Byron Shire Council Notices COUNCIL CONTACT DETAILS
DEVELOPMENT CONSENTS
Council Administration Centre 70 Station Street, Mullumbimby Opening hours 8.30am to 4.30pm Phone 02 6626 7000 Email council@byron.nsw.gov.au Website www.byron.nsw.gov.au Emergency after hours 02 6622 7022 Works Depot 02 6685 9300 SES Controller 02 6684 3444 Rural Fire Service 02 6671 5500 Byron Resource Recovery Centre 1300 652 625 Cavanbah Centre 02 6685 5911
In accordance with Section 4.59 of the Environmental Planning and Assessment Act 1979 (as amended), notification is hereby given of the following development consents granted by Council. The consents listed are available to view Online at Council’s website www.byron.nsw.gov.au/find-a-DA.
In Byron? Customer service for general enquiries now at Byron Visitor Centre, 80 Jonson Street, Byron Bay. Monday to Friday, 9.00am to 12.00pm and 12.30pm to 4.00pm or phone 02 6626 7000. Card only payments accepted at this location. Documents on exhibition are available for viewing at the customer service centre in Mullumbimby and on Council’s website at www.byron.nsw.gov.au/Public-Notice.
MAKE A SUBMISSION Submissions may be made to Council in the following ways: Online:
www.byron.nsw.gov.au/Council/Make-a-submission
Written: Address to: General Manager, Byron Shire Council, PO Box 219, Mullumbimby NSW 2482 Email:
submissions@byron.nsw.gov.au
Please be aware that all submissions will be made public in accordance with Schedule 1 Part 3 Clause 1(a)(vi) of the GIPA 2009 Regulations as applicable including both the substance of the submission and the identity of the author. For further assistance please contact our Records team on 02 6626 7113.
CURRENT VACANCIES Apply for a job at Council. For current vacancies refer to www.byron.nsw.gov.au/Council/Working-at-Byron-Shire-Council/ Current-vacancies.
PUBLIC EXHIBITION OF DEVELOPMENT APPLICATIONS ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979 The following development applications (DA) have been received by Council and require exhibition in accordance with Development Control Plan 2014 (A14). The DAs may be viewed online at Council’s website ‘www.byron.nsw.gov.au/find-a-DA’ or by using the Online Kiosks at Councils Customer Service Centre during normal office hours. DA submissions can be lodged using an online form via Council’s eServices Portal. Once you have viewed a copy of the DA, select ‘Make a Submission’ to lodge a submission directly with Council. Information on making a submission is available at www.byron.nsw.gov.au/Make-a-submission-on-a-DA. If you are making a submission, there are requirements in relation to the disclosure of political gifts and donations. Refer to Council’s website to satisfy yourself that you are complying with your disclosure obligations prior to lodging a submission www.byron.nsw.gov.au/Political-donations-disclosure. Please quote the development application and property description when making a submission.
EXHIBITION CLOSES 16 JANUARY 2019 10.2018.585.1 – BANGALOW, 29 – 33 Granuaille Road (Lot 1 DP 530912, Lot 13 Sec 1 DP 4358, Lot 14 Sec 1 DP 4358) Mirabelle Early Learning Centre Pty Ltd, Child Care Centre Fifty-Nine (59) Children 10.2018.591.1 – MULLUMBIMBY, 28 Argyle Street (Lot 1 DP 21743) Lismore Venture Pty Ltd, Construction of Multi Dwelling Housing Comprising Eight (8) Dwellings under Affordable Housing Strategy 2009
EXHIBITION CLOSES 30 JANUARY 2019 10.2018.621.1 – BINNA BURRA, 955 Friday Hut Road (Lot 2 DP 860507) Linda McLeod C/-Elixinol Pty Ltd, Intensive Plant Agriculture and Rural Agricultural Produce Industry 10.2016.97.2 – BYRON BAY, 7 Marvell Street (Lot 9 Sec 26 DP 758207) Kate Vorozilchak C/-Pace Development Group P/L, S4.55 to Modify Building Facade, Delete Second Level Basement Carpark, Alter Retail Area Floor Space, Addition of Health Spa and Reduce Number of Rooms from 32 to 29 10.2018.643.1 – MULLUMBIMBY, 40-42 Dalley Street (Lot 1 DP 123835) Michael Douglas McKinlay C/-North Coast Petroleum Transport, Install 30KL Underground Fuel Tank 10.2018.552.1 – OCEAN SHORES, 11 Warrambool Road (Lot 1490 DP 245028) Mr C Sked C/-Jarrod Gillies Planit Consulting P/L, Multi Dwelling Housing Consisting of Eight (8) New Townhouses, Torrens and Strata Title Subdivision and Tree Removal over Multiple Stages
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Information relating to these applications as required by Schedule 1, Division 4, Clause 20(2) of the Environmental Planning and Assessment Act 1979 (as amended) is also available online.
APPLICATIONS APPROVED 10.2018.344.1 – SUFFOLK PARK, 16 Macgregor Street (Lot 8 DP 30037) Demolish Existing Dwelling House and Construct New Dwelling House, Secondary Dwelling and Swimming Pool 10.2018.570.1 – BYRON BAY, 39 Julian Rocks Drive (Lot 22 DP 714410) Change of Use to Dual Occupancy (Detached) and Strata Subdivision 10.2018.467.1 – BRUNSWICK HEADS, 16 Pandanus Court (Lot 354 DP 755692) Alterations and Additions to Existing Dwelling House 10.2018.19.1 – OCEAN SHORES, 83 Balemo Drive (Lot 827 DP 240400) Stage 1: Strata Subdivision to create Two (2) Strata Lots (Including One (1) Development Lot) and Common Property. Stage 2: Two (2) Detached Dwellings to create Multi-Dwelling Housing: Three (3) Dwellings and Strata Subdivision 10.2018.297.1 – BYRON BAY, 18 Centennial Circuit (Lot 2 DP 812667) Alterations and Additions to Existing Building and Change of Use of tenancies to include a Food & Drink Premises (Cafe), a Tattoo Studio, a Hairdresser (Existing), Light Industries and an Ancillary Caretakers Dwelling with Adjoining Storage Area 10.2018.271.1 – BANGALOW, 84 Fowlers Lane (Lot 4 DP 630987) Rural Tourist Accommodation: Three (3) Cabins comprising Two (2) New Tourist Cabins and Change of Use of Existing Dual Occupancy Dwelling to a Tourist Cabin and Use of Existing Farm Shed to create Dual Occupancy (Detached) 10.2018.464.1 – SUFFOLK PARK, 4 Muli Place (Lot 35 DP 811498) Alterations and Additions to Existing Dwelling House to create Attached Secondary Dwelling 10.2018.476.1 – MULLUMBIMBY, 62 Stuart Street (Lot 1 DP 578267) Change of Use and Alterations and Additions to Existing Shop to create a Café and Yoga Studio 10.2018.120.1 – NEW BRIGHTON, 60 New Brighton Road (Lot 306 DP 755687) Modification of Development Consent 10.2015.480.1 to Include Additional Tree Removal, Driveway Works and Change of Use of the Approved Secondary Dwelling to a Dual Occupancy Development and Subdivision of the Property into Two (2) Strata Lots 10.2018.237.1 – TYAGARAH, 168 Grays Lane (Lot 4 DP 748585) Dwelling House and Three (3) Swimming Pool 10.2018.224.2 – MULLUMBIMBY, 2 Rush Court (Lot 15 DP 792667) S4.55 to Modify Garage Roof 10.2017.613.2 – BRUNSWICK HEADS, 233 Gulgan Road (Lot 1 DP 530852) S4.55 Application to Modify Condition 10 in relation to Driveway Access Design 10.2016.313.2 – FEDERAL, 447 Federal Drive (Lot 12 DP 1234493, Lot 3 to 6 DP 8946) Restructure conditions of consent to remove the requirement for a Construction Certificate and for the use of as-built works comprising an airlock and ancillary office. The following applications have not been granted approval by Council, but are listed for the information of the community:
APPLICATIONS DEFERRED 10.2018.418.1 – SUFFOLK PARK, 8 Honeysuckle Drive (Lot 4 DP 1021180) Use of Converted Living Area within existing Dwelling House, New Driveway and New Driveway Crossing 10.2018.228.1 – MULLUMBIMBY CREEK, 710 Left Bank Road (Lot 2 DP 874643) Dual occupancy (detached) comprising existing northern dwelling which must comply with previously approved plans, use of existing building (which was previously required to be decommissioned) as the southern dwelling plus alterations and additions and use of garden tool shed as an expanded house habitable outbuilding associated with the southern dwelling, and use of an existing shed
LEASE OF 1 RAFTONS ROAD BANGALOW Council is proposing to lease part of Lot 38 DP 262183, being 1 Raftons Road Bangalow NSW 2479, for a period of two successive five (5) year terms, to the Bangalow Community Children’s Centre for the purpose of early childhood education and care services. In accordance with Section 47 of the Local Government Act 1993 interested parties are invited to make submissions about this proposal within 28 days. Submissions should be in writing and addressed to the General Manager, Byron Shire Council, PO Box 219 Mullumbimby 2482 or sent by email to submissions@byron.nsw.gov.au. Emailed submissions to this address only will be acknowledged. Submissions open: 10 January 2019. Submissions close: 7 February 2019. Enquiries: Paula Telford Leasing Coordinator 02 6626 7300 All submissions will be made public in accordance with schedule 1 clause 4(i) of the GIPA 2009 Regulations as applicable including both the substance of the submission and the identity of the author. For further assistance contact the Records Team on 02 6626 7113.
Local News The bypass and its questionable ĶşĎĶưĕſƆĶƐƷ wǔƆĕƐƆ ĈIJĕŔĕȞ Hans Lovejoy The recent Byron bypass funding announcement by the NSW Nationals was enthusiastically embraced by Greens mayor Simon Richardson, despite it being estimated to only alleviate traffic by around 20 per cent. Yet closer examination of the Biodiversity Offsets Scheme that Council plans use to clear native vegetation at the southern end of Butler Street for the project has been criticised by legal public interest NGO, the NSW Environmental Defenders Office (EDO). The Biodiversity Offsets Scheme is defined under the Biodiversity Conservation Act 2016. That Act and others like it were examined by the NSW EDO before being introduced on August 25, 2017 by the NSW Liberal-National Coalition. The laws replaced the previous BioBanking Scheme and other Acts, including the Native Vegetation Act 2003 and the Environmental Outcomes Assessment Methodology (EOAM). That EOAM, according to the EDO, was ‘world class.’ Now there are ‘selfassessable codes, exemptions and discretionary clearing,’ according to EDO. According to the office of environment and heritage’s (OEH) website, ‘The [Biodiversity Conservation Act 2016] is a key pillar of the NSW government’s framework for biodiversity assessment and management, together with the land management framework established in the Local Land Services Act 2013 (as amended by the Local Land Services Amendment Act 2016).’ ‘The Biodiversity Conservation Act 2016, together with the Biodiversity Conservation Regulation 2017, outlines the framework for addressing impacts on biodiversity from development and clearing. It establishes a framework to avoid, minimise, and offset impacts on biodiversity from development through the Biodiversity Offsets Scheme.’ So how does it work? According to OEH’s website, a proponent wishing to apply for the Biodiversity Offsets Scheme ‘must retain an accredited assessor’ and then apply the Biodiversity Assessment Method (BAM) to the proposal. ‘After applying the BAM, the accredited person will prepare a Biodiversity Assessment Report (BAR) that
sets out how the proponent has applied steps to avoid and minimise impacts on biodiversity, and setting out the number and type of ecosystem and species credits required to offset residual impacts of the activity on biodiversity (‘credit obligation’). In the application for the development or clearing, the proponent can propose to meet the credit obligation using the variation rules rather than the like-for-like rules. The proponent must demonstrate that they have been unable to find like-forlike after completing required reasonable steps. The proponent may also seek to use “biodiversity conservation actions” as an alternative to retiring credits.’ Yet an analysis by the NSW EDO was critical of the Biodiversity Offsets Scheme methodology and its potential to ensure ecological safeguards.
ſşćōĕŔëƐĶĈ In their 2016 submission prior to the environmental law overhaul, the NSW EDO said, ‘The proposed scheme is heavily reliant on “offsetting” biodiversity impacts (by managing other areas for biodiversity) rather than preventing the impacts, and adopts the standards of the problematic Major Projects Offsets Policy.’ ‘The Biodiversity Assessment Methodology (BAM) is therefore significantly weakened; for example, direct “like-for-like” offsetting requirements are relaxed and can be circumvented. ‘The option to pay money in lieu of an actual offset will result in net loss of certain threatened species and communities. Offset areas and set-asides may be further offset later on rather than actually protected in perpetuity.’ ‘The proposed regime places almost complete reliance on political, budgetary decisions (which may be short term) to achieve biodiversity gains, rather than on protections in the Bill to prevent continued biodiversity decline. ‘The NSW government has been unable to estimate how much landclearing will occur under the new relaxed system – in particular, how much clearing will occur under the new selfassessable codes.’ For more info visit www. environment.nsw.gov.au/ biodiversity/offsetsscheme.htm.
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