Ordinary Meeting
Minutes
23 November 2017
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday,
23 November 2017 COMMENCING
AT 9.02AM AND
CONCLUDING AT 6.10PM
I2017/1819
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter,
Cr M Lyon, Cr J Martin, Cr S Ndiaye and Cr P Spooner
Staff: Mark
Arnold (Acting General Manager)
James
Brickley (Acting Director Corporate and Community Services)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
David
Royston Jennings/Mila Jones (Minute Taker)
The Mayor opened the meeting and acknowledged that
the meeting is being held on Arakwal Country and that we pay our respects to
the elders past and present and extend our respect to the Bundjalung clans
whose lands and waters are part of the Shire.
Public
Access
Prior to dealing with the circulated reports and associated
information, a Public Access Session was held and Council was addressed on the
following:
9.2 Adani
Contracts
Virginia White, representing Stop Adani Byron Shire,
addressed Council in favour of the recommendation.
9.5 Trialling
Traffic Lights in Key Byron Intersections
Ann Reed addressed Council in favour of the
recommendation.
Fast Buck$ addressed Council against the recommendation.
9.6 Instant
Hotel TV Show
David Wallace, representing Victims of Holiday Letting,
addressed Council in favour of the recommendation.
10.1 Petition
- Tyagarah Airfield Plan Management
Matthew O’Reilly, representing Community
Associations Byron Shire, addressed Council against the recommendation.
13.2 Meeting
Schedule 2018
Fast Buck$ addressed Council against the recommendation.
13.10 Sunshine
Cycles use of land at First Sun Holiday Park
Luke Young, representing Sunshine Cycles, addressed
Council against the recommendation.
13.12 Amended Resolution – Acquisition of land included
in Butler Street Reserve R88993
Gyan Moyes, representing
the Rainbow Region Store holders Association, and Ian Brown addressed Council
against the recommendation.
13.14 PLANNING
– Event Sites/Function Centres in Rural Zones
Che Devlin and Taryn McGregor, representing Byron
Weddings and Events Industry Association, addressed Council in favour of the
recommendation.
Judy Macdonald, representing the Main Arm Rural Residents
Association, addressed Council against the recommendation.
13.15 PLANNING
– 26.2017.5.1 and 26.2017.6.1 Byron Bay Town Centre Masterplan
Implementation – Planning Proposals
John Lazarus addressed Council against the
recommendation.
13.17 PLANNING
– 26.2017.4.1 – Planning Proposal for Rezoning and Reclassifying
Part Lot 22 DP 1073165 Mullumbimby
Malcolm Price, representing Social Habitat Housing,
addressed Council in favour of the recommendation.
Matthew Lambourne, Dr Sonia Laverty and Joanne Campbell
addressed Council against the recommendation.
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Procedural Motion
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17-557
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Resolved that
Public Access be extended until 11.15am. (Richardson/Spooner)
The motion was put to the vote and declared carried.
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13.18 Report
of the Planning Review Committee Meeting held on 19 October 2017
Olga Tresz addressed Council against the recommendation.
13.21 PLANNING
– Resolution 17-260 Expression of Interest Land for Affordable Housing
Update
Matthew O’Reilly, representing Community Associations
Byron Shire and Saddle Ridge Local Area Management Planning Association,
addressed Council against the recommendation.
13.22 PLANNING
– 10.2017.360.1 Rural Tourist Accommodation Comprising Four (4) cabins at
75 Rifle Range Road, Banalow
Rob Doolan, representing Balanced Systems, addressed
Council in favour of the recommendation.
Linda Sparrow, representing Bangalow Koalas, addressed
Council against the recommendation.
13.23 PLANNING
– 10.2017.270.1 Multi dwelling housing comprising eight (8) dwellings,
Strata Title subdivision to create eight (8) Strata Lots and Common Property
and Tree Removal (17 trees) at 6 and 6A Canowindra Court South Golden Beach
Mark Delaney and Karl Walden addressed Council against
the recommendation.
13.24 PLANNING – Site-specific Planning Proposals
considered as part of the rural Land Use Strategy process
James Jackson addressed
Council against the recommendation.
13.25 Further update on Resolution 17-191 Secondary Dwelling
Conditions
David Wallace addressed
Council in favour of the recommendation.
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Procedural Motion
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17-558
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Resolved that
Public Access be extended until 11.45am. (Richardson/Spooner)
The motion was put to the vote and declared carried.
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13.26 Review
of the Biodiversity and Sustainability Panel
John Lazarus addressed Council against the
recommendation.
13.30 Purchase
of the Railway Land Easement for Access to Lot 4 – The Lead Land,
Mullumbimby
Sol Farina, representing One Roof Byron, addressed
Council in favour of the recommendation.
13.32 Brunswick
Heads Parking Strategy
Kim Rosen addressed Council in favour of the
recommendation.
13.35 Resolution
17-556 Additional Information on Railway Park
John Lazarus, representing the Byron Environment Centre,
addressed Council against the recommendation.
15.2 Sand
Quarry
Matthew O’Reilly, representing Community
Associations Byron Shire, addressed Council against the recommendation.
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Procedural Motion
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17-559
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Resolved that
Public Access be extended until 12.00pm. (Richardson/Cameron)
The motion was put to the vote and declared carried.
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16.2 CONFIDENTIAL
– Council Tender for the Multi Use of Byron Shire Rail Corridor
John Anderson addressed Council against the
recommendation.
Question No. 1 Paid Parking in Bangalow
Jenny Coman asked a question
of Council regarding paid parking in Bangalow.
The question was taken on notice.
Question
No. 2 Paid Parking in Bangalow
Cr Hunter asked Peter Mortimer’s question on his
behalf regarding paid parking in Bangalow.
The question was taken on notice.
Question No. 3 Lot 2 DP 445771 Coopers Lane West
Duncan Dey asked a question
of Council regarding Lot 2 DP 445771 Coopers Lane West.
The Director Sustainable
Environment and Economy provided an answer at the meeting.
Question
No. 4 Byron Bypass
John Anderson asked a question of Council regarding the
proposed Byron Bypass.
The question was taken on notice.
Question No. 5 Tree Removal
John Lazarus asked a question
of Council regarding tree removal.
The question was taken on notice.
Question
No. 6 Unsuccessful Tender for Surf School License
Vanessa Thompson, representing Mojosurf asked a question of
Council regarding Mojosurf’s unsuccessful tender for a surf school
license.
The question was taken as a submission.
Question
No. 7 Traffic and Parking Issues in Bangalow
Cr Richardson asked Joanne Miller’s question on her
behalf regarding Traffic and Parking Issues in Bangalow.
The question was taken on notice.
13.23 PLANNING
– 10.2017.270.1 Multi dwelling housing comprising eight (8) dwellings,
Strata Title subdivision to create eight (8) Strata Lots and Common Property
and Tree Removal (17 trees) at 6 and 6A Canowindra Court South Golden Beach
Dionne Payn, representing Payn Property Partners, addressed
Council in favour of the recommendation.
The meeting adjourned at 12.03pm for lunch and reconvened
at 1.05pm.
Apologies
There were no apologies.
Requests
for Leave of Absence
There
were no requests for leave of absence
Declarations
of Interest – Pecuniary and Non-Pecuniary
Cr Spooner declared a non-pecuniary interest in Report 13.12.
The nature of the interest being that his employer BBCA has a license to
operate a market on this site. Cr Spooner elected to remain in the Chamber and
will participate in discussion and the vote.
Cr Spooner declared a special disclosure of pecuniary
interest under s451 of the Local Government (General) Regulations 2005 in
Report 13.15. The nature of the interest being the land adjoins or is adjacent
to or is in proximity to the identified land.
Cr Martin declared a non-pecuniary interest in Report 13.17.
The nature of the interest being that she was the founder of the Mullumbimby
Community Garden situated at lot 22 and while no longer on the Board of
Management, she is the public officer and has also spoken voluntarily at a
public meeting by Social Habitat in support of “tiny house village”
on this site. Cr Martin elected to
remain in the Chamber and will participate in discussion and
the vote.
Cr Hunter declared a pecuniary interest in Report 13.19. The
nature of the interest being that he is the owner of the property. Cr
Hunter elected to leave the Chamber, not participate in the debate and not
vote. He will not return until the matter is resolved
Cr Spooner declared a non-pecuniary interest in Report 13.19.
The nature of the interest being that the applicant is an elected Councillor
and believes his association with him makes it inappropriate to vote on this
application. Cr Spooner elected to leave the Chamber, not participate in the
debate and not vote. He will not return until the matter is resolved.
Cr Martin declared a non-pecuniary interest in Report 13.30.
The nature of the interest being that she has attended meetings with One Roof
Byron, as a supporter of finding a solution to the homeless situation in
Mullumbimby. She does not vote at their meetings. Cr Martin elected to
remain in the Chamber and will participate in discussion and
the vote.
Tabling of Pecuniary Interest
Returns
In accordance with the Local Government Act 1993 Section
450A(2), Section 449(1), a return was tabled for Cr Sarah Ndiaye.
Adoption
of Minutes from Previous Meetings
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17-560
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Resolved that the minutes of the following meetings be
confirmed:
· Byron
Shire Reserve Trust Committee held 26 October 2017
· Ordinary
Meeting held 26 October 2017
· Extraordinary
Meeting held 2 November 2017 (Hunter/Richardson)
The motion
was put to the vote and declared carried.
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Reservation
of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be
reserved for debate, being:
Staff Reports
Corporate and Community
Services
Report No. 13.1 Review
of Natural Disaster Response Protocols
Report No. 13.2 Meeting
Schedule 2018
Report No. 13.8 Audit,
Risk and Improvement Committee Membership
Report No. 13.11 North Byron
Parklands Regulatory Working Group - Community Representatives
Report No. 13.12 Amended
resolution - Aquisition of land included in Butler Street Reserve R88993
Sustainable Environment and Economy
Report No. 13.14 PLANNING
- Event Sites/ Function Centres in Rural Zones
Report No. 13.15 PLANNING -
26.2017.5.1 and 26.2017.6.1 Byron Bay Town Centre Masterplan Implementation -
Planning Proposals
Report No. 13.17 PLANNING
- 26.2017.4.1 - Planning Proposal for Rezoning and Reclassifying Part Lot 22 DP
1073165 Mullumbimby
Report No. 13.18 Report of the
Planning Review Committee Meeting held on 19 October, 2017
Report No. 13.19 PLANNING
-10.2017.393.1 Detached Dual Occupancy Dwelling at 31 Pinegroves Road Myocum
Report No. 13.20 Biodiversity
Conservation Strategy Update
Report No. 13.21 PLANNING -
Resolution 17-260 Expression of Interest Land for Affordable Housing Update
Report No. 13.22 PLANNING -
10.2017.360.1 Rural Tourist Accommodation Comprising Four (4) Cabins at 75 Rifle
Range Road, Bangalow
Report No. 13.23 PLANNING -
10.2017.270.1 Multi dwelling housing comprising eight (8) dwellings, Strata
Title subdivision to create eight (8) Strata Lots and Common Property and Tree
Removal (17 trees) at 6 and 6A Canowindra Court South Golden Beach
Report No. 13.24 PLANNING -
Site-specific Planning Proposals considered as part of the Rural Land Use
Strategy process
Report No. 13.25 Further update
on Resolution 17-191 Secondary Dwelling Conditions
Report No. 13.26 Review of the
Biodiversity and Sustainability Panel
Infrastructure Services
Report No. 13.31 Former
Mullumbimby Hospital - Contamination Review
Report No. 13.32 Brunswick
Heads Parking Strategy
Report No. 13.33 Tree Removals
Railway Park Byron Bay
Report No. 13.34 Bangalow STP
Membrane Replacement
Confidential Reports
Infrastructure Services
Report No. 16.2 Confidential - Council Tender for the
Multi Use of Byron Shire Rail Corridor
Crs Spooner and Hunter left the meeting at 1.22pm in
accordance with their earlier declared interest in Report 13.19.
The remaining Recommendations
and Committee Recommendations were adopted as a whole, being moved by Cr
Richardson and seconded by Cr Ndiaye. Each recommendation is recorded with a
separate resolution number commencing at Resolution No. 17-561 and concluding
with Resolution No. 17-583.
Crs Spooner and Hunter returned to the meeting at 1.22pm.
Staff
Reports - Corporate and Community Services
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Report No. 13.3 Review
of Community Donations under Section 356 - new Community Initiatives Program
File No: I2017/1526
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17-561
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Resolved:
1. That
the draft Community Initiatives Program (Section 356) Policy be placed on
public exhibition for a period of 28 days.
2. That
in the event:
a) that
any submissions are received on the draft Community Initiatives Program
(Section 356) Policy, that those submissions be reported back to Council
prior to the adoption of the policy;
b) that
no submissions are received on the draft Community Initiatives Program
(Section 356) Policy, that the Policy be adopted and incorporated into
Council’s Policy Register.
3. That
the contents of the accompanying Community Initiatives Program Guidelines be noted.
4. That
In the event that no submissions are received and the Community Initiatives Program
(Section 356) Policy is adopted, that advertising commence in January 2018 to
call for applications to the new Program for the 2017/18 financial year. (Richardson/Ndiaye)
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Report No. 13.4 Council
Resolutions Quarterly Review - 1 July 2017 to 30 September 2017
File No: I2017/1532
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17-562
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Resolved:
1. That
Council receive and note the information provided in this report on active
Council Resolutions in Attachment 1 (#E2017/104616).
2. That
Council note the completed Resolutions in Attachment 2 (#E2017/98426).
(Richardson/Ndiaye)
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Report No. 13.5 Code
of Conduct Annual Report 1 September 2016 - 31 August 2017
File No: I2017/1546
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17-563
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Resolved that the
Code of Conduct Annual Report for the period 1 September 2016 to 31 August
2017 be noted. (Richardson/Ndiaye)
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Report No. 13.6 Council
Budget Review - 1 July 2017 to 30 September 2017
File No: I2017/1559
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17-564
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Resolved:
1. That
Council authorise the itemised budget variations as shown in Attachment 2
(#E2017/104035) which includes the following results in the 30 September 2017
Quarterly Review of the 2017/2018 Budget:
a) General
Fund – $161,900 decrease to the Estimated Unrestricted Cash Result
b) General
Fund - $1,651,500 increase in reserves
c) Water
Fund - $110,000 decrease in reserves
d) Sewerage
Fund - $15,000 decrease in reserves
2. That
Council adopt the revised General Fund Estimated Unrestricted Cash Result of
$940,600 for the 2017/2018 financial year as at 30 September 2017. (Richardson/Ndiaye)
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Report No. 13.7 Council
Investments October 2017
File No: I2017/1565
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17-565
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Resolved that the
report listing Council’s investments and overall cash position as at 31
October 2017 be noted. (Richardson/Ndiaye)
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Report No. 13.9 Presentation
of 2016/2017 Financial Statements
File No: I2017/1678
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17-566
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Resolved that the Audited Financial Statements and Auditors
Reports for the 2016/2017 financial year be presented to the Public in
accordance with Section 419(1) of the Local Government Act 1993. (Richardson/Ndiaye)
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Report No. 13.10 Sunshine
Cycles occupation of a site at First Sun Caravan Park (Lot 5 DP 827049)
File No: I2017/1684
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17-567
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Resolved:
1. That
this report be noted.
2. That
pursuant to clause 4.3 of the Licence for occupation of Council land
between Byron Shire Council and Luke Young, Council terminate the license
effective as at 23 December 2017.
3. That
notice of termination be provided to Luke Young forthwith. (Richardson/Ndiaye)
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Staff Reports - Sustainable
Environment and Economy
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Report No. 13.13 PLANNING
- State Environmental Planning Policy No. 1 - Variations to development
standards - 1 July to 30 September
File No: I2017/969
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17-568
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Resolved that Council note the report. (Richardson/Ndiaye)
The motion was put
to the vote and declared carried.
Crs Coorey,
Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted
in favour of the motion.
No Councillors
voted against the motion.
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Report No. 13.16 Integrated
Pest Management Update
File No: I2017/1527
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17-569
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Resolved that Council
note the update provided in the report by the Integrated Pest Management
Working Group on the Directions Document to inform the Byron Shire Integrated Pest Management Policy and
Strategy and the revised project
timeframe.
(Richardson/Ndiaye)
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Report No. 13.19 PLANNING
-10.2017.393.1 Detached Dual Occupancy Dwelling at 31 Pinegroves Road Myocum
File No: I2017/1547
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17-570
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Resolved that
Pursuant to Section 80 of the Environmental Planning & Assessment Act
1979, development application 10.2017.393.1 detached dual occupancy dwelling
development be granted consent subject to the conditions listed in Attachment
2 #E2017/99679
(Richardson/Ndiaye)
The motion was put to the
vote and declared carried
No Councillors voted against
the motion..
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Report No. 13.27 Supporting
Sustainable Agriculture and Agribusiness in Byron Shire
File No: I2017/1717
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17-571
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Resolved that Council:
1. Acknowledge
the desktop research results and SWOT analysis into agriculture and
agribusiness.
2. Support
the next steps of the Byron Shire Sustainable Agriculture and Agribusiness
Project with further reports provided to Council following project milestone
achievements.
3. Note
that staff will be applying for grant and sponsorship funding to support the
Byron Shire Sustainable Agriculture and Agribusiness Project, and should this
grant be successful, Council will need to commit funding of $50,000 in the
2018/2019 and 2019/2020 financial years respectively. (Richardson/Ndiaye)
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Staff Reports - Infrastructure
Services
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Report No. 13.28 Mullumbimby
Parking Strategy
File No: I2017/1286
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17-572
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Resolved:
1. That
Council endorse the implementation of the changes to parking time limits in
the Mullumbimby town centre, in line with Figure 1 in this report, being 1P
throughout Burringbar Street and the addition of 4P zones at the ends of
Stuart and Dalley Streets, with 2P remaining in place for the remainder of
Stuart and Dalley Streets.
2. That
the time limit changes be reported to the Local Traffic Committee (LTC).
3. That
Council approve a budget of $15,000 to implement the revised parking time
limits, from the Infrastructure Renewal Reserve.
4. That
Council receive a report after twelve (12) months, to review:-
a) The
effectiveness of the time limit changes in managing parking turnover;
b) Infringement
levels throughout the town centre; and
c) Based
on the outcomes of a) and b) above, the introduction a pay parking scheme to
manage parking turnover and effectiveness in accordance with the
recommendations of the Traffic and Parking Systems Group (TPS) report titled
“Mullumbimby Town Centre Parking Management Strategy”
(#E2016/80919). (Richardson/Ndiaye)
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Report No. 13.29 Proposed
Boundary Adjustment and Sale of Part Council Drainage Reserve Lot 103 DP
842022
File No: I2017/1529
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17-573
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Resolved:
1.
That Council endorse the Sale of Part Council owned Drainage
Reserve Lot 103 DP 842022 Operational Land to adjoining land owner at 11 Banksia
Drive Byron Bay SP 89597.
2.
That Council accept the Valuation report completed by Opteon
Property Group (Confidential Attachment 1).
3. Without limiting the delegation to the
General Manager to negotiate a contract suitable to the Council, terms and
conditions of the contract will include requirements for:
i. the applicant to pay all costs associated
with the purchase of Council’s operational land Drainage Reserve Part
Lot 103 DP 842022, including but not limited to:
a) Council application fees
b) Council’s surveyor's fees and
survey, valuation and legal costs
c) All registration fees
d) Legal costs
4.
That the applicant lodges a development application for the
boundary adjustment to coincide with the contract of sale.
5. That Council authorise the affixing of
the Council seal to and the signing of all documents necessary to affect the
sale and boundary adjustment. (Richardson/Ndiaye)
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Report No. 13.30 Land
purchase for access to Lot 4 Mullumbimby
File No: I2017/1530
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17-574
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Resolved:
1. That
Council authorise the General Manager to enter into contracts for the
purchase of part of Lot 2, DP1121508 to provide access to Lot 4,
DP841856, Station Street. Mullumbimby.
2. That
Council allocate a budget from the Sewer Fund for purchase to the value
nominated in the confidential attachment.
3. That
upon completion of the purchase, do all acts and things necessary to classify
the land as operational land. (Richardson/Ndiaye)
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Report No. 13.35 Resolution
17-556 Additional information on Railway Park
File No: I2017/1740
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17-575
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Resolved that Council:
1. Note
the report.
2. Request
staff to commence work to include Railway Park in an updated Plan of
Management with the aim of completing the process by 30 June 2018.
3. Request
staff to enter into discussions with the Byron Environment Centre about the
future occupation/location of the rotunda structure and bring a report on the
outcome of those discussions back to the first Council meeting in 2018. (Richardson/Ndiaye)
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Reports
of Committees - Infrastructure Services
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Report No. 14.1 Report
of the Byron Shire Floodplain Risk Management Committee Meeting held on 12
October 2017
File No: I2017/1512
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17-576
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Resolved that Council note the minutes of the Byron Shire
Floodplain Risk Management Committee Meeting held on 12 October 2017. (Richardson/Ndiaye)
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17-577
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Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.1 March 2017 Flood Event
File No:
I2017/1156
Committee Recommendation 4.1.1
1. That
Council note the report and existence of further report by Manly Hydraulics
Laboratory, prepared on a regional basis.
2. That
Committee members should provide feedback within 2 weeks regarding the draft,
with staff sending a reminder after one week. (Richardson/Ndiaye)
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17-578
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Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.2 North Byron Floodplain
Risk Management Study and Plan Tender
File No:
I2017/1356
Committee Recommendation 4.2.1
1. That
Council note the North Byron Floodplain Risk Management Study and Plan
Technical Brief (E2017/92200) including final updates from OEH.
2. That
Council staff and OEH note dissatisfaction expressed by some committee
members on consultants’ performance in preparing the preceding Flood
Study.
3. That
Council review and update its Climate Change Policy on the basis of recent
findings, including findings on regional rainfall changes. (Richardson/Ndiaye)
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17-579
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Resolved that Council
adopt the following Committee Recommendation(s):
Report
No. 4.3 Introduction to the Floodplain Risk Management
Process
File No: I2017/1360
Committee
Recommendation 4.3.1
That Council note the report. (Richardson/Ndiaye)
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Report No. 14.2 Report
of the Transport and Infrastructure Advisory Committee Meeting held on 2
November 2017
File No: I2017/1713
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17-580
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Resolved that Council note the minutes of the Transport and
Infrastructure Advisory Committee Meeting held on 2 November 2017.
(Richardson/Ndiaye)
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17-581
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Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.1 Byron Bay (Browning St)
to Suffolk Park (Clifford St) Cycleway Investigation
File No:
I2017/1562
Committee Recommendation 4.1.1
1. That
the Committee:
a) thanks
PSA Consulting for the presentation on the draft Byron Bay (Browning St) to
Suffolk Park (Clifford St) Cycleway Investigation Report.
b) receives
further details and information regarding possible cost of infrastructure
relocation and parking implication within the Northern Section.
c) meets
for on-site inspection of Northern Section and considers issues arising on
extraordinary meeting.
2. That
the Council consider active transport wayfinding strategy for the Shire with
the particular attention to signage. (Richardson/Ndiaye)
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Confidential Reports -
Infrastructure Services
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Report No. 16.1 Confidential - Tender 2017-0009
Construction of Sewerage Pump Station SPS5004 Ocean Shores
File No: I2017/1685
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17-582
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Resolved:
1. That
Council award the Lump Sum Price Contract 2017-0009 Construction of Sewerage
Pump Station SPS5004 to Ledonne Construction Pty Ltd for the value of
$946,114.00 (exclusive of GST).
2. That
the project’s total budget allocation be adjusted to $1,136,000 for the
2017/2018 Financial year with funding provided from the available reserves
held within the Sewer Fund.
3. That
Council delegate to the General Manager the authority to administer this
contract to the contract value plus the contingency value nominated in this
report.
4. That
Council authorise the affixing of the Council seal to all documents that may
require it, in regards to the Contract.
5. That
Council makes public it decision including the name and amount of the
successful tenderer in accordance with Clause 179(b) of the Local Government
(General) Regulation 2005.
6. That the report remains confidential until the
contract is finalised.
(Richardson/Ndiaye)
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Report No. 16.3 Confidential - Customer Service Front
Foyer Renovation Works
File No: I2017/1718
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17-583
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Resolved:
1. That
Council award Tender Customer Service Front Foyer Renovation Works to Quadracon
Building.
2. That Council makes public its decision, including the name and
amount of the successful tenderer, in accordance with Clause 179(b) of the
Local Government (General) Regulation 2005. (Richardson/Ndiaye)
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Procedural
Motion
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17-584
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Resolved that Council change the order of business to deal
with Reports 9.2, 13.32, 9.5, 10.1, 13.12, 13.14, 13.15, 13.17, 13.18, 13.21,
13.22, 13.23, 13.24, 13.25 and 13.26 next on the Agenda. (Richardson/Lyon)
The motion was put to the vote and declared carried.
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Mayoral
Minute
There was no Mayoral Minute.
Notices
of Motion
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Notice of Motion No. 9.2 Adani
Contracts
File No: I2017/1722
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17-585
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Resolved that Council:
1. Notes
the Stop Adani campaign event in Byron Bay and events around Australia for
the National Stop Adani Day of Action on 7 October 2017 to support the
farmers directly affected and the wider community's concerns over this mine.
2. Resolves
not to contract or engage in services under any existing contract with Downer
EDI or any of its subsidiaries, including the RPQ Group and NSW Spray Seal,
until they publicly withdraw from their agreement with Adani to construct and
operate the Carmichael mine and publicly renounce any further involvement
with Adani and the Carmichael mine.
3. Investigates
further companies to which at present or in the future Council may award
contracts that may have any involvement in contracting for the development
and operation of the Carmichael mine, or otherwise have ties to Adani.
4. Resolves
not to award future contracts to those companies identified in point three
that are involved with Adani or the construction of the Carmichael mine until
they renounce any involvement with Adani and the Carmichael mine.
5. Writes
to Downer EDI, the RPQ Group, NSW Spray Seal and any other companies
identified in point three alerting them to this motion and similar actions in
neighbouring Councils, and urging them to reconsider their involvement with
Adani and the construction of the Carmichael mine.
6. Writes
to the Prime Minister, the Hon. Mr Malcolm Turnbull and Queensland Premier,
the Hon. Annastacia Palaszczuk and to all councils across Australia
(addressed to mayors and councillors) to express in the most respectful terms
our extreme concern about the Adani mine and alert them to the contents of
this motion. (Lyon/Ndiaye)
|
|
|
Procedural
Motion
|
|
17-586
|
Resolved that Cr Spooner be granted a two minute extension
to his speech. (Richardson/Ndiaye)
The motion was put to the vote and declared carried.
|
The motion (Lyon/Ndiaye) was put to the vote and declared
carried.
Crs Spooner and
Hunter voted against the motion.
Staff Reports - Infrastructure
Services
|
|
Report No. 13.32 Brunswick
Heads Parking Strategy
File No: I2017/1556
|
|
|
Moved:
1. That
Council endorse the implementation steps recommended in the Brunswick Heads Parking Management
Strategy as modified to implement revised time limits in the town centre
immediately (as per point 2 below);
2. That
Council endorse the implementation of the changes to the parking time limits
in Brunswick Heads, using the layout provided by the Brunswick Heads Chamber
of Commerce, Progress Association and Brunswick Heads School shown at Figure
2 and incorporating the third amendment identified
in Table 2.
3. That
Council seek Local Traffic Committee (LTC) endorsement of the parking time
limit changes.
4. That
Council negotiate any necessary agreement with Crown Lands to implement
parking schemes.
5. That
at the end of 12 months, Council re-engage TPS to undertake a review of the
new arrangements. Then, if necessary, consult on further improvements and
consider various options, including the desirability of paid parking.
6. That
staff report to council by mid 2018 on the cost of infrastructure upgrade
requirements in the following areas;
a) Booyun
Street, east of Park Street, in order to implement a Kiss and Ride School
drop off zone in this area;
b) Park
Street, between Fingal Street and Slessor Lane, to formalise parking whilst maintaining
the existing bus zone;
c) Dedicated
parking for up to four Horse floats at the end of South Beach Road; and,
d) The
creation of additional parking spaces by conversion of some parallel parking
spaces to nose-in parking spaces where appropriate eg on the southern side to
Mullumbimby Street between Park Street and Tweed Street.
7. That
Council approve the allocation of $25,000 for the implementation or
revised time limits (including line marking) be funded from the existing
Operating Budget. (Spooner/Hunter)
|
AMENDMENT
|
17-587
|
Resolved:
1. That
Council endorse the implementation steps recommended in the Brunswick Heads
Parking Management Strategy as modified to:
a) Implement
revised time limits in the town centre immediately (as per point 2 below);
b) Closely
monitor parking demands, durations and infringements in the Town Centre Area
in particular with the objective to continuously quantify the appropriateness
of duration limits and to ‘track’ trends in the level of
infringement; and
c) Assess
the compliance with the revised time limits and associated infringements in
the management of parking turnover, following the implementation of the
revised time limits, in conjunction with any future consideration by Council
of the implementation of a pay parking scheme in Brunswick Heads.
2. That
Council endorse the implementation of the changes to the parking time limits
in Brunswick Heads, using the layout provided by the Brunswick Heads Chamber
of Commerce shown at Figure 2, incorporating the amendments identified in
Table 2.
3. That
Council seek Local Traffic Committee (LTC) endorsement of the parking time
limit changes.
4. That
Council negotiate any necessary agreement with Crown Lands to implement
parking schemes.
5. That
prior to the consideration of any Pay Parking Scheme for Brunswick Heads,
staff undertake further investigations and consultation and report to
Council in mid 2018 on revised parking arrangements and the cost of
infrastructure upgrade requirements in the following areas;
a) Booyun
Street, east of Park Street, in order to implement a Kiss and Ride School
drop off zone in this area;
b) Park
Street, between Fingal Street and Slessor Lane, to formalise parking whilst
maintaining the existing bus zone;
c) Parking
arrangements on South Beach Road, including dedicated parking for up to four
(4) Horse floats at the end of South Beach Road; and
d) Parking
arrangements in South Beach Lane
6. That
Council approve:
a) an
allocation of $115,000 to be funded from Section 94 Car Parking Brunswick
Heads to undertake the investigation works in items 5a) to 5d), inclusive;
and
b) the
allocation of $25,000 for the implementation or revised time limits
(including line marking) be funded from the existing signage program. (Richardson/Lyon)
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|
|
Procedural
Motion
|
|
17-588
|
Resolved that
Cr Richardson be granted a two minute extension to his speech. (Lyon/Ndiaye)
The motion was put to the vote and declared carried.
|
The amendment (Richardson/Lyon) was put to the vote and
declared carried.
Crs Cameron, Hackett, Spooner and Hunter voted against
the amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Crs Cameron, Hackett, Spooner and Hunter voted against
the motion.
NOTIces OF MOTION
|
|
Notice of Motion No. 9.5 Trialling
Traffic Lights in Key Byron Bay Intersections
File No: I2017/1727
|
|
17-589
|
Resolved:
1. That
Council receive a late report to the Ordinary Meeting of 14 December 2017 including
a comparative study between roundabouts and traffic lights that considers
costs, safety (for pedestrians, vehicles and cyclists) and efficiency.
2. That the potential for trialling or
installing traffic lights in Byron Shire be referred to the Local Traffic
Committee for advice.
3. That Council suspend any preparatory
works on roundabout construction, tender and land acquisition until after the
Ordinary Meeting on 14 December 2017. (Hackett/Cameron)
|
|
|
Procedural
MotionS
|
|
17-590
|
Resolved that Cr Hackett
be granted a two minute extension to her speech.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
|
17-591
|
Resolved that Cr Hackett
be granted a one minute extension to her speech. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
The motion (Hackett/Cameron) was put to the vote and
declared carried.
PETITIONS
|
|
Petition No. 10.1 Tyagarah
Airfield Plan Management
File No: I2017/1508
|
|
17-592
|
Resolved that
staff and Councillors meet on-site with Matthew O’Reilly and other
airstrip stakeholders and ground truth assertions made in his address in
public access and present a report on this meeting to Council. (Richardson/Lyon)
Cr Hackett left the meeting at 3.18pm.
The motion was put to the vote and declared carried.
Cr Hackett was not present for the vote.
|
Staff Reports - Corporate and
Community Services
|
|
Report No. 13.12 Amended
resolution - Acquisition of land included in Butler Street Reserve R88993
File No: I2017/1746
|
|
17-593
|
Resolved that Council
make an application to the Minister and the Governor for approval to acquire
land described as land parcels included in R88993:
Lot 389 DP
728537
Lot 390 DP
728538
Lot 391 DP
728539
Lot 392 DP
728539
PT Lot 393
DP 728539
by compulsory process under section 186(1) of the Local
Government Act 1993, and in accordance with the requirements of the Land
Acquisition (Just Terms Compensation) Act 1991, for the purpose of: 1)
ensuring Council complies with clause 61 of Crown licence RI 574216; 2)
allowing the land to be used consistently with Council’s adopted Byron
Bay town centre master plan; and 3) enabling the land to be retained in
community hands and used for a variety of public purposes, including those
contained in the current Plan of Management for the Butler Street Reserve. (Ndiaye/Richardson)
Cr Hackett returned to the meeting at 3.24pm.
The motion was put to the vote and declared carried.
Cr Cameron voted against the motion.
|
Staff
Reports - Sustainable Environment and Economy
|
|
Report No. 13.14 PLANNING
- Event Sites/Function Centres in Rural Zones
File No: I2017/1485
|
|
17-594
|
Resolved that Council, for the purposes of community
consultation:
1. Prepare
a draft Planning Proposal to amend Byron Local Environmental Plan 2014 to
insert a clause permitting function centres with consent in zones RU1, RU2
and R5 subject to a range of controls which will manage impacts on existing
residents.
2. Conduct
information sessions in all rural communities where the proposal may have
affect.
3. Issue
a media release and Council website post at least two weeks prior to the
first information session to advise the community of the planning proposal
with notice of all information sessions.
4. Following
completion of the information sessions and other community consultation, a
report be received by Council with a review of the community meetings and
consultation.
(Cameron/Richardson)
|
AMENDMENT
Moved: That
Council prepare a draft Planning Proposal to amend Byron Local Environmental
Plan 2014 to insert a clause permitting function centres with consent in zones
RU1 and RU2, subject to a range of controls which will manage impacts on
existing residents.
(Spooner/Hunter)
The amendment was put to the vote and declared lost.
Crs Hackett, Spooner and Hunter voted in favour of the
amendment.
Crs Coorey, Martin, Lyon, Ndiaye, Richardson and Cameron
voted against the amendment.
The motion was put to the vote and declared carried.
Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron and
Hackett voted in favour of the motion.
Crs Spooner and Hunter voted against the motion.
The meeting adjourned at 4.14pm and reconvened at 4.37pm.
|
|
Report No. 13.15 PLANNING
- 26.2017.5.1 and 26.2017.6.1 Byron Bay Town Centre Masterplan Implementation
- Planning Proposals
File No: I2017/1499
|
|
17-595
|
Resolved that this matter
rest on the table. (Richardson/Lyon)
The motion was put to the vote and declared carried.
|
|
|
Procedural
Motion
|
|
17-596
|
Resolved that Cr Ndiaye be granted a two minute extension
to her speech. (Richardson/Martin)
The motion was put to the vote and declared carried.
|
|
|
Report No. 13.17 PLANNING
- 26.2017.4.1 - Planning Proposal for Rezoning and Reclassifying Part Lot 22
DP 1073165 Mullumbimby
File No: I2017/1528
|
|
17-597
|
Resolved that Council:
1. Agree
to initiate the planning proposal to amend Byron LEP 2014 (Attachment 1) for
the reasons outlined in this report.
2. Forward
the planning proposal to the NSW Department of Planning and Environment for a
Gateway determination.
3. Agree
that staff can proceed to public exhibition of the planning proposal and
government agency consultation based on the Gateway determination issued by
the NSW Department of Planning and Environment, and report back to Council as
part of post-exhibition reporting. (Spooner/Richardson)
The motion was put to the vote and declared carried.
Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron,
Hackett, Spooner and Hunter voted in favour of the motion.
No Councillors voted against the motion.
|
|
|
Procedural
Motion
|
|
17-598
|
Resolved that Report No. 13.15 be lifted from the table. (Richardson/Lyon)
The motion was put to the vote and declared carried.
|
|
|
Report No. 13.15 PLANNING
- 26.2017.5.1 and 26.2017.6.1 Byron Bay Town Centre Masterplan Implementation
- Planning Proposals
File No: I2017/1499
|
|
17-599
|
Resolved:
1. That Planning Proposal 26.2017.5.1 (excluding that part relating
to the Butler Street Reserve) be approved by Council to proceed to gateway
determination and for public exhibition.
2. That
the balance of Planning Proposal 26.2017.5.1 (relating to the Butler Street
Reserve) and Planning Proposal 26.2017.6.1 be deferred for public
consultation including the following:
a) conducting
community information sessions and collating feedback.
b) issuing
a media release and Council website post at least two weeks prior to the
first information session to advise the community of the planning proposals
with notice of all information sessions.
3. That
following completion of the information sessions and other community
consultation, a report be received by Council, no later than the March
Ordinary meeting, with a review of the community meetings and consultation. (Ndiaye/Richardson)
The motion was put to the vote and declared carried.
Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Hackett,
Spooner and Hunter voted in favour of the motion.
Cr Cameron voted against the motion.
|
|
|
Report No. 13.18 Report
of the Planning Review Committee Meeting held on 19 October, 2017
File No: I2017/1536
|
|
17-600
|
Resolved that Development
Application 10.2017.516.1 be determined by Council.
(Cameron/Richardson)
The motion was put to the vote and declared carried.
Cr Hunter voted against the motion.
|
|
|
Report No. 13.21 PLANNING
- Resolution 17-260 Expression of Interest Land for Affordable Housing Update
File No: I2017/1569
|
|
17-601
|
Resolved:
1. That
council adopt recommendations 1.(a) – 1.(p) for the Expression of
Interest sites and Resolution 17-260 ‘Attachment 1’ sites, as
contained in Table 1 of this report; and that those category 1 sites
recommended for exclusion be reviewed at a SPW for further consideration;
2. That
Council require any further work to establish the feasibility of the
supported sites in Table 1 of this report to be consistent with the Supporting
Partnership Policy, as adopted by Council;
3. That
Council in relation to the Saddle Road EOI sites, no further action is to be
taken under Res 17-260 (Item 5) until the Planning Proposal assessment for
this locality has been completed and considered by Council in December;
4. That in relation to the
Council and Crown land EOI sites a further report will be presented to
Council on their potential for affordable housing against the assessment
criteria and methodology outlined in this report and any current Council
resolutions pertaining to the land.
(Coorey/Ndiaye)
|
|
|
Procedural
Motion
|
|
17-602
|
Resolved that
Cr Richardson be granted a two minute extension to his speech. (Coorey/Ndiaye)
The motion was put to the vote and declared carried.
|
The motion (Coorey/Ndiaye) was put to the vote and
declared carried.
Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron,
Hackett, Spooner and Hunter voted in favour of the motion.
No Councillors voted against the motion.
|
|
Procedural
Motion
|
|
17-603
|
Resolved that Council
change the order of business to deal with Item 9.1 next on the Agenda. (Richardson/Ndiaye)
The motion was put to the vote and declared carried.
|
NOTiceS
OF MOTION
|
|
Notice of Motion No. 9.1 Parking
Permit Fee
File No: I2017/1721
|
|
17-604
|
Resolved:
1. That
Council hold the current pay parking permit fees and administrative charges
at their current rates as follows for a period of three years:
a) The
Shire resident or ratepayer exemption permit at $55.00;
b) The
non-shire resident worker/volunteer exemption at $110.00.
2. That
after this period of three years above these fees and charges revert to their
CPI indexing.
3. That
residents of Clunes, Newrybar, Rosebank, Nashua, Brooklet and Booyong and
Repentance Creek be included into the residents exemption for paid parking in
Byron Shire.
(Lyon/Richardson)
|
AMENDMENT
Moved:
1. That
Council change the current pay parking permit fees and administrative charges
to the following for a period of three years:
a) The
Shire resident or ratepayer exemption permit at $50.00;
b) The
non-shire resident worker/volunteer exemption at $100.00.
2. That
after this period of three years above these fees and charges revert to their
CPI indexing.
3. That
residents of Clunes, Newrybar, Rosebank, Nashua, Brooklet and Booyong and
Repentance Creek be included into the residents exemption for paid parking in
Byron Shire.
(Ndiaye/Coorey)
The amendment was put to the vote and declared lost.
Crs Martin, Lyon, Richardson, Cameron, Hackett, Spooner
and Hunter voted against the amendment.
The motion was put to the vote and declared carried.
Cr Hunter voted against the motion.
|
|
Procedural Motion
|
|
17-605
|
Resolved that the remaining Agenda items listed below be
deferred to an Extraordinary Meeting to be held on 28 November 2017 at 4.00pm.
Notices of Motion
9.3 Compliance -
Belongil and Brunswick Dunes
9.4 Biosecurity
9.6 Instant Hotel TV
Show
Petitions
10.2 No Paid Parking in Brunswick
Heads
And: Petitions to be tabled
Submissions and Grants
11.1 Byron Shire Council
Submissions and Grants as at 1 November 2017
Staff Reports
13.1 Review of Natural Disaster
Response Protocols
13.2 Meeting Schedule 2018
13.8 Audit, Risk and Improvement
Committee Membership
13.11 North Byron Parklands Regulatory
Working Group - Community Representatives
13.20 Biodiversity Conservation Strategy
Update
13.22 PLANNING - 10.2017.360.1 Rural Tourist
Accommodation Comprising Four (4) Cabins at 75 Rifle Range Road, Bangalow
13.23 PLANNING - 10.2017.270.1 Multi dwelling
housing comprising eight (8) dwellings, Strata Title subdivision to create
eight (8) Strata Lots and Common Property and Tree Removal (17 trees) at 6
and 6A Canowindra Court South Golden Beach
13.24 PLANNING - Site-specific Planning
Proposals considered as part of the Rural Land Use Strategy process
13.25 Further update on Resolution 17-191
Secondary Dwelling Conditions
13.26 Review of the Biodiversity and
Sustainability Panel
13.31 Former Mullumbimby Hospital -
Contamination Review
13.33 Tree Removals Railway Park Byron Bay
13.34 Bangalow STP Membrane Replacement
Confidential Report
16.2 Confidential - Council Tender for the Multi Use of Byron
Shire Rail Corridor
(Richardson/Lyon)
The motion was put to the vote and declared carried.
|
Questions
With Notice
|
|
Question With Notice No. 15.1 Lot
2 DP 445771 Coopers Lane West
File No: I2017/1662
|
|
|
At Council’s
Ordinary Meeting held on 26 October 2017, Duncan Dey asked the following
question which was taken on notice:
“Has the current owner and has a prospective buyer
of this property been given an indication that the two unapproved dwellings
(for which an Order to Demolish was issued in June 2017 for execution in July)
need now not be demolished and, if so, why?”
Response Director Sustainable Environment and
Economy:
The Order to demolish was withdrawn as result of the owner
entering into an undertaking to cease use of the dwellings and to progress a
development application (DA) for their authorisation. There is a current
Order in place to cease use of the dwellings that remains in place until a DA
has been submitted and determined. The dwellings in the meantime have
been vacated. The Order remains on the property even if the property is
sold. The property owner, prospective purchasers and the sales agent
are aware of the Order.
|
|
|
Question With Notice No. 15.2 Sand
Quarry
File No: I2017/1663
|
|
|
At Council’s
Ordinary Meeting held on 26 October 2017, Matthew O’Reilly asked the
following question which was taken on notice:
“Why has Byron
Council failed to take enforcement action, impose significant fines and make
an order to undertake full rehabilitation over the illegal unauthorised Sand
Quarry at 150 Tandy’s lane, beyond gaining an undertaking from the
developer that they will not take any more sand from the quarry in the future
and what are the circumstances by which Council has allowed this sand
obtained illegally for substantial commercial benefit to remain on the
Myocum site and not have it returned to the Tandy’s lane quarry site
where it was illegally obtained.”
Response Director Sustainable Environment and
Economy:
The present owner of the land comprising Wilson’s
sand quarry at 150 Tandys Lane Brunswick Heads inherited an existing lease
agreement over the quarry. That lease agreement permitted a third party, with
no interest in the land, to extract sand from the quarry. Therefore the land
owner had no authority to have the quarry closed.
In April 2016 the land owner and his planning consultant
sought advice from Council about closure of the quarry. At that time Council
had reason to believe the quarry was being operated in accordance with
continuing use rights which Council assessed to be a significant argument to
be considered in any proposed enforcement action under the Environmental
Planning and Assessment Act.
Council continued to carry out surveillance of the quarry.
As a result of a further complaint in October 2016 Council
had reason to issue a proposed Protection of the Environment Operations Act
Prevention Notice upon the operator of the quarry on 9 November 2016. After
negotiations with the quarry operator Council was able to successfully
facilitate closure of the quarry in January 2017 without the need for any
enforcement action or litigation.
The quarry pit has been reshaped and the land owner has
had discussions with Council about rehabilitation of the site, including
establishment of a natural wetland. Council was not in a position to use the
Environmental Planning and Assessment Act as a means of ordering
rehabilitation of the quarry or the taking of punitive enforcement action.
Council has investigated the Myocum Road premises and is
not in the possession of evidence to establish that a concrete batching plant
or other similar type of business is unlawfully operating from those
premises.
|
|
|
Question With Notice No. 15.3 Dangerous
Dogs
File No: I2017/1664
|
|
|
At Council’s
Ordinary Meeting held on 26 October 2017, Angela Dunlop asked the following
question which was taken on notice:
“Given that council’s compliance priority
program identifies dangerous dogs as a very high priority and given the
recent spate of reported dog attacks in our shire why do compliance staff not
have the common courtesy to acknowledge victims of attacks or indeed provide
an update of punitive actions taken regarding dogs and their owners in
response to the attacks. I am referring to actual, not alleged, incidents
where photographic evidence was supplied to staff and where a dog owner
admitted that his dog had indeed been involved in menacing a person. In fact,
I have been attacked in three separate incidents in the past six months in
South Golden Beach and New Brighton. Does one have to be hospitalised before
these aggressive dogs are taken off our streets, parks and beaches? I am
aware of many attacks that have gone unreported to council and is it any
wonder, as many people do not have the faith that staff will follow through
on their mandate to protect residents of our shire. One only has to cross our
shire’s boundaries into Tweed and Ballina shires to see that unleashed
and roaming dogs are a rarity, as they are, in most developed countries
throughout the world, yet in Byron shire they abound. Why is that so? Surely,
it’s time that all breaches of the Companion Animals Act were seriously
enforced. A firm message needs to be sent to those who routinely and
flagrantly breach these regulations. When will uncontrolled and aggressive
dogs finally be given the highest of compliance priorities so that our
community can rightfully and fearlessly reclaim our streets, parks and
beaches?”
Response Director Sustainable Environment and
Economy:
Council’s Enforcement Team takes dangerous dogs and
dog attacks as a serious matter and responds to all reported incidents as a
high priority. This includes attacks of other animals as well as
attacks of persons. There is no requirement for a victim to be
hospitalised for Council to prioritise an incident.
Three recent examples of Council’s approach to dog
attacks are as follows:
On 15 August 2017, Council received notification that a
dog attack of another animal had occurred in Federal. The complainant
had not obtained the name or address of the dog owner but gave a description
of the person to Council staff. As a result of enquiries by
Council’s Animal and Enforcement Support Officer a male person was
identified as the offender and as being in charge of a declared menacing dog
at the time of the attack. The male person was issued a Court
Attendance Notice for being in charge of a menacing dog which attacks and
bites an animal. The owner of the declared menacing dog was issued a
Court Attendance Notice for failing to comply with menacing dog requirements
– i.e. no muzzle, no collar and not under effective control. Both
matters were listed for a hearing at Mullumbimby Local Court were the two
offenders both entered pleas of guilty. The Court gave the owner of the
menacing dog a Section 10 and no monetary penalty. The person in charge
of the menacing dog at the time of the attack was fined $1,000, costs of $500
and ordered to pay the veterinary expenses of the victim. Council wrote
to the victim informing them of the Court Order and outlining the process to
obtain the relevant funds. If Council had issued fines in relation to
the offences, it is likely they would have been greater than those issued by
the Court. However, as this matter related to an attack by a menacing
dog, the legislation required the matter to go before the Local Court.
On 28 September 2017, Council received notification that a
dog attack of other animal had occurred at Mullumbimby Creek. Council
identified and located the owner of the offending dog. Council
identified that the dog had been declared menacing by Lismore Shire
Council. The dog was seized by Council staff and held at Council’s
pound until the dog was surrendered by its owner. The dog was
euthanized on 5 October 2017. The owner was issued a fine of over
$1,300 for failing to comply with menacing dog control requirements.
During this process the complainant was informed of all steps taken by
Council staff. The complainant and another person advised Council, in
writing, that they were very happy with the outcome.
On 29 September 2017, a female tourist was attacked by a
dog on New Brighton Beach. The victim of the attack reported the incident
to the police who forwarded the job to Council. Council contacted the
victim who provided descriptions of the dog but was unable to
identify/describe the dog owner. Despite this, Council’s Animal
and Enforcement Support Officer investigated the incident and identified the
owner. The owner initially denied involvement in the incident but
further steps by Council’s Animal and Enforcement Support Officer
resulted in the owner providing a full statement to Council and an intention
to fully compensate the victim. The victim was updated on each step of
the investigation – she was visited in person by Council staff on at
least four occasions and spoken to via telephone by Council staff on at least
eight occasions. The victim requested the full details of the dog owner
and was provided with those details by Council so that she could pursue civil
action. Council issued an Intention to Declare the dog Menacing in NSW
and the owner was issued with fines of over $1,600. Local police and
the victim have advised Council, in writing that they are very happy with the
outcome and the support that Council provided during the investigation.
The actions by Council resulted in the dog owner being fined more than recent
Court decisions and in the dog being subject to future control requirements
to ensure safety of the community.
Since 1 January 2017, Council have responded to 48
dog attacks, 437 complaints of nuisance dogs/barking dogs, 8 complaints of
nuisance dogs/unrestrained dogs, 177 missing dogs that were located and 10
miscellaneous dog complaints. During this period Council’s two Animal
and Enforcement Support Officers have also undertaken 137 patrols of off-lead
and on-lead dog exercise areas within the Shire.
Between 1 January 2017 and 31 October 2017, the
following fines were issued by Council in relation to dogs:
Seven fines for dog not wearing collar
tag
Seventeen fines for dog not under effective control in
public place
Two fines for greyhound not muzzled in public place
Five fines for dog not under control in prohibited place
Seven fines for failing to prevent dog from escaping
Twenty-six fines for failing to register dog
Seven fines for failing to comply with a nuisance order
Six fines for dog rushes/attacks
One fine for dangerous/menacing dog not under control
One fine for failing to comply with menacing dog
requirements
Five warning notices in relation to dogs and over 100
verbal warnings relating to dogs off-lead (educational) were also given during
this period.
Education is also a key component of the work that the
team undertakes. A current initiative with regard to responsible pet
ownership is the school calendar colouring competition which will result in
the calendars printed and available free of charge at a range of places
around the Shire including libraries. It will be a year-long reminder
about the importance of being a responsible pet owner. See http://www.byron.nsw.gov.au/responsible-pet-ownership
Further to the above, the team has been contacted recently
by other councils about our policies and processes (operating procedures)
about dogs, as they see Byron as a exemplar council given work loads and
resourcing. Staff are to be commended in this regard.
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|
|
Question With Notice No. 15.4 Byron
Bypass
File No: I2017/1665
|
|
|
At Council’s
Ordinary Meeting held on 26 October 2017, John Anderson asked the following question
which was taken on notice:
“Given the stringent conditions attached to the
Court’s approval of the wetlands portion of the Byron Bypass;
i. What
is Council’s latest estimate of the total cost of the project and the
timeline for completion;
ii. What
processes must Council follow in assessing the Butler Street portion of the
Bypass in terms of a Part V Application? (SEPP); and,
iii. Who is
to prepare the application and take the final determination?”
Response Director Infrastructure Services:
What is Council's latest estimate of the total
cost of the project and the timeline for completion
The latest cost estimate for total project cost is $22.5
million.
Completion of the project will be subject to obtaining
additional funding. The timing for additional funding is unknown.
What processes must Council follow in assessing
the Butler Street portion of the Bypass in terms of a Part V Application?
(SEPP)
The key requirements for an application under Part 5 of
the Environmental Planning and Assessment Act 1979 (EPA Act)
are that a determining authority is to examine and take into account to
the fullest extent possible all matters affecting or likely to affect the
environment by reason of an activity. The examination and account of those
matters takes the following form:
1. A
written assessment, known as a "Review of Environmental Factors" (REF),
is undertaken. The REF has been prepared by GHD.
2. The
REF is the document that records the examination and account of effects of
the environment under Part 5 of the EPA Act. The REF considers the following
matters (in summary only):
a. An assessment of
whether there is likely to be a significant effect on the environment
(including critical habitat) or threatened species, populations or ecological
communities, or their habitats (section 112 of the EPA Act). If so, an
Environmental Impact Statement (EIS) is required. In respect of the
REF prepared for the Butler Street portion, it has been determined that there
is not likely to be a significant effect on the environment and as such it
has been determined that an EIS is not required.
b. The REF examines and takes into account to the
fullest extent possible all matters affecting or likely to affect the
environment by reason of the Butler Street portion of the bypass (section 111
of the EPA Act).
c. The REF considers
a list of prescribed factors which must be considered in determining the
impact of a proposal on the environment, as set out in clause 228 of the
Environmental Planning and Assessment Regulation 2000 (EPA Regulation).
3. In
light of these matters and requirements, the REF considers a broad range of
matters in respect of the Butler street portion of the bypass, including
acoustic impacts, proposed acoustic measures, associated heritage
considerations, community submissions in respect of the proposed bypass,
landscape character, visual impacts, social and amenity impacts.
Who is to prepare the application and make the
final determination?
The REF has been prepared by GHD.
For the purposes of Part 5 of the EPA Act, Council as the
proponent of the activity is the "determining authority" with
respect to the carrying out of the Butler Street portion of the bypass.
Council is required to determine whether the requirements of Part 5 of the
EPA Act have been satisfied having regard to the assessment carried out in
the REF.
Some discrete parts of the Butler Street proposal require
separate approvals from the Heritage Council and the RMS.
In those circumstances RMS and the Heritage Council also
fit within the definition of "determining authorities" for the
assessment under Part 5 of the EPA Act. For example, the Heritage Council
becomes a "determining authority" under Part 5 of the EPA Act when
assessing the application for approval under section 57 of the Heritage
Act 1977, which relates to works within the curtilage of the Byron
Railway Station and yard group, which is listed on the State Heritage
Register.
Although RMS and the Heritage Council fall within the
definition of "determining authorities", there is an exception that
applies to the application of Part 5 given that Council has already
undertaken the REF.
Section 110E(c) of the EPA Act provides that determining authorities are not subject to the key
requirements of Part 5 of the EPA Act (sections 111 and 112) if an activity
has been approved, or is to be carried out, by another determining authority
(in this case, Council) after environmental assessment has already occurred
under Part 5. RMS and the Heritage Council are likely to decide that
section 110E(c) applies to its assessment such that they are not required to
make a separate assessment under Part 5.
|
The meeting closed at 6.10pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 14 December 2017.
….…………………………
Mayor Simon Richardson
