Byron Shire Councildecorative image only, Byron Shire Council logoPhoto of the front entrance of the Council Administration Building in Mullumbimby

Minutes

Ordinary Meeting

 Thursday, 25 February 2021

 

 


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes

25 February 2021

 

INDEX OF ITEMS DISCUSSED

The following items are listed in the order in which they were dealt with.

Petition No. 10.1    Tallowood Ridge. 7

Report No. 11.1       Grants and Submissions February 2021. 7

Report No. 13.1       Licence to Byron Bay Community Association Incorporated for occupation of the Byron Community Cabin.. 7

Report No. 13.3       Licence for the operation and maintenance of Byron Bay car parks. 8

Report No. 13.4       Security Services Tender Outcome. 8

Report No. 13.7       Council Investments - 1 December 2020 to 31 December 2020. 8

Report No. 13.10    Council Resolutions Quarterly Review - Q2 - 1 October to 31 December 2020  9

Report No. 13.11    Council Investments - 1 January 2021 to 31 January 2021. 9

Report No. 13.12    Budget Review - 1 October 2020 to 31 December 2020. 9

Report No. 13.14    Compliance Priorities Program Report 2020. 10

Report No. 13.15    PLANNING - DA 10.2020.230.1 Use of existing Nursery Structure ancillary to Community Facility (Mullumbimby Community Garden) at 156 Stuart Street Mullumbimby. 11

Report No. 13.17    Former Mullumbimby Sewage Treatment Plant Land Use Options Report 11

Report No. 13.18    Tender 2020-0063 - Railway Corridor Park. 11

Report No. 13.20    Design and Construction of the Byron STP Additional Flow Path.. 11

Report No. 14.2       Report of the Transport and Infrastructure Advisory Committee Meeting held on 28 January 2021. 12

Report No. 14.3       Report of the Byron Shire Floodplain Risk Management Committee Meeting held on 28 January 2021. 13

Petition No. 10.2    Petition against the changing of Ewingsdale rulings, R5 and R2. 14

Petition No. 10.3    Petition with 140 signatures to reduce speed at Rifle Range Road. 15

Report No. 13.2       Financial hardship of the Upper Main Arm Community Assocation Incorporated  16

Report No. 13.16    Proposed Activity - Byron Music Festival 2021 on Reserve 82000 Dening Park, Byron Bay. 16

Report No. 14.1       Report of the Local Traffic Committee Meeting held on 27 January 2021. 17

Notice of Motion No. 9.1      Mayor's Discretionary Allowance. 19

Report No. 13.5       Conduct a Constitutional referendum or council poll at the Local Government election in September 2021. 19

Report No. 13.6       Section 355 Management Committees - resignations and appointments update  19

Report No. 13.8       Policy Review 2020-2021 - Part 2. 20

Report No. 13.9       National General Assembly of Local Government 2021. 20

Report No. 13.13    Delivery Program 6-monthly Report and 2020/21 Operational Plan Report - Q2 - December 2020. 21

Report No. 13.19    Byron Shire Rail with Trail (Update) 21

Question With Notice No. 15.1          Agglomerated data on dwelling supply in Byron Shire. 22

Report No. 16.1       CONFIDENTIAL - Lease to AFL Queensland Limited. 27


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes                                                                 25 February 2021

MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 25 February 2021 COMMENCING AT 9:10AM AND CONCLUDING AT 2:31PM

I2021/255

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 (General Manager)

            Vanessa Adams (Director Corporate and Community Services)

            Evan Elford (Acting Director Infrastructure Services)

            Shannon Burt (Director Sustainable Environment and Economy)

            Ralph James (Legal Counsel)

            Joelinda Bourke (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:

 Public Access

Report No and Title

For/Against

Name

Representing Community Organisation

Submission Received in form of

10.2

Petition against the changing of Ewingsdale rulings, R5 and R2

For

Matthew O’Reilly

Community Alliance for Byron Shire

In person

10.3

Petition with 140 signatures to reduce speed at Rifle Range Road

For

Clare Hopkins

 

In person

13.2

Financial hardship of the Upper Main Arm Community Association Incorporated

Against

Matthew Lambourne

 

In person

13.10

Council Resolutions Quarterly Review - Q2 - 1 October to 31 December 2020

Against

Matthew O’Reilly

Saddle Road Community Association

In person

13.14

Compliance Priorities Program Report 2020

Against

John Anderson

 

In person

13.16

Proposed Activity - Byron Music Festival 2021 on Reserve 82000 Dening Park, Byron Bay

For

Nick Sergi

Byron Music

In person

Monique Hartman

Byron Music

In person

14.1

Report of The Local Traffic Committee Meeting Held 27th January 2021

Against

Len Bates

 

In person

Submissions

Subject

Name

Representing Community Organisation

Submission Received in form of

Complaint handling, compliance and enforcement

Matthew O’Reilly

Community Alliance for Byron Shire

In person

Question No. 1 – Use of Council Resources in 2021 Local Government Election

John Anderson asked the following question:

Given that in accordance with well-established principles the Council Executive (i.e. the bureaucracy) should remain at arm’s length from the Council Legislative (the elected Councillors) and must not meddle in politics, is Cr Michael Lyon able to assure the ratepayers that he has not been assisted and will not be assisted in the lead-up to the September elections, by any member of the Council staff or anyone acting on their behalf, in terms of press releases, strategy, negotiations etc, and that he will not otherwise consume Council resources for a private purpose?

Cr Lyon responded:

I am not being assisted and will not be assisted in any way by staff that is untoward, illegal or contrary to any codes of conduct. This includes in terms of press releases, strategies and all the other items you mentioned. What I will say is I am focussed on the solutions that we need in this community. Most notably in terms of availability and affordability of housing and I would be a fool not to consult staff to further my understanding about legislative and other requirements when developing policy.

Question No. 2 - Planning Proposals to rezone rural land for residential purposes as a Residential Zone

Matthew O’Reilly asked the following question:

Can Council please advise whether Planning Proposals to rezone rural land for residential purposes as a Residential Zone are permitted under the Byron Business and Industrial Land Strategy or may only take place under the Byron Residential Land Strategy and whether either of these two Strategies have been formally approved by the Department of Industry, Planning and the Environment?

The question was taken on notice.

The meeting was adjourned at 10:10am and resumed at 10:31am.

 

Apologies

There were no apologies.

 

Requests for Leave of Absence

 

Procedural Motion

21-010

Resolved that Cr Martin be granted a leave of absence for the 11 March 2021 Planning Meeting                                                                                     (Richardson/Coorey)

The motion was put to the vote and declared carried.

 

Declarations of Interest – Pecuniary and Non-Pecuniary

Cr Martin declared a pecuniary interest in Report 13.15. The nature of the interest being that her daughter and granddaughter are employed at the nursery mentioned. Cr Martin elected to leave the Chamber and will not participate in discussion and the vote.

Cr Lyon declared a pecuniary interest in Report 13.15. The nature of the interest being that he works for a related member organisation.  Cr Lyon elected to leave the Chamber and will not participate in discussion and the vote.

 

Tabling of Pecuniary Interest Returns

There were no Pecuniary Interest Returns tabled.


 

 

Adoption of Minutes from Previous Meetings

21-011

Resolved: that the minutes of the Ordinary Meeting held 17 December 2020 be confirmed                                                                                                             (Hunter/Lyon)

The motion was put to the vote and declared carried.

 

Reservation of Items for Debate and Order of Business

The Mayor suspended standing orders to allow for items to be reserved for debate, being:

Staff Reports 

General Manager

Report No. 13.2     Financial hardship of the Upper Main Arm Community Association Incorporated

 

Corporate and Community Services

Report No. 13.5     Conduct a Constitutional referendum or council poll at the Local Government election in September 2021

Report No. 13.6     Section 355 Management Committees - resignations and appointments update

Report No. 13.8     Policy Review 2020-2021 - Part 2

Report No. 13.9     National General Assembly of Local Government 2021

Report No. 13.13   Delivery Program 6-monthly Report and 2020/21 Operational Plan Report - Q2 - December 2020

 

Sustainable Environment and Economy

Report No. 13.16   Proposed Activity - Byron Music Festival 2021 on Reserve 82000 Dening Park, Byron Bay

 

Infrastructure Services

Report No. 13.19   Byron Shire Rail with Trail (Update)

Reports of Committees

Infrastructure Services

Report No. 14.1     Report of the Local Traffic Committee Meeting held on 27 January 2021

6.1    Yellow Line - Lighthouse Rd, Wategos

6.2    Tincogan Street Intersection Priorities

6.3    Burringbar St - Talking Street

6.4    On-Road Cycleway Connection - Bangalow/Browning/Tennyson Roundabout

7.1    Mixed Use Development - Jonson St / Browning St

Confidential Reports

General Manager

Report No. 16.1     Confidential - Lease to AFL Queensland Limited

The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Richardson and seconded by Cr Hunter. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 21-012 and concluding with Resolution No. 21-034.

In accordance with their earlier declared interest in item 13.15, Crs Martin and Lyon left the Chamber at 10.39am.

 

Petitions

 

Petition No. 10.1       Tallowood Ridge

File No:                       I2021/17

 

21-012

Resolved:

1.      That the petition regarding Tallowood Ridge be noted.

2.      That the petition be referred to the Director Sustainable Environment and Economy.                                                                                            (Richardson/Hunter)

 

 

Submissions and Grants

 

Report No. 11.1         Grants and Submissions February 2021

File No:                       I2021/154

 

21-013

Resolved that Council notes the report and Attachment 1 (E2021/23600) for Byron Shire Council’s Submissions and Grants as at 31 January 2021.    (Richardson/Hunter)

 

 

Staff Reports - General Manager

 

Report No. 13.1         Licence to Byron Bay Community Association Incorporated for occupation of the Byron Community Cabin

File No:                       I2021/31

 

21-014

Resolved:

1.      That Council notes that no submissions were received on the proposal to grant the Byron Bay Community Association Incorporated a five year licence over the Byron Community Cabin located in Lot 444 Section 28 DP758207.

2.      That Council authorises the General Manager to enter into a licence with the Byron Bay Community Association Incorporated over the Byron Community Cabin located in Lot 444 Section 28 DP758207 on the following terms:

a)      term five years to commence 1 March 2021,

b)      purpose of a community hall and ancillary use of shower facilities by persons that are homeless on a booking system,

c)      the Licensee to pay initial rent of $490 (exclusive GST) with rent increased thereafter annually by Consumer Price Index all Groups Sydney,

d)      the Licensee to pay outgoings for the use of all services connected to the premises and requisite insurance covers,

e)      Council to pay outgoings to the full value of general land rates (if applicable), fixed water and sewerage charges, building insurance, pest inspections and fire safety compliance,

f)       Council to subsidise licence preparation costs of $536 (inclusive GST).

                                                                                                                        (Richardson/Hunter)

 

 

Report No. 13.3         Licence for the operation and maintenance of Byron Bay car parks

File No:                       I2021/201

 

21-015

Resolved that the General Manager be authorised to enter into a Property Licence between Transport Asset Holding Entity of New South Wales and Byron Shire Council  for part Lot 1 in DP 1001454 and part Lot 4729 DP 1228104 subject to the terms of the licence to be finalised under delegation.                          (Richardson/Hunter)

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.4         Security Services Tender Outcome

File No:                       I2020/1592

 

21-016

Resolved:

1.      That Council award Tender 2020-0009 Security Services to the preferred tenderer as identified in the Confidential Attachment (E2021/5095).

2.      That Council’s seal is affixed to the relevant documents.

3.     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/Hunter)

 

 

Report No. 13.7         Council Investments - 1 December 2020 to 31 December 2020

File No:                       I2021/29

 

21-017

Resolved that Council notes the report listing Council’s investments and overall cash position as at 31 December 2020.                                                            (Richardson/Hunter)


 

 

Report No. 13.10      Council Resolutions Quarterly Review - Q2 - 1 October to 31 December 2020

File No:                       I2021/137

 

21-018

Resolved:

1.      That Council notes the information provided in this report on active Council Resolutions in Attachment 1 (#E2021/41).

2.      That Council notes the completed Resolutions in Attachment 2 (#E2021/42).

3.       That Council endorses the closure of the Resolutions identified in Table 1:  Council resolutions that have been superseded by other resolutions; and which have been included in the completed Resolutions in Attachment 2 (#E2021/42).        

                                                                                                                         (Richardson/Hunter)

 

 

Report No. 13.11      Council Investments - 1 January 2021 to 31 January 2021

File No:                       I2021/149

 

21-019

Resolved that Council notes the report listing Council’s investments and overall cash position as at 31 January 2021.                                                                (Richardson/Hunter)

 

 

Report No. 13.12      Budget Review - 1 October 2020 to 31 December 2020

File No:                       I2021/156

 

21-020

Resolved:

1.      That Council authorises the itemised budget variations as shown in Attachment 2 (#E2021/30960) which include the following results in the 31 December 2020 Quarterly Review of the 2020/2021 Budget:

a)      General Fund – No change to the Estimated Unrestricted Cash Result

b)      General Fund - $1,185,800 increase in reserves

c)      Water Fund - $29,200 decrease in reserves

d)      Sewerage Fund - $94,200 increase in reserves

2.      That Council adopts the revised General Fund Estimated Unrestricted Cash Result of $428,200 for the 2020/2021 financial year as at 31 December 2020.

(Richardson/Hunter)


 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.14      Compliance Priorities Program Report 2020

File No:                       I2021/8

 

21-021

Resolved:

1.       That Council notes the report on the Compliance Priorities Program 2020.

 

2.       That Council adopts the proposed Compliance Priorities Program for 2021 as provided below:

1.      Very High Priorities:

1.1      Developments, actions, works, activities or uses that places people’s lives at immediate risk or that cause or are likely to cause a significant risk of environmental harm or pollution;

1.2      Significant environmental and public health incidents;

1.3      Dangerous and/or menacing dogs;

1.4      Livestock on public roads;

1.5      Traffic, parking and unapproved camping activity. Camping enforcement, with an emphasis on environmentally sensitive areas;

1.6      Asbestos containing material (“ACM”) being illegally dumped on public land (waste compliance).

 2.     High Priorities 

2.1      Unauthorised events, wedding receptions, parties, 'doof and rave' parties where significant environmental harm or risk to people’s lives;

2.2      Responses to complaints about recurring noise disturbance, public nuisance from premises, maintenance of alcohol free zones;

2.3      Uncontrolled dogs and/or cats including those kept on land where Policy or Development consent prohibits it.

 3.     Medium Priorities

3.1      Development or activities without consent, or non-compliance with consent, permit or licence conditions where these appear to pose no immediate threat to life, property, public health or the environment;

3.2      Non-compliant signage (07-550, 06-204).

 4.     Routine Priorities

4.1      Companion animals with a high emphasis on high visibility enforcement and public education (15-465);

4.2      Seasonal public health issues and community preparedness including issuing a minimum of two media releases;

4.3      Tourist and visitor accommodation swimming pool safety, including legislative requirements;

4.4      Onsite sewage management systems (including CERC project);

4.5      Food Safety Inspections;

4.6      Awareness of current public health requirements.

                                                                                                                        (Richardson/Hunter)

 

 

Report No. 13.15      PLANNING - DA 10.2020.230.1 Use of existing Nursery Structure ancillary to Community Facility (Mullumbimby Community Garden) at 156 Stuart Street Mullumbimby

File No:                       I2021/72

 

Crs Martin and Lyon left the meeting at 10.39am in accordance with their earlier declared interests in this matter.

 

21-022

Resolved that pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, development application 10.2020.230.1 Use of existing Nursery Structure ancillary to Community Facility (Mullumbimby Community Garden), be granted consent subject to conditions (Attachment 2 E2020/69246).                              (Richardson/Hunter)

 

 

Staff Reports - Infrastructure Services

 

Report No. 13.17      Former Mullumbimby Sewage Treatment Plant Land Use Options Report

File No:                       I2021/20

 

21-023

Resolved that Council further investigates the recommended future use in the Mullumbimby Sewage Treatment Plant Land Use Options Update Report involving ongoing recycled water facilities, potential solar farm and habitat restoration.

                                                                                                                        (Richardson/Hunter)

 

 

Report No. 13.18      Tender 2020-0063 - Railway Corridor Park

File No:                       I2021/40

 

21-024

Resolved:

1.      That Council awards Tender 2020-0063 to the tenderer recommended in the Tender Evaluation Report (Confidential Attachment 1).

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/Hunter)

 

 

Report No. 13.20      Design and Construction of the Byron STP Additional Flow Path

File No:                       I2021/152

 

21-025

Resolved:

1.      That Council awards Tender Design and Construction of the Byron STP Additional Flow Path to the preferred contractor specified in the Tender Evaluation report (attachment E2021/25906)

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/Hunter)

 

 

Reports of Committees - Infrastructure Services

 

Report No. 14.2         Report of the Transport and Infrastructure Advisory Committee Meeting held on 28 January 2021

File No:                       I2021/188

 

21-026

Resolved that Council notes the minutes of the Transport and Infrastructure Advisory Committee Meeting held on 28 January 2021.                                      (Richardson/Hunter)

 

21-027

Resolved that Council adopts the following Committee Recommendation:

Report No. 3.1           Adoption of Minutes from Previous Meeting

File No: I2021/37

Committee Recommendation 3.1.1

That the minutes of the Transport and Infrastructure Advisory Committee Meeting held on 8 October 2020 be confirmed.                                                             (Richardson/Hunter)

 

21-028

Resolved that Council adopts the following Committee Recommendation:

Report No. 4.1 Byron to Suffolk Cycleway - Browning St Roundabout Bypass Connection

File No: I2021/18

Committee Recommendation 4.1.1

That Council endorses the attached plan (Attachment 1 - E2020/97761) for the On-Road Cycleway Connection at Bangalow/Browning/Tennyson Roundabout pavement marking and signage to be installed.                                                      (Richardson/Hunter)

 

21-029

Resolved that Council adopts the following Committee Recommendations:

Report No. 4.2 Signage Policy Update

File No: I2021/81

Committee Recommendation 4.2.1

1.      That Council notes the progress undertaken to update Council’s Tourist, Street Name, Community Facility and Service Signs (Policy 07/102) in accordance with resolution 18-465 and developing a wildlife signage strategy.

2.      That the Transport and Infrastructure Advisory Committee is provided with scoping documentation outlining the signage policy review as soon as possible prior to a workshop to be held in March 2021.                                              (Richardson/Hunter)

 


 

 

21-030

Resolved that Council adopts the following Committee Recommendation:

Regular Item on the TIAC Agenda

Committee Recommendation 4.3.1

That the Transport and Infrastructure Advisory Committee receives an update on roads, reseals, reconstructions, maintenance requirements, and budgetary situation as a regular item on future Agendas.                                                              (Richardson/Hunter)

 

21-031

Resolved that Council adopts the following Committee Recommendation:

Kolora Way Update

Committee Recommendation 4.4.1

That the Transport and Infrastructure Advisory Committee receives a further report on bikeway options at the next meeting.                                                      (Richardson/Hunter)

 

 

Report No. 14.3         Report of the Byron Shire Floodplain Risk Management Committee Meeting held on 28 January 2021

File No:                       I2021/191

 

21-032

Resolved that Council notes the minutes of the Byron Shire Floodplain Risk Management Committee Meeting held on 28 January 2021.             (Richardson/Hunter)

 

21-033

Resolved that Council adopts the following Committee Recommendation:

Report No. 3.1          Adoption of Minutes from Previous Byron Shire Floodplain Risk Management Committee Meeting

File No: I2021/35

Committee Recommendation 3.1.1

That the minutes of the Byron Shire Floodplain Risk Management Committee Meeting held on 29 October 2020 be confirmed.                                                 (Richardson/Hunter)

 

21-034

Resolved that Council adopts the following Committee Recommendation:

Report No. 4.1           Incident Management System Trial Event - East Coast Low - 11 December 2020

File No: I2021/6

Committee Recommendation 4.1.1

That Council recognise the value of testing the new Incident Management System (IMS) in its first month of operation (East Coast Low starting on 11 December 2020) and recognise system improvements made during the event, as presented in document E2021/4075.                                                                                                (Richardson/Hunter)

 

Crs Martin and Lyon returned to the Chamber at 10:41am.

 

Procedural Motion

21-035

Resolved that Council change the order of business to deal with Reports 10.2. 10.3. 13.2. 13.16. and 14.1 next on the Agenda.                                            (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

 

Petitions

 

Petition No. 10.2       Petition against the changing of Ewingsdale rulings, R5 and R2

File No:                       I2021/19

 

 

Moved that Council:

1.

·         Contact the proponents of the over 55s development that is the subject of the petition

  • Advise them that the Business and Industrial Lands Strategy has not been endorsed by the DPIE

·         Advise them that the project they are proposing is not supported by the BILS, with regard to the hospital precinct proposed therein, in particular, the description of any development in that precinct is thus described:

"Areas adjoining the hospital precinct are to be utilised for allied hospital services, Allied uses are described as offering:

•   medical devices;

•   precision medicine and regenerative medicine products and services

•   medical specialist consulting rooms

•   health care worker services, such as a child care facility

•   health education, training and research

•   residential facilities providing for resident needs to visit hospital for management of a chronic or acute health condition or to receive treatment for an injury. This may include a residential aged care facility, with either permanent or respite basis accommodation."

 

2.       Undertakes a community consultation process with regard to the proposed Hospital precinct, as per Council’s Community Engagement Strategy.

(Coorey/Cameron)

 

 

Procedural Motion

21-036

Resolved that Cr Coorey be granted a one minute extension to her speech.

                                                                                                                         (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

 


AMENDMENT

 

21-037

Resolved:

1.       That the petition regarding the possible rezoning of Lot 101 Ewingsdale Road be noted.

2.       That the petition be referred to the Director Sustainable Environment and Economy.

3.      That Council undertakes a community consultation process with regard to the proposed Hospital precinct, as per Council’s Community Engagement Strategy.

          (Richardson/Lyon)

The amendment was put to the vote and declared carried.

Crs Coorey and Cameron voted against the amendment.

The amendment upon becoming the substantive motion was put to the vote and declared carried.

 

 

 

Petition No. 10.3       Petition with 140 signatures to reduce speed at Rifle Range Road

File No:                       I2021/182

 

21-038

Resolved:

1.      That the petition regarding Reduce speed limit at intersection of Rifle Range and Lismore Road be noted.

2.      That the petition be referred to the Director Infrastructure Services.

3.      That Council report the outcome of the speed review to LTC.

4.      That Council receive a report to provide a process so that all speed reviews can be referred to the LTC.

5.      That Council note the policy on reducing speed on Rural roads and ensure that Council provide submissions in support of the policy for all community and Council initiated requests for speed reviews.

6.      That staff look into any temporary measures that can be implemented to improve safety whilst consultation and planning matters are addressed.

          (Cameron/Richardson)

The motion was put to the vote and declared carried.

 


 

 

 

Staff Reports - General Manager

 

Report No. 13.2         Financial hardship of the Upper Main Arm Community Association Incorporated

File No:                       I2021/41

 

21-039

Resolved:

1.      Defer consideration of this report and undertake consultation with the Upper Main Arm Community Association Inc. relating to the ongoing and future management and ownership of Kohinur hall and the contents of the report.

2.      Following consultation report this matter back to Council.                    (Lyon/Ndiaye)

AMENDMENT

Moved:

1.      That Council waives 100% of the rent payable under a licence granted to the Upper Main Arm Community Association Incorporated for the period 1 August 2020 to 31 July 2021 at a cost of $539 inclusive of GST.

2.      That Council gifts the Upper Main Arm Community Association Incorporated $800 inclusive of GST for the payment of Public Liability Insurance cover due 11 February 2021 upon issue of an invoice.

3.     That Council note the correspondence from UMACA and the committee’s willingness to be involved in discussion and consultation and that Council continues discussions with UMACA to ensure that this much loved community asset can be retained for community benefit. (Cameron/Hackett)

The amendment was put to the vote and declared lost.

Crs Coorey, Martin, Ndiaye, Richardson, Spooner, and Hunter voted against the amendment.

The motion (Lyon/Ndiaye) was put to the vote and declared carried.

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.16      Proposed Activity - Byron Music Festival 2021 on Reserve 82000 Dening Park, Byron Bay

File No:                       I2021/160

 

 

Moved that the granting of a temporary licence for the occupation of Dening (& Apex) Park(s) for staged music performance at the proposed Byron Music Festival in June be deferred until further assessment can be undertaken regarding the suitability of such use in these environmentally sensitive public parks.                                  (Hackett/Ndiaye)

AMENDMENT

21-040

Resolved:

1.      That Council grants a temporary licence in accordance with section 2.20 of the Crown Land Management Act for the purpose of Entertainment, Exhibition and Markets to the Byron Music Festival between Friday 18 June 2021 and Monday 21 June 2021 for occupation of Dening Park.

2.      That the granting of the temporary licence be subject to receipt and favourable assessment of a full Event Application including:

a)      management of environmental risks on the site with consideration to the dune areas

b)      financial structure and management of the event.                 (Spooner/Coorey)

The amendment was put to the vote and declared carried.

Crs Ndiaye and Hackett voted against the amendment.

The amendment upon becoming the substantive motion was put to the vote and declared carried.

 

Reports of Committees - Infrastructure Services

 

Report No. 14.1         Report of the Local Traffic Committee Meeting held on 27 January 2021

File No:                       I2021/135

 

21-041

Resolved that Council notes the minutes of the Local Traffic Committee Meeting held on 27 January 2021.                                                                                          (Cameron/Lyon)

 

21-042

Resolved that Council adopts the following Committee Recommendation:

Report No. 6.1           Yellow Line - Lighthouse Rd, Wategos

File No: I2021/65

Committee Recommendation 6.1.1

That Council endorse the installation of yellow lines along Lighthouse Road from the Brooke Drive intersection extending through to the start of Palm Valley Drive.

(Cameron/Lyon)

 

21-043

Resolved that Council adopts the Recommendations:

Report No. 6.2          Tincogan Street Intersection Priorities

File No: I2021/66

Recommendation 6.2.1

1.      That Council implement the priority changes to give way signs on Tincogan Street at the intersections of the Dalley Street and Stuart Street, Mullumbimby in order to provide priority to east-west traffic movements in Tincogan Street as amended by Committee comments.

2.      That Council note the pedestrian safety issues raised by the Mullumbimby Residents Association and discussed in the Our Mullumbimby Masterplan.

3.      That Council only undertake priority change at the same time that pedestrian safety infrastructure and systems are implemented.

4.      That Council proceed with a speed zone review request to reduce the speed along Tincogan Street between Dalley Street and Station Street.   (Cameron/Lyon)

 

21-044

Resolved that Council adopts the following Committee Recommendation:

Report No. 6.3          Burringbar St - Talking Street

File No: I2021/67

Committee Recommendation 6.3.1

That Council endorse the regulatory signs, lines and devices associated with the 10km/h and 30km/h speed zone changes associated with the Burringbar Talking Streets project.                                                                                                     (Cameron/Lyon)

 

21-045

Resolved that Council adopts the following Committee Recommendation:

Report No. 6.4          On-Road Cycleway Connection - Bangalow/Browning/Tennyson Roundabout

File No: I2021/68

Committee Recommendation 6.4.1

That Council endorse the attached plans for the On-Road Cycleway Connection at Bangalow/Browning/Tennyson Roundabout pavement marking and signage to be installed  (#E2020/97761).                                                                                (Cameron/Lyon)

 

21-046

Resolved that Council adopts the following Committee Recommendation:

Report No. 7.1          Mixed Use Development - Jonson St / Browning St

File No: I2021/69

Committee Recommendation 7.1.1

That Council approve the regulatory signage shown in Attachment 1 (E2020/95011) which is associated with development application 10.2019.616.1 and Roads Act application 51.2019.616.2.                                                                                (Cameron/Lyon)

 

The motions (21-041 – 21-046) were put to the vote and declared carried.

 

 

Mayoral Minute

There was no Mayoral Minute.


 

Notices of Motion

 

Notice of Motion No. 9.1  Mayor's Discretionary Allowance

File No:                                 I2021/164

 

 

The notice of motion was withdrawn.

 

Delegates’ Reports

There were no delegates’ reports.

 

Staff Reports - Corporate and Community Services

 

Report No. 13.5         Conduct a Constitutional referendum or council poll at the Local Government election in September 2021

File No:                       I2021/7

 

21-047

Resolved that Council does not conduct a Constitutional referendum or council poll in association with the Local Government election on 4 September 2021.

                                                                                                                        (Hunter/Richardson)

The motion was put to the vote and declared carried.

 

 

 

Report No. 13.6         Section 355 Management Committees - resignations and appointments update

File No:                       I2021/26

 

21-048

Resolved:

1.      That the resignation from Jim Beatson from the Marvell Hall Management Committee be accepted and that a letter of thanks be provided.

2.      That the resignations from Glenn Wright and Jennifer Parenteau from the Mullumbimby Civic Hall Management Committee be accepted and that a letter of thanks be provided.

3.      That the resignations from Zerina Millard, Jennifer Parenteau, Gabrielle Rinaldi and Tony Horrigan from the South Golden Beach Hall Management Committee be accepted and that letters of thanks be provided.

4.      That the nominees in Confidential Attachment 1 be appointed to the South Golden Beach Hall Management Committee                               (Ndiaye/Richardson)

The motion was put to the vote and declared carried.

 


 

 

 

Report No. 13.8         Policy Review 2020-2021 - Part 2

File No:                       I2021/42

 

21-049

Resolved:

1.      That Council adopts the Draft Local Orders for the Keeping of Animals Policy 2020 at Attachment 2 (E2021/9267) amended as a result of submissions received during public exhibition.

2.      That the following policies be placed on public exhibition for the reason stated alongside it for 28 days and to allow 42 days for submissions:

a)      Draft Complaint Handling Policy 2021 – as updated and shown in track changes at Attachment 3 (E2021/15820)

b)      Internal Reporting Policy 2021 – as updated and shown in track changes at Attachment 4 (E2021/9593)

c)      Planning Agreement Policy 2021 - as updated and shown at Attachment 5 (E2021/28488)

d)      Community Economic Development Policy 2010 – to be repealed

3.      That:

a)      should there be no submissions received for a policy listed in 2 above, the update or repeal be endorsed for those policies; and

b)      should submissions be received on a policy listed in 2 above, those policies be reported back to Council noting the submissions and any amendments made as a result of the feedback received.                             (Coorey/Cameron)

The motion was put to the vote and declared carried.

 

 

 

Report No. 13.9         National General Assembly of Local Government 2021

File No:                       I2021/49

 

21-050

Resolved:

1.      That Council authorises two Councillors being Councillors Ndiaye and Coorey to attend the 2021 National General Assembly of Local Government to be held at the National Convention Centre in Canberra from 20 to 23 June 2021 and nominates Cr Ndiaye as the voting delegate.

2.      That Council considers endorsement of any motions for submission to the National General Assembly, at its Ordinary meeting scheduled for Thursday, 25 March 2021, to meet the lodgement deadline with ALGA of Friday, 26 March 2021.

                                                                                                                            (Lyon/Richardson)

The motion was put to the vote and declared carried.

The meeting adjourned at 12:27pm for a lunch break and reconvened at 1:21pm.


 

 

 

Report No. 13.13      Delivery Program 6-monthly Report and 2020/21 Operational Plan Report - Q2 - December 2020

File No:                       I2021/171

 

21-051

Resolved:

1.      That Council notes the Delivery Program 6-monthly Report and 2020/21 Operational Plan Quarter 2 Report for the period ending 31 December 2020 (Attachment 1 #E2021/4352).

2.      That Council adopts the proposed amendments to the Operational Plan 2020/21 outlined in Attachment 2 (#E2021/17779).                               (Cameron/Richardson)

The motion was put to the vote and declared carried.

 

 

Staff Reports - Infrastructure Services

 

Report No. 13.19      Byron Shire Rail with Trail (Update)

File No:                       I2021/46

 

 

Moved that Council suspend all work on the 'Byron Shire Rail with Trail Project' until answers to the following questions regarding the MURC Report are provided and considered by Council:

1.            What was asked for in the project brief in regard to undertaking a benefit/cost ratio?  

2.            What was the type and rate of the behaviour change incentives calculated that achieved a positive benefit/cost ratio for the preferred hi-rail option?

3.            Why did the consultants not include a rail trail option when calculating the impact of behaviour change incentives on a benefit/cost ratio?

4.            What contribution, if any, did the Mayor, or any councillor, have on the design of the project, it's management and the conclusions contained in the final report? 

5.            Were any discussions held between any staff member, the Mayor or any councillor, and the consultants regarding the perceived benefits of getting a positive result for a railway option?

6.            What are the total costs (both direct and indirect) in this term of Council on matters relating to the use of the rail corridor?                                (Spooner/Hunter)

 

 

Procedural Motion

21-052

Resolved that Cr Richardson be granted a two minute extension to his speech.

(Richardson/Ndiaye)

The motion was put to the vote and declared carried.

 


 

AMENDMENT

21-053

Resolved:

1.      That Council closes Resolution 19-616, with the remaining actions being addressed within Resolution 20-127.

2.      That Council considers a budget allocation at the March 2021 quarterly review to undertake further work on the Rail with Trail project.             (Cameron/Richardson)

The amendment was put to the vote and declared carried.

Crs Spooner, Hunter, and Hackett voted against the amendment.

The amendment upon becoming the substantive motion was put to the vote and declared carried.

Crs Spooner, Hunter, and Hackett voted against the motion.

 

Questions With Notice

 

Question With Notice No. 15.1           Agglomerated data on dwelling supply in Byron Shire

File No:                                          I2021/209

 

 

Cr Cate Coorey submitted the following question:

In view of the recently adopted Residential Strategy and to assist in considering future planning decisions, can Councillors and the community be advised of changes in residential approvals since the operation of the Byron LEP 2014.

Can staff please provide figures for the number of new dwellings, rural tourist accommodation rooms and new lots approved as complying development, council approved development and NRPP approved development.  Can these figures be divided into:

In rural areas all approvals, including:

·        primary dwellings

·        dual occupancies

·        secondary dwellings

·        workers dwellings

·        studios

·        Rural tourist cabins, farmstay accommodation or eco-tourism accommodation

In urban areas all approvals including:

·        detached dwellings

·        secondary dwellings

·        dual occupancies approved as strata title or freehold developments

·        multi dwelling housing approved as strata title or freehold developments

·        studios

·        shop top housing dwellings

and

·        Ancillary caretaker dwellings/Ancillary managers and staff dwellings.

·        Ancillary dwellings in industrial and business zones

·        New lots under 800m2 with dwelling entitlements

·        New lots under 1000m2 with dwelling entitlements

·        New lots over 10002 with dwelling entitlements

NB please count total dwellings, total rooms and total lots, not total approvals as often multiple dwellings are included in a single approval such as multi dwelling housing, dual occupancies or a new house and secondary dwelling.

Rural includes RU1, RU2, RU5, R5 and environmental zones. 

Urban includes all Residential, Business and Industrial Zones.

Response Director Sustainable Environment and Economy:

Councillor Coorey asked the same question of staff for the period 2014-2017 at the 22 March 2018 ordinary council meeting.

The following response was published 19 April 2018 on the ordinary meeting agenda.

Question with Notice No. 15.5 Agglomerated Data on Dwelling Supply in Byron Shire

The tables below break down the Development (DA) and Complying Development (CDC) applications approved during the calendar years from 2012 to 2017.

 

It is not possible to provide the level of detail requested in the question above as information collected and collated by Council does not necessary correlate.  As such the breakdown in the response provided below is based on that information that is readily able to be accessed and presented by staff from Council records or other sources.

 

Dwellings

 

The figures show number of dwelling (or studios) approved during these periods, not the number of applications. It should be noted that bedroom numbers are not recorded on Council’s electronic register and therefore have not been included in the data. To capture this information each application would need to be individually reviewed by a staff member, a task that is not resourced to be done.

 

The Census includes a question on the number of bedrooms per household which may be of use in this regard.  A link to the Byron Community profile web follows: https://profile.id.com.au/byron

 

2017

No. of Dwellings

 

Rural

128

 

Dual Occupancy

26

 

Dwelling

47

 

Secondary Dwelling

37

 

Studio

4

 

Tourist Facility

14

 

Urban

276

 

Dual Occupancy

23

 

Dwelling

65

 

Medium density development

70

 

Residential Units

3

 

Secondary Dwelling

113

 

Studio

2

 

Grand Total

404

 

2016

No. of Dwellings

Rural

150

Cabin - Rural Tourist

3

Dual Occupancy

22

Dwelling

56

Secondary Dwelling

46

Studio

10

Tourist Facility

19

Urban

282

Dual Occupancy

22

Dwelling

103

Medium density development

15

Residential Units

17

Secondary Dwelling

115

Studio

4

Tourist Facility

6

Grand Total

432

 

2015

No. of Dwellings

 

Rural

119

 

Aged Care Units

4

 

Cabin - Rural Tourist

2

 

Dual Occupancy

14

 

Dwelling

52

 

Secondary Dwelling

27

 

Studio

13

 

Tourist Facility

7

 

Urban

287

 

Dual Occupancy

39

 

Dwelling

99

 

Medium density development

18

 

Residential Units

19

 

Secondary Dwelling

102

 

Studio

3

 

Tourist Facility

7

 

Grand Total

406

 

2014

No. of Dwellings

Rural

106

Dual Occupancy

11

Dwelling

57

Secondary Dwelling

22

Studio

13

Tourist Facility

3

Urban

235

Dual Occupancy

34

Dwelling

99

Residential Units

17

Secondary Dwelling

79

Studio

6

Grand Total

341

2013

No. of Dwellings

Rural

74

Dwelling

44

Dual Occupancy

6

Studio

6

Tourist Facility

7

Secondary Dwelling

11

Urban

155

Dwelling

58

Dual Occupancy

32

Studio

1

Medium Density Development

5

Secondary Dwelling

59

Grand Total

229


 

2012

No. of Dwellings

Rural

76

Dwelling

46

Dual Occupancy

3

Studio

8

Secondary Dwelling

7

Tourist Facility

12

Urban

240

Dwelling

67

Dual Occupancy

26

Residential Unit

15

Studio

4

Medium Density Development

72

Secondary Dwelling

56

Grand Total

316

 

Subdivisions

It should be noted that lot sizes are not recorded on Council’s electronic register and therefore have not been included in the data in Table 1. To capture this information each application would need to be individually reviewed by a staff member, a task that is not resourced to be done.

 

Table 1 below shows the number of lots approved between 2012-2017.

Table 1

Rural

Urban

Total

2017

32

38

70

2016

53

50

103

2015

36

17

53

2014

55

42

97

2013

20

394 *

414

2012

122

140

262

Source: Authority

Notes:

Does not include strata subdivision

Does not distinguish between properties created with or without dwelling entitlements

* State Government approvals and concept approval for Bayside Brunswick Heads

 

Table 2 shows the breakdown of lots registered (i.e. constructed) between 2012 and 2017 including lot sizes (derived from Council’s GIS software). These lots do not indicate if there is a dwelling entitlement as that data is not available on Council’s GIS software.

Table 2

<800

>800 and <1000

>1000

Total

2017

39

14

110

163

2016

34

20

110

164

2015

87

25

105

217

2014

32

12

90

134

2013

49

22

59

130

2012

31

9

66

106

Source: Geocortex

Notes:

Does not include strata subdivision

Does not distinguish between properties created with or without dwelling entitlements

Does not does not break down if the subdivision was a boundary adjustment or torrens (i.e. additional lot/s)

A further response to update the data to include the period 2017 -2020 will be provided in the next available Council Meeting Agenda.

 


 

 

 

Confidential Reports - General Manager

 

Report No. 16.1         Confidential - Lease to AFL Queensland Limited

File No:                       I2021/79

 


21-054

Resolved:

1.      That pursuant to Section 10A(2)(c) of the Local Government Act, 1993, Council resolve to move into Confidential Session to discuss the report Lease to AFL Queensland Limited.

2.      That the reasons for closing the meeting to the public to consider this item be that the report contains:

a)      information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

3.      That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as: Disclosure could prejudice Councils position in negotiations to lease                                (Cameron/Richardson)

The motion was put to the vote and declared carried.

 

21-055

Resolved that Council authorise the General Manager to offer to AFL Queensland Limited the Draft Lease in Attachment 1 to this Report.                   (Cameron/Richardson)

The motion was put to the vote and declared carried.

 

 

Procedural Motion

21-056

Resolved that the meeting move out of confidential session.       (Cameron/Richardson)

The motion was put to the vote and declared carried.

 

There being no further business the meeting concluded at 2:30pm.

 

I hereby certify that these are the true and correct Minutes of this Meeting

as confirmed at Council’s Ordinary Meeting on 25 March 2021.

….…………………………

Mayor Simon Richardson