Minutes
Ordinary (Planning) Meeting
Thursday, 8 September 2022
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes
8 September 2022
The following items are listed in the order in which they were dealt with.
Report No. 14.1 Report of the Local Traffic Committee Meeting held on 12 August 2022
Notice of Motion No. 9.1 North Byron Parklands - Splendour in the Grass 2022
Notice of Motion No. 9.2 CONFIDENTIAL – Fines imposed on house in Stuart Street
Notice of Motion No. 9.3 Wallum Place Affordable Housing Investigation.
Notice of Motion No. 9.4 Stormwater Investigation Requirements
Report No. 13.1 Outcome of NSW Flood Inquiries
Report No. 13.10 PLANNING - Use of zipline ancillary to a primitive camping ground
Report No. 13.11 Place Planning Collective Expression of Interest Candidate Selection
Report No. 13.10 PLANNING - Use of zipline ancillary to a primitive camping ground
Report No. 13.12 PLANNING - Quarter 2 SEPP Variations April to June 2022
Question With Notice No. 15.1 A Lesser Landslip on Federal Drive
Question With Notice No. 15.2 Peer Review of Lot 22 Planning Proposal.
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 8 September 2022
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 8 September 2022 COMMENCING AT 11:08AM AND CONCLUDING AT 5.27PM
I2022/1193
PRESENT: Cr M Lyon (Mayor), Cr S Balson, Cr C Coorey (left at 2.50pm), Cr D Dey, Cr A Hunter, Cr S Ndiaye, Cr A Pugh (left at 3.36pm), Cr M Swivel (left at 4.18pm), and Cr P Westheimer
Staff: Mark Arnold (General Manager)
Esmeralda Davis (Acting Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Chris Larkin (Manager Sustainable Development)
Ralph James (Legal Counsel)
Amber Evans Crane (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.
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 Organisation |
Via |
|
9.1 |
North Byron Parklands - Splendour in the Grass 2022 |
For |
Kathy Norley |
South Golden Beach Community Association |
In person |
9.2 |
Fines imposed on house in Stuart Street |
For |
Mandy Nolan |
No |
In person |
13.2 |
PLANNING - 26.2022.1.1 Submissions report to permit secondary dwellings and dual occupancies on rural multiple occupancy and community title sites |
For |
Avital Sheffer |
Northern Rivers Intentional Communities (NRIC) |
In person |
Against |
John Anderson |
No |
Read by staff |
||
13.4 |
PLANNING - 10.2021.470.1 Alterations & Additions to Mullumbimby Ex Services Club at Dalley Street Mullumbimby |
For |
Ross Tucker |
Mullumbimby Ex Services Club |
In person |
13.5 |
Section 8.2 Review of Determination 10.2021.693.1 Use of Alterations to Shed and Deck 2 Hamiltons Lane Byron Bay |
Against |
Jim Mott |
No |
Zoom |
Christopher Raymond Lonergan |
No |
In person |
|||
13.6 |
PLANNING - Section 4.55 Modification 10.2014.743.4 to require Stage 4 to be carried out before Stage 3, modification to the design of the Stage 4 residential 5 development and completion of the Stage 5 driveway as part of Stage 4 |
Against |
Callum Sked |
No |
Zoom |
Submissions
Subject |
Name |
Representing Organisation |
Via |
DRAFT PROPOSAL- consent to use and occupy Council owned land, or part thereof, for the purpose of building a proof-of-concept prototype movable tiny house cluster, permaculture garden and community, to provide affordable housing for a socially diverse group of residents at risk or experiencing homelessness and essential workers |
Genevieve Lee |
ONE ROOF BYRON INC |
In person |
Confirming statement re rail corridor by Michael Lyon |
Lydia Kindred |
Northern Rivers Rail Ltd |
Read by staff |
Question No. 1 – Place Planning Collective
Lauren Julian asked the following question:
Can the new members of the Place Planning Collective be discussed at the next meeting and decided upon so we can resume our meetings please?
The Mayor responded that:
We are certainly going to deal with that item today.
Question No. 2 – Community Title Sites
John Anderson asked the following question:
A lot of rural landowners have in recent times constructed huge so called “Machinery Sheds’ and immediately fitted them out for comfortable accommodation sometimes with upstairs and downstairs. If the staff proposal for dual occupancy of Community Titles Sites is approved, would Council count such construction as the secondary dwelling or will Council continue to pretend that it’s just a machinery shed so that we might end up with 3 dwellings per site?
The Director Sustainable Environment and Economy took the question on notice.
Question No. 3 – LEP and DCP Documents
John Lazarus asked the following question:
Can Council give any reason why residents shouldn’t just burn these LEP and DCP documents in protest, and act outside of Council to facilitate the actual Community's aspirations for Byron?
The Mayor took the question on notice.
The meeting adjourned at 12.47pm for a lunch break and reconvened at 1.37pm.
There were no apologies.
Applications to Attend by Audio-Visual Link
There were no applications to attend by audio-visual link.
There were no requests for leave of absence.
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Lyon declared a not significant non-pecuniary interest in Report 13.2. The nature of the interest being that he lives on an Multiple Occupancy with approval to Community Title which is partly owned by his Aunt. Cr Lyon elected to remain in the Chamber and will participate in discussion and the vote.
Tabling of Pecuniary Interest Returns
There were no Pecuniary Interest Returns tabled.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the Ordinary (Planning) Meeting held 11 August 2022 be confirmed. (Ndiaye/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
Corporate and Community Services
Report No. 13.1 Outcome of NSW Flood Inquiries
Sustainable Environment and Economy
Report No. 13.2 PLANNING - 26.2022.1.1 Submissions report to permit secondary dwellings and dual occupancies on rural multiple occupancy and community title sites
Report No. 13.4 PLANNING - 10.2021.470.1 Alterations & Additions to Mullumbimby Ex Services Club at Dalley Street Mullumbimby
Report No. 13.7 PLANNING - 10.2020.568.1 - Use of the site for the operation of a Landscaping Material Supplies business including an amenities building and use of shed - 320 McAuleys Lane MYOCUM
Report No. 13.10 PLANNING - Use of zipline ancillary to a primitive camping ground
Report No. 13.11 Place Planning Collective Expression of Interest Candidate Selection
Report No. 13.12 PLANNING - Quarter 2 SEPP Variations April to June 2022
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr Lyon
and seconded by Cr Hunter. Each recommendation is recorded with a separate
resolution number commencing at Resolution No. 22-443 and concluding with
Resolution No. 22-451.
Staff Reports - Sustainable Environment and Economy
Reports of Committees - Infrastructure Services
Resolved that Council adopts the following Committee Recommendation: Report No. 6.1 Proposed Accessible Parking Bay - Jonson St, Byron Bay File No: I2022/916 Committee Recommendation: That the Local Traffic Committee endorses the installation of an accessible parking space adjacent 103 Jonson Street, Byron Bay as per Attachment 1. (Lyon/Hunter) |
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 9.1, 9.2, 13.2 and 13.4 next on the Agenda. (Lyon/Coorey) The motion was put to the vote and declared carried. |
AMENDMENT:
1. That Council requests the Minister to: a) instigate an independent review of Splendour in the Grass 2022 with reference to, but not limited to, ecological impacts, health and safety, social impacts, public amenity, business impacts, and any other impacts on the Shire; b) recognise that Council is the key stakeholder for the community and should contribute to the formulation of the terms of any review; c) consider the findings of the review as a basis for the manner in which further events may occur on the site. 2. That Council and or the EPA, or the Consent Authority - being the Department of Planning - investigate that the conditions of consent for onsite sewage management are being complied with including the S68 approvals issued by Byron Shire Council. 3. That Council considers a planning agreement or Memorandum of Understanding to address the issues experienced on the site. (Pugh/Swivel) |
The amendment was put to the vote and declared carried.
Crs Coorey and Dey voted against the amendment.
The amendment upon becoming the substantive motion was put to the vote and declared carried.
|
Procedural Motion |
1. That pursuant to Section 10A(2)(a) of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the following report, Fines imposed on house in Stuart Street. 2. That the reasons for closing the meeting to the public to consider this item be that the report contains confidential information and attachments relating to a person. 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 of the confidential information could raise personal matters concerning particular individuals (other than councillors) (Pugh/Lyon) The motion was put to the vote and declared carried. |
Cr Coorey left the meeting at 2.50pm and did not return.
|
Notice of Motion No. 9.2 Fines imposed on house in Stuart Street File No: I2022/1015
|
1. revokes the $3,000.00 fine imposed on Nicole Haberecht over the painting of her (now former) house in Stuart Street, on compassionate and hardship grounds; 2. advises Revenue NSW that the fine has been revoked and that all instalments paid by Ms Haberecht be reimbursed; 3. reviews the colour restrictions applying to houses in the general heritage conservation area with a view to liberalising the range of colours from which a home owner may choose; 4. advises home owners of the free “Minor Works and Maintenance Application” set out in Council’s Fact Sheet titled “Consent requirements for Heritage Items and Heritage Conservation Areas” in any future colour disputes. (Lyon/Balson) The motion was put to the vote and declared carried. Cr Coorey was not present for the vote. |
|
Procedural Motion |
Resolved that the meeting move out of confidential session. (Lyon/Ndiaye) The motion was put to the vote and declared carried. Cr Coorey was not present for the vote. |
Staff Reports - Sustainable Environment and Economy
Cr Pugh left the meeting at 3.36pm and did not return.
There was no Mayoral Minute.
Notices of MOtion
Splendour in the Grass Regulatory Working Group (RWG) Meeting
Cr Swivel gave a delegates report on a recent Splendour in the Grass RWG meeting. Cr Swivel noted that various stakeholders and Council and Community representatives were present. Issues discussed included safety, accessibility, and capacity of the festival.
State Resilience 2030 Meeting
Cr Ndiaye gave a delegates report on a recent State Resilience 2030 meeting. Attendees included Resilience NSW and local council area representatives. A discussion took place regarding the 2030 vision for social, economic, natural and built forms of resilience strategy.
Cr Swivel left the meeting at 4.18PM.
Staff Reports - Corporate and Community Services
|
Procedural Motion |
Resolved that Cr Dey be granted a two minute extension to his speech. (Dey/Ndiaye) The motion was put to the vote and declared carried. Cr Westheimer voted against the motion. Crs Coorey, Pugh, and Swivel were not present for the vote. |
The motion (Dey/Ndiaye) was put to the vote and declared carried.
Crs Coorey, Swivel, and Pugh were not present for the vote.
Staff Reports - Sustainable Environment and Economy
Crs Hunter, Lyon, Ndiaye, Dey and Westheimer voted in favour of the motion.
Cr Balson voted against the motion.
Cr Coorey, Pugh, and Swivel were not present for the vote
FORESHADOWED MOTION
A foreshadowed motion had been moved by Cr Lyon.
|
Procedural MotionS |
Resolved that this matter (13.10) rest on the table. (Lyon) The motion was put to the vote and declared carried. |
1. That pursuant to Section 10A(2)(a) of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the following report, Place Planning Collective Expression of Interest Candidate Selection.
2. That
the reasons for closing the meeting to the public to consider this item be
that it contains personnel matters concerning particular individuals (other
than councillors) 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 of the confidential information could disclose personal information. (Lyon/Ndiaye)
The motion was put to the vote and declared carried. |
Resolved that Council move into Committee to allow for free debate. (Lyon) The motion was put to the vote and declared carried. |
|
Procedural MotionS |
Resolved that Council move out of Committee and resume the Ordinary Meeting. (Lyon) The motion was put to the vote and declared carried Crs Coorey, Swivel, and Pugh were not present for the vote. |
Resolved that the meeting move out of confidential session. (Lyon/Ndiaye) The motion was put to the vote and declared carried Crs Coorey, Swivel, and Pugh were not present for the vote. |
The motion (Lyon/Hunter) was put to the vote and declared carried.
Crs Coorey, Swivel, and Pugh were not present for the vote.
|
Procedural Motion |
Resolved that Report No. 13.10 be lifted from the table. (Lyon) The motion was put to the vote and declared carried Crs Coorey, Swivel, and Pugh were not present for the vote. |
FORESHADOWED MOTION
Crs Hunter, Lyon, Ndiaye, Dey and Balson voted in favour of the motion.
Cr Westheimer voted against the motion.
Crs Coorey, Pugh and Swivel were not present for the vote.
|
Question With Notice No. 15.2 Peer Review of Lot 22 Planning Proposal. File No: I2022/1108
|
|
Cr Dey asks the following question: A letter of 24 December 2021 from Brett Whitworth of the NSW Department of Planning, Industry and Environment was attached to Report 13.3 in the Agenda for Council’s meeting of 9 June 2022. On page 1 of the letter, DPIE describes the content of a final peer review report for Council’s Lot 22 Planning Proposal by Judith Stubbs and Associates. That report was completed on 24 August 2021 and is attached to the letter. 1. Has the Stubbs peer review report been made public? 2. If not, can it be please? Response Director Sustainable Environment and Economy: Council received a Report No. 13.3 Residential Strategy and Lot 22 Update Agenda of Ordinary (Planning) Meeting - Thursday, 9 June 2022 (infocouncil.biz) The Peer Review Report by Judith Stubbs and Associates (as stated above) was referenced in the materials presented to Council, but the full report was inadvertently not attached to the agenda report. A copy of the report will be made available with all other relevant material relating to the Lot 22 Planning Proposal on the project web page as updated to reflect recent resolutions of Council. |
There being no further business the meeting concluded at 5.27pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 13 October 2022.
….…………………………
Mayor Michael Lyon