Minutes
Planning Meeting
Thursday, 20 June 2019
BYRON SHIRE COUNCIL
Planning Meeting Minutes
20 June 2019
The following items are listed in the order in which they were dealt with.
Report No. 6.4 Integrated Pest Management Strategy for Public Exhibition
Report No. 6.6 Report of Planning Review Committee held on 9 May 2019
Report No. 6.2 26.2016.4.1 - Rural Event Sites Planning Proposal - Submissions Report and Next Steps
Report No. 6.5 PLANNING - Employment Lands Strategy - Submissions Report
Report No. 6.8 Lot 130 Tallowood Estate Mullumbimby
Report No. 6.5 PLANNING - Employment Lands Strategy - Submissions Report
Report No. 6.9 Rural Tourism Accommodation Development
BYRON SHIRE COUNCIL
Planning Meeting Minutes 20 June 2019
MINUTES OF THE BYRON SHIRE COUNCIL Planning Meeting HELD ON Thursday, 20 June 2019 COMMENCING AT 11.04AM AND CONCLUDING AT 4.10PM
I2019/928
PRESENT: Cr S Richardson (Mayor) (left at 3.30pm), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter, Cr M Lyon, Cr J Martin and Cr S Ndiaye
Staff: Mark Arnold (General Manager)
Vanessa Adams (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)
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:
6.1 Net Zero Emissions Strategy for Council Operations 2025 - update on public exhibition submissions and final Strategy
Duncan Dey addressed Council in favour of the recommendation.
6.2 26.2016.4.1 - Rural Event Sites Planning Proposal - Submissions Report and Next Steps
Matthew O’Reilly (CABS) and Carmen Finch addressed Council in favour of the recommendation.
Francesca Esposito and Peter Gibson addressed Council against the recommendation.
6.3 PLANNING - 24.2018.64.1 - Submissions Report for DCP 2014 and 2010 Amendments - Community Significant Development
Len Bates addressed Council in favour of the recommendation.
6.5 PLANNING - Employment Lands Strategy - Submissions Report
Matthew O’Reilly (CABS) and Peter O’Connor addressed Council in favour of the recommendation.
John McIntosh and Ian Holmes addressed Council against the recommendation.
6.8 Lot 130 Tallowood Estate Mullumbimby
Deborah Lilly (Friends of Mooibal Spur) addressed Council against the recommendation.
6.10 PLANNING - 10.2018.384.1 Use of existing structure as a Dwelling House and Alterations and Additions to create Dual Occupancy (detached), Alterations and Additions to existing Dwelling House including Expanded Dwelling Module, Tree Removal and Upgrade existing Wastewater System at 183 Coopers West Lane Main Arm
Chris Lonergan, Duncan Dey and Ewan Willis addressed Council in favour of the recommendation.
6.11 PLANNING - 10.2018.466.1 Demolish Existing Dwelling House and Construct New Dwelling House and Swimming Pool at 61 Kingsley Street Byron Bay
Chris Lonergan and David Arter addressed Council in favour of the recommendation.
David Arter addressed Council regarding the recommendation.
6.13 PLANNING -10.2018.486.1 Redevelopment of Brunswick Heads Surf Life Saving Club including Demolition works and Construction of New Surf Club Building containing Training Rooms, Storage Areas, Canteen, Amenities and Foyer at Ground Level and an Additional Training Room, Bar Areas, Kitchen, Amenities, Storage Areas, Cool Rooms, Function Area and Deck Areas within the Upper Floor at South Beach Road Brunswick Heads
Ray Linabury addressed Council in favour of the recommendation.
John Dunn, representing Brunswick Heads Progress Association, addressed Council against the recommendation.
The meeting adjourned at 12.52pm for lunch and reconvened at 1.39pm.
A leave of absence has previously been granted for Cr Spooner.
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Hunter declared a non-pecuniary interest in Report 6.10. The nature of the interest being that he has been approached by the applicant to assist with understanding of the process in approval of his application and in the time it has taken to come before Council. Cr Hunter elected to remain in the Chamber and will participate in discussion and the vote.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the Planning Meeting held on 16 May 2019 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
Sustainable Environment and Economy
Report No. 6.1 Net Zero Emissions Strategy for Council Operations 2025 - update on public exhibition submissions and final Strategy
Report No. 6.2 26.2016.4.1 - Rural Event Sites Planning Proposal - Submissions Report and Next Steps
Report No. 6.5 PLANNING - Employment Lands Strategy - Submissions Report
Report No. 6.8 Lot 130 Tallowood Estate Mullumbimby
Report No. 6.9 Rural Tourism Accommodation Development
Report No. 6.10 PLANNING - 10.2018.384.1 Use of existing structure as a Dwelling House and Alterations and Additions to create Dual Occupancy (detached), Alterations and Additions to existing Dwelling House including Expanded Dwelling Module, Tree Removal and Upgrade existing Wastewater System at 183 Coopers West Lane Main Arm
Report No. 6.13 PLANNING -10.2018.486.1 Redevelopment of Brunswick Heads Surf Life Saving Club including Demolition works and Construction of New Surf Club Building containing Training Rooms, Storage Areas, Canteen, Amenities and Foyer at Ground Level and an Additional Training Room, Bar Areas, Kitchen, Amenities, Storage Areas, Cool Rooms, Function Area and Deck Areas within the Upper Floor at South Beach Road Brunswick Heads
The remaining Recommendations were adopted as a whole, being moved by Cr Richardson and seconded by Cr Lyon. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 19-260 and concluding with Resolution No. 19-266.
Staff Reports - Sustainable Environment and Economy
|
Report No. 6.4 Integrated Pest Management Strategy for Public Exhibition File No: I2019/644
|
Resolved that Council endorse public exhibition of the draft Integrated Pest Management Strategy for six weeks from 24 June to 2 August 2019. (Richardson/Lyon) |
|
Procedural Motion
|
Resolved that Council change the order of business to deal with Reports 6.1, 6.2, 6.5, 6.8, 6.10 and 6.13 next on the Agenda. (Richardson/Hunter) The motion was put to the vote and declared carried. |
|
Report No. 6.2 26.2016.4.1 - Rural Event Sites Planning Proposal - Submissions Report and Next Steps File No: I2018/2399
|
|
Moved: That Council not proceed with the planning proposal as the proposed clause is inconsistent with the zone objectives of RU2. (Cameron/Coorey) |
|
Procedural MotionS
|
Resolved that Cr Cameron be granted a two minute extension to his speech. (Richardson/Lyon) The motion was put to the vote and declared carried. |
Resolved that Cr Richardson be granted a one minute extension to his speech. (Ndiaye/Lyon) The motion was put to the vote and declared carried. |
Resolved that Cr Coorey be granted a two minute extension to her speech. (Richardson/Lyon) The motion was put to the vote and declared carried. |
The motion (Cameron/Coorey) was put to the vote and declared lost.
Crs Coorey, Cameron and Hackett voted in favour of the motion.
Crs Martin, Lyon, Ndiaye, Richardson and Hunter voted against the motion.
Moved:
1. That Council forward the amended Planning Proposal (Attachment 1 E2019/23021) to NSW Department of Planning, Industry and Environment for an amended Gateway Determination, to provide an approval mechanism for rural event sites in the RU2 Rural Landscape Zone.
2. That, following Gateway, if required, the Planning Proposal be publicly exhibited for a period of 28 days; and following this time a further report be put to Council.
3. That Council review existing planning provisions relating to restaurants in the rural zones, to ensure that the controls adequately protect rural amenity and prevent disturbance to neighbours. (Richardson/Lyon)
The motion was put to the vote and declared lost.
Crs Martin, Lyon and Richardson voted in favour of the motion.
Crs Coorey, Ndiaye, Cameron, Hackett and Hunter voted against the motion.
|
Procedural Motion |
Resolved that Cr Richardson be granted a one minute extension to his speech. (Ndiaye/Coorey) The motion was put to the vote and declared carried. |
Moved:
1. That Council not approve the Rural Event Sites Planning Proposal until further work is done on the Proposal to create further certainty for residents of rural areas, in particular:
· that clarity be sought on Land and Environment Court decisions on functions in RU1 and RU5 and the potential impact that this additional usage could have;
· that the Planning Proposal should integrate with Council’s Sustainable Visitation Strategy to ensure the sustainability of the activity in the context of the greater tourism numbers;
· that a protocol for acoustic monitoring be developed in consultation with experts in the field, residents and event industry representatives;
· that any agreed complaint and compliance protocol include a hotline that is answered by a Council staff member and can direct compliance staff to respond immediately
2. That the Proposal is amended to limit the numbers of event days to 10 per calendar year
3. That any proposed development site is accessed by way of a sealed road with an average pavement width over 6m wide with sufficient capacity for the traffic volume and type generated by the function centre, and that buses are able to access and exit the property
4. That a lawfully erected dwelling house or dual occupancy (attached) is situated on the land, or a dwelling house may be erected on the land under this Plan, and
5. That any proposed development is further than 40m from a waterway, and
6. That the proposed development is further than 100m from,
i. an endangered ecological community, or
ii. threatened species habitat, or
iii. high bushfire risk vegetation, and
7. That the proposed development is not in a flood planning area, and
8. That the proposed development does not include an ancillary caretaker’s or manager’s residence, and
9. That the use of the site for events will only occur alongside ongoing existing agricultural uses of the land. (Coorey/Hackett)
|
Procedural MotionS |
Resolved that Cr Coorey be granted a two minute extension to her speech. (Richardson/Hackett) The motion was put to the vote and declared carried. |
Resolved that the motion be put. (Richardson/Hunter) The motion was put to the vote and declared carried. |
The motion (Coorey/Hackett) was put to the vote and declared lost.
Crs Coorey, Cameron and Hackett voted in favour of the motion.
Crs Martin, Ndiaye, Lyon, Richardson and Hunter voted against the motion.
Moved:
1. That Council forward the amended Planning Proposal (Attachment 1 E2019/23021) to NSW Department of Planning, Industry and Environment for an amended Gateway Determination, to provide an approval mechanism for rural event sites in the RU2 Rural Landscape Zone, RU1 Primary Production Zone and R5 Large Lot Residential Zone.
2. That, following Gateway, if required, the Planning Proposal be publicly exhibited for a period of 28 day; and following this time a further report be put to Council.
3. That Council review existing planning provisions relating to restaurants in the rural zones, to ensure that the controls adequately protect rural amenity and prevent disturbance to neighbours. (Ndiaye/Hunter)
AMENDMENT
1. That Council forward the amended Planning Proposal (Attachment 1 E2019/23021) to NSW Department of Planning, Industry and Environment for an amended Gateway Determination, to provide an approval mechanism for rural event sites in the RU2 Rural Landscape Zone and RU1 Primary Production Zone.
2. That, following Gateway, if required, the Planning Proposal be publicly exhibited for a period of 28 day; and following this time a further report be put to Council.
3. That Council review existing planning provisions relating to restaurants in the rural zones, to ensure that the controls adequately protect rural amenity and prevent disturbance to neighbours .(Richardson/Martin) |
|
Procedural Motion
|
Resolved that the motion be put. (Richardson) The motion was put to the vote and declared carried. |
The amendment was put to the vote and declared carried.
Crs Martin, Lyon, Ndiaye, Richardson, Cameron and Hunter voted in favour of the amendment.
Crs Coorey and Hackett voted against the amendment.
The amendment upon becoming the substantive motion was put to the vote and declared carried.
Crs Martin, Lyon, Ndiaye, Richardson, Hunter voted in favour of the amendment.
Crs Coorey, Cameron and Hackett voted against the amendment.
AMENDMENT
The Mayor left the meeting at 3.30pm and did not return. The Deputy Mayor took the Chair.
AMENDMENT
|
Procedural Motion
|
Resolved that Report No. 6.5 be lifted from the table. (Lyon/Coorey) The motion was put to the vote and declared carried. |
|
Report No. 6.13 PLANNING -10.2018.486.1 Redevelopment of Brunswick Heads Surf Life Saving Club including Demolition works and Construction of New Surf Club Building containing Training Rooms, Storage Areas, Canteen, Amenities and Foyer at Ground Level and an Additional Training Room, Bar Areas, Kitchen, Amenities, Storage Areas, Cool Rooms, Function Area and Deck Areas within the Upper Floor at South Beach Road Brunswick Heads File No: I2019/847
|
Resolved that determination of Development Application 10.2018.486.1 be deferred to the Planning Meeting in August subject to further information being provided in relation to the dog access track, development contributions, parking arrangements, the footprint and ensured preservation of the coastal dune. (Ndiaye/Lyon) |
|
Procedural Motion
|
Resolved that Cr Ndiaye be granted a one minute extension to her speech. (Lyon/Coorey) The motion was put to the vote and declared carried. |
The motion (Ndiaye/Lyon) was put to the vote and declared carried.
Crs Coorey, Martin, Lyon, Ndiaye, Cameron, Hackett and Hunter voted in favour of the motion.
Nil Councillors voted against the motion.
There being no further business the meeting concluded at 4.10pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 15 August 2019.
….…………………………
Mayor Simon Richardson