Planning Meeting
Minutes
21 February 2019
MINUTES OF THE BYRON
SHIRE COUNCIL Planning Meeting HELD
ON Thursday, 21 February 2019 COMMENCING AT 11.08AM
AND CONCLUDING AT 1.12PM
I2019/233
PRESENT: Cr
M Lyon (Acting Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter,
Cr J Martin and Cr S Ndiaye
Staff: Mark
Arnold (General Manager)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Ralph
James (Legal Counsel)
Chris
Larkin (Manager Sustainable Development)
Anna
Vinfield (Manager Corporate Services)
Mila
Jones (Minute Taker)
The Acting 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:
6.3 Council’s
Climate Change Adaptation Processes – Update Report
Matthew Lambourne and Craig Johnston addressed Council in
favour of the recommendation.
John Anderson addressed Council against the
recommendation.
6.5 Bangalow
Master Plan
Jenny Bird (representing the Bangalow Progress
Association and Bangalow Masterplan Guidance Group) addressed Council in
favour of the recommendation.
6.6 PLANNING
– 10.2017.678.1 Demolition of existing buildings and construction of two
(2) residential flat buildings, containing 17x3 bedrooms and 2x4 bedroom
dwellings including swimming pool, landscaping, basement car parking and strata
subdivision
Malcolm Scott addressed Council in favour of the
recommendation.
6.8 PLANNING
– 10.2018.372.1 Use of dwelling house to create dual occupancy (detached)
at 361 Huonbrook Road, Huonbrook
Stephen Toneguzzo addressed Council in favour of the
recommendation.
Duncan Dey addressed Council against the recommendation.
Cr Ndiaye left the Chambers at 11.52am.
7.1 CONFIDENTIAL
– PLANNING – Car share Pilot Implementation
John Anderson addressed Council against the
recommendation.
The meeting adjourned at 12.05pm and reconvened at 12.25pm.
Cr Ndiaye returned at the recommencement of the meeting.
Apologies
There was an apology received from
Cr Spooner.
19-001
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Resolved that the apology from Cr Spooner be accepted
and a leave of absence granted.
(Lyon/Ndiaye)
The motion was put to the vote and declared carried.
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REQUESTS FOR leave of absence
There was a request for leave of absence from Cr Richardson.
19-002
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Resolved:
1. That
leave of absence be granted to Cr. Richardson to 3 May 2019.
2. That
pursuant to the provisions of section 235A of the Local Government Act Cr
Richardson be granted a leave of absence for the following meetings of
Council on 21 February 2019, 28 February 2019, 21 March 2019, 28 March 2019,
11 April 2019 and 18 April 2019 and any Council Committee, Panel or Project
Reference Group meeting, where he is a member of that Committee, Panel or
Project Reference Group, and which is scheduled in the period of the leave of
absence granted.
3. That
during the period that Cr. Lyon acts in the office of the Mayor he is
authorised to exercise all statutory duties and responsibilities of that
office. (Cameron/Coorey)
The
motion was put to the vote and declared carried.
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Declarations
of Interest – Pecuniary and Non-Pecuniary
There were no declarations of interest.
Adoption
of Minutes from Previous Meetings
There have been no previous Planning Meetings.
Reservation
of Items for Debate and Order of Business
The Acting Mayor suspended standing orders to allow for
items to be reserved for debate, being:
Staff Reports
Sustainable Environment and Economy
Report No. 6.3 Council's
Climate Change Adaptation Processes - Update Report
Report No. 6.6 PLANNING
- 10.2017.678.1 Demolition of existing buildings and construction of two (2)
residential flat buildings, containing 17x3 bedrooms and 2 x 4 bedroom
dwellings including swimming pool, landscaping, basement car parking and strata
subdivision
The remaining 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. 19-003 and concluding with Resolution No. 19-010.
Staff
Reports - Sustainable Environment and Economy
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Report No. 6.1 Report
of the Planning Review Committee Meeting held on 29 November 2018
File No: I2018/2186
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19-003
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Resolved that Council
note the report of the Planning Review Committee meeting held on 29 November
2018. (Lyon/Hunter)
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.
No Councillors
voted against the motion.
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Report No. 6.2 26.2015.7.1
- 268 Ewingsdale Road Rezoning Planning Proposal (Ex-Sunnybrand Site)
File No: I2018/2407
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19-004
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Resolved:
1. That
future work on the Planning Proposal be put on hold until the adjacent
development applications relating to West Byron, particularly the portion
relating to industrial zoned land, have been determined.
2. That
following the determination of development applications relating to West
Byron, Council receive a further report to consider options for this Planning
Proposal.
(Lyon/Hunter)
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.
No Councillors voted against the motion.
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Report No. 6.4 PLANNING
- Land and Evironment Court Proceedings DA 10.2018.110.1 Yoga retreat and
camping ground, Coolamon Scenic Drive Mullumbimby
File No: I2019/68
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19-005
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Resolved that Council note the report regarding Land and Environment Court proceedings relating
to refusal of Development Application 10.2018.110.1, which proposed a yoga retreat
and camping ground at Coolamon Scenic Drive Mullumbimby.
(Lyon/Hunter)
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.
No Councillors
voted against the motion.
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Report No. 6.5 PLANNING
- Submissions Report on the draft Bangalow Village Plan
File No: I2019/85
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19-006
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Resolved that Council:
1. Adopt
the Bangalow Village Plan: visions and initiatives – Attachment 1
(#E2019/8581) with any necessary amendments to the Plan required for the
purposes of proof reading and formatting edits.
2. Note
following adoption of the Bangalow Village Plan: Visions and Initiatives, the
preparation of an Implementation Plan will commence to prioritise the
community priority projects identified during exhibition and the
Implementation Plan will be considered in future budget processes.
3. Recommence
work on preparing a Development Control Plan (DCP) for Bangalow town centre
(started in accordance with Resolution 14-315), which acknowledges the
initiatives from the Bangalow Village Plan and community priorities to
prepare a structure plan to inform the future DCP amendments for Station
Street and the area known as ‘The Triangle’, and consider a
budget allocation to enable this work in the 2019/20 budget process.
(Lyon/Hunter)
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.
No Councillors voted against the motion.
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Report No. 6.7 26.2018.2.1
- Planning Proposal for an amendment to Byron LEP 2014 and Byron LEP 1988 to
permit Community Title subdivision and dwellings at Lot 1 DP 1031848, Broken
Head Road, Broken Head (The Linnaues Estate)
File No: I2019/103
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19-007
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Resolved:
That Council:
1. Request
the NSW Department of Planning and Environment to issue a Gateway
determination for the planning proposal, as included at Attachment 1
(E2018/87474) which proposes to include Lot 1 DP 1031848 (The Linnaeus
Estate, Broken Head) in Schedule 1 of BLEP 2014 and Schedule 8 of BLEP 1988
to permit the Community Title subdivision of the land to create 33 small
lots, with the balance in a single community lot.
2. Prior
to forwarding the Planning Proposal to the NSW Department of Planning and
Environment for a Gateway determination, amend Attachment 1 under ‘Part
2 – Explanation of Provisions’ and table ‘Consistency with
s9.1 Directions’ to insert the following paragraph:
Additionally,
the planning proposal seeks to replicate clause ‘8’
in Schedule 1 of Byron LEP 2014 in Schedule 8 of BLEP88. This is
to ensure that all lots under a community title scheme are subject to the
same development restrictions.
3. Obtain
any further studies from the applicant if required by the Gateway
determination. Then undertake public exhibition of the planning
proposal and government agency consultation based on the Gateway
determination; and
4. Receive
a further report post-exhibition about issues raised in public and/or
government agency submissions received (if any). (Lyon/Hunter)
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.
No
Councillors voted against the motion.
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Report No. 6.8 PLANNING
- 10.2018.372.1 Use of Dwelling House to Create Dual Occupancy (detached) at
361 Huonbrook Road Huonbrook
File No: I2019/116
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19-008
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Resolved that pursuant to Section 4.16 of the Environmental Planning
& Assessment Act 1979, development application 10.2018.372.1
for use of dwelling house to create dual occupancy (detached), be granted consent subject to conditions in Attachment
3 #E2019/8091.(Lyon/Hunter)
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.
No Councillors voted against the motion.
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Confidential
Reports - Sustainable Environment and Economy
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Report No. 7.1 Confidential - PLANNING - Car Share
Pilot Implementation
File No: I2018/2396
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19-009
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Resolved that Council select Popcar as the car sharing
operator for the commencement of a 12 month pilot project. (Lyon/Hunter)
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.
No Councillors voted against the motion.
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Report No. 7.2 Confidential - Mullumbimby
Administration Building Solar Carpark - Award of Tender 2018-0060
File No: I2019/146
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19-010
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Resolved that Council
adopt the Tender Evaluation Panel recommendation that SAE Pty Ltd be
contracted to design and deliver the solar carpark at the Mullumbimby
Administration Building.
(Lyon/Hunter)
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Staff Reports - Sustainable
Environment and Economy
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Report No. 6.3 Council's
Climate Change Adaptation Processes - Update Report
File No: I2019/25
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19-011
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Resolved:
1. That
Council consider the development of an updated Climate Change Adaptation Implementation
Plan for Council operations in the preparation of the draft 2019/20
Operational Plan and an allocation of $80,000 in the preparation of the draft
2019/20 Budget.
2. That
the Climate Change Adaptation Process be made an agenda item at the next
meeting of the Sustainable Emissions Reduction Advisory Committee for
consideration.
(Coorey/Ndiaye)
The motion was put to the
vote and declared carried.
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Report No. 6.6 PLANNING
- 10.2017.678.1 Demolition of existing buildings and construction of two (2)
residential flat buildings, containing 17x3 bedrooms and 2 x 4 bedroom
dwellings including swimming pool, landscaping, basement car parking and
strata subdivision
File No: I2019/87
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19-012
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Resolved that pursuant
to Section 4.16 of the Environmental Planning & Assessment Act 1979,
development application no. 10.2017.678.1 for demolition of existing buildings and construction of two
(2) residential flat buildings, containing 17x3 bedrooms and 2 x 4 bedroom
dwellings including swimming pool, landscaping, basement car parking and
strata subdivision, be granted Deferred
Commencement (deferral period 12 months) subject to the following amendments:
Amend Condition 4 to read
4. Permanent
residential use
This development consent allows
only for the purposes of residential flat buildings only. The approved
residential use including all individual strata units are not to be used as
tourist and visitor accommodation, short term rental accommodation or holiday
let unless separate development consent has been obtained for a change of use
and or otherwise permitted under another environmental planning instrument.
Nothing within this development
consent allows for the development to be used as tourist and visitor
accommodation.
Amend Condition 101 to read
101
Strata Plan
The strata plan must be in
accordance with the approved plan/s. A strata plan administration sheet
(original plus one (1) copy), two (2) copies of the strata plan and any
necessary section 88B instrument (original plus one (1) copy) are to be
submitted with the application for a Strata Certificate if lodged with
Council. The strata scheme must have a Strata Management Statement that
includes bylaws to prohibit the use of the lots for any form of tourist and
visitor accommodation, short term rental accommodation or holiday letting
unless separately development consent has been obtained for a change of use
and or otherwise permitted under another environmental planning instrument.
Insert the Following Condition after Condition 21
# Vegetation
Management
A Vegetation Management plan to be prepared and approved by Council
prior to the issue of the Construction Certificate. The plan must be
prepared by a suitably qualified consultant (eg Ecologist) and must include:
a)
a map at a scale of 1:200 or better illustrating the location and
extent of retained vegetation on the site, including the land to be
consolidated as identified in the draft plan of subdivision of Lot 1 in
DP 1098133 and & Lot 4730 in DP 1228112 in accordance with the plan
endorsed by this consent. This map should also identify all areas where
weeds exist on the development site and areas to be rehabilitated and planted;
b)
a clear identification of responsibility for the weed removal and
rehabilitation;
c)
a list of weed species proposed for removal with specific methods
detailed of removal strategies (eg. herbicides used, disposal of propagules
in green waste, retention of native seedbank) (See Appendix 12 of the Byron
Flora and Fauna Study 1999 for weed list);
d)
a list of species proposed to be planted in rehabilitation work;
e)
provision for specific adequate plantings of plant species native to
the local vegetation community.
f)
means of protection of existing vegetation within and adjoining the
site to be preserved during the construction and operational phases of the
development.
g)
identification of all service connection locations within the site
demonstrating that all services must be located independently of and will not
be detrimental to any trees to be preserved.
Insert the following Condition after Condition 99
# Completion
of Vegetation Management Works
A minimum of 75% of the works
required under the Vegetation Management to be completed prior to the issue
of the Occupation Certificate, with the remaining works to be completed
within 2 years of the date of the occupation certificate.
Insert the following Condition after
Condition 108
# Vegetation
Management Plan
Implementation
of the vegetation management plan approved under this consent is to be
undertaken in perpetuity. (Cameron/Coorey)
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AMENDMENT
Moved: That pursuant
to Section 4.16 of the Environmental Planning & Assessment Act 1979,
development application no. 10.2017.678.1 for demolition of existing buildings and construction of two (2)
residential flat buildings, containing 17x3 bedrooms and 2 x 4 bedroom
dwellings including swimming pool, landscaping, basement car parking and strata
subdivision, be granted Deferred
Commencement (deferral period 12 months).
(Hunter/Hackett)
The amendment was put to the vote and declared lost.
Crs Hackett and Hunter voted in favour of the amendment.
Crs Coorey, Martin, Lyon, Ndiaye and Cameron voted
against the amendment.
The motion was put to the vote and declared carried.
Crs Coorey, Martin, Lyon, Ndiaye, Cameron and
Hackett voted in favour of the motion..
Cr Hunter voted against the motion.
There being no further business the meeting concluded at 1.12pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Planning Meeting on 21 March 2019.
….…………………………
Acting Mayor Michael
Lyon