Attachments of Ordinary Meeting

Public bsc_logo_150dpi_rgb ATTACHMENTS

EXCLUDED FROM THE

Ordinary Meeting AGENDA

OF 22 June 2017

9. Notices of Motion

9.2 Byron Bay Bypass

Attachment 1... Letter from Min Transport regarding Casino to Murwillumbah rail line dated 19 Dec 2014........................................................................................................... 5

Attachment 2... Letter from Parliamentary Sec for Transport and Infrastructure dated 1 June 2017................................................................................................................... 6

10. Petitions

10.1 Flood Mitigation and Response

Attachment 1... Flood Impact Business Meeting Minutes 26 April 24.2017.15.1................ 7

Attachment 2... Byron Shire Business Roundtable May 2017 Summary of Ideas for Natural Disaster Resilience linked to presentation E2017/29189......................... 13

11. Submissions and Grants

11.1 Byron Shire Council Current Grants and Submissions as at 31 May 2017

Attachment 1... Byron Shire Council Current Grant Applications as at 31 May 2017...... 17

13. Staff Reports

General Manager

13.2 Mullumbimby Hospital Site Acquisition

Attachment 1... Attachment to email from Hon B Hazzard MP Minister for Health regarding acquisition of former Mullumbimby and District War Memorial Hosptial Site 21

Attachment 2... ELetter to Hon Brad Hazzard MP Minister for Health requesting draft contract regarding proposed acquisition of former Mullumbimby and District War Memorial Hospital site.............................................................................................. 22

13.3 Research Report - Towards smoke-free and litter-free beaches in the Byron Shire

Attachment 1... E2017 18771 Research Paper Draft 1 - Towards smoke-free and litter free beaches and foreshore areas in the Byron Shire.................................... 23

Corporate and Community Services

13.4 Council Resolutions Quarterly Review - 1 January 2017 to 31 March 2017

Attachment 1... Outstanding Council Resolutions as at 31 March 17 .............................. 52

Attachment 2... Completed Council Resolutions 1 January 2017 to 31 March 2017..... 126

13.5 Adoption of the Community Strategic Plan 2027, Delivery Program 2017-2021 and Operational Plan 2017-2018 (including Statement of Revenue Policy, Budget, Fees and Charges)

Attachment 2... Media Release dated 30 May 2017 fron NSW Government deferring FESL 166

13.8 Mayor and Councillor Fees 2017/2018

Attachment 1... LG Remuneration Tribunal Annual Report and Determination 2017.... 168

13.9 Public Art Panel - minutes of meetings held in March and May 2017

Attachment 1... Minutes 16/03/2017 Public Art Panel..................................................... 193

Attachment 2... Minutes 04/05/2017 Public Art Panel..................................................... 196

13.11 Review of Council Investment Policy

Attachment 1... Draft Council Investment Policy 2017 submitted to Council 22 June 2017 201

13.13 2017/2018 Special Rate Variation Outcome

Attachment 1... IPART determination of Byron Shire Council Special Rate Application 2017/2018............................................................................................................... 212

13.14 Related Party Disclosures

Attachment 1... Draft Related Party Disclosures Policy 2017........................................ 243

Attachment 2... Proposed forms to identify Related Party relationships and transactions 252

Sustainable Environment and Economy

13.15 PLANNING - 10.2016.663.1 Dual Occupancy (detached) swimming pool, strata subdivision 2 lots and tree removal 9 Trees at Granuaille Crescent Bangalow

Attachment 1... Letter and proposed plans - 10.2016.663.1 Malcolm Scott Granuaille Crescent Bangalow .............................................................................................. 259

13.18 Road Airspace Policy review

Attachment 1... Draft Policy - Airspace (reviewed January 2017) (PDF)...................... 271

13.19 PLANNING - 26.2016.3.1 Reclassification of Council owned land - Manfred St, Belongil

Attachment 1... 26.2016.3.1 - Attachment 1 - Locality Plans.......................................... 276

Attachment 2... 26.2016.3.1 Attachment 2 - Court Orders (Manfred St Building Encroachment Lot 6)............................................................................................................ 281

Attachment 3... 26.2016.3.1 Attachment 3 - Court Orders - Lot 2 Easement................ 286

Attachment 4... Template - Form of Special Disclosure of Pecuniary Interest - IF YOU EDIT THIS, THE TEMPLATE IN BSC TEMPLATES MUST ALSO BE UPDATED 293

13.20 PLANNING - Proposed Amendments to Development Control Plan 2014 - E5.5 Bayshore Village

Attachment 1... Extract of Chapter E5 (E5.5) of DCP 2014 relating to subject site....... 295

Attachment 2... Letter from Planners North (Applicant) along with revised ‘Masterplan’ precincts and ‘DCP Amendment Proposal Summary’ - Habitat, North Beach Byron Bay 319

13.22 Peer Review of Draft West Byron DCP

Attachment 1... PDF of Draft amendments to Part A and Part D of Byron Shire DCP 2014 to Ordinary 20 April 2017........................................................................... 332

Attachment 2... Draft Byron DCP 2014 Chapter E8 - West Byron Urban Release Area reported to Ordinary 20 April 2017........................................................................... 333

Attachment 3... Letter from Minister for Planning dated 30 March 2017 reported to Ordinary 20 April, 2017.............................................................................................. 406

Attachment 4... Peer Review GHD dated June 2017..................................................... 408

Infrastructure Services

13.23 Bangalow Parking Strategy

Attachment 1... 23 February 2017 Council Report Bangalow Parking Management Strategy 441

Attachment 2... Attachment 2 – Outcomes of Parking Survey Component of Bangalow Village Plan Movement and Parking Review PDF.................................................... 448

13.24 Former South Byron STP - Options for Redevelopment

Attachment 2... 24.2010.22.2 Sth Byron STP Decommissioning - Draft Preliminary EOI - Redevelopment...................................................................................... 466

13.26 A Further Report on Remediation of Dip Site at Lot 2 DP 747876 Bangalow

Attachment 1... Bangalow Saleyard Dip Site Remediation report from Environmental Earth Sciences................................................................................................ 470

13.27 Proposed Smart Drum Lines - Byron Bay

Attachment 1... Cape Byron Marine Park Zoning Map................................................... 515

13.29 Draft Plan of Management - The Cavanbah Centre

Attachment 1... DRAFT Plan of Management PoM for Cavanbah Centre January 2017 516

Attachment 2... Cavanbah Centre Draft Plan of Management Public Hearing Report, Planners North report ........................................................................................... 552

13.30 Byron Bay Urban Recycled Water Connection Policy

Attachment 1... E2017 60557 Draft Policy Urban Recycled Water Connections......... 558

Organisation Development

13.31 Supporting Partnerships Policy

Attachment 1... Draft Supporting Partnerships Policy.................................................... 565

14. Reports of Committees

Corporate and Community Services

14.1 Report of the Internal Audit Advisory Committee Meeting held on 18 May 2017

Attachment 1... Minutes 18/05/2017 Internal Audit Advisory Committee....................... 577

14.2 Report of the Finance Advisory Committee Meeting held on 18 May 2017

Attachment 1... Minutes 18/05/2017 Finance Advisory Committee............................... 582

Infrastructure Services

14.3 Report of the Transport and Infrastructure Advisory Committee Meeting held on 18 May 2017

Attachment 1... Minutes Transport and Infrastructure Advisory Committee Meeting 18/05/17 586

14.4 Report of the Water, Waste and Sewer Advisory Committee Meeting held on 1 June 2017

Attachment 1... Minutes Water, Waste and Sewer Advisory Committee Meeting 01/06/17 591

Byron Shire Council

Current Grant Applications as at 31 May 2017

	Funding body	Funding Scheme	Total Amount Council can access from Funding Scheme	Council Project	Total project value	Requested Amount from Funding Body	Contribution Breakdown: Funding Body/ Council	Status	Comments
1	NSW Dept of Industry	Elsa Dixon Aboriginal Employment Program	10,000	School-based Traineeship	10,000	10,000	10,000/Nil	Submitted 17 March 2017	Successful
2	Aus Gov Office of Prime Minister and Cabinet	National Reconciliation Week 2017	5,000	Arakwal reconciliation week events	5,000	5,000	5,000/Nil	Submitted 28 April 2017	Successful
3	NSW Dept of Justice	Crime Prevention Grants	50,000	CPTED lighting in Byron CBD	50,000	50,000	50,000/Nil	Submitted Jan 20	Decision pending
4	NSW Dept of Justice	NSW Community Safety Fund 2017	250,000	Extension of CCTV network in Byron CBD	300,000	250,000	250,000/ 50,000	Submitted 20 Feb 2017	Decision pending
5	Aus Gov Dept of Infrastructure and Regional Development	Building Better Regions Fund – Infrastructure Projects Stream	10,000,000	Bayshore Drive Roundabout	5,702,949	2,640,254	2,640,254 3,062,695	Submitted 28 Feb 2017	Decision pending
6	Aus Gov Dept of Infrastructure and Regional Development	Building Better Regions Fund – Community Investments Stream	100,000	Building Capacity in Byron’s Community Halls	20,000	20,000	20,000	Submitted 31 March 2017	Decision pending
7	NSW Dept of Primary Industries	Recreational Fishing Trust	No upper limit	Fishing platform and bank regeneration Brunswick River	104,668	81,668	81,668/ 23,000	Submitted 13 March 2017	Decision pending
9	Aus Gov Dept of Infrastructure and Regional Development	Community Development Grants Program	250,000	Upgrade of Bangalow Weir Parklands	414,000	250,000	250,000/ 164,000	Submitted 24 March 2017	Decision pending
10	Winston Churchill Trust	Churchill Fellowship	28,000	Byron’s Young Innovators	28,000	28,000	28,000/Nil	Submitted 28 April 2017	Decision pending
11	NSW, Dept of Industry	Regional Growth – Marketing and Promotion fund	50,000	The Business of Tree and Sea Change	122,000	50,000	50,000/ 52,000 (partner)/ 10,000 (Council cash) 10,000/ (Council in kind)	Submitted 31 May 2017	Decision pending Partners: Enova energy Telstra
12	NSW Dept of Industry	Regional Growth – Marketing and Promotion fund	50,000	In Good Company	100,000	50,000	50,000/ 3,000 (Council cash) 27,000 (partners)	Submitted 31 May 2017	Decision pending Project lead: Northern Rivers Chamber of Commerce.
13	NSW Education	Before and After School Care Fund	30,000	Upgrade of Brunswick Heads OOSH facilities	30,000	30,000	30,000/Nil	Due 28 June 2017
14	NSW Education	Before and After School Care Fund	30,000	Upgrade of Byron Bay OOSH facilities	30,000	30,000	30,000/Nil	Due 28 June 2017
15	Aus Gov, Dept of Infrastructure and Regional Development	Bridges Renewal Programme	5,000,000	Replacing Blindmouth Creek Crossing	1,020,140	510,070	510,070/ 510,070	Due 12 June 2017
16	Aus Gov, Dept of Infrastructure and Regional Development	Bridges Renewal Programme	5,000,000	Bridges for the Bangalow Agricultural Area	4,970,900	2,485,450	2,485,450/ 2,485,450	Due 12 June 2017
17	Aus Gov Office of Prime Minister and Cabinet	Smart Cities and Suburbs – round 1	5,000,000	3D Mapping Tool for Shire planning	300,000	150,000	150,000/ 100,000 (cash) 50,000 (in-kind)	Due 30 June 2017

Introduction

1.1 What is a Plan of Management

A Plan of Management provides a framework for the management and development of public land. The land to which this plan applies is community land that is owned by Byron Shire Council for the benefit of local residents and visitors. This land is managed by the legislative requirements under the Local Government Act 1993 (LG A).

The LGA requires that all public land owned by Council be classified as either community land or operational land. Council must have a plan of management for all community land. This is to ensure that an endorsed framework guides the operation and development of these community resources.

This Plan of Management is a public document, and as such requires all stakeholders to be involved in the formation of the plan.

1.2 Background to this Plan of Management

Byron Shire Council owns and manages the Byron Regional Sport and Cultural Complex (known as the Cavanbah Centre).

LandArc Pty Limited first prepared a Plan of Management for 249 Ewingsdale Road, Byron Bay, which was adopted by Council in December 2005. This Plan established the boundary between the operational land and community land portions of the site after the land was purchased by Council in 2003. The purchase was based, in part, on the identified high need for sporting fields in Byron Bay. The eastern portion of the land is relatively flat and was recognised as suitable. The land was also viewed as having potential for other community uses including a festival site, out of town parking and as an entry ‘gateway’ to Byron Bay.

Council amended the above Plan of Management in 2013 in order to provide a guide for the future use, development and management of the eastern portion of land of Lot 3 DP 706286, 2449 Ewingsdale Road Byron Bay. The far western portion of Lot 3 DP 706286, is currently classified as Operational land for possible future extension to the West Byron Effluent Reuse Wetlands Project.

Byron Shire Council administration on 4 August 2016 requested a review of the Byron Regional Sport and Cultural Complex (now known as the Cavanbah Centre) Plan of Management. Council administration has a view to change the categorisation of part of the land from sports ground to general community use. This objective is proposed in order to allow for a wider use of the grounds and facilities and to enable the complex to contribute financially to the overall running costs incurred by Council

This Plan supersedes the Plan of Management community land Byron Regional Sport and Cultural Complex adopted by Council on 31 October 2013.

1.3 Structure of this Plan of Management

This Plan of Management contains the following information

1. Introduction

2. Legislation applicable to this plan

3. The current status of the land

4. Community consultation

5. Key issues

6. Strategies and action plan

7. Estimated costs of works

1.4 Land description and classification

Land Description: The Byron Regional Sport and Cultural Complex – known locally as the Cavanbah Centre

Land Title: Eastern portion of Lot 3 DP 706286

Address: 249 Ewingsdale Road, Byron Bay

Classification: Community Land

Category: General Community Use (majority of the site) and Sportsground

Owner: Byron Shire Council

Zoning: RE1 Public Recreation

See Figure 1

Figure 1: Cavanbah Centre Locality and Zoning Map

2 Legislation applicable to this plan

Under the legislative requirements of the Local Government Act (LGA) 1993 and the Local Government (General) Regulation 2005, Council must prepare and adopt a Plan of Management for all community land.

2.1 Local Government Act 1993 and Local Government (General) Regulation 2005

The LGA states that a Plan of Management must:

· Categorise the land in accordance with s.36 (4) and (5)

· Contain objectives for the management of the land

· Contain performance targets

· Specify the means of achieving the objectives and performance targets

· Specify how achievement of the objectives and performance targets is to be assessed.

As this is a Plan of Management that applies to just one area of community land it must also:

· Provide a description of the condition of the land, buildings or other improvements as at the date of adoption of the Plan

· Include a description of the use of the land, buildings or other improvements as at the date of adoption of the Plan

· Specify the purposes for which the land and buildings or other improvements will be permitted to be used

· Specify the purposes for which any further development of the land will be permitted, whether under lease or licence or otherwise, and

· Describe the scale and intensity of any such permitted use or development.

If the Council proposes to amend a Plan of Management and the proposed amendments alter the categorisation of the land under section 36(a) of the Act, the LGA also requires Council to hold a public hearing in accordance with section 40A and 47G.

2.2 Community land categories

Section 36 of the Local Government Act 1993 states that Council must categorise community land as one or more of the following:

· Natural area

· Sportsground

· Park

· Area of cultural significance

· General community use

The Cavanbah Centre contains two categories of land:

· Community land categorised as sportsground

· Community land categorised for general community use: majority of the site

The Local Government (General) Regulation 2005 then provides guidelines for each category. Clause 103 of the Regulation states for sportsground:

Land should be categorised as sportsground under section 36 (4) of the Act if the land is used or proposed to be used primarily for active recreation involving organised sports or the playing of outdoor games.

Clause 106 of the Regulation states for General community use:

Land should be categorised as general community use under section 36 (4) of the Act if the land:

1. (a) may be made available for use for any purpose for which community land may be used, whether by the public at large or by specific sections of the public, and

2. (b) is not required to be categorised as a natural area under section 36A, 36B or 36C of the Act and does not satisfy the guidelines under clauses 102–105 for categorisation as a natural area, a sportsground, a park or an area of cultural significance.

2.3 Core objectives for management of community land categorised as a sportsground.

The core objectives for community land categories outlined in the LGA 1993 assist in determining the use and management of the land.

Section 36F of the LGA states that the core objectives for management of community land categorised as a sportsground are:

(a) to encourage, promote and facilitate recreational pursuits in the community involving organised and informal sporting activities and games, and

(b) to ensure that such activities are managed having regard to any adverse impact on nearby residences.

2.4 Core objectives for management of community land categorised as general community use.

Section 36I of the LGA states that:

The core objectives for management of community land categorised as general community use are to promote, encourage and provide for the use of the land, and to provide facilities on the land, to meet the current and future needs of the local community and of the wider public:

(a) in relation to public recreation and the physical, cultural, social and intellectual welfare or development of individual members of the public, and

(b) in relation to purposes for which a lease, licence or other estate may be granted in respect of the land (other than the provision of public utilities and works associated with or ancillary to public utilities).

2.5 Amendment of plans of management

If Council wishes to amend a plan of management, it is required to abide by sections 40A, 41 and 47G of the LGA 1993.

Section 40A (Public hearing in relation to proposed plans of management) requires that Council hold a public hearing in relation to an amended plan:

(1) The council must hold a public hearing in respect of a proposed plan of management (including a plan of management that amends another plan of management) if the proposed plan would have the effect of categorising, or altering the categorisation of, community land under section 36 (4).

(2) However, a public hearing is not required if the proposed plan would merely have the effect of altering the categorisation of the land under section 36 (5).

(3) A council must hold a further public hearing in respect of the proposed plan of management if:

(a) the council decides to amend the proposed plan after a public hearing has been held in accordance with this section, and

(b) the amendment of the plan would have the effect of altering the categorisation of community land under section 36 (4) from the categorisation of that land in the proposed plan that was considered at the previous public hearing.

Section 41 Amendment of plans of management:

A council may amend a plan of management adopted under this Division by means only of a plan of management so adopted.

Section 47G Public Hearings:

(1) In this section, public hearing means any public hearing required to be arranged under this Part.

(2) The person presiding at a public hearing must not be:

(a) a councillor or employee of the council holding the public hearing, or

(b) a person who has been a councillor or employee of that council at any time during the 5 years before the date of his or her appointment.

(3) Not later than 4 days after it has received a report from the person presiding at the public hearing as to the result of the hearing, the council must make a copy of the report available for inspection by the public at a location within the area of the council.

Figure 2: Cavanbah Centre Proposed Land Categorisation

2.6 Zoning of the land

The Cavanbah Centre is zoned RE 1 Public Recreation under the Byron Local Environment Plan 2014 (see Figure 1). The objectives of the RE 1 Public Recreation zone in Byron Shire are:

1. Objectives of zone

· To enable land to be used for public open space or recreational purposes.

· To provide a range of recreational settings and activities and compatible land uses.

· To protect and enhance the natural environment for recreational purposes.

2. Permitted without consent

Environmental protection works

3. Permitted with consent

Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Child care centres; Community facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Function centres; Horticulture; Information and education facilities; Jetties; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Signage

4. Prohibited

Any development no specified in item 2 or 3.

2.7 Prohibited activities

In accordance with Byron Shire Council on site signage (there are four in total, two at the road entrance and pedestrian path, and two at each entrance to the grounds), the following activities are prohibited:

· Alcohol and glass (with the exception of Suspension of Alcohol restrictions under delegated authority)

· Camping (in tents or vehicles)

· Dogs

· Fires

· Golf

· Horses, goats or pigs

· Littering

· Nudity

· Smoking

· Removing fauna or flora

· Vehicle and motor cycle access

2.8 Granting a lease or license on community land

The LGA 1993 allows Council to grant leases, licenses or other estates over all or part of community land.

A lease, licence or other estate may be granted for the use or occupation of the Cavanbah Centre for uses consistent with:

· Those outlined in Sections 46 and 47 of the LGA 1993

· The guidelines and objectives for the relevant category of community land

· Zoning prescribed under the Byron Environmental Plan 2014

· Development consent (if required)

· This Plan of Management

The terms and conditions of leases or licences should reflect the interests of Council and the public and ensure proper management and maintenance. The requirements of the LGA prescribing the process for the granting of a lease or licence must also be followed.

This Plan of Management expressly authorises the granting of leases, licences or other estates over any part of the land covered by the Plan for any purposes prescribed from time to time by the LGA 1993 or the Local Government (General) Regulations 2005.

Section 46(4) of the LGA 1993 provides for the following purposes:

4(a) the provision of goods, services and facilities, and the carrying out of activities, appropriate to the current and future needs within the local community and of the wider public in relation to any of the following:

(i) public recreation,

(ii) the physical, cultural, social and intellectual welfare or development of persons,

(b) the provision of public roads.

(5) Purposes prescribed by subsection (4) in relation to the matters mentioned in subsection (4) (a) (ii) include, but are not limited to, maternity welfare centres, infant welfare centres, kindergartens, nurseries, child care centres, family day-care centres, surf life saving clubs, restaurants or refreshment kiosks.

On a short-term or casual basis Clause 116 of the Local Government (General) Regulations 2005 prescribes the following events as a purpose in respect of which a council may grant a licence in respect of community land:

(a) the playing of a musical instrument, or singing, for fee or reward,

(b) engaging in a trade or business,

(c) the playing of a lawful game or sport,

(d) the delivery of a public address,

(e) commercial photographic sessions,

(f) picnics and private celebrations such as weddings and family gatherings,

(g) filming sessions,

(h) the agistment of stock.

2.9 Existing lease agreement

Sports fields

· Lessor- Byron Shire Council

· Lessee- AFL Queensland - Term 5 years (2018)

2.10 Existing licence agreements

Commercial kitchen

· Lessor - Byron Shire Council

· Lessee – Byron Bay Mozzerella - Term 2 years (2018)

2.11 Other statutory provisions

Other relevant legislation, plans and policies that guide the management of the Cavanbah Centre include:

· Byron Shire Council Management Plan

· The Byron Shire Local Environmental Plan 2014

· Byron Development Control Plan 2014

· Byron Community Strategic Plan 2022

· Byron Bay Master Plan

· Coastal Zone Management Plan Byron Bay Embayment 2015

· Byron Flora and Fauna Study 1999

3 Current status

3.1 History

The land identified as the Cavanbah Centre, Byron Bay (Pt. Lot 3 DP 706286) was originally purchased by Byron Shire Council on 16 May 2003.

The purchase was based, in part, on the identified high need for sporting fields in Byron Bay. The eastern portion of the land is relatively flat and was recognised as suitable. The land was also viewed as having potential for other community uses including a festival site, out of town parking and as an entry ‘gateway’ to Byron Bay.

Construction of the Byron Regional Sport and Cultural Complex (BRSCC) was completed in 2012. The area covered by the original Plan of Management was predominately sports fields and car parking space.

The Multi Purpose Facility opened on 30 July 2013.

3.2 Objectives for the review plan of management

Byron Shire Council administration, on 4 August 2016 requested a review of the Byron Regional Sport and Cultural Complex (now known as the Cavanbah Centre) Plan of Management. Council originally adopted this Plan on 31 October 2013. The review is to include a change in the categorisation of a major portion of the land from sportsground to general community use. This change is required to allow for the wider use of the grounds and facilities for activities such as (but not limited to):

· Primitive Camping eg “Glamping”

· Training camps

· Aquatic centre

· Wellness centre

· Skate park

· BMX track

· Markets

· Outdoor/indoor entertainment

3.3 Current facilities and uses

The centre caters for regular and casual hirers of both the indoor and outdoor facilities. The outdoor facilities are currently used by a variety of sporting clubs including AFL, football (soccer), cricket, and athletics, along with school and carnival events. The fields are also used for unstructured activities including Frisbee, walking and general play.

The Multi Purpose Facility (indoor) provides for a number of sporting pursuits including basketball, martial arts, futsal, roller derby, volleyball, badminton and other community programs. The Facility can also be used for cultural events, festivals, forums, functions and programs. The Facility provides space for office work, training and education and has a commercial grade kitchen.

The sporting clubs and community groups that currently use the Centre for both competition, training and general community use include:

· AFL Queensland – regional office linked to AFL Queensland, administration base and community event facility. 800 members (Tweed/Lismore/Casino) involved in community football, club football and school programs.

· Byron Bay Basketball Club – 400 members and growing. Involved in North Coast Shield with aspirations of joining State League.

· Summer Futsal – 170 members Monday and Wednesday night

· Bay Rollers – 25 members, Wednesday and Friday nights

· Suffolk Park Football Club – 35 members Tuesday night training plus some home games

· Byron Bay Football Club – Pre-season competition for 8 days

· Byron Bay Runners – 70 members Tuesday evenings

· Byron Bay Mozzarella- commercial kitchen licence

· Byron Bay Cricket Club, Byron Bay High School, Little Kickers, Rugby Tots, Tai Chi, Netball and social volleyball.

· Byron Bay Cycle Club

· Byron Shire Council, local businesses and community groups

Existing known uses

Area: Multi Purpose Facility

Description: Central facility featuring indoor two court arena and stage, two function rooms, two meeting rooms, commercial grade kitchen, change rooms and amenities, reception area, offices and an outdoor undercover area.

Uses: A variety of recreational pursuits including dance, martial arts, school sport, futsal, pilates, lifeball, health and community programs, basketball, roller derby, volleyball and badminton. The Facility also caters for cultural events, festivals, forums, meetings, functions, office space, training and education.

The Facility also leases space to AFL Queensland for administration and the commercial kitchen to Byron Bay Mozzerella.

Condition: Excellent

Area: Outside area of the centre

Description: Outdoor undercover area

Uses: Shade and recreation

Condition: Excellent

Area: Car parking

Description: Structured, landscaped asphalt car park suitable for 350 cars and buses

Uses: Car parking

Condition: Excellent

Area: Sporting fields (2) located on western side of the centre

2western field Description: The premier field(s) for AFL and football (soccer). Includes AFL goalposts, netting and administration assets.

Uses: Major field(s) used by AFL for training, competition and state competitions and the Byron 9s. Fields also used by Football (soccer) clubs for training and games.

Condition: Field: Excellent

Lighting: Excellent

Spectator seating: Excellent

Area: Sporting fields (2) located on north-west side of the centre

15 north western field Description: The field(s) for AFL, football (soccer) and rugby union.

Uses: Field(s) used by AFL for training, competition and state competitions and the Byron 9s. Fields also used by Football (soccer) clubs for training and games.

Condition: Field: Excellent

Lighting: Excellent

Spectator seating: Excellent

Area: Sporting field located on the north east side of the centre

16 northeaster athletics field Description: The field includes an athletic track around its circumference and contains a playing area in its centre, originally allocated for hockey.

Uses: Athletics, hockey and general recreational pursuits

Condition: Field and athletic track: Excellent

Lighting: Excellent

Spectator seating: Excellent

22 southeastern field Area: Sporting field located on the eastern side of the centre

Description: General use field

Uses: Cricket and general recreational pursuits

Condition: Field: Excellent

Lighting: Excellent

Spectator seating: Good

14 stand closer Area: Field spectator seating

Description: Fixed and mobile seating

Uses: Watching sport, resting and reading

Condition: Excellent

Area: Cricket wickets (3)

Description: Synthetic grass cricket wickets located on the three major fields

Uses: Competition and training

Condition: Excellent

6 cricket practice nets Area: Cricket nets and softball cage

Description: Wire framed nets and cage

Uses: Cricket and softball training

Condition: Excellent

23 amenitites Area: Outdoor amenities blocks and canteens

Description: Buildings associated with the north eastern and eastern fields

Uses: Change rooms, toilets for players, supporters and referees. Other users include schools and general visitors

Condition: Excellent

Area: Storage sheds

Description: Sheds located along the northern side of the multi purpose facility

Uses: Storage of sporting and user equipment

Condition: Excellent

18 atheletics track Area: Athletics track, discus and shot put cage

Description: Grass track, metal cage

Uses: Athletics, shot put and discuss training and competition

Condition: Excellent

Macintosh HD:Users:gaylemccallum:Documents:Cavanbah Centre PoM:21 outdoor basket and netball courts.JPG Area: Outdoor basketball/netball courts (3)

Description: Asphalt courts suitable for both basketball and netball.

Uses: Basketball and netball competition, training and unstructured play

Condition: Excellent, however there is no provision for shade.

Area: Shed located on the northern boundary

Description: Storage shed

Uses: Maintenance storage and irrigation purposes

Condition: Excellent

Area: Sporting fields and surrounds

Description: Water fountain(s)

Uses: Drinking water

Condition: Excellent

Area: Sporting fields and surrounds

Description: Rubbish bins

Uses: Waste management

Condition: Excellent

Area: Sporting fields (west)

Description: Protective netting

Uses: Protection against ball loss and spectator safety

Condition: Excellent

Area: Sporting fields (west)

Description: Kicking Wall

Uses: Practice kicking

Condition: Excellent

Area: Sporting field (north west)

Description: Score board

Uses: Game point score

Condition: Excellent

Area: Sporting fields

Description: Bicycle stands

Uses: Bike storage

Condition: Excellent

3.4 Maintenance and management

The Cavanbah Centre is owned and maintained by the landowner Byron Shire Council.

4 Community consultation

4.1 Introduction

Community consultation is an important component in the development of a Plan of Management for community land. Byron Shire Council has promoted an open and transparent approach to the community consultation process by providing opportunities for stakeholder groups and members of the community to be involved in the development of the Plan.

It is important that community consultation continues through to the public exhibition phase and release of the draft Plan of Management. At this stage the community will have a further opportunity to make final comments and submissions. This process enables the community to have ownership in the development and adoption of the final Plan of Management.

4.2 Communication strategy

Council staff approved the following Communication Strategy:

In accordance with Council’s Communications Policy, a communications strategy is provided in association with the undertaking of the review of the Plan of Management for the Cavanbah Centre.

The following strategy is presented in line with the following policy objectives:

1. To inform the community of Council administration’s decision to review the POM for the Cavanbah Centre (4 August 2016)

2. To inform the community of Council administration’s preferred outcome in relation to the Plan

3. To promote transparency and accountability of Council’s decision-making processes by communicating in a consistent, accurate, timely and professional manner.

Stage 1

Identify key stakeholders:

· Cavanbah Centre management

· AFL Queensland

· Byron Bay Football Club

· Suffolk Park Football Club

· Eureka Football Club

· Cocoa Cartel

· Summer Futsal

· Byron Bay Cricket Club

· Byron Bay Basketball Club

· The Bay Rollers

· Byron Bay Archery

· Byron Bay Runners

· Byron Bay High School

· Byron Bay Primary School

· Byron Bay Mozzarella

· Ewingsdale Community

· Adjoining businesses

Stage 2

Initiate individual stakeholder representative meetings to ensure that the information provided to all parties is consistent and accurate. The statement communicated to representatives:

Byron Shire Council administration on 4 August 2016 requested a review of the Byron Regional Sport and Cultural Complex (now known as the Cavanbah Centre) POM. Council administration has a view to change the categorisation of part of the land from sports ground to general community use. This objective is proposed in order to allow for a wider use of the grounds and facilities and to enable the complex to contribute financially to the overall running costs incurred by Council.

Stage 3

Council resolves to place the draft POM on public exhibition for a period of 28 days. The notice to place the Plan on exhibition also specifies a period of not less than 42 days over which time submissions can be made.

5 Key issues

A number of key issues were identified during the preparation of the draft Cavanbah Centre Plan of Management. These include:

· Categorisation of the land

Byron Shire Council’s intention in the review of this Plan of Management is to change the categorisation of a section of the land from sportsground to general community use. This objective is proposed to allow for the wider use of the grounds and facilities for activities, which will include informal recreation and social/community uses. The changes will also enable the centre to contribute financially to the overall running costs incurred by Council. All key stakeholders interviewed, as part of the community consultation process had no objections to Council’s intention.

· AFL Queensland

AFL Queensland is very happy with the facilities and its relationship with Council and other users of the centre. However they would like to see the following take place:

1. A fence surrounding the main AFL oval in the northwest area of the complex.

2. Removal of the cricket pitches from the main fields

These changes would enable AFL to draw major events using all three fields. AFL also states that the lack of accommodation options close to the centre is a major issue for them in attracting the more significant events.

· Byron Bay Archery

The Byron Bay Archery Club have approached Council for permission to access the pine forest area, west of the current boundary, in order to undertake field archery. The club currently utilises the Herb Elliot field on Saturday and a Wednesday evening for target archery. Preliminary questions surrounding environmental concerns revealed that the responsible use of the site for archery once a month is probably not a threat to biodiversity at any level, provided minimal habitat modification occurs, and there is no targeting of native fauna. The erection of suitable screening may be required to avoid errant arrows penetrating any habitat or other areas of concern. Current LEP zoning (2014-DM defaulting to 1988-7K) prohibits the proposed activity and would need to be addressed if the activity is to be considered.

Please note that the above remarks are not the result of a dedicated environmental study, however comments provided by Mark Fitzgerald based on the results of his 2004 survey of the site.

· Byron Bay Basketball - Access, availability and space

The Byron Bay Basketball Club is advocating for an additional two courts. The club is expanding rapidly and require the additional space to grow and to provide facilities suitable for state and national championships. The club is also concerned about tenure and access to the current courts in competition with other cultural and sporting events. Communication with management in relation to problems arising with short notice cancellations and fee transparency were also raised. The club is currently negotiating an MOU with Council and would like to see that finalised in the short term.

· Consistency of information and communication

A number of clubs discussed problems associated with inconsistent booking times and fee transparency.

· Alternative northeast pedestrian access to centre

A number of users have requested that Council investigate the provision of an additional access point to the centre from the northeast section. The pedestrian access would utilise the current maintenance access thoroughfare linking the northeast field with Centennial Court. This would potentially provide easier and safer access for school children and for those that reside in Sunrise Beach area.

6 Strategies and action plan

The Actions Table provided within this section outlines the direction for the management and development of the parcel of land identified in this draft plan of management and has the following aims:

· To formulate objectives

· To ensure consistency with the core objectives of the Sportsground and General Community Use categories of the land

· To develop performance targets that will define the way that council will achieve its objectives

· To provide actions (or means of achievement), which is the way that Council will achieve its targets

· To provide performance measurers for each action.

Within this action plan, each has been given a priority, which can be linked to the following time frame:

High – commenced within the next 2 years

Medium – commenced within 2 – 5 years

Low – commenced after 5 years

Any developments included in the Action table require authorisation within this Plan of Management.

ACTION TABLE

SPORT AND RECREATION
ISSUE	BACKGROUND	PERFORMANCE TARGET	MEANS OF ACHIEVEMENT (ACTION)	PRIORITY	METHOD OF MEASUREMENT
AFL facilities	AFL Queensland have requested some changes to field and infrastructure including fencing and the removal of cricket wickets	Provision of suitable infrastructure for sport	Investigate appropriateness of requests with the AFL in current leasing negotiations	High	Positive outcome of discussions
Basketball facilities	Byron Bay Basketball are advocating for the inclusion of an additional two courts and seating.	Provision of suitable infrastructure for sport	Investigate the expansion of the multi purpose centre to include additional basketball courts in association with the Byron Bay Basketball Club.	High	Completion of centre expansion
Field Archery	Byron Bay Archery has approached Council to undertake field archery in adjacent pine forest.	Provision of suitable infrastructure for sport	Investigate the request from Byron Bay Archery to utilise the pine forest section of land, adjacent to the western fields, for field archery. The investigation process to include attention to any possible environmental and zoning issues that may arise.	High	Successful outcome of negotiations
The Bay Rollers and Summer Futsal	Both clubs have requested that the indoor courts be marked to suit their individual sports	The provision of suitable sports facilities	Investigate in conjunction with the Bay Rollers and Summer Futsal the appropriateness of individual line marking on the indoor courts	High	Satisfactory outcome of negotiations
Northeast pedestrian access	Users of the complex have identified a need for an additional access point in the northeast.	Provision of access to facilities, sporting fields and centre.	Investigate the appropriateness of a pedestrian access point linking the north east corner of the complex with Centennial Circuit	High	Completion of pedestrian access.
Safety	Council is responsible for personal safety issues at the Centre	Ensure centre users are safe	Strategies developed to address safety issues identified	Med	Strategies in place
Council contact	Some users commented on the need of a regular contact person within Council	Ensure communication link between Council and user groups	Nominate Council representative to work with sports groups and users	High	Representative selected and communicated to clubs and users. Working group meeting scheduled

GENERAL COMMUNITY USE
ISSUE	BACKGROUND	PERFORMANCE TARGET	MEANS OF ACHIEVEMENT (ACTION)	PRIORITY	METHOD OF MEASUREMENT
Commercial use of multi purpose facility and grounds identified as general community use	Council has a view to increase commercial use of the complex in order to assist in increasing usage and the offsetting of costs. Council is currently negotiating lease and licence agreements with AFL Queensland and Byron Bay Mozzerella.	Negotiate appropriate leases and licences in accordance with the LGA 1993 and Regulations. Income generation from entering into commercial leasing used to offset the running costs of the facility.	Leases and licences approved by Council in accordance with the core objectives of the land.	High	Establishment of leases and licences
Development of a business plan	In association with Council’s intention to develop commercial uses of the Centre a business plan is required.	To operate the Cavanbah Centre in a manner that presents Council with a regional community facility that operates within Council’s adopted budget and meets community expectation.	Develop business and management plan that reflects the identified objectives for the management of the land.	High	Implementation of business plan
Further development of the Cavanbah centre	Council is investigating expansion opportunities at the Cavanbah Centre	Implementation of additional facilities	Develop a prioritised list of additional facilities for development at the site in consultation with Centre management and user groups. Identify potential alternative funding sources.	High	Construction of facilities
Environmental management	Development of the Cavanbah Centre must address environmental issues	To manage the development of the site as to minimise the impact on adjacent land uses, water bodies and areas of significant habitat.	Develop appropriate management practices and plans to address environmental matters	High	Management practices and plans developed.
Maintenance	To maintain all aspects of the Cavanbah Centre to ensure they are clean, safe and appropriate for their use.	Develop comprehensive maintenance schedules. Undertake safety audits regularly and maintain the facilities.	Maintenance schedules to include: - Rubbish removal - Weed eradication - Vegetation management - Graffiti control Strategies developed to address safety risks identified. Establish a system of reporting, monitoring and recording the condition of facilities, structures and equipment.	Med	Maintenance schedule completed and adhered to. Audits conducted regularly, safety improved. All facilities in good condition and well maintained.

BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services 14.1 - Attachment 1

Minutes of the Internal Audit Advisory Committee Meeting held on Thursday, 18 May 2017

File No: I2017/802

PRESENT: Cr B Cameron and Cr A Hunter

Staff: Mark Arnold (Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
James Brickley (Manager Finance)

Anna Vinfield (Manager Governance)

Phil Warner (Manager Assets and Major Projects) (item 5.3)

Blyth Short (Asset Management Coordinator) (item 5.3)

Jessica Orr (Projects Manager – Special Projects)

David Royston-Jennings (Minute Taker)

Community: Michael Georghiou (Chairperson) and Tony McCabe

Internal Auditor: Mark Griffiths (Grant Thornton)

External Auditor: Kevin Franey (Thomas Noble Russell) and Reiky Jiang (Audit Office) (item 5.7)

Mr Georghiou (Chair) opened the meeting at 11.36am and acknowledged that the meeting was being held on Bundjalung Country.

Apologies:

There were apologies from Ken Gainger (General Manager), Cr Martin and Craig Kelly.

Declarations of Interest – Pecuniary and Non-Pecuniary

There were no declarations of interest.

Adoption of Minutes from Previous Meetings

Committee Recommendation:

That the minutes of the Internal Audit Advisory Committee Meeting held on 10 November 2016 be confirmed. (Georghiou/Hunter)

The recommendation was put to the vote and declared carried.

Business Arising from Previous Minutes

There was no business arising from previous minutes.

Procedural Motion

That the Internal Audit Advisory Committee change the order of business to deal with Reports 5.7 next on the Agenda.

(Georghiou/Hunter)

The recommendation was put to the vote and declared carried.

Procedural Motion

That the Internal Audit Advisory Committee move into Confidential Session. (Georghiou/Hunter)

The recommendation was put to the vote and declared carried.

Confidential Reports - Corporate and Community Services

Report No. 5.7 Confidential - 2016/2017 External Audit Client Service Plan

File No: I2017/491

Committee Recommendation:

1. That Council note the External Audit Client Service Plan prepared by the Audit Office of New South Wales for the year ended 30 June 2017 as outlined in Attachment 1 (#E2017/27622).

2. That the report and Attachment 1 of the closed part of the meeting remain confidential.

(Georghiou/Hunter)

The recommendation was put to the vote and declared carried.

Report No. 5.1 Confidential - Internal Audit Progress Report May 2017

File No: I2017/481

Committee Recommendation:

That Council receive and note the Internal Audit Report – Audit Committee (May 2017) (#E2017/30559 and #E2017/30561) prepared by the Internal Auditor, Grant Thornton.

(Georghiou/McCabe)

The recommendation was put to the vote and declared carried.

Report No. 5.2 Confidential - Cash Handling (Head Office) Review

File No: I2017/482

Committee Recommendation:

1. That the Internal Audit Report – Cash Handling (Head Office) Review – October 2016 (#2017/25774) be noted by Council along with responses and actions detailed by Management.

2. That Management implement the recommendations made in the report identified as Attachment 1 (#E2017/25774). (Georghiou/Cameron)

The recommendation was put to the vote and declared carried.

Report No. 5.3 Confidential - Asset Management - Key Asset Infrastructure Review Report

File No: I2017/483

Committee Recommendation:

1. That the Internal Audit Asset Management – Key Infrastructure Review Report - March 2017 (#2017/16611) be noted by the Committee along with responses and actions detailed by Management.

2. That Management implement the recommendations made in the report identified as Attachment 1 (#E2017/16611). (Georghiou/Hunter)

The recommendation was put to the vote and declared carried.

Report No. 5.4 Confidential - New Constitution of Internal Audit, Risk & Improvement Committee

File No: I2017/484

Committee Recommendation:

1. That the Committee note the amendments made to the Constitution as per the legislative requirements under the Local Government Amendment (Governance and Planning) Act 2016 NSW.

2. That subject to the Committee being renamed the Audit, Risk and Improvement Committee, the Committee endorse and recommend the adoption of the revised Constitution to Council.

(Georghiou/Cameron)

The recommendation was put to the vote and declared carried.

Report No. 5.5 Confidential - Business Continuity Review report

File No: I2017/500

Committee Recommendation:

1. That the Internal Audit Business Continuity Plan Review Report - April 2017 (#2017/30343) be noted by the Committee.

2. That Management implement the recommendations made in the report identified as Attachment 1 (#2017/30343). (Georghiou/McCabe)

The recommendation was put to the vote and declared carried.

Report No. 5.6 Confidential - Initial local government performance audits

File No: I2017/603

Committee Recommendation:

That the information contained in the letter from the Auditor-General of NSW dated 27 April 2017 (#E2017/30966) be noted. (Georghiou/McCabe)

The recommendation was put to the vote and declared carried.

Report No. 5.8 Confidential - Management of Conflicts of Interest in Development Matters Procedure

File No: I2017/501

Committee Recommendation:

That the committee note the contents of this report and the action taken to date by Management.

(Georghiou/Cameron)

The recommendation was put to the vote and declared carried.

Procedural Motion

Committee Recommendation:

That the meeting move out of confidential session. (Georghiou/Cameron)

The recommendation was put to the vote and declared carried.

There being no further business the meeting concluded at 1.44pm.

Venue	Meeting Room 1, Station Street, Mullumbimby
Date	Thursday, 16 March 2017
Time	9.00am

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 4 May 2017
Time	9.00am

Building or location	Purpose/use	Authorised scale of development
Extension of the multi purpose sporting and cultural facility	Additional courts for sport, recreation and general community use	Development authorised for improvements to, and the construction of, new amenities/pavilions/community buildings where required.
Whole of the Cavanbah Centre site	Community use as outlined in the LGA 1993	Lease and licences over the land are authorised for purposes as outlined in the LGA 1993.
Whole of the Cavanbah Centre site.	Sport, Recreation and General Community Use	Easements are authorised over the land for the purpose of providing pipes, conduit or other connections under the surface of the ground. This is limited to easements that connect premises on the site to existing water, sewer, drainage or electricity facility of Council or other public utility provided that is situated on the land.
Whole of the Cavanbah Centre site	Sport, Recreation and General Community Use	Development authorised for embellishments on the site, including, but not limited to: · Sports fields (football – all codes, athletics, netball, basketball, hockey and tennis) · Drainage and irrigation · Picnic and shade facilities · Playground equipment · Lighting · Walkway/cycleways · Minor earthworks · Landscaping · Fencing · Sporting goalposts and netting · Spectator seating · Storage facilities · Primitive Camping · Training camps · Aquatic centre · Wellness centre · Skate park · BMX track · Markets · Outdoor/indoor entertainment · Cycleway – criterion track · First Aid Rooms · Filming Towers · Storage · Associated Sporting Code Infrastructure · Additional Basketball Courts · Gymnasium · Sports Club · Cafe

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 18 May 2017
Time	11.30am

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 18 May 2017
Time	2.00pm