dwellings to be built in essentially the same position as F1 & F2 on the original plan. Therefore, we would reasonably expect that the Council would uphold their previous determination and not allow this to occur.

Our concern & also that of our neighbours is the close proximity of Lots 13 & 14, and therefore the impact, both aesthetically and environmentally, on the peaceful rural lifestyle we had hoped to enjoy during our retirement years.

The road itself, required to access Lots 13 & 14, would be a blight on the natural landscape that we all currently enjoy. It would change the whole character of the surrounding countryside.

Comment:

With reference to the highest point of the site, the indicative building envelopes on proposed Lots 13 and 14 as originally applied for under this DA were contrary to the approved locations under the multiple occupancy approval (sites A3 and A4, respectively). eg.


DA 10.2020.442.1 approved plan	DA 10.2023.342.1 originally submitted plan

The location of the proposed indicative building envelopes for Lots 13 and 14 under the subdivision have been improved with reference to the approved multiple occupancy plans as follows.

A condition is recommended requiring that a Section 88B Instrument and one (1) copy are to be submitted with the application for a subdivision certificate, and that the final plan of subdivision and accompanying Section 88B Instrument are to provide for restrictions to limit the erection of dwellings to within the nominated indicative building envelopes for Lots 13 and 14 only as indicated on the approved Subdivision Comparison and Subdivision Layout plans, except as otherwise approved by Council.

4.9 Public interest

The proposed development is unlikely to prejudice or compromise the public interest or create an undesirable precedent.

DEVELOPER CONTRIBUTIONS

5.1 Water & Sewer Levies

No Section 64 levies will be required.

5.2 Developer Contributions

Section 7.11 Contributions will be payable.

DISCLOSURE OF POLITICAL DONATIONS AND GIFTS

Disclosure details

Response

Has a Disclosure Statement been received in relation to this application?

If Yes, Provide Disclosure Statement register reference: 91.

Yes ☐ No ☒

Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed.

Yes ☐ No ☒

CONCLUSION

The DA proposes Community Title Subdivision Comprising Fifteen Neighbourhood Lots and 1 Association Property. The proposed development is satisfactory having regard to the relevant environmental planning instruments and planning controls applicable to the site. The proposal raises no significant issues in terms of environmental impacts which cannot be managed. The site is an appropriately serviced, unconstrained property and is considered suitable for the proposed development. The application is recommended for approval subject to conditions of consent.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.4

Report No. 13.4 PLANNING - Section 4.55 10.2021.511.3 Modification to the eastern dwelling and swimming pool component of an approved dual occupancy at 865 Broken Head Road, Broken Head

Directorate: Sustainable Environment and Economy

Report Author: Patricia Docherty, Team Leader Planning Services - Commercial Industrial & Tourism

File No: I2024/1211

Proposal:

Modification No:	10.2021.511.3
Proposed modification:	Modification to the eastern dwelling and swimming pool component of an approved dual occupancy
Original Development:	Dual occupancy (detached) and Swimming Pool
Type of modification sought:	4.55(2) Other modifications
Property description:	LOT: 8 DP: 840653
Property description:	865 Broken Head Road BROKEN HEAD
Parcel No/s:	200460
Applicant:	Town Planning Studio Pty Ltd
Owner:	CHLH Management Pty Ltd
Zoning:	Byron LEP 2014 RU2 Rural Landscape / PART C2 Environmental Conservation Byron LEP 1988 Part 7D Scenic Escarpment Zone/ Part 7K (Habitat) Zone Both dwellings are located entirely within the RU2 Rural Landscape zone.
Date received:	14 June 2024
Original DA determination date:	11 August 2022
Integrated Development:	No
Public notification or exhibition:	- Level 2 advertising under the Byron Shire Council Community Participation Plan. - Exhibition period: 25 June 2024 - 8 July 2024 - Submissions received: none
Planning Review Committee:	At the time of assessment, no planning review committee is scheduled until after the 2024 Local Government Elections. Modification 10.2023.511.3 is being presented to Council for consideration in the first instance, to minimise any avoidable delays to determination.
Delegation to determination:	Council
Issues:	No issues of significance that are not addressed by conditions of consent.

Summary:

An application has been received to modify the design of the eastern dwelling and swimming pool component of an approved dual occupancy.

Part of the eastern dwelling was split between Byron LEP 1988 and Byron LEP 2014 zoning when the original application was approved for a dual occupancy (detached) and swimming pool. The original application required a variation to the development standard Clause 40 Height under Byron LEP 1988. The floor of the topmost floor level of the building exceeded 4.5 metres above the existing ground level and the variation exceeded 10% so could not be determined under staff delegation. The LEP has since been amended and the dwellings are entirely located in the LEP 2014 RU2 Rural Landscape Zone with a 9 metre height limit. The dwelling does not exceed the height limit applicable under Clause 4.3 of Byron LEP 2014 and the variation to a development standard is no longer required.

The modification application is required to be determined by Council because the original development application was approved by Council and there has been no available Planning Review Committee agenda meeting to allow for the application to be considered under staff delegation.

The application includes revised development plans prepared by Harley Graham and Associates enclosed in Attachment 1 of this report. The modification application was also supported by updated Bushfire and Flora & Fauna Assessment Reports. The reports support the original application assessment to provide compensatory planting and restoration via a condition to prepare a Biodiversity Conservation Management Plan in accordance with Chapter B1 Biodiversity of Byron DCP 2014. A recommendation to include increased restoration and compensatory planting is detailed in an amendment to the existing condition.

The application includes sufficient information to demonstrate that the modification is substantially the same development as that originally approved. The proposed modified conditions to be modified in accordance with the recommendation of this report are enclosed at Attachment 2. A copy of the existing conditions is enclosed at Attachment 3 for reference.

The proposal is satisfactory having regard to relevant matters for consideration and the section 4.55 application is recommended for approval subject to modifying the current conditions of consent as listed in the Recommendation of this Report below.

NOTE TO COUNCILLORS:

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

RECOMMENDATION:

That pursuant to Section 4.55 of the Environmental Planning & Assessment Act 1979, Application No. 10.2021.511.3 for Modification to the eastern dwelling and swimming pool component of an approved dual occupancy detailed on the architectural plans in Attachment 1 (E2024/60566) of this report, be approved by modifying conditions numbered 1, 5, 6, 15, 17 and 63, under Development consent number 10.2021.511.1, as indicated in Attachment 2 (E2024/99059) of this report.

Attachments:

1 DA 10.2021.511.3 - Architectural Plans, E2024/60566

2 DA 10.2021.511.3 - Recommended Amended Conditions of Consent, E2024/99059

3 DA 10.2021.511.3 Current Conditions to be Modified, E2024/99948

Assessment:

1. INTRODUCTION

1.1. History/Background

Development Approvals:

6.1982.2049.1 – Dwelling

5.1991.467.1 – Miscellaneous (withdrawn)

5.1993.409.1 – Subdivision, Approved 15/03/1994

5.1997.107.1 – Dwelling and Demolition of Existing Dwelling (withdrawn)

5.1997.375.1 – Dwelling and Demolition Existing Dwelling, Approved 19/11/1997

6.1997.2459.1 – BA Dwelling, Approved 26/03/1998

16.2003.101.1 – Swimming Pool, Approved 29/07/2003

10.2009.442.1 – Securing of Dwelling from Pool and Removal of Pool Fencing, Approved 23/10/2009

10.2020.325.1 – Cabana, Approved 14/08/2020

10.2021.511.1 – Dual occupancy (detached) and Swimming Pool, Approved 11/08/2022

10.2021.511.2 - S4.55 to Delete Condition 26(f) relating to Removal of Bamboo Plantings adjacent to the Northern Property Boundary, Approved under staff delegation 1/3/2023 (Note. Planning Review Committee held on 1 December 2022 - Delegated to Staff. Council Resolution 22-706 Resolved that Council endorses the outcomes of the Planning Review Committee meeting held on 1 December 2022.)

Council approved a part road closure at a meeting of Council on 23 November 2023 Report No 13.18 - Part Road Reserve Closure and sale adjoining Lot 8 DP 840653, 865 Broken Head Road, Broken Head NSW - RESOLUTION NUMBER:23-546

The demolition of the dwelling approved under DA 6.1997.2459.1 has already been undertaken. The applicant has provided evidence of commencement of DA 6.1997.2459.1. This approval will be surrendered, and a condition of consent is recommended to require this.

1.2. Description of the proposed development

This application seeks approval for a modification to the eastern dwelling and swimming pool component of an approved dual occupancy. It is proposed to modify the approved plans of the development to accommodate the following changes to the eastern dwelling. No changes are proposed to the western dwelling:

Lower Floor Level

· Reduce the area of the gym and reposition to the north-west.

· Separate the plant room from the gym.

· Add a storage room adjacent to the plant room.

· Provide a single flight staircase to the level above.

· Reposition water tanks.

Ground Floor Level

· Add a 3 x bay carport to the eastern side of the driveway area.

· Reconfigure and reduce the 3 x bedroom spaces on the eastern side of the dwelling to provide 2 x bedrooms with ensuites.

· Relocate a bedroom from the eastern to the western side of the dwelling and add an adjacent studio space.

· Relocate the laundry to the northern side of Bedroom 4.

· Change the square set staircase leading to the first floor level to a circular staircase.

· Reconfigure and condense the entry, kitchen, pantry, dining and living areas.

· Relocate the swimming pool and spa from the eastern to the southern side of the dwelling. - Reconfigure the outdoor living areas. First Floor Level

· Reconfigure the master bedroom, ensuite, robe and adjacent deck areas.

· Add a roof terrace above the north-western bedroom and studio space.

· Elevations Provide a mix of rendered block, stone cladding, metal mesh and timber cladding to the external wall finishes.

· Add tile finishes to components of the roof.

· Add a small, pitched roof above the first floor level.

· Alterations to window sizes and positions.

· Addition of arches to the southern elevation.

The application includes revised development plans prepared by Harley Graham and Associates enclosed in Attachment A of this report. The modified development was also supported by updated Bush Fire and Flora & Fauna Assessment Reports.

The proposal includes considerations to demonstrate that the modification is substantially the same development as that originally approved:

· Does not change the land use approval as nominated within the development consent, being ‘Dual Occupancy (Detached) and Swimming Pool’.

· Maintains the same number of dwellings (2) that has been approved.

· Makes no changes to the western dwelling- affects only the eastern dwelling.

· Does not increase the number of storeys within the development.

· The proposed modification has been designed to meet the maximum overall height limit of 9.0 metres prescribed within Clause 4.3.

· Adds a single bedroom to the eastern dwelling (taking the total number of bedrooms within the dual occupancy development from 7 to 8).

· Increases the total gross floor area of the approved development by only 31%, noting there is no floor space controls applicable to the site.

· Changes to the eastern dwelling generally sit within the same building footprint and have a very similar spatial arrangement for bedroom and living spaces.

· Changes that are proposed to bedroom numbers and gross floor area will not be discernible from outside the property.

· Will not result in any visual impacts from adjacent properties or public spaces.

· Will not change the relationship to surrounding properties as the modifications will maintain the character of the original approval.

The comparison plans in Figures 1 to 3, provided within the Architectural plans indicate that the built form of the modified development is substantially the same as that originally approved.

Figure 1: Plans comparing approved with proposed modification

Figure 2: Elevations comparing approved with proposed modification

Figure 3: Sections comparing approved with proposed modification

1.3. Description of the site

A site inspection was carried out on 11 November 2021

Land is legally described	LOT: 8 DP: 840653
Property address	865 Broken Head Road BROKEN HEAD
Land is zoned:	Both dwellings are located entirely within the RU2 Rural Landscape zone. When the original DA was assessed the following zoning applied to the site: Byron LEP 2014 RU2 Rural Landscape / PART DM Deferred Matter Byron LEP 1988 1a (General Rural) Zone and 7K (Habitat) Zone LEP amendments have changed the zoning on the site as follows (see Figures 4 and 5) Byron LEP 2014 RU2 Rural Landscape / PART C2 Environmental Conservation Byron LEP 1988 Part 7D Scenic Escarpment Zone/ Part 7K (Habitat) Zone
Land area is:	35.29 ha
Property is constrained by:	Bushfire prone land; High Conservation Value / High Environmental Value; Cattle Dip Buffer
	Is a BDAR required due to the location of the proposed development?	☒ Yes ☒ No
	Are there any easements in favour of Council affecting the site?	☐ Yes ☒ No
	Is there a Vegetation Management Plan which might affect the proposal?	☒ Yes ☐ No
	Is there a Voluntary Planning Agreement which might affect the proposal?	☐ Yes ☒ No

*An amendment to the approved Biodiversity Conservation Management Plan is required to be prepared by recommended conditions of consent attached to this report.

Map

Description automatically generated

Figure 4: Zoning Map Extract at time of original assessment (Geocortex 6.6.22)

Figure 5: Zoning Map Extract current (Geocortex 21.8.24)

Figure 6: Photo location of larger dwelling looking south

Figure 7: Photo location of second smaller dwelling looking south

Part of the existing internal driveway has been constructed across the road reserve at some time in the past two to three decades. The section of road reserve is superfluous to Council needs (Refer to Figure 8). The applicant proposed to close this part of the road off and purchase it. The relevant application has been made for this to occur through Council Infrastructure Services ad was approved at a meeting of Council on 27 November 2023 under Resolution Number:23-546, as follows:

Resolved:

1. That Council endorses the closure of part road reserve adjoining Lot 8 DP 840653 as detailed in the report.

2. That Council accepts the valuation as per Attachment 1 E2023/112021, that has been agreed upon by the landowners.

3. That the applicant pays all remaining costs associated with the part road closure and consolidation.

a) Council application fees

b) Council’s surveyor's fees and survey, valuation, and legal costs

c) All registration fees

d) Legal costs

4. The allotments created by the part road closure to be consolidated into existing Parcel No 200460 Lot 8 DP 840653.

5. That Council authorises the General Manager to execute all documents necessary to affect the road closure, sale, transfer, and consolidation of the part closed road.

(Lyon/Westheimer)

Figure 8: Part Driveway requires road closure

2. SECTION 4.15 – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

Having regard to the matters for consideration detailed in Section 4.15(1) of the Environmental Planning & Assessment Act 1979 (EP&A Act), the following is a summary of the evaluation of the issues.

2.1. State Environmental Planning Instruments

Considerations	Satisfactory
Resilience and Hazards SEPP 2021 Consideration: Chapter 2 Coastal Management Part of the north western corner of the lot is mapped under the coastal management areas including 100 metre buffer to coastal wetlands. The proposed development does not affect mapped littoral rainforest or coastal wetlands and no part of the development is affected by the coastal management provisions of the SEPP. Chapter 4 Remediation of Land As the site was originally used as a banana plantation, it can be expected that the site is contaminated with residual Arsenic and Organochlorine based pesticides. It is likely that the site also contains “hotspots” where chemicals were stored and mixed, or bananas processed and packed. The Chemical Residue Assessment prepared by Soil Pacific, dated the 14.01.1998 (E2021/106441) only assessed the land area surrounding the previous primary dwelling. A further assessment was prepared by Greg Alderson Associated in January 2022 to investigate the site of the proposed second dwelling (Refer to Doc# E2022/58650. Reports submitted with the original application were assessed by Council’s Environmental Health Officer and it is considered that no further investigation is required.	☒
Transport and Infrastructure SEPP 2021 Consideration: Chapter 2 Infrastructure The original application was referred to Essential Energy in accordance with S2.48 of the SEPP. Referral to Essential Energy resulted in comments about safety concerns related to the proximity of existing overhead powerlines to the second smaller dwelling. Based on these comments and observation at site inspection of the power lines over an artificial dam being used for recreation purposes, a condition of consent is recommended to ensure that the applicant addresses Essential Energy’s safety concerns, prior to issue of a construction certificate. The applicant is considering relocating the power underground and the condition recommended requires them to resolve this to the satisfaction of Essential Energy including the potential to relocate the power lines or make minor adjustments to the building location to ensure it is 10 metres clear of the overhead power prior to issue of a construction certificate. This will also address the separate safety issue of the use of the artificial dam for recreation and swimming purposes not subject to this DA.	☒
SEPP (Building Sustainability Index: BASIX) 2004 (Now included in the Sustainable Buildings SEPP 2022) Consideration: A valid BASIX Certificate (number: 1221524M_06) dated 16 May 2024 was submitted with the modification application.	☒

2.2. Byron Local Environmental Plan 2014 (LEP 2014)

LEP 2014 is an applicable matter for consideration in the assessment of the subject application in accordance with subsection 4.15(1) of the EP&A Act because it applies to the subject land and the proposal. The LEP 2014 clauses that are checked below are of relevance to the proposal:

The relevant clauses under Byron LEP 2014 are discussed below.

In accordance with LEP 2014 clauses 1.4 and 2.1 – 2.3:

(a) The proposed development is defined in the LEP 2014 Dictionary as Dual occupancy (detached);

(b) The land is within the RU2 Rural Landscape

(d) Regard is had for the Zone Objectives as follows:

Zone Objective	Consideration
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.	The proposed development is not inconsistent with the objectives of the zone.
• To maintain the rural landscape character of the land.
• To provide for a range of compatible land uses, including extensive agriculture.
• To enable the provision of tourist accommodation, facilities and other small-scale rural tourism uses associated with primary production and environmental conservation consistent with the rural character of the locality.
• To protect significant scenic landscapes and to minimise impacts on the scenic quality of the locality.

Clause 4.1E Minimum lot sizes for certain residential accommodation

The proposal complies with the minimum lot size requirements of 4000 m2 for detached dual occupancies.

Clause 4.2A Erection of dwelling houses and dual occupancies on land in certain rural and environment protection zones

The subject property has a “dwelling entitlement” and as such approval of the dual occupancy is permissible with consent.

Clause 4.2D Erection of dual occupancies (detached) and secondary dwellings in Zones RU1 and RU2

The proposal raises no issues under the clause with both dwellings accessible from one driveway. The dwellings are generally low set, will not impact on the visual or scenic quality of the area, there is adequate land available for onsite effluent disposal, whilst the land can still be utilised for agricultural and rural purposes.

Clause 4.3 Height of Buildings

Dwellings comply with the 9 metre height limit under the LEP.

Clause 6.2 Earthworks

The main dwelling has a basement gymnasium, plant, storage and pool, necessitating earthworks for their construction. It is considered the works will not have an adverse impacts on drainage patterns, or the existing or future amenity of adjoining properties, or affect the future use or redevelopment potential of the land. Appropriate conditions of consent are recommended in relation to uncovering or disturbing relics, sedimentation and erosion control measures, and the disposal of any fill material.

Clause 6.6 Essential Services

The proposal can be adequately serviced with all necessary infrastructure.

The proposal raises no other issues under Byron LEP 2014.

2.3. Any proposed Instrument that has been the subject of public consultation and has been notified to the consent authority

None applicable.

2.4. Byron Shire Development Control Plan 2014 (DCP 2014)

DCP 2014 is an applicable matter for consideration in the assessment of the subject application in accordance with subsection 4.15(1) of the EP& A Act because it applies to the land to which LEP 2014 applies. The DCP 2014 Parts/Chapters that are of relevance to the proposal were considered in the original development assessment and the modifications do not raise any additional issues that cannot be addressed by conditions of consent.

Chapter B1 Biodiversity

The original proposal required a variation to the prescriptive measures of Section B1.2.1 of Chapter B1 of the DCP. Specifically, the proposed development footprint proposed removal of native vegetation and encroaches within the required 30m setback area to EECs (littoral rainforest) on the site. Apart from this issue, the proposal is generally in accordance with Chapter B1.

The original application included a Flora and Fauna Assessment’ (FFA) prepared by Australian Wetlands Consulting dated July 2021 that acknowledged this and proposed to incorporate a Biodiversity Conservation Management Plan (BCMP) to compensate for this variation. The proposed ecological restoration area to be subject to the BCMP was considered sufficient to compensate for the encroachment into the setback area and was conditioned.

The condition is recommended to be augmented to include additional compensation plantings for ecological restoration identified in an addendum Flora and Fauna Assessment prepared by Australian Wetlands Consulting Pty Ltd, Revision BC, dated May 2024.

2.5. Environmental Planning & Assessment Regulation 2021 considerations

The proposal raises no issues under the relevant regulations.

2.6. The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

Impact on:	Likely significant impact/s?
Natural environment	No. The proposal will not have a significantly adverse impact on the natural environment of the locality. Conditions of consent to apply as discussed above.
Built environment	No. The proposal will not have a significantly adverse impact on the built environment of the locality.
Social Environment	No. The proposal will not have a significant social impact on the locality.
Economic impact	No. The proposal will not have a significant economic impact on the locality.
Construction Impacts	The development will generate minor impacts during its construction. Conditions of consent recommended to control hours of work, builders waste, construction noise, installation of sedimentation and erosion control measures and the like to ameliorate such impacts.

The proposed development complies with Council’s development-related policies.

2.7. The suitability of the site for the development

The site is a serviced, unconstrained property and is suitable for the proposed development.

2.8. Submissions made in accordance with this Act or the regulations

The modification application was publicly exhibited. There were no submissions made on the modification application.

2.9. Public interest

The proposal is unlikely to prejudice or compromise the public interest or create an undesirable precedent.

3. DEVELOPER CONTRIBUTIONS

3.1. Water & Sewer Levies

No Section 64 levies will be required.

3.2. Section 7.11 Contributions

Section 7.11 Contributions will be payable.

4. CONCLUSION

An application has been received to modify the design of the eastern dwelling and swimming pool component of an approved dual occupancy.

The application includes revised development plans prepared by Harley Graham and Associates enclosed in Attachment 1 of this report. The modification application was also supported by updated Bush Fire and Flora & Fauna Assessment Reports. The proposal demonstrates that the modification is substantially the same development as that originally approved. The conditions proposed to be modified in accordance with the recommendation of this report are enclosed at Attachment 2.

DA No:	10.2023.342.1
Planning Portal ref	PAN-368867
Proposal description:	Community Title Subdivision Comprising Fifteen Neighbourhood Lots and 1 Association Property
Property description:	LOT: 8 DP: 1163687
	409 Coorabell Road COORABELL
Parcel No/s:	241401
Applicant:	NEWTON DENNY CHAPELLE PTY LTD
Owner:	Mr P & Mrs J L & Mr N J De Heer & Others
Zoning:	C2 Environmental Conservation / RU2 Rural Landscape / 1(a) (General Rural Zone)
Date received:	18 September 2023
Integrated / Designated Development:	☒ Integrated		☐ Designated			☐ Not applicable
Concurrence required	No
Public notification or exhibition:	- Level 2 advertising under Council’s Community Participation Plan. - Exhibition period: 27/9/2023 to 11/10/2023 - Submissions received: 2 - Submissions acknowledged: ☒ Yes ☐ No ☐ N/A
Concurrent approvals included with DA	☒ N/A	☐ W & S (68)		☐OSMS (68)	☐ ST (68)		☐ RA (138)
	Other:
Planning Review Committee	Not applicable
Variation request to Development Standards under an EPI (eg clause 4.6)	Not applicable
Estimated cost	$15,000.00
Issues	Bush Fire Prone Land High Environmental Value Vegetation Public submissions (2)

Assessment:

Report

Strategic Considerations

Community Strategic Plan and Operational Plan

Recent Resolutions

Legal/Statutory/Policy Considerations

Financial Considerations

Consultation and Engagement

Report

The following items were considered by the Committee:

Financial Implications

Statutory and Policy Compliance Implications