BYRON SHIRE COUNCIL
ORDINARY MEETING MINUTES 22 MAY 2001 (1 of 19)
MINUTES OF THE BYRON SHIRE COUNCIL ORDINARY MEETING HELD ON TUESDAY 22 MAY 2001 COMMENCING AT 4.35M AND CONCLUDING AT 10.38PM
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PRESENT: Cr T Wilson (Mayor), Cr J Barham, Cr R Tardif, Cr R Higgins, Cr J Coman, Cr R Staples, Cr H Ermacora, Cr D Messiter, Cr J Mangleson and Cr R Tucker Staff: Robyn Read (General Manager), Greg Downes, Chris Pratt, David Kanaley, Phil King, Jeff Smith and Gayle Kerrigan (Minute Taker) APOLOGIES: There were no apologies. DECLARATIONS OF INTEREST Cr Tucker declared an interest in Item No. 8 “Mullumbimby – Private Water Lines” as he is the owner of a private water line. CONFIRMATION OF MINUTES Cr Higgins/Cr Tardif 01-533 Resolved that the Minutes of the Special Meeting of 24 April 2001 be confirmed. Cr Higgins/Cr Tucker 01-534 Resolved that the Minutes of the Ordinary meeting held 1 May 2001 be confirmed. Cr Higgins/Cr Tucker 01-535 Resolved that the Minutes of the Byron Shire Reserve Trust Committee Meeting held 1 May 2001 be confirmed. Cr Higgins/Cr Tucker 01-536 Resolved that the Minutes of the Environmental Planning and Local Approvals Committee held 8 May 2001 be confirmed subject to the following amendment:Resolution No. 01-532 The total of Section 94 Contributions be inserted into the table on Page 50. Cr Tucker/Cr Higgins 01-537 Resolved that the Minutes of the Special Meeting held 8 May 2001 be confirmed. CORRESPONDENCE AND PETITIONS REPORT NO. 1.
#263894
SUBJECT:
REMOVAL OF SEATING IN BURRINGBAR STREET
Director Corporate and Community Services File No: ADM100000 Ordinary Meeting Minutes 22/5/01
BYRON SHIRE COUNCIL
ORDINARY MEETING MINUTES
Cr Higgins/Cr Tucker 01-538 Resolved that the Petitions tabled on 20 March 2001 containing 183 signatures and 1 May 2001 containing 150 signatures be forwarded to the Director Construction and Maintenance Services for information. REPORT NO. 2.
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22 MAY 2001
(2 of 19)
SUBJECT:
SUPPORT SUBMISSION TO COASTAL HAZARD DEFINITION STUDY
Director Corporate and Community Services File No: ADM100000 Cr Higgins/Cr Tucker Moved: 1. That the Petition be forwarded to the Director Environmental Planning Services for information. That Council take no further legal action against people who have attempted to protect their property at Belongil from coastal erosion. That this resolution be reviewed after the completion of the Coastline Management Plan.
2.
3.
AMENDMENT Cr Wilson/Cr Coman 01-539 Resolved that the Petition be forwarded to the Director Environmental Planning Services for information The amendment was put to the vote and declared carried. Crs Tucker, Mangleson, Messiter and Higgins voted against the amendment. The amendment upon becoming the substantive motion was again put to the vote and declared carried. Crs Tucker, Mangleson, Messiter and Higgins voted against the motion. REPORT NO. 3.
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SUBJECT:
SUPPORT SUBMISSION TO BYRON SHIRE LEP NO. 66 CERTAIN URBAN COASTAL LANDS
Director Corporate and Community Services File No: ADM100000 Cr Tucker/Cr Higgins 01-540 Resolved that the Petition be forwarded to the Director Environmental Planning Services for information.
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QUESTIONS WITHOUT NOTICE 1. Spare Capacity West Byron Sewerage Treatment Works
22 MAY 2001
(3 of 19)
Cr Coman advised that she has not had a response to her previous question asked regarding the Spare Capacity at West Byron Sewerage Treatment Works. Mr Phil King advised that he thought the response had been provided. Will ensure the response will be on the next business paper. 2. Blues Festival Report
Cr Coman asked if any fines had been issued to the organisers for lack of the provision of necessary toilets for that event. The General Manager responded that no fines had been issued. Will take the question on notice and provide a written response as to why no fines have been issued. 3. Mevlana - Party
Cr Tardif asked the General Manager if she was aware of a proposed party on the 1 June at a property called Mevlana where Council is currently looking at compliance issues? If so, is Council taking any action to monitor or look at compliance issues on that evening? The General Manager advised her attention has been drawn to the party at Mevlana. There is an allegation that up to 500 people might attend. Council has an undertaking from the Mevlana people that no more than 150 people will attend which is the approval limit they have on their hall. Council cannot force a DA in anticipation that someone might break the law, so Council is assuming they will keep to their conditions. Council is seeking legal advice on that matter and has been in touch with Melaleuca properties and expressed to them the importance of adhering to the numbers of people they are licensed to carry. Cr Tardif asked that does the fact that it is a commercial venture with entrance fees being charged and also fees for refreshments/dinner or whatever make any difference to the situation as far a Development Application is concerned? Mr Chris Pratt advised that is part of the legal advice Council is obtaining. 4. Coffee Cart
Cr Jan Barham asked 1) Regarding the advertisement in the Byron Shire Echo on February 6 and describes the proposed development as “replacement of mobile coffee cart (refreshment room)”, is that the correct description of that development? Was the development advertised in a way that the Policy determines under Level 2 to have the erection of a sign on the land?
2)
Mr Chris Pratt advised that the actual application is “placement of a coffee cart (refreshment room)” on the development application applied for.
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3)
22 MAY 2001
(4 of 19)
Will there be any action taken that there is a provision of seating at that coffee cart?
Mr Chris Pratt advised that the Rangers have spoken to the owner and on inspection the milk crates have been stacked up. 5. Email - Development Wategos
Cr Jan Barham asked regarding a response to her email regarding a development at 9 Marine Parade Wategos D98/0806 which this Council approved in October 1999. Concerns whether this is being constructed in terms with the drawing plans and have asked for clarification. Has there been a check of that development against what was approved by Council? Mr Chris Pratt advised that he did reply to that email, suggesting that you come and have a look at the files, so you can highlight your concerns. Can you clarify if the development has been check? It appears to be 1metre higher than the drawings that were in Council’s papers. Have Council Staff checked that that development is proceeding with the approved drawings? Mr Chris Pratt advised it was inspected and the preliminary look was they have probably excavated soil away from the front of the building rather than constructed an incorrect height. Will have a further look if you think there is a concern. 6. Arakwal National Park and Gazettal
Cr Higgins asked is Council aware:1) of a proposal by National Parks to install a boom gate and charge an entry fee at The Pass Carpark? of a proposal to install a boom gate and charge an entry fee at Tallow Beach Carpark? of a proposal to prohibit beach access to residents of Pacific Vista Estate or any residents crossing any of the reserve onto the beach? of a proposal to charge a parking fee at the Captain Cook Carpark?
2) 3)
4)
The General Manager advised she was not aware of any of the above proposals. Cr Higgins asked if the General Manager would contact the National Parks and Wildlife Service asking them of their intentions regarding restricted access and charging of fees for any purpose in the proposed National Park and could Councillors receive the report regarding these concerns at the next Ordinary meeting. The General Manager advise she would contact the NPWS. NOTICE OF MOTION 1. Shire Wide Resident Sticker (Cr J Barham)
Cr Barham/Cr Higgins Moved:
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1. 2.
22 MAY 2001
(5 of 19)
That Council support the introduction of a Shire wide resident sticker. That Council receive a report on paid parking that incorporates the shire-wide resident sticker.
AMENDMENT Cr Ermacora/Cr Staples Moved: That Councillors be provided with unlimited parking in Station Street and provide Councillors with a sticker to advise this.
The amendment was put to the vote and declared lost. Crs Tucker, Mangleson, Messiter, Wilson, Staples, Higgins, Coman, Tardif and Barham voted against the amendment. FORESHADOWED AMENDMENT Cr Staples/Cr Wilson Moved: That Council receive a report on the feasibility and desirability of producing a shirewide resident sticker and the introduction of a paid parking sticker for visitors.
The amendment was put to the vote and declared tied. The Mayor used his casting vote and declared the amendment carried. Crs Messiter, Higgins, Coman, Tardif and Barham voted against the amendment. The amendment became the substantive motion. AMENDMENT Cr Higgins/Cr Barham 01-541 Resolved:1. That Council support the introduction of a paid parking system in Byron Bay. That Council support the introduction of a Shire wide resident sticker. That Council receive a report on a paid parking sticker system for visitors that incorporates the shire-wide resident sticker. That this report come to Council at the first Ordinary meeting in September.
2. 3.
4.
The amendment was put to the vote and declared carried. Crs Tucker, Ermacora and Staples voted against the amendment. The amendment upon becoming the substantive motion was again put to the vote and declared carried. Crs Tucker and Ermacora voted against the motion. The meeting adjourned at 6.20pm and reconvened at 6.25pm.
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RESERVATION OF ITEMS FOR DEBATE The Mayor suspended standing orders to allow for items to be reserved for debate, being: Local Approvals and Compliance Services – Director’s Reports 1. 2. Policy for New On-site Sewage Management Systems Strategy and Policy for Existing On-site Sewage Management Systems.
22 MAY 2001
(6 of 19)
Local Approvals and Compliance Services – Committee Report 3. Report of Environmental Planning and Local Approvals Committee held 9 May 2001 Item 2 Item 3 Item 9 Report of Public Hearing into Proposed Operational Land Development Application No. D00/0504 Report of Dispute Resolution/Legal Services held 30 April 2001 Item 1 Quarterly Status Report on Legal Matters 23 April 2001 Item 3 Development Application No. D00/0462 Item 7 Development Application No. D00/0369
Construction and Maintenance Services – Director’s Reports 4. 5. Tallow Creek Flood Study Removal of Picnic Tables, Burringbar Street, Mullumbimby
Water and Sewerage Services – Director’s Reports 6. 7. 8. Solid Waste Management Committee Proposal to purchase approximately 7.6 Hectares of Land from Leela Plantations Pty Ltd Mullumbimby – Private Water Lines
Corporate and Community Services – Director’s Reports 12. 14. 16. 18. Mayoral and Councillor Fees 2001/2002 Documents for signing and attaching the Council seal Amendments to Code of Meeting Practice – Policy 1.3 Capital Works – Sunrise Beach Neighbourhood park
The remaining Directors’ Recommendations and Committee Recommendations were adopted as a whole, being moved by Cr Higgins and seconded by Cr Ermacora. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 542 and concluding with Resolution No. 01-549 . WATER AND SEWERAGE SERVICES - COMMITTEE REPORTS REPORT NO. 9.
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REPORT OF BYRON BAY WASTEWATER STEERING COMMITTEE HELD ON THURSDAY 19 APRIL 2001
ENG225010
Cr Higgins/Cr Ermacora 01-542 Resolved that Council notes the report of the Byron Bay Wastewater Steering Committee of 19 April 2001.
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REPORT NO. 10.
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22 MAY 2001
(7 of 19)
REPORT OF BYRON BAY WASTEWATER STEERING COMMITTEE HELD ON WEDNESDAY 2 MAY 2001
ENG225010
Cr Higgins/Cr Ermacora 01-543 Resolved that the report of the Byron Bay Wastewater Steering Committee Meeting of 2 May 2001 be noted. REPORT NO. 11.
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REPORT OF SOLID WASTE MANAGEMENT COMMITTEE HELD ON WEDNESDAY 9 MAY 2001
ENG223510
Cr Higgins/Cr Ermacora 01-544 Resolved:1. That the report of the Solid Waste Management Committee meeting of 9 May 2001 be noted.. That an advertising campaign run for the rest of May advising there will be a Green Waste Amnesty for the month of June and that contaminated loads could be rejected.
2.
CORPORATE AND COMMUNITY SERVICES - DIRECTOR’S REPORTS REPORT NO. 13.
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SUBJECT:
INVESTMENTS
Director Corporate and Community Services File No: FIN252000 Cr Higgins/Cr Ermacora 01-545 Resolved that Council notes the record of investments for the month of April 2001. REPORT NO. 15.
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SUBJECT:
COMMITTEE MEMBERSHIP
Director Corporate and Community Services File No: ADM250000 Cr Higgins/Cr Ermacora 01-546 Resolved:1. That Council appoint the following community representatives to the committees as outlined below;
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Mrs Ursula Wynd Mrs Maureen Fernandez Ms Kristine Mulawa Mr Andrew Gibson Mr Robert Roe
22 MAY 2001
(8 of 19)
Suffolk Park Community Centre Section 355 Committee The Pocket Valley Community Centre Section 355 Committee
2. That Council accept resignations from: Mrs Pat Cooper Mr Greg Milham Ms Denise Sweeting Mrs Diana Gall Ms Linda Holland Ocean Shores Community Centre Section 355 Committee The Pocket Valley Community Centre Section 355 Committee The Pocket Valley Community Centre Section 355 Committee Brunswick Valley Community Centre Section 355 Committee Suffolk Park Community Centre Section 355 Committee
and officially thank them for their contributions to the respective committees REPORT NO. 17.
#264157
SUBJECT:
LOAN FUNDS – 2000/2001
Director Corporate and Community Services File No: FIN254000 Cr Higgins/Cr Ermacora 01-547 Resolved:1. That Council borrow loan funds in the 2000/01 financial year for the projects listed below: Project Property and Financial Information Systems Waste Management Water System Upgrade Sewer System Upgrade Total Term (years) 7 15 10 10 Amount 400,000 730,000 160,000 1,500,000 2,790,000
2. That Council provide the delegated authority to the General Manager to negotiate with financial institutions to acquire the loans listed in point one. 3. That the Council seal be affixed to the loan documentation associated with point one.
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BYRON SHIRE COUNCIL
ORDINARY MEETING MINUTES 22 MAY 2001 (9 of 19)
CORPORATE AND COMMUNITY SERVICES - COMMITTEE REPORTS REPORT NO. 19.
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REPORT OF AUSTRALIA DAY COMMITTEE HELD ON MONDAY 9 APRIL 2001
ADM151515
Cr Higgins/Cr Ermacora 01-548 Resolved that the report of the Australia Day and Centenary of Federation Committee held on 9 April 2001 be noted. REPORT NO. 20.
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REPORT OF ECONOMIC DEVELOPMENT ADVISORY COMMITTEE HELD ON WEDNESDAY, 5 APRIL 2001
COR250000
Cr Higgins/Cr Ermacora 01-549 Resolved that the report of the Economic Development Advisory Committee meeting held on 5 April 2001 be noted. ITEMS RESERVED FOR DEBATE LOCAL APPROVALS AND COMPLIANCE SERVICES – DIRECTOR’S REPORT REPORT NO. 1.
#259371
SUBJECT:
POLICY FOR NEW ON-SITE SEWAGE MANAGEMENT SYSTEMS
Director Local Approvals and Compliance Services File No: BLD951000 Cr Higgins/Cr Coman 01-550 Resolved that standing orders be suspended to allow for public access. Mr Duncan Dey addressed Council on this item. Cr Coman/Cr Ermacora 01-551 Resolved that Cr Staples be granted an extension of 1 minute to his address. Cr Ermacora/Cr Staples 01-552 Resolved that the adoption of the new On Site Sewage Management System “Design Manual” be deferred pending a comprehensive report being provided to Council on:1. The rationale for the non adoption of the Regional On-Site Strategy. 2. A detailed comparison between the Regional On-Site Strategy and the proposed BSC Strategies – particularly the options available with respect to
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approved systems. 3. The cost implications for residents of the proposed BSC Strategies. 4. The cost of the entire project which has led to the two proposed BSC Strategies. The meeting adjourned at 7.02 for the purpose of a meal break and reconvened at 7.36pm Cr Tardif/Cr Barham 01-553 Resolved that standing orders be suspended to allow for Public Questions and Public Access. PUBLIC QUESTIONS WITHOUT NOTICE 1. 1993 Car Parking Contributions Plan
22 MAY 2001
(10 of 19)
Jeff Heers asked:1) 2) Has the 1993 Car Parking Contributions Plan been officially repealed? Was the loan of $1.6M in 1993 borrowed from an outside source or was it an internal loan from the General Fund? What was the rate of interest? Was the total dollar amount of interest paid by the car-parking fund over the life of this loan? Has all the interest been paid to the General Fund?
3) 4)
5)
Mr Chris Pratt advised there was not any need to revoke the Section 94 Plan, it is completed and there are still consents referring to the Plan. The remaining questions were taken on notice. 2. Development Middleton and Marvel Street
Mr Jeff Heers asked as a ground level car park in this area would cost $30,000 it is asked again what have the residents received in dollar terms for the 2 lost spaces worth $60,000. Mr Chris Pratt advised it was a recommendation of Council and the question was taken on notice. 3. Holiday-Inn Site Development
Georgie Jeston asked why the Mayor recently voted for the Holiday-Inn site development in Byron Bay that blatantly breaks Council’s planning law in both height and storey restrictions? Was this because the staff recommendation stated that a SEPP 1 variation should be adopted on that development? The Mayor advised the matters in question were subject to a SEPP 1 which is a state mechanism for variations to a control measure and it is believed the other matter was the subject of the number of storeys which is relied on in the DCP which is linked to the number of storeys, in that it draws together the number of storeys and the optimum height. Council
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ORDINARY MEETING MINUTES 22 MAY 2001 (11 of 19)
resolved firstly the SEPP 1 was appropriate, secondly that the number of storeys was not the critical element but rather the overall height of the building, and that the 3 storeys were achievable in the maximum height set by Council at 7.5m. Georgie Jeston advised there was a height plain variation that was supported and asked if that was also SEPP 1. Mr Chris Pratt advised that was a DCP requirement that Council can vary. 4. Hypothetical DA - Height/Storey
Georgie Jeston asked hypothetically if she lodged a Development Application and wanted to change height or storey or anything like that standard applying to the zone, and the existing development around that had already done that before, or after the law had change, would she expect her Development Application to be approved on its merit? Cr Higgins advised he would vote for it. Cr Messiter advised he would vote for a third storey within a roof space as long it conforms with the 7.5m height limit. 5. Administrator
Georgie Jeston asked Cr Tucker and Cr Higgins that in previous years you have been calling for an Administrator because of the mess Council is in and have noticed that you have stopped calling for an Administrator? What has caused your change of attitude with this current Council that you are no longer calling for an Administrator? Cr Higgins advised that there is more large development in Byron Bay now and this green Council has voted for it. 6. New Development
Georgie Jeston asked why has this Council approved more new development in the last 18 months than in the entire 6 year period before that, when the last election results reflected a 60% vote for candidates not supporting development extremism? The Mayor advised that the Council is controlled in its statutory role when it sits in judgement on Development Applications. It is controlled by State requirements, EP&A Act, SEPPs and other legislation, as it is controlled by its own LEP which is gazetted and an authoritative document of State Government. At a lesser level in the hierarchy of planning instruments it is also controlled by Development Control Plans. The application of those plans are without fear nor favour is the issue which Council must always put its mind to. It is not about the philosophical thumb print being placed on a Development Application that would reflect mine or any other Councillors’ best outcome for a particular application. In other words the Mayor may not like three storeys within 7.5m and may not like a SEPP 1 objection in principal, but if the law permits it, than as a Councillor he is fettered by the law not by his personal view, to want to change the law on a particular application because he simply does not like it or the outcomes from that application do not support my philosophical view point. It is incumbent on the Mayor as a consequence and fellow Councillors to change the law where the outcomes from the application of the law do not meet the Mayor’s political or philosophical agenda. Georgie Jeston also asked why elements on this Council where it is expected that all possibilities would be exhausted before extreme development came on board. What has changed, why is this not happening any more? Ordinary Meeting Minutes 22/5/01
BYRON SHIRE COUNCIL
ORDINARY MEETING MINUTES 22 MAY 2001 (12 of 19)
The Mayor advised that Club Med was a unique circumstance, Council gave the community a free kick, and the goal was actually kicked. No-one in the community has seen the same opportunity to take any of the decisions of this Council so far to Court. It may have in the previous term as Council did on at least two occasions. The Mayor did lead the team that did that. If the Mayor was on the outside looking in at the moment he would still be looking for the cracks in Council’s armour where it had not followed the law of the land and the outcomes of applications that were given consent were inappropriate. However, it was not the Mayor’s absence from being on the outside that does not see Council as being challenged on its decisions. It is about the fact that Council is in the main delivering robust planning outcomes to the applications that come before it. They may not meet the philosophical objective of this Council or my own personal agenda, but until we change the law we can do nought about that. We would be doing less by our residents and the ratepayers of the Shire if we did. Legal costs are already a significant issue for the community. There has been little requirement to reinvent, restate the strategic objective of this Council because we have adopted very comprehensive strategic objectives that were outlined by the previous Council. They are the creation of a new LEP and the creation of new DCPs as required across the Shire. Council has maintained since September 1999 that as a primary objective. They are fundamental changes to the law about the way the built environment, the environment generally, social and cultural things will be delivered under the community of this Shire. As long as that momentum is maintained, and those initiatives within our Plan of Management and our budget expenditure, this Council is on track to change the laws that do not serve the higher ideals of the community. Cr Barham advised she would like to respond regarding why so much development is being approved. It does not appear to be clear to the general public that came about as a result of the availability of additional sewerage load that was approved by a majority of Councillors. It is important there is public recognition that 4 Councillors did stand on a platform about the green sustainable future for Byron Shire. Those 4 Councillors did stay with that commitment ensuring that capacity that was brought to our attention, some of us felt without adequate information as to where and how it came about. We knew what that was going to mean that it would be releasing the floodgate for development before Council would have managed to put in place those planning instruments and were still not addressing the overload of South Byron Sewerage Treatment Works, which there was the potential to do. 7. CAN Ticket
Georgie Jeston asked why the Mayor and Hugh Ermacora run on the CAN ticket with the other 4 Councillors and now vote on the other side. The Mayor advised he did not run on the CAN ticket, he was placed on the CAN ticket and was quite comfortable being placed on the CAN ticket because of the position of CAN as a community based organisation and was reflective of the values the Mayor holds and still holds and to go back and view the Mayor’s voting pattern over Development Applications then go to the rule books first and he will sit in any forum to debate with anyone the issues on which you are dissatisfied with his vote. To correct the issues over the ET spare capacity at West Byron Sewerage Treatment Works. The existence of the spare capacity came about during the conduct of the court case over Clause 45 where Council was refusing a development on the basis of the sewerage moratorium. It was revealed during that process that Council had made a mistake in the manner in which it had accounted one of its pump stations and to which plant that pump station was directing its sewerage load. It was impossible for Council to avoid the fact that once the correct direction of the sewerage load was facted in there was spare capacity at West Byron.
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ORDINARY MEETING MINUTES 22 MAY 2001 (13 of 19)
Cr Ermacora advised that he formally resigned from CAN in a letter to the President at a point that allowed itself to be used not as a community organisation but as a Trojan horse for party endorsed candidates. Hugh Ermacora did not get one cent from that organisation. PUBLIC ACCESS 1. New On-Site Sewage Management Report
Mr Adrian Gattenhof addressed Council on the previous report on Policy for New On-Site Sewage Management Systems and the context on the way that report came to Council. 2. Mullumbimby Youth Centre
Mr Bill Stanton representing a recently formed group called BreakOff to represent the interests of the youth of Mullumbimby – draw Councillors and staff attention to the major requirement in Mullumbimby for resources for youth in the age group of 12 to 18 years of age - suggested establishment of a Mullumbimby Youth Centre. DIRECTOR’S REPORTS CONTINUED REPORT NO. 2.
#258121
SUBJECT:
STRATEGY AND POLICY FOR EXISTING ON-SITE SEWAGE MANAGEMENT SYSTEMS
Director Local Approvals and Compliance Services File No: BLD951000 Cr Staples/Cr Higgins 01-554 Resolved that standing orders be suspended to allow for public access on this item. Mr Duncan Dey addressed Council on this item. Cr Ermacora/Cr Staples 01-555 Resolved that the Strategy and Policy for Management of Existing On-Site Sewage Systems be referred back to the Watercycle Management Committee for consideration of:1. The rationale for adopting this approach as mentioned in the report. 2. The standards by which existing systems will be judged. 3. The suitability of the information provided for public consumption.
Cr Staples/Cr Higgins 01-556 Resolved that Council amend the order of business and discuss Report No. 8 “Mullumbimby – Private Water Lines” next on the Agenda.
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REPORT NO. 8.
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22 MAY 2001
(14 of 19)
SUBJECT:
MULLUMBIMBY - PRIVATE WATER LINES
Director Water and Sewerage Services File No: ENG853530 Cr Tucker declared an interest in this item and left the Chamber at 8.34pm. Cr Higgins/Cr Staples 01-557 Resolved that standing orders be suspended to allow for public access on this item. Ann Petersen addressed Council on this item. Cr Higgins/Cr Ermacora 01-558 Resolved: 1. That Council adopt a policy to take over ownership of the private water lines to the rural areas around Mullumbimby, up to the boundary of each property. 2. That Council approve a capital works program of $323,000, to be expended over the next 3 – 4 years, to bring the rural distribution system up to Council’s standard and to replace existing anomalies within the system. Cr Tucker returned to the chambers at 8.40pm. LOCAL APPROVALS AND COMPLIANCE SERVICES - COMMITTEE REPORT REPORT NO. 3.
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REPORT OF ENVIRONMENTAL PLANNING AND LOCAL APPROVALS COMMITTEE MEETING HELD ON TUESDAY 9 MAY 2001
COR255010
ITEM NO. 2.
#259938
SUBJECT:
REPORT OF PUBLIC HEARING INTO PROPOSED OPERATIONAL LAND
Director Environmental Planning Services File No: PLN558435 Cr Higgins/Cr Tucker 01-559 Resolved that in respect to Recommendations 2 and 3 in the business paper Council accept the following recommendations arising from its consideration of the report of the Public Hearing: a) That Lots 1 and 2 DP 521030 Manfred Street Belongil be classified Operational.
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ORDINARY MEETING MINUTES 22 MAY 2001 (15 of 19)
b) That Lot B DP 371044 and lot 7 Section 3 DP 1623 Manfred Street Belongil be classified Operational. Cr Coman/Cr Tardif 01-560 Resolved that Council include a notation in the Land Register that the classification of Lot 2 Section 3 DP 1623 Manfred Street will be reviewed after completion of the Coastline Management Plan, Belongil Estuary Management Plan and determination of coastline and estuary management strategies for the Byron Bay/Belongil area. Crs Tucker, Mangleson, Messiter and Higgins voted against the motion. ITEM NO. 3.
#262100
SUBJECT:
DEVELOPMENT APPLICATION NO. D00/0504, PROPOSED ROAD TRANSPORT TERMINAL AT LOT 2, DP 606438, FOWLERS LANE BANGALOW
Director Local Approvals and Compliance Services File No: 381600D Cr Higgins/Cr Mangleson Moved: That the Applicant be invited to amend the Development Application to address the issues indicated in the report. AMENDMENT Cr Coman/Cr Tardif 01-561 Resolved that pursuant to Section 80 of the Environmental Planning and Assessment Act 1979, Development Application No. 00/0504 be refused for the reasons listed below. 1. The proposal is not consistent with the guiding principles of the Byron Local Environmental Plan 1988 as there is likely to be a negative impact on the environment. The proposal comprises activities which fall outside the definition of a “road transport terminal” as defined in the Model Provisions, 1980. The proposal is of a scale and character that is incompatible with the rural environment. The proposal is not suitable on the site as it creates a conflict in land use with nearby residents and other users of Fowlers Lane. The applicant has not demonstrated there is sufficient truck parking/manoeuvring area available. The proposal is not compatible with the rural amenity of the immediate neighbourhood, due to noise, traffic safety, visual and amenity impacts as indicated by local residents in their objections.
2.
3.
4.
5.
6.
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7.
22 MAY 2001
(16 of 19)
There is likely to be an adverse impact on the safety and amenity of the neighbourhood in that locality due to heavy vehicle movements associated with the proposed activities. The proposal would create a precedent for possible future expansion.
8.
The amendment was put to the vote and declared carried. Crs Tucker, Mangleson, Messiter and Higgins voted against the amendment. The amendment became the substantive motion. AMENDMENT Cr Higgins/Cr Tucker Moved: That this application be deferred and Council enter into discussions with the Applicant with a view that the operation can be carried out at Council’s sewerage plants or tip site. The amendment was put to the vote and declared lost. Crs Ermacora, Wilson, Staples, Coman, Tardif and Barham voted against the amendment. The substantive motion was put to the vote and declared carried. Crs Tucker, Mangleson, Messiter and Higgins voted against the motion. FORESHADOWED MOTION Cr Coman/Cr Higgins 01-562 Resolved that this Council having concluded that the site is unsuitable for the type of activities proposed in DA 00/0504 invites the owner of the land to meet to consider alternative sites as soon as possible. AMENDMENT Cr Staples/Cr Mangleson Moved: That a report be prepared on the possible provision by Council of a wash-down facility for the domestic waste contractor. The amendment was put to the vote and declared lost. Crs Tucker, Messiter, Wilson, Higgins, Coman, Tardif and Barham voted against the amendment. The motion was put to the vote and declared carried. Crs Tucker, Mangleson, Staples and Tardif voted against the motion. ITEM NO. 9.
#261685
REPORT OF DISPUTE RESOLUTION/LEGAL SERVICES COMMITTEE MEETING HELD ON MONDAY, 30 APRIL 2001
COR252010
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ITEM NO. 1.
#261771
22 MAY 2001
(17 of 19)
SUBJECT:
QUARTERLY STATUS REPORT ON LEGAL MATTERS AS AT 23 APRIL, 2001 (WILSHIRE WEBB SOLICITORS)
Director Local Approvals and Compliance Services File No: COR653000 Cr Higgins/Cr Tucker Moved: 1. That Council does not commence Class 5 proceedings against John Parkes and Bastemeyer Pty Ltd for the erection of a rock wall. That this be reviewed after the completion of the Coastline Management Plan.
2.
The motion was put to the vote and declared lost. Crs Ermacora, Wilson, Staples, Coman, Tardif and Barham voted against the motion. FORESHADOWED MOTION Cr Coman/Cr Tardif 01-563 Resolved that Council commence Class 5 proceedings against John Parkes and Bastemeyer Pty Ltd for the erection of a rock wall and initiate further prosecution for the erection of the second rock wall if appropriate. Crs Tucker, Mangleson, Messiter and Higgins voted against the motion. RESCISSION MOTION LODGED 22/5/01 ITEM NO. 3.
#260584
SUBJECT:
DEVELOPMENT APPLICATION NO. 00/0462, PROPOSED FOUR (4) LOT SUBDIVISION AT LOT 62 DP 856020, MANNS ROAD (INCLUDING QUEEN AND ARGYLE STREETS) MULLUMBIMBY
Director Local Approvals and Compliance Services File No: 1121310D x D00/0462 Cr Tucker/Cr Higgins Moved: That Council reviews the determination with a view to granting the four (4) lot subdivision and that the three (3) urban lots correspond with the zone boundary.
The motion was put to the vote and declared lost. Crs Ermacora, Wilson, Staples, Coman, Tardif and Barham voted against the motion. Cr Coman/Cr Staples 01-564 Resolved that Council declines to review the determination. Crs Tucker, Mangleson, Messiter and Higgins voted against the motion.
Ordinary Meeting Minutes 22/5/01
BYRON SHIRE COUNCIL
ORDINARY MEETING MINUTES 22 MAY 2001 (18 of 19)
ITEM NO. 7.
#261304
SUBJECT:
DEVELOPMENT APPLICATION NO. D00/0369, THREATENED SPECIES DEVELOPMENT COMPRISING 52 GROUP DWELLINGS, ON SITE SEWAGE TREATMENT FACILITY, TREE REMOVAL AND REMOVAL OF EXISTING DWELLING AT LOT 144 DP 815022 BROKEN HEAD ROAD SUFFOLK PARK
Director Local Approvals and Compliance Services File No: 1088680DxD00/0369 Cr Tucker/Cr Higgins 01-565 Resolved that due to a subsequent successful motion (01-532) of 9 May 2001 the report be noted. CONSTRUCTION AND MAINTENANCE SERVICES - DIRECTOR’S REPORTS REPORT NO. 4.
#265043
SUBJECT:
TALLOW CREEK FLOOD STUDY
Director Construction and Maintenance Services File No: ENG652225 Cr Coman/Cr Staples 01-566 Resolved:1. That Council progresses with the engagement of a consultant to complete the Tallow Creek Flood Study. 2. That Council establish a Tallow Creek Floodplain Risk Management Committee, consisting of six (6) community representatives and two (2) Councillors, to advise during the process. 3. That Council advertise for community representatives. Cr Messiter/Cr Staples 01-567 Resolved that Council amend the order of business to discuss the Confidential Item No. 7 “Proposal to Purchase Approximately 7.6 hectares of land from Leela plantations Pty Ltd“. Cr Coman/Cr Mangleson 01-568 Resolved that Council move into Confidential Session to discuss a commercial matter under Section 10(a)(2) of the Local Government Act 1993. REPORT NO. 7. CONFIDENTIAL
#262790
SUBJECT:
PROPOSAL TO PURCHASE APPROXIMATELY 7.6 HECTARES OF LAND FROM LEELA PLANTATIONS PTY LTD
Ordinary Meeting Minutes 22/5/01
BYRON SHIRE COUNCIL
ORDINARY MEETING MINUTES
Director Water and Sewerage Services File No: 982900G Cr Tucker/Cr Higgins 01-569 Resolve that Council purchase the land from Leela Plantations under the terms and conditions set out in the report Cr Mangleson voted against the motion. Cr Tardif/Cr Staples 01-570 Resolved that Council move back into open Council. The General Manager advised the public gallery that Council in Committee resolved to purchase the land from Leela Plantations under the terms and conditions set out in the report. The Mayor advised that the remaining items be deferred to a later meeting being:Report No. 5 Report No. 6 Report No.12 Report No. 14 Report No. 16 Report No. 18 Removal of Picnic Tables, Burringbar Street Mullumbimby Solid Waste Management Committee Mayoral and Councillor Fees 2001/2002 Documents for Signing and Attaching the Council Seal Amendments to Code of Meeting Practice - Policy 1.3 Capital Works - Sunrise Beach Neighbourhood Park
22 MAY 2001
(19 of 19)
The Ordinary meeting closed at 10.38pm.
I hereby certify that these are the true and correct Minutes of this Meeting as confirmed at Council’s Ordinary Meeting on 12 June 2001
.…….………………… Mayor Tom Wilson
Ordinary Meeting Minutes 22/5/01