BYRON SHIRE COUNCIL

Ordinary Meeting

 

Publicbsc_logo_150dpi_rgb ATTACHMENTS

EXCLUDED FROM THE

Ordinary Meeting AGENDA

OF 24 May 2018

 

9.    Notices of Motion

9.4     Esplanade Laneway, New Brighton

Attachment 1... Esplanade Laneway NoM Attachment...................................................... 4

9.5     Clay Heath Restoration Project Stakeholder Concerns

Attachment 1... Baker 2010 Clay Heath Restoration Management Plan......................... 10

Attachment 2... Pacific Vista Drive Planting Proposal.................................................... 112

Attachment 3... Letter of support Pacific Vista weed control.......................................... 118  

11.  Submissions and Grants

11.1   Byron Shire Council Grants and Submissions as at 7 May 2018

Attachment 1... BSC Grants and Submissions as at 7 May for 24 May Ordinary Meeting 119

Attachment 2... Stronger Country Communities Fund Round 2 Supplementary Register May 2018............................................................................................................... 122       

 

13.  Staff Reports

Corporate and Community Services

13.1   Council Resolutions Quarterly Review - 1 January 2018 to 31 March 2018

Attachment 1... Active Resolutions as at 31 March 2018............................................... 128

Attachment 2... 1 January 2018 - 31 March 2018 Completed Resolutions Report ....... 240

13.5   Minutes of Public Art Panel meeting held 26 April 2018

Attachment 1... Larc Collective - Byron Bike Rack Project winners - Happy Hoops public art proposal.................................................................................................. 400

Attachment 2... Draft Memorandum of Understanding: Public Art Partnership between Council and Creative Mullumbimby........................................................................... 409

13.7   Budget Review 1 January 2018 to 31 March 2018

Attachment 1... Budget Variations for General, Water and Sewerage Funds................ 413

Attachment 2... Itemised Listing of Budget Variations for General, Water and Sewerage Funds   490

Attachment 3... Integrated Planning and Reporting Framework (IP&R) required Quarterly Review Statement............................................................................................... 506

Sustainable Environment and Economy

13.10 Minutes of the Heritage Panel Meeting 29 March 2018

Attachment 1... Minutes of Heritage Panel Meeting held 29 March 2018...................... 522

13.12 PLANNING - Development Application 10.2017.280.1 Development Application for Alterations and Additions to existing building including, construction of basement car park, Restaurant at ground level (including cellar bar and sandwich bar), and two self contained Motel or Hotel Accommodation units at first floor level at 32-34 Byron Street Bangalow

Attachment 1... Plans prepared by Bureau SRH Architecture....................................... 525

Attachment 2... Heritage Assessment dated 18 July 2017 ............................................ 537

Attachment 3... Proposed conditions of consent 10.2017.280.1..................................... 546

Attachment 4... submissions received 10.2017.280.1..................................................... 558

13.13 Final Bangalow and Mullumbimby Movement Strategies - for incorporation into Bangalow and Mullumbimby Place Plans

Attachment 1... Bangalow Movement Strategy & Implementation Plan........................ 566

Attachment 2... Mullumbimby Movement Strategy & Implementation Plan.................. 646

13.14 Update - Resolution 18-266 The Terrace Reserve Holiday Park, Brunswick Heads 

Attachment 1... Arboricultural Impact Assessment prepared by Arborsafe................... 742

Attachment 2... Ecological considerations of vegetation management Terrace Holiday Park: Southern Precinct.................................................................................. 779

13.15 PLANNING - Development Application 10.2017.460.1 - Utility Installation: Telecommunication Tower at 54 Jones Road Wooyung 

Attachment 1... Proposed Plans 10.2017.460.1.............................................................. 836

Attachment 2... Site Selection Process, Co-location Opportunities and Alternate Candidates       839

Attachment 4... Conditions of consent 10.2017.460.1.................................................... 846

Attachment 5... submissions received 10.2017.460.1..................................................... 850

13.16 PLANNING - Submissions Report - 26.2017.5.1 - Planning Proposal to activate the Rail Corridor in Byron Town Centre

Attachment 1... Attachment 1 submissions redacted...................................................... 860

Attachment 2... Attachment 2 State Agency Submissions............................................. 869

Attachment 3... Attachment 3 - Planning Proposal BBTC Additional permitted uses - v4 - post exhibition version with appendices........................................................ 875

Infrastructure Services

13.18 Clarkes Beach Stormwater and Gully Rehabilitation Works  - update

Attachment 1... Ardill Payne engineering design Clarkes Beach Stormwater Protection Design v2 - PG-SW01............................................................................................. 1222

Attachment 2... Ardill Payne engineering design Clarkes Beach Stormwater Protection Design v2-PG-SW01 - 2....................................................................................... 1223

Attachment 3... Clarkes Beach stormwater engineering design landscape architect interpretation - low beach level.................................................................................... 1224

Attachment 4... Letter from National Parks and Wildlife Service to Council regarding stormwater impacts at Clarkes Beach.................................................................... 1225

Attachment 5... Lighthouse Road Proposed Upgrade to Drainage SMEC Design 2007 FINAL.pdf............................................................................................................. 1227

13.19 Mullumbimby Leagues Club Amenities Facility Section 64 Contribution

Attachment 1... Council Report - Waiving of s64 Charges - Mullumbimby Rugby Leagues Club............................................................................................................. 1241

Attachment 2... Supporting Documents from Barry Stenner re Exemption Development Contribution for Mullumbimby Leagues Club received on 8 May 2018 (attachment to Council Report I2018/802)............................................................... 1245

13.20 Grays Lane Upgrade Status Update

Attachment 1... 24.2015.20.1 Grays Lane Upgrade Review of Environmental Factors REF (Geolink).............................................................................................. 1273

Attachment 2... 24.2015.20.1 Grays Lane Upgrade Preliminary Road Works Plans... 1394

Attachment 3... Grays Lane Upgrade Options Overview Table For Council Report 24 May 2018............................................................................................................. 1397

13.21 Compulsory acquisition Lot 11 in DP 1239057 Main Arm proposed extension to Main Arm Rural Fire Brigade Station

Attachment 1... Report to Ordinary Meeting 20/3/2014 Compulsory acquisition part Crown public road R755687 Main Arm proposed extension to Main Arm Rural Fire Brigade Station.................................................................................................. 1398

Attachment 2... Deposited plan DP1239057 plan......................................................... 1407

13.22 Tweed Street Master Plan Status Update

Attachment 1... 24.2008.68.1 Tweed Street Master Plan Options Report - Public Consultation Draft............................................................................................................. 1410           

14.  Reports of Committees   

Sustainable Environment and Economy

14.1   Report of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 26 April 2018

Attachment 1... Minutes 26/04/2018 Sustainability and Emissions Reduction Advisory Committee............................................................................................................. 1544

14.2   Report of the Biodiversity Advisory Committee Meeting held on 30 April 2018

Attachment 1... Minutes 30/04/2018 Biodiversity Advisory Committee........................ 1548

Infrastructure Services

14.3   Report of the Transport and Infrastructure Advisory Committee Meeting held on 20 April 2018

Attachment 1... Minutes 20/04/2018 Transport and Infrastructure Advisory Committee Extraordinary....................................................................................... 1550    

15.  Questions With Notice

15.3   Brunswick Valley STP Monitoring Point 5

Attachment 1... BVSTP Flows Jan 31 to 4 May 2018.................................................. 1553   


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                9.4 - Attachment 1

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Notices of Motion                                                                                                9.5 - Attachment 1

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BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                          9.5 - Attachment 1

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BYRON SHIRE COUNCIL

Notices of Motion                                                                                                9.5 - Attachment 1

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BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                          9.5 - Attachment 1

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BYRON SHIRE COUNCIL

Notices of Motion                                                                                                9.5 - Attachment 1

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BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                          9.5 - Attachment 1

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BYRON SHIRE COUNCIL

Notices of Motion                                                                                                9.5 - Attachment 1

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BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                          9.5 - Attachment 1

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BYRON SHIRE COUNCIL

Notices of Motion                                                                                                9.5 - Attachment 1

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BYRON SHIRE COUNCIL

Notices of Motion                                                                                                9.5 - Attachment 2

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Notices of Motion                                                                                                          9.5 - Attachment 3

 

BSC File No:  #E2017/11474

Your ref: 

Contact:  Andy Erskine

 

16 February 2017

 

 

 

 

 

 

Dr Andy Baker

PO Box 1172

Mullumbimby

NSW 2482

 

 

 

 

Dear Andy

 

Proposed Planting & Tree Removal Pacific Vista Drive Byron Bay

Thanks for your proposal to treat weeds and remove undesirable trees on the western edge of the Clay Heath reserve found at Pacific Vista. Council fully endorses the initiative and complementary planting.

Council is committed to provide assistance across the broader areas of Clay Heath through weed control and hazard reduction but unfortunately are unable to fund the proposed works on this edge of Pacific Vista at the present time due to competing priorities.

 

 

Yours sincerely

 

 

 

Michael Matthews

Manager Open Space & Resource Recovery

 

 

 

 

 


BYRON SHIRE COUNCIL

Submissions and Grants                                                                                                             11.1 - Attachment 1

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Submissions and Grants                                                                                                             11.1 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                         13.1 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                         13.1 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.5 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services         13.5 - Attachment 2

 

 

 

 

 

Memorandum of Understanding: Public Art Partnership

 

 

 

 

 

 

Byron Shire Council

 

 

and

 

 

Creative Mullumbimby Inc

 

 


 

1.   Memorandum of Understanding

 

 

Date:

 

 

Parties:

 

Byron Shire Council (ABN:14 472 131 473)                                   (Council)

 

 

Creative Mullumbimby Incorporated (ABN:                          (Creative Mullumbimby)

 

Recitals:

 

1.1     The parties have entered this Memorandum of Understanding (MOU) to record their intentions regarding a public art partnership.

 

1.2     Council will provide assistance and support to Creative Mullumbimby to undertake their activities.

 

1.3     Creative Mullumbimby will strengthen the momentum for public art in Mullumbimby.

 

1.4     The intentions evidenced by this document is not intended by the parties to be binding on them. Rather, it represents the basis for their cooperation.

 

 

2.   Background to the Agreement

 

2.1       Byron Shire Council have supported the Mullumbimby Sculpture Walk during its development and inception with the launch of the Gateway Sculpture.

 

The Public Art Strategy recommends that Council strengthen its relationship with community organisations specifically committed to public art in the Shire. “Formalising community partnerships through a Memorandum of Understanding will:

 

1.   Create synergies and strengthen the momentum for public art across the Shire.

 

2.   Provide the Public Art Panel with a stronger facilitation role. Early involvement by the Panel in public art projects initiated by the community will produce better outcomes.

 

3.   Provide partner organisations with Council endorsement in their search for funds through grants, donations, and sponsorships from private sources, without having to continually go back to Council for letters of support etc.” (p33)

 

 

2.2     The mission of Creative Mullumbimby is:

 

·    To initiate and assist individual creative art projects

·    Manage community art and installations

·    Appreciate existing built space, infrastructure and history

·    Liaise and engage with other community groups and government agencies

·    Develop strategy and influence policy to enhance a creative Mullumbimby.

 

 

3.   Agreement of the parties

 

3.1     Creative Mullumbimby’s role and responsibilities

 

Creative Mullumbimby agrees to:

 

1.   Launch the REVIVE sculpture, which was commissioned in 2017 as the second sculpture in the Mullumbimby Sculpture Walk. This will include a media launch of the sculpture and the program as outlined below.

 

2.   Commission and manage sculpture projects on the Mullumbimby Sculpture Walk according to the DA 10.2014.248.1.

 

3.   Facilitate a public art course in conjunction with Byron Community College entitled ‘Creating Public Art in Byron Shire’, scheduled for July 2018.

 

4.   Coordinate and produce Mullumbimby Community Sculpture Festival to be held in November 2018.

 

 

3.2     Council’s role and responsibilities

 

Council agrees:

 

1.   To work with the Public Art Panel to have selected members on a sub-committee to work with Creative Mullumbimby on their program as outlined above.

 

2.   That the sub-committee as described in 1 above:

 

a.   be involved in the selection panel for commissioned sculptures for the Mullumbimby Sculpture Walk

b.   Be involved in the selection panel for sculptures for the Mullumbimby Sculpture Festival

c.   Provide a liaison point between the parties to this agreement, providing feedback and advice with regard to public art activities where relevant.

 

recognising that the Pubic Art Panel members are bound by Council’s Code of Conduct as committee members and do not have any delegated functions of Council to make decisions, ie they play a role in an advisory capacity to Council only, they cannot approve or endorse any public art or activities related to public art on public land.

 

3.   That the minutes of each parties meetings be provided to each other as a means of keeping communication lines open

 

4.   To work with Creative Mullumbimby to identify appropriate speakers for the public art course in conjunction with Byron Community College entitled ‘Creating Public Art in Byron Shire’, scheduled for July 2018.

 

5.   That Council’s Events Liaison Officer will provide support to Creative Mullumbimby to stage the Mullumbimby Community Sculpture Festival.

 

 

4.   Legal effect of this document

 

4.1     Not legally binding.

 

This document is not legally binding.

 

4.2     Term of Agreement

 

This agreement will commence on the date it has been signed by both parties and will dissolve at the earliest on 31 December 2019 or earlier if agreed in writing by the parties.

 

 

Executed as an agreement:

 

 

BYRON SHIRE COUNCIL

Authorised Representative

 

 

 

 

_______________________________              __________________________

Signature                                                   Name

 

 

 

CREATIVE MULLUMBIMBY

Authorised Representative

 

 

 

 

 

 

________________________________            __________________________

Signature                                                   Name


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.7 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                         13.7 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.7 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.10 - Attachment 1

Minutes of Meeting

 

 

 

 

 

bsc_logo_150dpi_rgb

 

 

 

Heritage Panel Meeting

 

 

 

Venue

Conference Room, Station Street, Mullumbimby

Date

Thursday, 29 March 2018

Time

2.00pm

 

 

 

 

 

 

 


 

Minutes of the Heritage Panel Meeting held on Thursday, 29 March 2018

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PRESENT:   Cr B Cameron, Cr A Hunter, Cr J Martin, Cr Hackett

Staff:   Chris Larkin (Manager Sustainable  Development)

            Luke Munro (Planner)

Noreen Scott (Minute Taker)

 

Members:       Chris Cooney (Mullumbimby/Brunswick Valley Historical Society)
Don Osborne (Bangalow Historical Society)
Robyn Wright

 

Cr Cameron (Chair) opened the meeting at 2.08pm and acknowledged that the meeting was being held on Bundjalung Country.

 

Apologies:

 

Deborah Wray (Heritage Advisor), Shannon Burt (Director Sustainable Environment and Economy)

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

Robyn Wright declared a non-pecuniary interest in Report 4.1 Saddle Road Report and Don Osborne declared a non-pecuniary interest in Report 4.1 as a representative on the Bangalow A & I Hall Committee.

 

Adoption of Minutes from Previous Meetings

 

Committee Recommendation:

That the minutes of the Heritage Panel Meeting held on 2 November 2017 be confirmed.

(Cameron/Hunter)

The recommendation was put to the vote and declared carried.  

 

Business Arising from Previous Minutes

 

There was no business arising from previous minutes.

 

 

 

Staff Reports - Sustainable Environment and Economy

Report No. 4.1             Update on Heritage Matters

File No:                        I2018/430

 

Committee Recommendation:

Local Places Grants

 

1.       That the Heritage Panel note the report on the Local Places Heritage Grants, including advice that the 2018/19 grant round will be advertised shortly.

 

Review of the Heritage Conservation Areas in Byron Bay and Fact Sheets

 

2.       That the Heritage Panel note that a review of the Heritage Conservation Areas in Byron Bay Resolution 17-665 is dependent on future funding.

 

3.       That the Heritage Panel note and support the draft Heritage Fact sheets prepared to date as part of council’s heritage information resources.

 

Review Heritage Study

4.       That the Heritage Panel receive a report on funding options available including grants to support a review the heritage study, DCP and LEP.

Heritage Promotion

 

5.       That staff consider the following actions as a way to promote heritage during Heritage Week 2018 as follows:

 

·    a media release promoting heritage;

·    stories in local newspapers engagement with historical societies; and

·    heritage displays in Council’s foyer.

 

Saddle Road

 

6.       That the Heritage Panel notes the significance of the Saddle Road/McAuleys Lane, Myocum Road precinct and recommends it for inclusion in a future review of the Heritage Study and LEP including Aboriginal and European Heritage.

 

7.       Invite Council’s Heritage Advisor to the next Heritage Panel meeting.

(Osborne/Martin)

The recommendation was put to the vote and declared carried.

     

 

There being no further business the meeting concluded at 4.08pm.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.12 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.12 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                       13.12 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                       13.12 - Attachment 4

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Staff Reports - Sustainable Environment and Economy                                                 13.12 - Attachment 4

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Staff Reports - Sustainable Environment and Economy                       13.12 - Attachment 4

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Staff Reports - Sustainable Environment and Economy                       13.13 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.13 - Attachment 1

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Staff Reports - Sustainable Environment and Economy                       13.13 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.13 - Attachment 1

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Staff Reports - Sustainable Environment and Economy                       13.13 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.13 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                       13.13 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                                                 13.13 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                       13.13 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                                                 13.13 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                       13.13 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.13 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.14 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.14 - Attachment 1

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Staff Reports - Sustainable Environment and Economy                       13.14 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.14 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                       13.14 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                                                 13.14 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                       13.14 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.15 - Attachment 1

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Staff Reports - Sustainable Environment and Economy                       13.15 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                       13.15 - Attachment 4

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Staff Reports - Sustainable Environment and Economy                       13.15 - Attachment 5

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.16 - Attachment 1

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Staff Reports - Sustainable Environment and Economy                       13.16 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                       13.16 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.16 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.16 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.16 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                       13.16 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                                                 13.16 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                       13.16 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.16 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                       13.16 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                                                 13.16 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                       13.16 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                                                 13.16 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                       13.16 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                                                 13.16 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                       13.16 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                            13.18 - Attachment 1

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Staff Reports - Infrastructure Services                                                                            13.18 - Attachment 2

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Staff Reports - Infrastructure Services                                                 13.18 - Attachment 5

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Staff Reports - Infrastructure Services                                                                            13.18 - Attachment 5

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Staff Reports - Infrastructure Services                                                                            13.18 - Attachment 5

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Staff Reports - Infrastructure Services                                                 13.19 - Attachment 1

 

Report No. 1.

Waiving of s64 Charges - Mullumbimby Rugby League Club

Director:                      Infrastructure Services

Report Author:           Dean Baulch, Acting Manager - Utilities

File No:                        #E2014/70916

 

Theme:

 

Community Infrastructure, Section 64 Water and Sewer Developer Servicing Plans

Summary:

 

Council has advised that s64 contributions are due to be paid by the Mullumbimby Rugby League Football Club Limited (MRLFC) for charges levied under the Water Management Act applicable as a condition of consent for the subject development application 10.2013.310.1.

 

The DA proposes the construction of a detached amenities block for the approved primitive camping ground at the Mullumbimby Leagues Club football grounds.

 

The Mullumbimby Leagues Club has requested that Council waive this charge under Clause 2.1.5 of the Water Supply and Sewerage Developer Servicing Plans:

 

 

 

RECOMMENDATION:

 

That Council not waive the applicable s64 contributions due to be paid by the Mullumbimby Rugby League Club for DA 10.2013.310.1.

 

 


Report

Council has advised that $217,989.13 is due to be paid by the Mullumbimby Rugby League Football Club Limited (MRLFC) for charges levied under the Water Management Act applicable as a condition of consent for the subject development application 10.2013.310.1.

 

The DA proposes the construction of a detached amenities block for the approved primitive camping ground at the Mullumbimby Leagues Club football grounds.

 

The Mullumbimby Leagues Club has requested that Council waive this charge under Clause 2.1.5 of the Water Supply and Sewerage Developer Servicing Plans:

 

 

“Byron Shire Council may waive developer contributions where the proponent demonstrates to Council’s satisfaction that it is a non-profit and charitable organisation, which by virtue of carrying out such development, is considered to be making a significant and positive contribution to the community and is unable to recover the charge from the end user.”

 

 

The basis to the request from MRLFC for the waiving of the contribution is that it makes a significant and positive contribution to the wider community by providing sporting and recreational facilities to:

 

 

-     Mullumbimby Giants three senior teams (70-80 players)

-     Mullumbimby Junior Giants (170 players)

-     other codes, such as a six-a-side soccer competition (200 players), a touch football competition (200 players), and an Oztag competition (150 players)

-     senior and junior football players also train on Tuesdays and Thursdays

-     schools from around the district conduct sporting events and programs at the grounds throughout the year, such as touch football, rugby league and rugby union gala days

-     community groups also use the facilities for health promotion and awareness activities, such as Relay for life

 

 

Background

Currently the short term campers are using the football club change rooms and toilets as per conditions issued under DA10.2004.422.1 for 18 primitive camping sites.  These facilities are also used by the footballers.  It is desirable to provide the campers with separate amenities, closer to the camping ground and also to separate the children using the existing amenities from the campers in order to eliminate a perceived safety issue.

 

Existing Entitlements

The existing approved camping grounds 88.2007.1.1 (DM942287) does not have any entitlement to water or sewer equivalent tenements.  The Leagues Club has provided toilets and showers, but never paid s64 contributions for the additional load placed on the system under DA 10.2004.422.1 for 18 primitive camping sites.

 

What are primitive camping grounds - Primitive camping grounds (PCGs) are one type of camping ground covered by the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.  PCGs are lower key than conventional camping grounds.  The new Regulation does not require PCGs to have, for example, sealed roads, hot water or laundries.


From the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 - REG 132 Primitive camping grounds (2), the following conditions apply to a primitive camping ground:

 

         (e)     the camping ground must be provided with a water supply, toilet and refuse disposal                 facilities as specified in the approval for the camping ground,

 

 

Condition 15 of the original consent DA10.2004.422.1 for 18 sites states:

 

         "Access to amenities - all amenities (toilets, showers, cooking area, etc) are to be maintained   to a clean and healthy condition, and are to be available for the use of patrons at all times." 

 

 

Upon checking the 10.2004.422.1 - there is no record showing that the DA was referred to the Water & Sewer Department for assessment and no representative was included on the assessment panel that recommended approval conditions.

 

 

Proposed Development:

The construction of an additional amenities building is to remove the conflict of campers using shower / toilet facilities at the same time as sport field patrons, using ET Policy 13/005 the assessment is as follows:

 

 

Ref

CATEGORY

STANDARD

UNIT

Number proposed

WATER RATE ET

SEWER RATE ET

WATER ET

SEWER ET

12.8

Public Amenities Block (per shower)

Shower

9

0.40

0.63

3.6

5.67

12.9

Public Amenities Block (per WC)

WC

8

0.40

0.63

3.2

5.04

TOTAL

6.8

10.71

 

 

Note the assessment for 18 camping sites is:

Ref

CATEGORY

STANDARD

UNIT

Number existing

WATER RATE ET

SEWER RATE ET

WATER ET

SEWER ET

6.1

Camping Site

Site

18

0.50

0.63

9.0

11.34

 

 

The Water Management (General) Regulation 2011 Section 224 stipulates the development that may be subject to section 306 Water Management Act requirements.  The following kinds of development are prescribed as development to which that section applies:


(a)     the erection, enlargement or extension of a building or the placing or relocating of a building     on land,

(b)     the subdivision of land,

(c)     the change of use of land or of any building situated on the land.

 

 

Clearly, the Club is proposing to erect an additional building on the land which falls into sub-section (a) of the Regulations and, hence, is subject to Section 306 requirements.

 

 

Comment

Byron Rugby League Club had original approval from 1982 for their primitive camp grounds and also paid the applicable s64 in addition to the club.

 

In considering the application to waive the s64 charges, Council needs to assess Mullumbimby Leagues Club not-for-profit / charitable status and the contribution it makes to the community – what benefit does Council gain from the Club’s operation?

 

The Australian Charities and Non-for-profits Commission (http://www.acnc.gov.au/) currently lists twenty-three Mullumbimby organisations on its register, the Mullumbimby Leagues Club is not one of them.

 

Unlike Council, Mullumbimby Leagues Club Limited is not restricted in raising its fees to cover operational costs.  It is understood that Mullumbimby Leagues Club Limited is a registered business, including a restaurant, a bar, a gymnasium, a social golf course and a camping ground.  The point is that the Leagues Club is established to benefit the members, not the community at large.

 

 

Recommendation

In reviewing the development from a hydraulic loading perspective, similar existing development at the Byron Rugby Leagues Club, it is recommended not to waive the applicable s64 contributions.  However, Council needs to assess Mullumbimby Leagues Club current and continuing benefit to the local community.

 

 

Financial Implications

Council has issued a Section 306 requirement under the Water Management Act 2000 that $217,989.13 is due to be paid by the Mullumbimby Rugby League Football Club Limited (MRLFC) for charges levied under the Water Management Act 2000, applicable as a condition of consent for the subject development application 10.2013.310.1.

 

Should Council waive this charge, future developers under a new Developer Servicing Plan will be subsidising the new amenities facility for the Leagues Club.

 

 

Statutory and Policy Compliance Implications

The application of s64 contributions upon DA10.2013.310.1 has been consistent the Water Management Act 2000, Water Management (General) Regulation 2011, Council’s Water Supply and Sewerage Developer Servicing Plan’s and also the Equivalent Tenement Policy 13/005.

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                 13.19 - Attachment 2

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Staff Reports - Infrastructure Services                                                                            13.19 - Attachment 2

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Staff Reports - Infrastructure Services                                                 13.20 - Attachment 1

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Staff Reports - Infrastructure Services                                                                            13.20 - Attachment 1

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Staff Reports - Infrastructure Services                                                 13.20 - Attachment 1

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Staff Reports - Infrastructure Services                                                                            13.20 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                 13.20 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                            13.20 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                 13.20 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                            13.20 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                 13.20 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                            13.20 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                 13.20 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                            13.20 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                            13.20 - Attachment 3


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                 13.21 - Attachment 1

 

Report No. 1.

Acquisition part Crown public road R755687 Main Arm proposed extension to Main Arm Rural Fire Brigade Station

Director:                      Infrastructure Services

                                      Corporate and Community Services

Report Author:           Leslie Beardmore, Leasing and Licensing Coordinator

                                      Tony Nash, Manager Works

File No:                        #E2013/73811

 

Theme:

 

Emergency Services

Property, Procurements and Contract Services

 

Summary:

 

NSW Rural Fire Service is proposing an extension to the Main Arm Rural Fire Brigade Station to accommodate a new Category 1 tanker.  The Station is located on Council owned Community Land.

 

The proposed extension requires an encroachment on the adjacent eastern boundary onto Crown Reserve R755687 – a Crown public road.

 

Correspondence with NSW Trade and Investment Crown Lands Division, as landowners of R755687, confirms that Council should acquire the affected part of the Crown public road for the essential public purpose of emergency services.

 

The proposed compulsory acquisition is provided for in the Roads Act 1993 and will be processed in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.  It will automatically close the affected area of the Crown public road in accordance with the Roads Act 1993.

 

The first steps in the acquisition process were to have the proposed acquisition area surveyed and a valuation that references the appropriate clauses of that Act.  The survey and valuation have been undertaken.

 

This report seeks Council’s approval to proceed with the land acquisition.

 

 

RECOMMENDATION:

 

1.       That Council proceed compulsory acquisition in accordance with the Land Acquisition (Just Terms Compensation) Act and Section 177 of the Roads Act 1993, for part Crown public road part Reserve 755687 being part Lot 447 DP 257132 ( including all mines and minerals in the land) as identified in the draft plan at Annexure 4(c) #E2013/67385, subject to:

 

a)    agreement being reached to the satisfaction of both Council and Crown Lands on the amount of compensation payable;

b)    consent from Crown Lands for the acquisition; and

c)    approval from the Minister for Local Government and/or Governor for the acquisition.

 

2.       That Council authorise the General Manager to take the necessary steps to proceed with the land acquisition, including but not limited to:

 

a)    negotiate with Crown Lands regarding amount of compensation payable to reach agreement to the satisfaction of both Council and Crown Lands;

b)    seek consent from Crown Lands for the acquisition;

b)    apply to the Minister for Local Government to approve the giving of a proposed acquisition notice and/or make recommendation to the Governor to publish an acquisition notice by gazettal;

c)    affix the Council Seal to acquisition and land title documentation for the acquisition of part Lot 447 DP 257132, in accordance with Regulation 400 of the Local Government (General) Regulations 2005.

 

3.       That upon acquisition, Council resolve to classify the land as Community Land categorised as General Community Use – Community Facilities for the essential public purpose of emergency services.

 

 

Attachments:

 

·... Proposed extension #S2013/8477 [4 pages]..................................................................... Annexure 4(a)

·... Letter from Crown Lands Division #S2013/9828 [1 page]................................................... Annexure 4(b)

·... Draft plan #E2013/67385 [1 page].................................................................................... Annexure 4(c)

·    Assessment of compensation #E2013/73728 [47 pages]................................................... Annexure 4(d)

 

Annexure 4(d): Due to the size of this document it has been provided on the Councillors' Agenda CD only; an electronic copy can be viewed on Council's website and at community access points around the Shire.

 


Report

 

Land Information

Proposed land to be acquired:

Description:         Part Lot 447 DP 257132 Crown public road (Reserve 755687)

Address:              Main Arm Road, Main Arm

Owner:                 State of NSW (Crown Lands)

Name of Trust:    not applicable

Trust Manager:    not applicable

Purpose:              Crown public road

 

Existing land upon which Rural Fire Brigade Station is located:

Description:         Lot 1 DP 610487

Address:              Main Arm Road, Main Arm

Owner:                 Byron Shire Council

Classification:      Community Land 

Category:             General Community Use – Community Facilities

Zoning:                 1(a) hatched – general rural zone

POM:                   Generic Plan of Management for Community Land Categorised as General Community Use – Community Facilities #653083 adopted 24 February 2005

 

NSW Rural Fire Service holds a Service Level Agreement with Council for the use of Council owned Community Land at Main Arm Road, Main Arm upon which the Main Arm Rural Fire Brigade Station is located.

 

NSW Rural Fire Service is proposing an extension to the Main Arm Rural Fire Brigade Station to accommodate a new Category 1 tanker.  Their proposal is outlined at Annexure 4(a). The building extension will be funded by RFS and the Main Arm volunteer RFS brigade.

 

The proposed extension requires an encroachment area of approximately 104m2 (approximately 8 metres wide) on the adjacent eastern boundary onto Crown public road – part Reserve R755687.

 

Since early 2011 NSW Rural Fire Service has been in discussions with Council staff and NSW Trade and Investment Crown Lands Division (“Crown Lands”) to allow the NSW Rural Fire Service to expand the existing Main Arm Rural Fire Brigade Station.

 

Advice to Council from Crown Lands in September 2012 stated that Crown Lands considered it appropriate for Council to apply to close and purchase the affected part of the Crown public road.

 

Since that time, Crown Lands have reviewed their advice and in a letter dated 1 August 2013 (Annexure 4(b)) they advised that the best way to proceed at this time is for Council to acquire the affected part of the Crown public road for the essential public purpose of emergency services.  This method has the advantage of timeliness, and automatically closes the affected area of the Crown public road.

 

The proposed compulsory acquisition will be in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 and will automatically close the affected area of the Crown public road in accordance with the Roads Act 1993.

 

The first steps in the acquisition process were to have the proposed acquisition area surveyed and a valuation referencing the appropriate clauses of the Land Acquisition (Just Terms Compensation) Act 1991. 

 

Staff commissioned a draft plan and valuation (assessment of compensation) and these are attached at Annexure 4(c) and 4(d) respectively.  Making an allowance for a boundary buffer, the proposed land acquisition would be approximately 10 metres wide and 13 metres deep with an area of 129.7m2.

 

The proposed acquisition area is 129.7m2 of vacant land (with the exception of post and wire fencing to the Main Arm Road boundary).

 

The assessment of compensation has been determined on the basis that Council will attend to and bear the costs of acquisition.

 

The assessment of compensation should also be re-assessed upon becoming more than 3 months old.

 

When making an acquisition application to the Minister for Local Government, Council needs to decide what it wants to do about mines and minerals in the land and this must be clearly stated in its application.

 

The proposed land to be acquired is an unformed Crown Public Road.  Council is generally entitled to all minerals in the land acquired.

 

A formal search of the Register of Native Title Claims and National Native Title Register has been carried out for the Byron Shire Council Local Government Area.  The search results provided by the National Native Title Tribunal on 10 December 2013 show that the proposed land acquisition is not subject any claim.

 

Financial Implications

 

Costs to conduct the survey and valuation totalling $2,123.00 (including GST) have been met by the existing 2013/14 Budget.

 

There will be a further cost to have a plan of subdivision prepared by the surveyor to accompany the application for compulsory acquisition to the Minister for Local Government and (subject to Gazettal) registration at Land and Property Information, and related land rationalisation costs for lot amalgamation etc to the estimated value of $3,000.

 

The assessment of compensation under Section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 has been assessed at $3,500.00 (including GST) plus disturbance.

 

Estimated additional funding of $6,500 will be funded by Council from the Emergency Services financial sub programme within Infrastructure Services.

 

As already stated the costs of the building extension will be funded by RFS and the Main Arm volunteer RFS brigade.

 

Statutory and Policy Compliance Implications

 

Department of Local Government Guidelines for Compulsory Acquisition 2006

 

Land Acquisition (Just Terms Compensation) Act 1991 No 22

5        Acquisition of land to which Act applies

(1)     This Act applies to the acquisition of land (by agreement or compulsory process) by an authority of the State which is authorised to acquire the land by compulsory process.

(2)     This Act does not apply to any such acquisition if the land is available for public sale and the land is acquired by agreement.

(3)     Land is available for public sale if:

(a) the land is advertised by the owner as being available for sale, or

(b) the land is listed by the owner with a real estate agent as being available for sale, or

(c) the land is otherwise held out by the owner as being available for sale.

 

29      Acquisition of Crown land

(1)     Land may be compulsorily acquired by an authority of the State under this Act even though it is Crown land.

(2)     If Crown land is subject to a dedication or reservation that (by virtue of any Act) cannot be removed except by an Act, that land may not be compulsorily acquired. However, this prohibition does not apply if the dedication or reservation is not affected by the compulsory acquisition of the land.

(3)     Nothing in this Act affects the acquisition by agreement of Crown land by an authority of the State.

(4)     The provisions of Division 1 (Pre-acquisition procedures) and Part 3 (Compensation for acquisition of land) do not apply to the compulsory acquisition of Crown land if the owners of the land have agreed on all relevant matters concerning the compulsory acquisition and the compensation (if any) to be paid for the acquisition.

 

38      Compensation entitlement if land (not available for public sale) acquired by agreement

An authority of the State is to take into account, in connection with any proposed acquisition by agreement of land not available for public sale, the same matters as are required to be taken into account under this Part in determining the compensation payable for an acquisition by compulsory process.

 

54      Entitlement to just compensation

(1)     The amount of compensation to which a person is entitled under this Part is such amount as, having regard to all relevant matters under this Part, will justly compensate the person for the acquisition of the land.

(2)     If the compensation that is payable under this Part to a person from whom native title rights and interests in relation to land have been acquired does not amount to compensation on just terms within the meaning of the Commonwealth Native Title Act, the person concerned is entitled to such additional compensation as is necessary to ensure that the compensation is paid on that basis.

 

55      Relevant matters to be considered in determining amount of compensation

In determining the amount of compensation to which a person is entitled, regard must be had to the following matters only (as assessed in accordance with this Division):

(a)     the market value of the land on the date of its acquisition,

(b)     any special value of the land to the person on the date of its acquisition,

(c)     any loss attributable to severance,

(d)     any loss attributable to disturbance,

(e)     solatium,

(f)      any increase or decrease in the value of any other land of the person at the date of acquisition which adjoins or is severed from the acquired land by reason of the carrying out of, or the proposal to carry out, the public purpose for which the land was acquired.

 

56      Market value

(1)     In this Act:

market value of land at any time means the amount that would have been paid for the land if it had been sold at that time by a willing but not anxious seller to a willing but not anxious buyer, disregarding (for the purpose of determining the amount that would have been paid):

(a) any increase or decrease in the value of the land caused by the carrying out of, or the proposal to carry out, the public purpose for which the land was acquired, and

(b) any increase in the value of the land caused by the carrying out by the authority of the State, before the land is acquired, of improvements for the public purpose for which the land is to be acquired, and

(c) any increase in the value of the land caused by its use in a manner or for a purpose contrary to law.

(2)     When assessing the market value of land for the purpose of paying compensation to a number of former owners of the land, the sum of the market values of each interest in the land must not (except with the approval of the Minister responsible for the authority of the State) exceed the market value of the land at the date of acquisition.

 

Crown Lands Act 1989 No 6

 

106A Limits on compensation payable to reserve trusts

(1)     This section applies:

(a) to the determination of the amount of compensation payable under Part 3 of the Land Acquisition (Just Terms Compensation) Act 1991 in respect of the compulsory acquisition of the whole or part of a reserve described in subsection (2), and

(b) to the determination under section 191 of the Roads Act 1993 of the amount of compensation payable or provided under Division 2 of Part 12 of that Act in respect of the acquisition under that Division of the whole or part of a reserve described by subsection (2), and

(c) to the determination under section 22A of the Pipelines Act 1967 of the amount of compensation payable in respect of the vesting of the whole or part of a reserve described by subsection (2) or the vesting of an easement over the whole or part of such a reserve.

(2)     The following reserves are described by this subsection:

(a) a reserve in respect of which a reserve trust has been constituted, whether under this Part or by operation of Schedule 8,

(b) a reserve to which the provisions of this Part are applied by any other Act, or which is taken under any other Act to be a reserve under this Part, and in respect of which a reserve trust has been appointed or taken to be appointed,

other than a reserve that comprises dedicated land for which a Crown grant was granted to the reserve trust or a predecessor in title before the commencement of the Crown Lands (Land Titles) Amendment Act 1980.

(3)     Despite section 55 of the Land Acquisition (Just Terms Compensation) Act 1991, in determining the amount of compensation, if any, payable to a reserve trust, regard is to be had to the following matters only (as assessed in accordance with this section):

(a) the value to the reserve trust of any improvements (including structures) erected or carried out by the trust on the land being acquired or vested, or over which the easement is vested, on the date the land is acquired,

(b) the amount of any loss attributable to the reduction in public benefit from any loss of public open space that arises from the acquisition or vesting of the land,

(c) the amount of any reduction in the value to the trust, as at the date the land is acquired or vests, or the easement vests, of any other improvements (including structures) erected or carried out by the trust on other land that is caused by the land acquired being severed from other land of the trust,

(d) the cost to the trust of acquiring additional land having environmental benefits that are comparable to the land being acquired or vested,

(e) any loss attributable to disturbance (within the meaning of section 59 of that Act), other than loss arising from the termination of a lease or licence over the whole or part of the land being acquired.

(4)     For the purposes of a determination of an amount of compensation:

(a) the Crown is taken to be the holder in fee simple of the land being acquired or vested, or over which the easement is vested, and

(b) section 56 (2) of the Land Acquisition (Just Terms Compensation) Act 1991 applies as if the value of improvements (including structures) erected or carried out by the trust on the land is the market value of the trust’s interest in the land.

(5)     A reserve trust that is, or is managed by, the authority acquiring the whole or part of a reserve is not entitled to compensation in respect of the acquisition or vesting if it decides not to require compensation and does not revoke that decision before the acquisition of the land concerned.

(6)     Nothing in this section affects:

(a) any function of the Minister with respect to a reserve trust, including the Minister’s functions under sections 102 and 106, or the requirements of section 106, or

(b) the rights under the Land Acquisition (Just Terms Compensation) Act 1991 of a person from whom native title rights and interests (within the meaning of that Act) in relation to land have been acquired.

Roads Act 1993 No 33

41 Compulsory acquisition of land operates to close public road

A public road that is compulsorily acquired under this or any other Act or law ceases to be a public road as a consequence of its compulsory acquisition.

 

177 Power to acquire land generally

(1)     The Minister, RMS or a council may acquire land for any of the purposes of this Act.

(2)     Without limiting subsection (1), the Minister, RMS or a council may acquire:

(a)  land that is to be made available for any public purpose for which it is reserved or zoned under an environmental planning instrument, or

(b)  land that forms part of, or adjoins or lies in the vicinity of, other land proposed to be acquired for the purpose of opening, widening or constructing a road or road work.

(3)     Without limiting subsection (1), RMS may also acquire land that it proposes to declare to be RMS development land.

178 Procedure for acquiring land

(1)     Land that is authorised to be acquired under this Division may be acquired by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

(2)     A council may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 without the approval of the Minister.

179 Restriction on compulsory acquisition of land for resale

(1)     Land may not be acquired by compulsory process under this Division without the approval of the owner of the land if it is being acquired for the purpose of re-sale.

(2)     However, the owner’s approval is not required if the land forms part of, or adjoins or lies in the vicinity of, other land acquired at the same time under this Division for a purpose other than the purpose of re-sale or if the land is proposed to be RMS development land.

180 Special provisions relating to land containing minerals

Division 4 of Part 8 of the Public Works Act 1912 applies to the Minister, RMS and a council, and to land acquired by the Minister, RMS or a council, in the same way as it applies to a constructing authority within the meaning of that Act and to land acquired by a constructing authority.

191 Ascertainment of compensation payable

The amount of compensation to be provided is to be determined:

(a)     by agreement between the applicant and each person whose claim has been accepted, or

(b)     failing agreement, by the Land and Environment Court, or

(c)     if the identity or whereabouts of the owner of any interest in the land concerned cannot be ascertained, by the Valuer-General.

 


Local Government Act 1993 No. 30

 

377    General power of the council to delegate

(1)     A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council, other than the following:

(a) the appointment of a general manager,

(b) the making of a rate,

(c) a determination under section 549 as to the levying of a rate,

(d) the making of a charge,

(e) the fixing of a fee,

(f) the borrowing of money,

(g) the voting of money for expenditure on its works, services or operations,

(h) the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),

(i) the acceptance of tenders which are required under this Act to be invited by the council,

(j) the adoption of an operational plan under section 405,

(k) the adoption of a financial statement included in an annual financial report,

(l) a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,

(m) the fixing of an amount or rate for the carrying out by the council of work on private land,

(n) the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,

(o) the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979,

(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q) a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r) a decision under section 234 to grant leave of absence to the holder of a civic office,

(s) the making of an application, or the giving of a notice, to the Governor or Minister,

(t) this power of delegation,

(u) any function under this or any other Act that is expressly required to be exercised by resolution of the council.

(2)     A council may, by resolution, sub-delegate to the general manager or any other person or body (not including another employee of the council) any function delegated to the council by the Director-General except as provided by the instrument of delegation to the council.

 

Local Government (General) Regulation 2005

400 Council seal

 

(1) The seal of a council must be kept by the mayor or the general manager, as the council determines.

 

(2) The seal of a council may be affixed to a document only in the presence of:

(a) the mayor and the general manager, or

(b) at least one councillor (other than the mayor) and the general manager, or

(c) the mayor and at least one other councillor, or

(d) at least 2 councillors other than the mayor.

 

(3) The affixing of a council seal to a document has no effect unless the persons who were present when the seal was affixed (being persons referred to in subclause (2)) attest by their signatures that the seal was affixed in their presence.

 

(4) The seal of a council must not be affixed to a document unless the document relates to the business of the council and the council has resolved (by resolution specifically referring to the document) that the seal be so affixed.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                            13.21 - Attachment 2

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Staff Reports - Infrastructure Services                                                 13.22 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                            13.22 - Attachment 1

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Staff Reports - Infrastructure Services                                                 13.22 - Attachment 1

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Staff Reports - Infrastructure Services                                                                            13.22 - Attachment 1

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Staff Reports - Infrastructure Services                                                 13.22 - Attachment 1

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Staff Reports - Infrastructure Services                                                                            13.22 - Attachment 1

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Staff Reports - Infrastructure Services                                                 13.22 - Attachment 1

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Staff Reports - Infrastructure Services                                                                            13.22 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                 13.22 - Attachment 1

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Staff Reports - Infrastructure Services                                                                            13.22 - Attachment 1

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Staff Reports - Infrastructure Services                                                 13.22 - Attachment 1

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Staff Reports - Infrastructure Services                                                                            13.22 - Attachment 1

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Staff Reports - Infrastructure Services                                                 13.22 - Attachment 1

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Staff Reports - Infrastructure Services                                                                            13.22 - Attachment 1

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Staff Reports - Infrastructure Services                                                 13.22 - Attachment 1

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Staff Reports - Infrastructure Services                                                                            13.22 - Attachment 1

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Staff Reports - Infrastructure Services                                                 13.22 - Attachment 1

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Staff Reports - Infrastructure Services                                                                            13.22 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                 13.22 - Attachment 1

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Staff Reports - Infrastructure Services                                                                            13.22 - Attachment 1

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Staff Reports - Infrastructure Services                                                 13.22 - Attachment 1

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Staff Reports - Infrastructure Services                                                                            13.22 - Attachment 1

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BYRON SHIRE COUNCIL

Reports of Committees - Sustainable Environment and Economy        14.1 - Attachment 1

Minutes of Meeting

 

 

 

 

 

bsc_logo_150dpi_rgb

 

 

 

Sustainability and Emissions Reduction Advisory Committee Meeting

 

 

 

Venue

Council Chambers, Station Street, Mullumbimby

Date

Thursday, 26 April 2018

Time

2.00pm

 

 

 

 

 

 

 

 


BYRON SHIRE COUNCIL

Reports of Committees - Sustainable Environment and Economy        14.1 - Attachment 1

 

Minutes of the Sustainability and Emissions Reduction Advisory Committee Meeting held on Thursday, 26 April 2018

File No: Error! Unknown document property name.

 

PRESENT:   Cr S Richardson, Cr M Lyon, Cr S Ndiaye

 

Staff:   Tania Crosbie, Economy and Sustainability Coordinator

            Ronnie Lawton, Sustainability and Emissions Reduction Officer

            Daniel Harper, Sustainability Officer

            Lloyd Isaacson, Team Leader Resource Recovery and Quarry

           

 

Community:                                                                                          Luke McConell

                     John Taberner (ZEB representative)

 

 

Cr Richardson (Chair) opened the meeting at 3.10 and acknowledged that the meeting was being held on Bundjalung Country.

 

Apologies:

 

Jo Immig, Shannon Burt, Sharyn French.

 

ABSENT:

 

Chris Sanderson

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

Luke McConell declared a pecuniary interest in Report 4.2. The nature of the interest being that he is the owner of a waste recycling business.

 

Adoption of Minutes from Previous Meetings

 

Committee Recommendation:

That the minutes of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 29 March 2018 be confirmed.

(Richardson/McConell)

The recommendation was put to the vote and declared carried.

 

 

Note: The minutes of the meeting held on 29 March 2018  were noted, and the Committee Recommendations adopted by Council, at the Ordinary Meeting held on 19 April.

 

Business Arising from Previous Minutes

 

There was no business arising from previous minutes.

 

 

 

 

 

Staff Reports - Sustainable Environment and Economy

Report No. 4.1             Projects Tabled To Parliamentary Secretary for Renewable Energy and Northern NSW, The Hon. Ben Franklin.

File No:                        I2018/687

 

Committee Recommendation:

That the Sustainability and Emissions Reduction Advisory Committee note the report.

(Richardson/McConell)

 

The recommendation was put to the vote and declared carried.

 

 

Report No. 4.2             Resource and Recovery Team - Waste Management Initiatives Update

File No:                        I2018/690

 

Committee Recommendation:

That the Sustainability and Emissions Reduction Advisory Committee set a future agenda item to focus on options for sustainable waste management in Byron Shire.

 

(Richardson/Ndiaye)

The recommendation was put to the vote and declared carried..

     

 

 

 

There being no further business the meeting concluded at 4.04pm.

 

 

 

 

 


BYRON SHIRE COUNCIL

Reports of Committees - Sustainable Environment and Economy        14.2 - Attachment 1

Minutes of Meeting

 

 

 

 

 

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Biodiversity Advisory Committee Meeting

 

 

 

Venue

Bus Field Trip – Byron Bay and Brunswick Heads

Date

Monday, 30 April 2018

Time

3.30pm

 

 

 

 

 

 

 


 

Minutes of the Biodiversity Advisory Committee Meeting held on Monday, 30 April 2018

File No: Error! Unknown document property name.

 

PRESENT:   Cr C Coorey and Cr S Ndiaye

 

Staff:   Sharyn French (Acting Director Sustainable Environment and Economy)

            Michael Matthews (Manager Open Spaces and Resource Recovery)

            Clare Manning (Natural Environment Policy and Projects Officer)

            Tino Kraus (Supervisor Better Byron Team)

            Geoff Bailey (Work Health and Safety Officer)

            David Filipczyk (Bush Regenerator)

           

 

Community:                                                                                      Peter Westheimer

Greg Shanahan (Brunswick Valley Landcare)

 

The meeting was held as a bus tour to key sites in Byron Bay and Brunswick Heads to assist Committee members in the understanding of the agenda item regarding the Draft Integrated Pest Management Policy. The Committee noted the Directions Document and Draft Integrated Pest Management Policy as per the recommendation of the report included in the agenda.

 

Apologies:

 

Luke McConnell, Cr J Martin and Shannon Burt.

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

There were no declarations of interest.

 

Adoption of Minutes from Previous Meetings

 

The minutes of the meeting held on 12 march were resolved by council, at the Ordinary Meeting held on 19 April 2018.

 

Business Arising from Previous Minutes

 

There was no business arising from previous minutes.

 

 

There being no further business the meeting concluded at 6.00pm.

 

 

 

 

 

 


BYRON SHIRE COUNCIL

Reports of Committees - Infrastructure Services                                  14.3 - Attachment 1

Minutes of Meeting

 

 

 

 

 

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Extraordinary Transport and Infrastructure Advisory Committee Meeting

 

 

 

Venue

Conference Room, Station Street, Mullumbimby

Date

Friday, 20 April 2018

Time

11.30am

 

 

 

 

 

 

 


 

Minutes of the Extraordinary Transport and Infrastructure Advisory Committee Meeting held on Friday, 20 April 2018

File No: Error! Unknown document property name.

 

PRESENT:   Cr S Richardson (Mayor), Cr B Cameron, Cr J Martin

 

Staff:   Phil Holloway (Director Infrastructure Services)

            Tony Nash (Manager Works)

            Chris Soulsby (Development Planning Officer S94 & S64)

            Daniel Strzina (Project Engineer)

            Dominika Tomanek (Minute Taker)

 

Community Representatives:   Sapoty Brook, Graham Hamilton, Andi Maclean and David Michie

 

Non-Voting Representatives:   Alex Lewers (Transport Development Officer, Social Futures)

 

Cr Cameron (Chair) opened the meeting at 11:39 am and acknowledged that the meeting was being held on Bundjalung Country.

 

Apologies:

 

There were no apologies.

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

There were no declarations of interest.

 

Adoption of Minutes from Previous Meetings

 

Committee Recommendation:

1.         That the minutes of the Transport and Infrastructure Advisory Committee Meeting held on 15 March 2018 be confirmed.

 

2.         The minutes of the meeting held on 15 March 2018  were noted, and the Committee Recommendations adopted by Council, at the Ordinary Meeting held on 19 April 2018.

                                                                                                                (Cameron/Michie)

The recommendation was put to the vote and declared carried.

 

Business Arising from Previous Minutes

 

There was no business arising from previous minutes.

 

 

 


 

 

 

Staff Reports - Infrastructure Services

Report No. 4.1             Development of a Shire-wide Transport Strategy

File No:                        I2018/685

 

Committee Recommendation:

That Council note the Committee develop recommendations to Council for the following sections of a Shire-wide Transport Strategy:

 

·   Scope and context

·   Vision

·   Principles

·   Issues and challenges

·   Targets and desired outcomes

·   Key actions to achieve objectives

·   Community and stakeholder engagement

(Michie/Hamilton)

The recommendation was put to the vote and declared carried.

     

 

There being no further business the meeting concluded at 1:39 pm.

 

 

 

 

 

 


BYRON SHIRE COUNCIL

Questions With Notice                                                                                       15.3 - Attachment 1

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