Minutes
Ordinary (Planning) Meeting
Thursday, 14 October 2021
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes
14 October 2021
The following items are listed in the order in which they were dealt with.
Mayoral Minute No. 8.1 Use of public spaces for busking or other activity within the definition
Report No. 13.1 PLANNING - Report of the 2 September 2021 Planning Review Committee
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 14 October 2021
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 14 October 2021 COMMENCING AT 11.08PM AND CONCLUDING AT 4.20PM
I2021/1602
PRESENT: Cr M Lyon (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter, Cr J Martin, Cr S Ndiaye and Cr P Spooner
Staff: Mark Arnold (General Manager)
Vanessa Adams (Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
Chris Larkin (Manager Sustainable Development)
Ralph James (Legal Counsel)
Mila Jones (Minute Taker)
The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.
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 |
Representing Organisation |
Submission Received in form of |
|
13.3 |
PLANNING - DA 10.2019.343.1 (Deferred) Tourist and Visitor Accommodation Comprising Four (4) Cabins at 150 Tandys Lane, Brunswick Heads |
Stephen Eakin / Kate Singleton |
For |
|
In person |
Terry Davis |
Against |
Tandys Lane Community |
In person |
||
13.4 |
PLANNING - Development Application 10.2020.574.1 Farmstay Accommodation comprising Six (6) Cabins and a Central Facility at 219 The Saddle Road Brunswick Heads |
Peter Westheimer |
Against |
|
In person |
Thomas George |
|
Read out by staff member |
|||
13.5 |
PLANNING - Development Application 10.2020.109.1 Stage 9 Tallowood Ridge Estate Subdivision to Create Forty-Seven (47) Residential Lots |
Nicolette Jackson |
For |
Tallowood Ridge Community |
Zoom |
Peter Kotroni/Chris Lonergan |
Against |
|
In person |
The meeting adjourned at 12.07pm and reconvened at 12.38pm.
Apologies
There were no apologies.
There were no requests for leave of absence
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Coorey declared a not significant non-pecuniary interest in Report 13.3. The nature of the interest being that the owner’s son is a close friend of her son. Cr Coorey elected to remain in the Chamber and will participate in discussion and the vote.
Cr Ndiaye declared a significant non-pecuniary interest in Report 13.4. The nature of the interest being that the proponent is a fellow Greens candidate in the upcoming Local Government Election. Cr Ndiaye elected to leave the Chamber and will not participate in discussion and the vote.
Tabling of Pecuniary Interest Returns
In accordance with clause 4.9 of the Code of Conduct, Annual Returns of Interests of Councillors and Designated Staff for the period 2020 to 2021 were tabled.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the Ordinary (Planning) Meeting held 16 September 2021 be confirmed. (Coorey/Hunter) 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
Sustainable Environment and Economy
Report No. 13.1 PLANNING - Report of the 2 September 2021 Planning Review Committee
Report No. 13.2 PLANNING - Development Application 10.2020.47.1 Alterations and additions to existing tourist facility in two (2) stages at 1 Cavvanbah Street Byron Bay
Report No. 13.3 PLANNING - DA 10.2019.343.1 (Deferred) Tourist and Visitor Accommodation Comprising Four (4) Cabins at 150 Tandys Lane, Brunswick Heads
Report No. 13.4 PLANNING - Development Application 10.2020.574.1 Farmstay Accommodation comprising Six (6) Cabins and a Central Facility at 219 The Saddle Road Brunswick Heads
Report No. 13.5 PLANNING - Development Application 10.2020.109.1 Stage 9 Tallowood Ridge Estate Subdivision to Create Forty-Seven (47) Residential Lots
Report No. 13.6 PLANNING - Update to Council resolution 21-284 - Letter of Offer and Draft Voluntary Planning Agreement for Affordable Housing - 68 Rankin Drive, Bangalow
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 13.3, 13.4 and 13.5 next on the Agenda. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
Staff Reports - Sustainable Environment and Economy
The meeting adjourned at 1.20pm and reconvened at 2.10pm.
|
Procedural MotionS |
Resolved that Cr Coorey be granted a two minute extension to her speech. (Lyon/Cameron) The motion was put to the vote and declared carried. |
Resolved that Cr Spooner be granted a two minute extension to his speech. The motion was put to the vote and declared carried. |
The motion (Coorey/Cameron) was put to the vote and declared carried.
Crs Coorey, Martin, Cameron and Hackett voted in favour of the motion.
Crs Lyon, Spooner and Hunter voted against the motion.
Cr Ndiaye was not present for the vote.
Cr Ndiaye returned to the chamber at 3.47pm.
|
Report No. 13.5 PLANNING - Development Application 10.2020.109.1 Stage 9 Tallowood Ridge Estate Subdivision to Create Forty-Seven (47) Residential Lots File No: I2021/1523
|
Resolved that pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2020.109.1 for Stage 9 Tallowood Ridge Estate Subdivision to Create Forty-Eight (48) Residential Lots, of which Seven (7) of these Lots are a Community Title subdivision, and a Community Title Common Property Lot, be granted consent subject to the conditions in Attachment 2 (E2021/118644) with the following modifications: A) Add the following, in the appropriate order, to condition 47: j) Restricting development Restricting residential development within 20 metres of the northwestern boundary of proposed Lots 256 to 262 inclusive, being the boundary shared with Lot 1 DP 608876. B) Amend condition 13 to read: 13) Amended Landscaping Plan required Prior to the issue of a Construction Certificate, an amended Landscaping Plan must be submitted to, and approved by, Council. The amended Landscaping Plan must include the street trees in the approved Landscaping Plan (1002-ST9-DA32 Issue A, 20.02.20) in addition to the following: · All native trees and vegetation to be retained and incorporation of retained native trees and vegetation with the landscaping of the site; · Vegetation buffers and 1.8m high fencing between the subdivision and adjoining RU2 zoned properties to the north; and · Landscaping of the access handle to Lots 254 and 255 including screening vegetation and a 1.8m high solid fence. · Landscaping of the area between proposed Road 1-2 and the boundary of Lot 2 DP 608876 including screening vegetation and a 1.8m high solid fence. The amended Landscaping Plan must not include species that represent translocation of native plants outside their geographic range, potential or known environmental weeds or species with potential for genetic pollution. The landscaping plan must indicate: a) proposed location for planted shrubs and trees; b) botanical name of shrubs and trees to be planted; c) mature height of trees to be planted; d) location of grassed and paved areas, and e) location of native trees and vegetation identified for retention; f) timing for planting of landscape vegetation; and g) maintenance of landscaped areas. The amended Landscaping Plan must be demonstrate consistency with the General Terms of Approval from the NSW Rural Fire Service dated 13 July 2021 and must comply with Council’s Building in the Vicinity of Underground Infrastructure Policy. The plan is to be prepared by a suitably qualified landscape architect / ecologist who has appropriate experience and competence in landscaping. C) Amend condition 6) g) to read: g) Inter-allotment Drainage (IAD) Inter-allotment drainage to an approved public drainage system for each of the proposed new allotments where it is not possible to provide a gravity connection of future roof water to the kerb and gutter. Provision must be made to provide a drainage swale with reinforced turf or concrete invert surface above the IAD 300mm wide x 200mm deep. Design of rear of allotment drainage in accordance with the following tables in QUDM: · Table 7.13.4 - Design recommendations for the rear of allotment drainage system: and · Table 7.13.7 - Design considerations for the connection of allotment drainage to the trunk · drainage system The Inter-allotment drainage system for proposed Lots 244 to 253 is to be amended to divert treated stormwater into the drainage channel along the southern boundary of Lot 3 DP 608876.
Amend condition 14 to include a point (f) to read:
Consideration will be given to non-standard lighting that is less intrusive and wild life friendly, subject to approval by Council. (Ndiaye/Coorey) |
|
Procedural Motion |
Resolved that Cr Ndiaye be granted a two minute extension to her speech. (Lyon/Martin) The motion was put to the vote and declared carried. |
The motion (Ndiaye/Coorey) was put to the vote and declared carried.
Crs Coorey, Martin, Lyon, Ndiaye, Cameron, Hackett, Spooner and Hunter voted in favour of the motion.
No Councillors voted against the motion.
mayoral minute
There were no petitions tabled.
There were no submissions or grants.
There were no delegates’ reports.
Staff Reports - Sustainable Environment and Economy
There being no further business the meeting concluded at 4.20pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 4 November 2021.
….…………………………
Mayor Michael Lyon