Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

 

Planning Meeting

 

 Thursday, 20 June 2019

 

 

 


BYRON SHIRE COUNCIL

Planning Meeting Minutes

20 June 2019

 

 

INDEX OF ITEMS DISCUSSED

 

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

 

Report No. 6.3            PLANNING - 24.2018.64.1 - Submissions Report for DCP 2014 and 2010 Amendments - Community Significant Development 5

Report No. 6.4            Integrated Pest Management Strategy for Public Exhibition. 5

Report No. 6.6            Report of Planning Review Committee held on 9 May 2019. 5

Report No. 6.7            PLANNING - 26.2016.5.1 Environmental Zone Implementation Program: Stage 1 Planning Proposal 'Submissions Report' 6

Report No. 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. 6

Report No. 6.12          PLANNING - 10.2017.399.2 - S4.55 to permit use of Cavanbah Centre carpark for the Byron Farmers Market at 249 Ewingsdale Road Byron Bay. 6

Report No. 6.14          PLANNING - Proposed Amendments to Byron LEP 2014 and Byron DCP 2014 to incorporate controls for manors houses and multiple dwelling houses (terrace houses) in response to the Low Rise Medium Density Development Code. 7

Report No. 6.1            Net Zero Emissions Strategy for Council Operations 2025 - update on public exhibition submissions and final Strategy. 7

Report No. 6.2            26.2016.4.1 - Rural Event Sites Planning Proposal - Submissions Report and Next Steps  7

Report No. 6.5            PLANNING - Employment Lands Strategy - Submissions Report 10

Report No. 6.8            Lot 130 Tallowood Estate Mullumbimby. 10

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.. 11

Report No. 6.5            PLANNING - Employment Lands Strategy - Submissions Report 12

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. 14

Report No. 6.9            Rural Tourism Accommodation Development 15

 


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.

 

 

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:

 

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.

 

 

Apologies

 

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

 

19-259

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. 6.3             PLANNING - 24.2018.64.1 - Submissions Report for DCP 2014 and 2010 Amendments - Community Significant Development

File No:                        I2019/392

 

19-260

Resolved that Council adopt the amended Development Control Plan chapters in 2010 and 2014 (Attachments 1 E2019/28781, 2 E2019/28779 and 3 E2019/28771) and notify the public as required by the Regulation.                                                                                     (Richardson/Lyon)

The motion was put to the vote and declared carried.

Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett  and Hunter voted in favour of the motion.

No Councillors voted against the motion.

 

 

 

Report No. 6.4             Integrated Pest Management Strategy for Public Exhibition

File No:                        I2019/644

 

19-261

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)

 

 

 

Report No. 6.6             Report of Planning Review Committee held on 9 May 2019

File No:                        I2019/735

 

19-262

Resolved that Council note the report of the Planning Review Committee meeting held on 9 May 2019.                                                                                                                        (Richardson/Lyon)

The motion was put to the vote and declared carried.

Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett  and Hunter voted in favour of the motion.

No Councillors voted against the motion.


 

 

 

 

Report No. 6.7             PLANNING - 26.2016.5.1 Environmental Zone Implementation Program: Stage 1 Planning Proposal 'Submissions Report'

File No:                        I2019/760

 

19-263

Resolved that Council:

1.       Adopt the property-specific LEP mapping amendments identified in Table 1.

 

2.       Forward Stage 1 E zone planning proposal (as amended and contained in Attachment 3, E2019/38058) to the NSW Parliamentary Counsel’s Office requesting that a draft LEP instrument be prepared.

 

3.       Liaise with Parliamentary Counsel’s Office (PCO) as necessary to finalise the content of the draft LEP and to enable PCO to issue an Opinion that the plan can be made.

 

4.       Request that the NSW Department of Planning and Environment, as the plan-making authority in this instance, make the final LEP for notification on the NSW Government legislation website.                                                                                         (Richardson/Lyon)

The motion was put to the vote and declared carried.

Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett  and Hunter voted in favour of the motion.

No Councillors voted against the motion.

 

 

 

Report No. 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

File No:                        I2019/834

 

19-264

Resolved that pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2018.466.1 for demolish existing dwelling house and construct new dwelling house and swimming pool, be granted consent subject to the conditions of approval at the end of the report.                                                                                           (Richardson/Lyon)

The motion was put to the vote and declared carried.

Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett  and Hunter voted in favour of the motion.

No Councillors voted against the motion.

 

 

 

Report No. 6.12           PLANNING - 10.2017.399.2 - S4.55 to permit use of Cavanbah Centre carpark for the Byron Farmers Market at 249 Ewingsdale Road Byron Bay

File No:                        I2019/839

 

19-265

Resolved that pursuant to Section 4.55 of the Environmental Planning & Assessment Act 1979, that Application No. 10.2017.399.2 to permit use of Cavanbah Centre carpark for the Byron Farmers Market, be approved subject to the amended Conditions in Attachment 1 (E2019/40630).

(Richardson/Lyon)

The motion was put to the vote and declared carried.

Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett  and Hunter voted in favour of the motion.

No Councillors voted against the motion.

 

 

 

Report No. 6.14           PLANNING - Proposed Amendments to Byron LEP 2014 and Byron DCP 2014 to incorporate controls for manors houses and multiple dwelling houses (terrace houses) in response to the Low Rise Medium Density Development Code

File No:                        I2019/872

 

19-266

Resolved that Council:

1.       Agree to initiate a planning proposal to amend clause 4.1E of Byron LEP 2014, by inserting minimum lot size standards for ‘manor houses’ and ‘multi dwelling housing (terraces)’ as contained in E2019/41816 (Attachment 1).

 

2.       Forward the planning proposal to the NSW Department of Planning and Environment for a Gateway determination.

 

3.       Agree to initiate a review of Byron DCP 2014 as it relates to low rise medium density housing, and prepare a draft amendment to strengthen Byron DCP 2014 where necessary and include references to ‘manor house’ and ‘multi dwelling housing (terraces)’ development.

 

4.       Receive a further report to consider the proposed DCP amendments before proceeding to public exhibition.                                                                                            (Richardson/Lyon)

 

The motion was put to the vote and declared carried.

Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett  and Hunter voted in favour of the motion.

No Councillors voted against the motion.

 

 

 

Procedural Motion

 

19-267

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. 6.1             Net Zero Emissions Strategy for Council Operations 2025 - update on public exhibition submissions and final Strategy

File No:                        I2019/599

 

19-268

Resolved that Council endorse the attached final emissions reduction strategy, titled Net Zero Emissions Strategy for Council Operations 2025 (E2019/37526).                        (Cameron/Coorey)

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

 

19-269

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.

 

19-270

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.

 

19-271

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

19-272

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

19-273

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.

 

19-274

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

 

19-275

Resolved:

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

 

19-276

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.

 

 

 

Report No. 6.5             PLANNING - Employment Lands Strategy - Submissions Report

File No:                        I2019/533

 

19-277

Resolved that this matter rest on the table.                                                               (Coorey/Ndiaye)

The motion was put to the vote and declared carried.

 

 

 

Report No. 6.8             Lot 130 Tallowood Estate Mullumbimby

File No:                        I2019/771

 

 

Moved:

1.    That Council authorise the General Manager to enter into negotiations for the voluntary purchase of lot 130 for the purposes of either potentially a nature park co-funded by the residents of tallowwood or future affordable housing development.

 

2.    That the authority of the General Manager’s delegation be limited to the amount set out in confidential memo dated 19 June 2019 (E2019/43976)

 

3.    That the funding to facilitate the purchase be drawn from the following funding sources:

a)      Property Reserve 

b)      Property Development Reserve 

 

4.    That Council authorise the General Manager to take all steps necessary to enter into a contract to voluntary purchase Lot 130 and to sign and countersign all documents associated with the purchase of the Lot.

 

5.    That Council give notice for not less than 28 days of a proposed resolution pursuant to section 34 of the Local Government Act 1993 that lot 130 be classified “operational” under the Local Government Act 1993.                                                                                    (Lyon/Richardson)

 

AMENDMENT

 

19-278

Resolved:

1.    That Council authorise the General Manager to invite the developer to submit a modification application to development consent 10.2017.406.3 to dedicate Lot 130 as a public reserve and offset the value of the land against future development contributions.

 

2.    That the authority of the General Manager’s delegation be limited to the amount set out in confidential memo dated 19 June 2019 (E2019/43976).                                (Cameron/Ndiaye)

 

The amendment was put to the vote and declared carried.

Crs Coorey, Richardson, Cameron, Hackett and Hunter voted in favour of the amendment.

Crs Ndiaye and Lyon voted against the amendment.

 

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

Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett and Hunter voted in favour of the motion.

Nil Councillors voted against the motion..

 

The Mayor left the meeting at 3.30pm and did not return. The Deputy Mayor took the Chair.

 

 

 

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

File No:                        I2019/833

 

 

Moved:     That pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No.10.2018.384.1 for Use of existing structure as a Dwelling House and Alterations and Additions to create Dual Occupancy (detached), Alterations and Additions to existing Dwelling House, and Upgrade existing Wastewater System, be approved subject to the conditions listed in E2019/43207.                          (Hunter/Martin)

AMENDMENT

 

19-279

Resolved that determination of Development Application 10.2018.384.1 be deferred until such time as further detail can be provided in a future report to Council on: 

·            the alignment of the Right of Way through Lot 3 DP 558858 and 

·            whether any further road widening is required on this section of the right of way to satisfy the requirements of the Rural Fire Service.

·            The fire assessment be further considered                                                       (Coorey/Hackett)

The amendment was put to the vote and declared carried.

Crs Coorey, Lyon, Ndiaye, Cameron and Hackett, voted in favour of the amendment.

Crs Martin and Hunter voted against the amendment.

 

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

Crs Coorey, Martin, Ndiaye, Lyon, Cameron and Hackett voted in favour of the motion.

Cr Hunter voted against the motion.

 

 

Procedural Motion

 

19-280

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. 6.5             PLANNING - Employment Lands Strategy - Submissions Report

File No:                        I2019/533

 

19-281

Resolved:

1.       That the Employment Lands Strategy be updated to incorporate:

 

a)      a State Policy Compliance Check (see Attachment 3 E2019/38001);

b)      an overarching  servicing and infrastructure delivery framework for industrial and business land;

c)      business centre urban design principles and industrial land ‘physical form’ principles, including a requirement for a structure and staging plan for new release areas; and

d)      an ongoing review of strategy actions in terms of their need, priority and clarity.

 

2.       That at the request of the State government:

 

a)      Site 5 Bangalow East be deleted from the Employment Lands Strategy as a Possible Investigation Area;

b)      Lot 181 DP 755695 - 268 Ewingsdale Road be included in the Employment Lands Strategy as a Possible Investigation Area.

 

3.       That the Employment Lands Strategy be renamed to ‘Business and Industrial Lands Strategy’.

 

4.       That the format of the Employment Lands Strategy be refined to generally align with the template in Annexure 1 of the ‘Community Engagement and Submissions Summary Report’ (Attachment 2 E2019/19253).

 

5.       That both the Employment Lands Strategy and Background Report data be updated to:

 

a)      correct or update relevant technical data to inform policy directions and/or intended outcomes over the Strategy’s 20-year timeframe;

b)      include clarifying statements as required to improve readers understanding of the documents;

c)      refine the mapping of Industrial Precinct Investigation areas to exclude pending Environmental Zone areas.

 

6.       That the Employment Lands Strategy actions relating to the Mullumbimby, Bangalow and Brunswick Heads business centres be revised to:

 

a)      remove any references to (i) investigating an increase in building height up to 11.5m’ and (ii) the words ‘consistent with the Byron Town Centre’; and

b)      insert a new action ‘to undertake an urban design review to determine appropriate building heights’.

 

7.       That the potential expansion area as shown on ‘Figure 17: Bangalow town centre capacity analysis’ of the Employment Lands Strategy be deleted due to the limited number of submissions, lack of clear direction in the submissions, heritage designation and adopted Village Plan.

 

8.       That the potential southern expansion area as shown on ‘Figure 24: Mullumbimby town centre capacity analysis’ of the Employment Lands Strategy be deleted due to the limited number of submissions, lack of clear direction in the submissions and heritage designation.

 

9.       That a new Employment Lands Strategy action be inserted to investigate opportunities for use of the Mullumbimby surplus rail corridor lands for mixed use purposes.

 

10.     That the site specific request for 5 & 7 Browning Street Byron Bay not be included as a potential business centre expansion area, as inconsistent with the Byron Town Centre Master Plan.

 

11.     That the Sand Hills potential expansion area as shown on ‘Figure 20: Byron Bay town centre capacity analysis’ of the Employment Lands Strategy be deleted as inconsistent with the Byron Town Centre Master Plan.

 

12.     That a new Employment Lands Strategy action be inserted to update Development Control Plan provisions for business and industrial land requiring landscaped buffers along roadways to mitigate the negative visual impacts of industrial development ¾ particularly along the Highway frontage and gateways to towns.

 

13.     That the Employment Lands Strategy Action 2.1 be amended to replace words “Commence planning for the release of Gulgan east and west as new employment precincts for industrial purposes” with:

          “Commence planning investigations for the Employment Strategy Site 3 - Gulgan East and Site 4 - Gulgan West Investigation Areas for industrial and supporting business purposes as follows:

i.        business case viability and modelling (including examination of the potential for food manufacturing anchor location)

ii.       flood management

iii.      infrastructure and access (road, rail and pedestrian/cycling) servicing

iv.      environmental rehabilitation, enhancement and landscaping

v.       cultural heritage and social impact assessment”.

 

14.     That prior to reporting a final strategy back to Council for adoption before the end of the year:

a)      staff consult with the community and relevant government agencies in regard to the Gulgan North Precinct ‘A’& ‘B’ (part of Lot 2 DP 1159910, 66 The Saddle Road, Brunswick Heads), as identified in ‘Table 1’ of this report,; and

b)      update the Employment Lands Strategy to reflect the outcomes of this consultation, as applicable.

 

15.     That Council not support inclusion of the following sites as Possible Investigation Areas in the Employment Lands Strategy, for the reasons outlined in Table 1 of this report:

·        Gulgan North Precinct ‘C’& ‘D’ (part of Lot 2 DP 1159910, 66 The Saddle Road, Brunswick Heads); and

·        Lot 1 DP 940938 – Mullumbimby Road, Mullumbimby.

 

16.     That Council support Lot 4 DP 635505 - 150 Lismore Road, Bangalow, as identified in ‘Table 1’ of this report, being included in the Employment Lands Strategy as a Possible Investigation Area due to agglomeration of industrial land uses, suitable site topography, potential to connect to existing internal road network and to utilise existing access to Lismore Road.

 

17.     That Council:

a)      not support further expansion of the IN1 zone (industry) on part of Lot 7 DP 626084 – 204 Lismore Road, Bangalow, as identified in ‘Table 1’ of this report, until such time as the landowner can demonstrate legal access off Bugam Place and subdivision development has commenced on undeveloped IN1 zoned land; and

b)      if a subdivision development application has not been lodged by 1 July 2022, commence a process to rezone the undeveloped IN1 zoned land to RU1 to enable agricultural use of land consistent with the important farmland designation under the North Coast Regional Plan.

 

18.     That a new section be inserted in the Employment Lands Strategy, along with supporting criteria/principles to guide ‘Potential Anchor Location Activities’ associated with:

i         health services

ii        knowledge and creative industries

iii       co-operative business and innovation hubs.                                               (Coorey/Lyon)

 

The motion 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.

 

 

 

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

 

19-282

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

 

19-283

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.

 

 

Report No. 6.9             Rural Tourism Accommodation Development

File No:                        I2019/804

 

19-284

Resolved that Council endorse Option 2 contained in this report to review and amend Byron Local Environmental Plan 2014 and Byron Development Control Plan 2014 in relation to rural tourism/holiday cabins.                                                                                               (Lyon/Cameron)

The motion was put to the vote and declared carried.

 

 

 

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