Minutes
Ordinary (Planning) Meeting
Thursday, 12 May 2022
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes
12 May 2022
The following items are listed in the order in which they were dealt with.
Report No. 13.4 Endorsement of Disability Inclusion Action Plan 2022-2026 for public exhibition
Report No. 13.6 PLANNING - Report of the Planning Review Committee held 7 April 2022
Report No. 13.1 Temporary accommodation leases between Council and Resilience NSW
Question With Notice No. 14.1 Development on “Linnaeus” at Broken Head.
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 12 May 2022
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 12 May 2022 COMMENCING AT 11.20AM AND CONCLUDING AT 1.06PM
I2022/511
PRESENT: Cr M Lyon (Mayor), Cr S Balson, Cr C Coorey, Cr D Dey, Cr A Hunter, Cr S Ndiaye, Cr A Pugh, Cr M Swivel 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)
Ralph James (Legal Counsel)
Ivan Holland (Planner) – item 13.5
Heather Sills (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 |
Name |
For/ Against |
Via |
|
13.5 |
PLANNING - Development Application 10.2022.71.1 Use of Lot 30 as a tourist facility / tourist accommodation |
Christine Ahern |
For |
Zoom |
Hannah Hopkinson |
For |
In person |
Question No. 1 – Strategic Planning Workshop
John Anderson submitted the following question which was read by staff:
Could the staff please help out Cr Swivel and incidentally advance the cause of glasnost (transparency and accountability) by explaining when and by what formal process the "Strategic Planning Workshop" became a de facto secret meeting that canvass matters which appear least to obsessives like myself-to have exactly zero to do with either planning or strategy?
The Mayor provided the following response:
By resolution 13-241/3 of 9 May 2013 that Strategic Planning Workshops were established. It read:
That the Strategic Planning Committee be abolished and be replaced with regular Strategic Planning Workshops which commence from 30 May 2013, to be held whenever possible on Thursdays.
The Report to Councillors at that meeting read:
Discussions with Councillors have disclosed a preference for regular Strategic Planning workshops where potential solutions and strategies for complex issues are formulated through discussions between Councillors and senior staff and these outcomes are reported to the next available Council meeting for consideration and adoption.
It is worth noting that the Code of Meeting Practice makes it clear that the Strategic Planning Workshop is aimed at briefing Councillors on business which will be considered at a future meeting. Business is not restricted to Planning or Strategy.
For my part I can say that these workshops are invaluable, in terms of dealing with Council business. It gives Councillors an opportunity to ask questions on items in an unrestricted format and environment and to critically analyse the direction and observations and assertions that are being put forward and to work on things together before going through to a formal Council process. It is that sort of collaboration and teamwork that enables a lot of understanding and communication problems to be removed from the process so that we can concentrate on the really critical issues as part of a Council meeting.
Thank you for that question.
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Procedural Motion |
Resolved that the apology from Cr Coorey be accepted and a leave of absence granted. (Lyon/Balson) The motion was put to the vote and declared carried. |
There were no requests for leave of absence.
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Hunter declared a significant non-pecuniary interest in Report 13.2. The nature of the interest being that he had personally assisted a candidate with their application for the position on ARIC. Cr Hunter 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
Resolved that the minutes of the 14 April Ordinary Meetings confirmed. (Lyon/Westheimer) 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. 13.1 Temporary accommodation leases between Council and Resilience NSW
Corporate and Community Services
Report No. 13.2 Appointment of Community Representatives to the Audit, Risk and Improvement Committee
Sustainable Environment and Economy
Report No. 13.5 PLANNING - Development Application 10.2022.71.1 Use of Lot 30 as a tourist facility / tourist accommodation
The following Recommendations 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. 22-177 and concluding with Resolution No. 22-180.
Staff Reports - Corporate and Community Services
Staff Reports - Sustainable Environment and Economy
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 13.5 next on the Agenda. (Lyon) The motion was put to the vote and declared carried. |
Staff Reports - Sustainable Environment and Economy
There was no Mayoral Minute.
There were no petitions.
There were no submissions and grants.
Cr Hunter provided a delegates’ report on the Mullumbimby Showground Committee.
Cr Ndiaye provided a delegates’ report on the Rous County Council Meeting held yesterday and will provide an updated to the next Council Meeting about the outcomes from that meeting.
Staff Reports - General Manager
AMENDMENT:
The amendment was put to the vote and declared carried.
Crs Ndiaye and Balson voted against the amendment.
The amendment upon becoming the substantive motion was put to the vote and declared carried.
Staff Reports - Corporate and Community Services
Cr Hunter left the meeting at 12.37pm.
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Procedural MotionS |
1. That
pursuant to Section 10A(2)(a) of the Local Government Act, 1993, Council
resolve into Confidential Session to discuss the following report, namely
(subject of report). 2. That
the reasons for closing the meeting to the public to consider this item be
that: 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 it involves discussion about individual nominees. (Ndiaye/Lyon)
The motion was put to the vote and declared carried. |
Resolved that Council move into Committee to allow for free debate. (Ndiaye) The motion was put to the vote and declared carried. |
Resolved that Council move out of Committee and resume the Ordinary Meeting. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
Resolved that the meeting move out of confidential session. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
Cr Hunter returned to the Chambers at 1.05pm.
|
Question With Notice No. 14.1 Development on “Linnaeus” at Broken Head. File No: I2022/411
|
|
Cr Dey asks the following questions: 2. Why do major amendments subsequent to the proposal that was advertised in April 2021 not constitute a new DA or, alternatively, why were the amendments not shared with objectors? 3. Will staff be preparing the Assessment for the NRPP, and will it be reported to Council, so that Council can determine its approach to the DA? 4. Is a Determination Date yet set, for the NRPP to determine the DA? 5. Is there a Department of Planning circular on such procedures and could it be shared please? Response Director Sustainable Environment and Economy: 1. What is the assessment status of DA 2021.170.1 for 27 New Tourist Cabins, 7 Ancillary Buildings, Addition of Deck to Existing Centre and Associated Earthworks & Vegetation Removal, and Change of Use of 14 Private Education Units to Tourist Units? PPSNTH-83/DA10.2021.170.1 Mixed Use Development comprising Twenty-Seven (27) New Eco Tourist Facility Cabins, Seven (7) Ancillary Buildings including Wellness Facility, Refuges, Depot, Addition of Deck to Existing Centre and Associated Earthworks and Vegetation Removal, and Change of Use of Fourteen (14) Private Education Accommodation Units to Eco Tourist Facility Units is under assessment. 2. Why do major amendments subsequent to the proposal that was advertised in April 2021 not constitute a new DA or, alternatively, why were the amendments not shared with objectors? The applicant provided a response to Council’s request for further information on 21 October 2021 which included an amended application. The amended application is available to submitters/the public via Council’s DA Tracker: DA Tracker - Byron Shire Council (nsw.gov.au). The Northern Regional Planning Panel (NRPP) members were briefed by Council staff on the amended application on 20 April 2022. A link to the record of briefing of the NRPP members is here: Mixed Use Development | Planning Portal - Department of Planning and Environment (nsw.gov.au) In April 2022, the NRPP set a final timeframe for the applicant to respond to information in connection with the application to enable a report to be prepared for the determination of the application. The Panel has not required the application to be re-notified. Information pertaining to the development application is otherwise uploaded to the DA tracker link above and is available to submitters/the public. 3. Will staff be preparing the Assessment for the NRPP, and will it be reported to Council, so that Council can determine its approach to the DA? The application falls under the definition of 'Regionally Significant Development' being ‘Eco-tourism development’ with a capital investment value (CIV) over $5 million. The NRPP is the determining authority. As per the Sydney and Regional Planning Panels operational procedures, staff prepare a report for the NRPP to determine. The assessment report is not to be endorsed or presented to the elected council before being sent to the Panel secretariat. Should councillors wish to make a submission on the DA to the NRPP they can do so as per below. 11.12 Council representation to the Planning Panel An elected council may make a submission on a DA within their LGA that is to be determined by a Panel up to seven days before the Panel meeting. After the assessment report is sent to the secretariat, it may be given to the elected council to assist in its decision as to whether it will be making a submission to the Panel. The elected council’s submission should not be prepared by persons involved in the assessment of the application but could be prepared by another council officer, or a consultant. A council submission should not be specifically referenced in the assessment report or recommendations prepared by the council staff. If council makes a submission, a staff representative or individual Councillors may register to address the Panel at the meeting to express the views of council. Councillors
who are also Panel members have an independent role because they have been
nominated by their council as its nominee to the Panel. 4. Is a Determination Date yet set, for the NRPP to determine the DA?
A tentative determination date has been scheduled by the Panel for June 2022. 5. Is there a Department of Planning circular on such procedures and could it be shared please? A link to the Planning Panels publications is here: Planning Panel Publications | Planning Portal - Department of Planning and Environment (nsw.gov.au) |