Ordinary Council Meeting Thursday 5 October 2017

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Mayor: Cr K Milne

Councillors: P Allsop

R Byrnes (Deputy Mayor) C Cherry

R Cooper J Owen W Polglase

Minutes

Ordinary Council Meeting Thursday 5 October 2017

held at Council Chambers, Murwillumbah Civic & Cultural Centre, Tumbulgum Road, Murwillumbah commencing at the conclusion of the Planning Committee meeting which commences at 5.30pm.

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Principles for Local Government

The object of the principles for Tweed Shire Council, as set out in Section 8 of the Local Government Amendment (Governance and Planning) Bill 2016, is to provide guidance to enable council to carry out its functions in a way that facilitates a local community that is strong, healthy and prosperous.

Guiding Principles for Tweed Shire Council (1) Exercise of functions generally

The following general principles apply to the exercise of functions by Tweed Shire Council:

(a) Provide strong and effective representation, leadership, planning and decision- making.

(b) Carry out functions in a way that provides the best possible value for residents and ratepayers.

(c) Plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community.

(d) Apply the integrated planning and reporting framework in carrying out their functions so as to achieve desired outcomes and continuous improvements.

(e) Work co-operatively with other councils and the State government to achieve desired outcomes for the local community.

(f) Manage lands and other assets so that current and future local community needs can be met in an affordable way.

(g) Work with others to secure appropriate services for local community needs.

(h) Act fairly, ethically and without bias in the interests of the local community.

(i) Be responsible employers and provide a consultative and supportive working environment for staff.

(2) Decision-making

The following principles apply to decision-making by Tweed Shire Council (subject to any other applicable law):

(a) Recognise diverse local community needs and interests.

(b) Consider social justice principles.

(c) Consider the long term and cumulative effects of actions on future generations.

(d) Consider the principles of ecologically sustainable development.

(e) Decision-making should be transparent and decision-makers are to be accountable for decisions and omissions.

(3) Community participation

Council should actively engage with the local community, through the use of the integrated planning and reporting framework and other measures.

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The Meeting commenced at 6.34pm.

IN ATTENDANCE

Cr Katie Milne (Mayor), Cr Reece Byrnes (Deputy Mayor), Cr Pryce Allsop, Cr Ron Cooper, Cr James Owen and Cr Warren Polglase

Also present were Mr Vince Connell (Acting General Manager), Ms Liz Collyer (Director Corporate Services), Mr David Oxenham (Director Engineering), Mr Ray Musgrave (Acting Director Planning and Regulation), Ms Tracey Stinson (Director Community and Natural Resources), Mr Shane Davidson (Executive Officer), Mr Neil Baldwin (Manager Corporate Governance) and Miss Janet Twohill (Minutes Secretary).

APOLOGIES

Attendee Cr C Cherry has informed the General Manager that her absence is caused by a family occasion.

484

Cr P Allsop Cr R Cooper

RESOLVED that the apology of Cr C Cherry be accepted and the necessary leave of absence be granted.

The Motion was Carried

FOR VOTE - Unanimous

ABSENT. DID NOT VOTE - Cr C Cherry

DISCLOSURE OF INTEREST Nil.

CONFIRMATION OF PLANNING COMMITTEE MINUTES

1 [CONMIN-CM] Adoption of the Recommendations of the Planning Committee Meeting held Thursday 5 October 2017

485

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RESOLVED that the recommendations of the Ordinary Planning Committee Meeting held Thursday 5 October 2017 be adopted.

1 [PR-PC] Development Application DA16/0795 for a Two Lot Subdivision and Dwelling at Lot 7 DP 1178620 No. 2041 Kyogle Road, Terragon

RECOMMENDED that:

1. Council notes:

a) the alternate dwelling site identified as suitable on Lot 17 is also within the 7(l) zoning on the property and would also require clearing for the required APZ;

b) HMC consultants have identified the current elevated dwelling site on Lot 17 as superior for the treatment of on-site waste;

c) the applicant has indicated a willingness to enter into a binding agreement with Council to replace any trees required to be removed for the APZ around the existing dwelling at a ratio of 1:16 within the two lots ensuring there is no net loss of habitat within the 7(l) zone;

d) both lots are permitted to have a dwelling given that they are equal to or above 40 ha;

e) the applicant has demonstrated their dedication to biodiversity conservation on the site by voluntarily taking part in bush regeneration agreements, and

2. Council prepares draft conditions for approval for this subdivision and existing dwelling to be bought back to a future Council meeting.

2 [PR-PC] Development Application DA17/0497 for an Extended Use of a Temporary Structure for a Film Production at Lot 7007 DP 1056645 and Lot 7335 DP 1154509 Tweed Coast Road, Hastings Point

RECOMMENDED that Development Application DA17/0497 for the construction and installation of a temporary structure for a film production at Lot 7007 DP 1056645 and Lot 7335 DP1154509 Tweed Coast Road, Hastings Point for a period exceeding 30 days be approved.

3 [PR-PC] Fingal Head Building Height Review - Outcomes and Recommendations

1. The Council expresses its gratitude to those community attendees and contributors who participated and assisted staff with the Fingal Head Height of Building Review.

2. The attached Community Conversation 02 Feedback Fingal Head Building Height Review is received and noted.

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3. The existing 9 metre building height limit under Tweed Local Environmental Plan 2014 for Fingal Head is to be retained.

4. Tweed Development Control Plan 2008, Section A1 Residential and Tourist Development Code is to be amended to include a 2 storey

‘character’ design height limit to operate in concert with existing 9 metre height of building limit under the Tweed Local Environmental Plan 2014, for all residential or mixed-use development in Fingal Head; and

5. The amendment described above is to include:

a. character statements describing the existing and desired future character of Fingal Head, those elements that distinguish it as a unique place to live and are highly valued by the community that lives there; and

b. planning principles to guide the design of new development, having specific regard to the varying contextual conditions and constraints;

including, flood liable land, sloping sites and smaller (village) allotments; and

6. The 2 storey ‘character’ design height limit described above is to be incorporated into the Tweed Local Environmental Plan 2014, at the earliest practicable time.

7. Roof-deck design guidelines are to be prepared for incorporation into the Tweed Development Control Plan 2008, Section A1 Residential and Tourist Development Code, as a uniform code for any development in the Shire, at the earliest practicable time.

8. A locality plan be prepared for the Fingal Head and Chinderah localities at the completion of the Kingscliff Locality Plan.

4 [PR-PC] Draft Aboriginal Cultural Heritage Management Plan 2017

1. Council endorses the Draft Aboriginal Cultural Heritage Management Plan 2017 for public exhibition for a minimum 60 days;

2. Community and industry information sessions, as outlined within the report, be held during the exhibition period;

3. The NSW Department of Planning and Environment be requested to provide advice on the best means for implementing or giving effect to an Aboriginal Cultural Heritage Management Plan within the Tweed’s Local Environmental Plans, or other State environmental planning instruments;

and

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4. Following review of submissions received during public exhibition a further report be submitted for Council’s consideration detailing the submissions and any proposed amendments.

5 [PR-PC] Short-term Holiday Letting - Tweed Council's Submission Reply to the NSW Department of Planning and Environment's Option Paper RECOMMENDED that the report on Short-term Holiday Letting - Tweed Council's Submission Reply to the NSW Department of Planning and Environment's Option Paper be deferred for a workshop.

6 [PR-PC] Unlawful Development and Land Use - Lot 5 DP 631620 No. 656 Upper Crystal Creek Road Upper Crystal Creek

RECOMMENDED that the matter be deferred for a site visit.

7 [PR-PC] Unauthorised Land Use and Development at Lot 5 DP 871177 No.

102 Crooks Valley Road, Crystal Creek

RECOMMENDED that this item be deferred to 2 November 2017 Planning Committee meeting.

8 [PR-PC] Variations to Development Standards under State Environmental Planning Policy No. 1 - Development Standards

RECOMMENDED that Council notes there are no variations for the month of August 2017 to Development Standards under State Environmental Planning Policy No. 1 - Development Standards.

REPORTS THROUGH THE GENERAL MANAGER REPORTS FROM THE GENERAL MANAGER LATE ITEM

486

Cr K Milne Cr P Allsop

RESOLVED that Item a1 being an Addendum item be dealt with and it be ruled by the Chairman to be of great urgency.

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a1 [GM-CM] Destination Tweed Quarterly Report - April to June 2017

487

Cr P Allsop Cr R Byrnes

RESOLVED that Council:

1. Receives and notes Destination Tweed's Quarterly Report for the April to June 2017 quarter.

2. Endorses payment of the quarterly contract instalment in accordance with contract AC2010-073 Provision of Services for Economic Development Tourism Promotion.

3. ATTACHMENT 2 and 3 are CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, because it contains:-

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.

REPORTS FROM THE DIRECTOR COMMUNITY AND NATURAL RESOURCES 2 [CNR-CM] Richmond Tweed Regional Library Deed of Agreement

488

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2. Delegates the General Manager to finalise and execute the Deed of Agreement.

3. Appoints the Lismore City Council to be Executive Council of the Richmond Tweed Regional Library.

4. Appoints the Richmond Tweed Regional Library Committee Members and one alternate Committee Member once notice has been given that the Committee has been formed.

REPORTS FROM THE DIRECTOR ENGINEERING

3 [E-CM] RFO2017082 Package 1 - Road Flood Damage Restoration See Item a5.

4 [E-CM] RFO2016114 Kingscliff Foreshore Revitalisation Construction Works - Variations Report

See Item a6.

5 [E-CM] Salt Water Inundation at Bray Park Weir

489

Cr W Polglase Cr J Owen

1. Proceeds with the community engagement and the development and assessment of options as proposed in this report.

2. Makes application for a strategic project under the NSW Government Safe and Secure Water Program.

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3. Votes the expenditure of $400,000 in the September 2017 Quarterly budget review.

The Motion was Carried FOR VOTE - Unanimous

LATE ITEM 490

Cr K Milne Cr W Polglase

RESOLVED that Items a5 and a6 being Addendum items be dealt with and it be ruled by the Chairman to be of great urgency.

PROCEDURAL MOTIONS 491

Cr K Milne Cr W Polglase

RESOLVED that Items a5, a6 and 6 be considered in block.

a5 [E-CM] RFO2017082 Package 1 for Road Flood Damage Restoration Update

492

Cr K Milne Cr P Allsop

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RESOLVED that in respect to Contract RFO2017082 Package 1 Road Flood Damage Restoration:

1. Council awards the offer to G & R Brown & Sons Pty Ltd, ABN 33 154 911 609, for the amount of $1,380,320.70 (exclusive of GST).

2. The General Manager be granted delegated authority to approve appropriately deemed variations to the contract and those variations be reported to Council six monthly and at finalisation of the contract.

3. ATTACHMENTS 1 and 2 are CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, because it contains:-

(d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret.

a6 [E-CM] RFO2016114 Kingscliff Foreshore Revitalisation Construction Works - Variations Report Update

493

Cr K Milne Cr P Allsop RESOLVED that:

1. The approved variations to date amounting to $292,259.45 (exclusive of GST) and the potential savings from the schedule of rates for Contract RFO2016114 Kingscliff Foreshore Revitalisation Construction Works be received and noted.

2. Council approves the proposal to award the community hall and amenities building reimbursement works to the current Principal Contractor, SEE Civil, as a cost plus variation to their current contract.

3. The General Manager is given delegated authority to approve additional variations and those variations reported to Council following completion of the works.

4. ATTACHMENTS 1 and 2 are CONFIDENTIAL in accordance with Section

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(d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret.

REPORTS FROM SUB-COMMITTEES/WORKING GROUPS

6 [SUB-LTC] Minutes of the Local Traffic Committee Meeting held Thursday 21 September 2017

494

Cr K Milne Cr P Allsop RESOLVED that:

1. The Minutes of the Local Traffic Committee Meeting held Thursday 21 September 2017 be received and noted; and

2. The Executive Management Team's recommendations be adopted as follows:

A1 [LTC] Eyles Avenue and Condong Street, Murwillumbah

That yellow "No Stopping" lines be installed at the intersection of Eyles Avenue and Condong Street to reinforce the existing road rules in relation to no stopping within 10m of an intersection.

A2 [LTC] Uki Water Extraction Point - Kyogle Road

That "No Parking – water extraction vehicles excepted" signage be endorsed on Kyogle Road west of the Mount Warning Hotel, just before Marshall Street.

A3 [LTC-LATE] Filming in the Tweed Proposed Road Closures

That the proposed filming activities on Clothiers Creek Road and Tweed Coast Road be supported subject to:

1. NSW Police approval being obtained.

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2. Conformance with a Traffic Management Plan and associated Traffic Control Plans implemented and controlled by Roads & Maritime Services accredited persons.

3. Community and affected business consultation addressing raised concerns including a letterbox drop to directly affected residents.

4. The event organiser notifies Tweed residents of the impact of their event by advertising in the Tweed Link at their expense a minimum of one week prior to the operational impacts taking effect. The advertising must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints.

5. Consultation with bus and taxi operators and arrangements made for provision of services during conduct of the event.

6. Adequate public liability insurance being held by the event organiser.

7. All signage erected for the event to not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event.

8. Consultation with emergency services and any identified issues addressed.

9. Arrangements made for private property access and egress affected by the event.

10. The management of beach and creek accesses, side streets and driveways for pedestrians and vehicles, needs to be addressed in the Traffic Management and Traffic Control Plans which may include sweeps of the area before filming activity commences and placement of marshalls to control accesses to the roads.

11. The filming activities on Clothiers Creek Road are not to impact on commuter and school traffic therefore activities and traffic control are to be conducted between 9.30am and 2.30pm. Direct contact is to be made with affected schools and school bus operators, at least one week prior to the filming, informing them of the expected delays.

12. Filming activities are not to be conducted before the 9 October 2017 on Tweed Coast Road.

A4 [LTC] Chinderah Bay Drive, Chinderah

That “No Parking Area 11pm – 4am” signage be installed on Chinderah Bay Drive for that road section south/west of Chinderah Road.

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CONFIDENTIAL COMMITTEE

EXCLUSION OF PRESS AND PUBLIC 495

Cr K Milne Cr J Owen

RESOLVED that Council resolves itself into a Confidential Committee in accordance with Section 10A(2) of the Local Government Act 1993 (as amended) and that the press and public be excluded from the whole of the Committee Meeting, because, in the opinion of the Committee, publicity of the proceedings of the Committee would be prejudicial to the public interest, by reasons of the confidential nature of the business to be transacted.

CONFIDENTIAL ITEMS FOR CONSIDERATION

The General Manager reported that the Confidential Committee had excluded the press and public from the whole of the Committee Meeting because, in the opinion of the Committee, publicity of the proceedings of the Committee would be prejudicial to the public interest, by reason of the confidential nature of the business to be transacted, and made the following recommendations to Council:-

REPORTS THROUGH THE GENERAL MANAGER IN COMMITTEE 496

Cr K Milne Cr R Byrnes

RESOLVED that the recommendations of the Confidential Committee be adopted.

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REPORTS FROM THE DIRECTOR ENGINEERING IN COMMITTEE C1 [E-CM] Purchase of Land at South Murwillumbah

REASON FOR CONFIDENTIALITY:

This report details negotiations of a commercial nature that are to be treated as commercial in confidence and should not be disclosed to the public

Local Government Act

This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.

C 83

That Council:

1. Approves the purchase of Lot 4 in DP 591604 at Quarry Road, South Murwillumbah for the amount and terms set out in the body of the report; and

2. Executes all necessary documentation under the Common Seal of Council.

REPORTS FROM THE DIRECTOR PLANNING AND REGULATION IN COMMITTEE

LATE ITEM C 84 Cr K Milne Cr P Allsop

RESOLVED that Item aC1 being an Addendum item be dealt with and it be ruled by the Chairman to be of great urgency.

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aC1 [PR-CM] Class 1 Appeal Development Application DA16/0355 for a 60 Lot Subdivision at Lot 1 DP 779976 No. 26 Tringa Street, Tweed Heads West

REASON FOR CONFIDENTIALITY:

This application is subject to a current Class 1 Appeal in the NSW Land and Environment Court

Local Government Act

This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

C 85

That Council receives and notes the report on the Class 1 Appeal Development Application DA16/0355 for a 60 Lot Subdivision at Lot 1 DP 779976 No. 26 Tringa Street, Tweed Heads West regarding the status of the Appeal with regards to costs and engagement of external consultants as expert witnesses, and grants delegation to the General Manager to act in full capacity of Council in assisting the NSW Land and Environment Court with these proceedings.

There being no further business the Meeting terminated at 7.12pm

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Minutes of Meeting Confirmed by Council at the Meeting held on

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Chairman