Agenda - Byron Shire Council - NSW Government

More documents

Recommendations

Info

BYRON SHIRE COUNCIL ORDINARY MEETING 9 MAY 2013 (72) Report 5 10 15 20 25 Council at its Ordinary Meeting held on 10 February 2011 resolved to adopt for public exhibition, the inclusion of a Waste Minimisation and Management draft Chapter in the Shire wide Development Control Plan (Res11-59). As a result of potential funding losses in the Waste & Sustainability Improvement program the advertisement of the Draft Waste Minimisation and Management DCP has been brought forward for inclusion in the current Byron Shire Development Control Plan (2010). The proposed amendment to “Byron Shire Development Control Plan 2010” DCP 2010 was exhibited for public comment from the 12 March 2013 to 11 April 2013 in accordance with the Environmental Planning and Assessment Regulation 2000. No Submissions were received. The Waste Minimisation and Management draft Chapter is proposed to facilitate sustainable waste management within Byron Shire in a manner consistent with principles of Ecologically Sustainable Development by considering both waste minimisation and management in developments. The DCP introduces controls for demolition of buildings, construction of buildings, residential, commercial and industrial development. Applications for these types of developments will need to include a Site Waste Minimisation and Management Plan. The DCP also provides a template as to how to prepare the plan. It is recommended that Council adopt the amendments to Byron Shire DCP 2010 and notice to be given in the local newspaper as per Clause 21 of the EPA regulations 2000. Financial Implications 30 35 The introduction of a Waste Minimisation and Management DCP is a standard requirement for payment under the NSW Government’s Waste & Sustainability Improvement Program; the anticipated 2012/13 payment being in the order of $191,000. The funds paid to Council under this Program are sourced from the Waste Levy payments made to the NSW EPA. The adoption of the Waste Minimisation and Management amendments to DCP 2010 should enable Council to retain this funding. In accordance with Resolution 13-137 the following information is provided to Council in all reports prepared for the 9 May, 13 and 27 June 2013 Ordinary Meetings: 40 The estimated staff hours for the preparation of this report was approximately 8 hours. Statutory and Policy Compliance Implications 45 50 55 Clause 21of the Environmental Planning and Assessment Regulations 2000 prescribes the requirements for the making of DCP’s and dates of adoption, which states: (1) After considering any submissions about the draft development control plan that have been duly made, the council: (a) may approve the plan in the form in which it was publicly exhibited, or (b) may approve the plan with such alterations as the council thinks fit, or (c) may decide not to proceed with the plan. (2) The council must give public notice of its decision in a local newspaper within 28 days after the decision is made. (3) Notice of a decision not to proceed with a development control plan must include the council’s reasons for the decision. (4) A development control plan comes into effect on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice. Ordinary Meeting Agenda 09/05/13
BYRON SHIRE COUNCIL ORDINARY MEETING 9 MAY 2013 (73) 5 Report No. 12.14. PLANNING – (Supplementary Report) 10.2012.583.1 Increase number of occupants for place of assembly/public entertainment at 13-17 Centennial Circuit Byron Bay Executive Manager: Environment and Planning Report Author: Ray Darney, Executive Manager Environment and Planning File No: #E2013/26844 Theme: Development Approvals Summary: Council has been advised that this application has been appealed in the Land and Environment Court, the appeal being against Council’s deemed refusal to consent to the development application. Deemed Refusal is available to an applicant, when Council has not determined an application within the required period under the Environment Planning and Assessment Act. The matter is listed in the Court on 27 May, 2013. NOTE TO COUNCILLORS: The report on this application will recommend approval subject to some limitations on the size of events, hours of operation and subject to conditions. The Assessment Report will be forwarded to Council under separate cover. 10 In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters. Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report. 15 20 RECOMMENDATION: That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application 10.2012.583.1 for increase number of occupants for place of assembly/public entertainment, be granted approval subject to restriction on hours of operation, numbers of patrons, and conditions of consent. Attachments: 25 Assessment Report 10.2012.583.1 #E2013/26067 [16 pages] ............................................Annexure 10(a) Plans Byron Entertainment Centre #E2013/27267 [3 pages] .............................................. Annexure 10(b) Copy Easement #E2013/27126 [2 pages] ............................................................................Annexure 10(c) Conditions for approval #E2013/26324 [11 pages].............................................................. Annexure 10(d) Ordinary Meeting Agenda 09/05/13
Page 1 and 2:
Thursday, 9 May 2013 held at Counci
Page 3 and 4:
BYRON SHIRE COUNCIL ORDINARY MEETIN
Page 5 and 6:
Page 7 and 8:
Page 9 and 10:
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24: BYRON SHIRE COUNCIL ORDINARY MEETIN
Page 73: BYRON SHIRE COUNCIL ORDINARY MEETIN
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133:
show all

Agenda - Byron Shire Council - NSW Government

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?