Council

An Ordinary Meeting of Lismore City Council will be held at the Council Chambers on Tuesday, 9 February 2021 at 6pm

Members of Council are requested to attend.

Lismore City Council acknowledges the people of the Bundjalung nation, traditional custodians of the land on which we work.

Shelley Oldham General Manager

4 February 2021

Agenda

1. Opening of Meeting

2. Acknowledgement of Country

3. Local Government – Pause for personal reflection

4. Apologies and Leave of Absence

5. Confirmation of Minutes of Previous Meeting Lismore City Council held 8 December, 2020 ...... 147 Lismore City Council held 8 December, 2020 ...... 164

6. Disclosure of Interest

7. Public Access Session on Agenda Items

8. Mayoral Minute(s) and Condolence Motions

9. Notice of Rescission Motions

10. Notice of Motions 10.1 Parking in the Lismore Base Hospital Precinct ...... 5 10.2 Parking in the Lismore Base Hospital Precinct ...... 7 10.3 72 Riverbank Road Monaltrie ...... 9 10.4 Access Protocols ...... 11

11. Questions for Next Meeting

12. Altering Order of Business (Consideration of altering the order of business to debate matters raised during Public Access)

13. Matters Arising 13.1 Amendment to the Development Control Plan Chapter 5A - Urban Residential Subdivision to include Structure Plan for 1A & 1B Northcott Drive, Goonellabah ...... 15 13.2 Adoption of Climate Resilience Policy ...... 22

14. Reports of the General Manager 14.1 Election of Mayor ...... 31 14.2 Public exhibition of Amendment No. 28 to the Lismore Development Control Plan - Chapter 11 Buffer Areas ...... 37 14.3 DA5.2020.441.1 - Artisan Food and Drink Premises at 7 Engine Street, South Lismore ...... 41 14.4 DA5.2020.361.1 for Dwelling at 54 Satinwood Drive, McLeans Ridges ...... 75 14.5 5.2020.149.1 - Proposed Detached Dual Occupancy Dwelling at 100 Bishops Creek Road, Coffee Camp ...... 93 14.6 LEP amendment - Natural Disaster Opt-In Clause ...... 106

14.7 Clyde Campbell Solar Car Park and EV Charging Station Project - Delegation to Award Contract ...... 110 14.8 Delivery Program - Progress Report - Quarter 2 - October to December 2020 ...... 112 14.9 December 2020 Quarterly Budget Review Statement ...... 114 14.10 Investments - December 2020 and January 2021 ...... 120 14.11 Councillors Expenses and Facilities Policy - July 2020 to December 2020 Reporting ...... 130

15. Committee Recommendations 15.1 Traffic Advisory Committee Minutes - Meeting of 20 January 2021 ...... 133

16. Documents for Signing and Sealing

17. Financial Assistance – Section 356

18. Confidential Business 18.1 Tender T2020-35 Quarry Crushing and Screening Services ...... 145 18.2 Code of Conduct Investigation Report - Matter 1 ...... 145 18.3 Code of Conduct Investigation Report - Matter 2 ...... 145 18.4 Code of Conduct Investigation Report - Matter 3 ...... 145

Notice of Motions

Notice of Motion Notice of Motion Councillor Darlene Cook has given notice of intention to move:

That: 1. Council acknowledges the valuable contribution of our frontline workers at our hospitals and their efforts to keep our community safe during the COVID-19 pandemic. 2. Council reinstate free parking on Hunter St and Dalziel St in the Hospital precinct and waive restrictions on parking on Weaver St, Laurel Ave and McKenzie St for three (3) months. 3. Council bring this matter back to Council at the May meeting for a further decision. 4. Council write to the Premier, the Minister for Health, and the Member for Lismore, requesting financial reimbursement for Council’s loss of revenue incurred by our support for state employees.

Councillor Comment Outcome Sought Continuation of Council’s support for hospital workers during this pandemic for a further three (3) months.

Funding Source NSW Government reimbursement

Staff Consulted General Manager Staff Comment Manager Finance The Lismore Base Hospital Parking precinct development was funded through an internal loan from Council’s internally restricted reserves. Any surplus of revenues each year being returned to reserves to repay the internal loan. As at 30 June 2020 the internal loan had an approximate balance of $288,000.

Should Council reimpose the restrictions the impact will be to delay the repayment of the loan for the period the restrictions are to apply. There would be also an opportunity cost to Council as Council will not have these reserves available for use until this loan is fully repaid.

Revenues impacts - as per Council workshop:

Total Hospital Precinct For comparative purposes total income received: $ 15 April 2019 to 12 October 2019 (normal operations within the precinct) 121,059 15 April 2020 to 12 October 2020 (free parking normal operations within the precinct) 66,920 the total income received from paid parking for the precinct as a whole Difference (54,139)

Lismore City Council Meeting held 9 February 2021 - Parking in the Lismore Base Hospital 5 Precinct

Notice of Motion Hunter and Dalziell Streets only For comparative purposes total income received: $ 15 April 2019 to 12 October 2019 (normal operations within the precinct) 65,520 15 April 2020 to 12 October 2020 (free parking normal operations within the precinct) 15,875 the total income received from paid parking for the precinct as a whole Difference (49,645)

Attachment/s There are no attachments for this report.

TRIM Record No: BP21/86:EF19/25-03

Lismore City Council Meeting held 9 February 2021 - Parking in the Lismore Base Hospital 6 Precinct

Notice of Motion Notice of Motion Councillor Nancy Casson has given notice of intention to move:

That Council continue indefinitely free parking at Lismore Base Hospital, allowing COVID-19 readiness for staff and necessitating their access to all day free parking in close proximity to the hospital.

Councillor Comment Outcome Sought Free Parking to continue as we do not have any end date to this pandemic.

Cost of Implementing None.

Funding Source We have been without these funds for some time.

Staff Consulted No staff were consulted. Staff Comment Manager Finance The Lismore Base Hospital Parking precinct development was funded through an internal loan from Council’s internally restricted reserves. Any surplus of revenues each year being returned to reserves to repay the internal loan. As at 30 June 2020 the internal loan had an approximate balance of $288,000.

Should Council reimpose the restrictions the impact will be to delay the repayment of the loan for the period the restrictions are to apply. There would be also an opportunity cost to Council as Council will not have these reserves available for use until this loan is fully repaid.

There will be costs associated with replacing signage and removing parking meters that need to be quantified to implement and are not provided for in existing budgets.

Revenues impacts - as per Council workshop:

Total Hospital Precinct For comparative purposes total income received: $ 15 April 2019 to 12 October 2019 (normal operations within the precinct) 121,059 15 April 2020 to 12 October 2020 (free parking normal operations within the precinct) 66,920 the total income received from paid parking for the precinct as a whole Difference (54,139)

Hunter and Dalziell Streets only For comparative purposes total income received: $ 15 April 2019 to 12 October 2019 (normal operations within the precinct) 65,520 15 April 2020 to 12 October 2020 (free parking normal operations within the precinct) 15,875 the total income received from paid parking for the precinct as a whole Difference (49,645)

Lismore City Council Meeting held 9 February 2021 - Parking in the Lismore Base Hospital 7 Precinct

Notice of Motion Attachment/s There are no attachments for this report.

TRIM Record No: BP21/85:EF19/25-03

Lismore City Council Meeting held 9 February 2021 - Parking in the Lismore Base Hospital 8 Precinct

Notice of Motion Notice of Motion Councillor Eddie Lloyd has given notice of intention to move:

That Council be advised: 1. the steps taken by the General Manager to stop any works being carried out by the quarry operator; and 2. following continued community complaints relating to the quarry still operating, that the General Manager report the steps that have been and are being taken to take action on the nil compliance with the resolution (ie to stop works) by Santin's Quarry.

Councillor Comment Outcome Sought The motion seeks the General Manager to implement the Council resolution of 8 December 2020.

Cost of Implementing No cost involved.

Funding Source Not required.

Staff Consulted Councillor Requests have been submitted and responded to. Staff Comment: At the meeting held on 8 December 2020 Council resolved as follows:

“On submission to the meeting the motion was RESOLVED that the application for modification of Development Consent DA92/523 for extension of the life of the quarry at 72 River Bank Road, Monaltrie is refused on the following grounds:

1. The likely impacts of the development on the locality, and 2. It is not in the public interest, and 3. This application is not substantially the same as the original DA; and 4. A modification application to extend the life of the quarry cannot be accepted because the consent has expired.”

A Notice of Determination advising of Council’s decision on the application was sent to the applicant to implement the above resolution of Council.

The following affords some further commentary regarding the proposed motion.

• The Quarry is still functioning under its original DA. Given the terms of this original DA, the quarry is still deemed to be in rehabilitation mode until 12 February 2021, which is less than two weeks away. • There is no approved plan of management that details the extent or actions required to rehabilitate the site. In those circumstances, any compliance action by Council to direct rehabilitation works would not have a firm basis on which to proceed. • Council staff are currently reviewing options available to bring the rehabilitation to a logical conclusion. • The decision of 8 December 2020 was to refuse an extension of the Quarry only, not require rehabilitation activity to cease.

Lismore City Council Meeting held 9 February 2021 - 72 Riverbank Road Monaltrie 9

Notice of Motion • To the best of Council’s knowledge, and in the absence of any evidence to the contrary, the rehabilitation is continuing to be undertaken in the same manner as it has since the consent ceased to operate. • Staff are now conducting weekly inspections of the quarry. • Staff have met with the quarry operator/owner and the Planning Consultant, and advised all work must stop on 12 February 2021. • Staff intend to monitor the Quarry on 13 February 2021 to ensure work on the site has ceased and determine if further compliance action is required.

No additional compliance action is being undertaken at the present time other than general monitoring and/or in response to an amenity complaint supported with appropriate evidence. This is consistent with the provisions of Council’s Enforcement Policy.

A meeting has been scheduled to discuss Council’s actions with the Monaltrie residents at their request.

Attachment/s There are no attachments for this report.

TRIM Record No: BP21/63:EF19/25-03

Lismore City Council Meeting held 9 February 2021 - 72 Riverbank Road Monaltrie 10

Notice of Motion Notice of Motion Councillor Nancy Casson has given notice of intention to move:

That: 1. Executive staff and Councillors be made aware of the outcome of the alleged bullying claim of Councillors Casson, Guise and Lloyd. 2. An email be sent to all executive staff (and Councillors) advising same.

Councillor Comment Outcome Sought Councillors Casson, Guise and Lloyd are unaware of what staff members and fellow Councillors have been informed in relation to the Mayor’s restrictions placed upon each of them. Their reputations need to be cleared.

Cost of Implementing Nil.

Funding Source Not required.

Staff Consulted Discussion with the General Manager around the immense importance of this to occur as we are unaware of what staff and Councillors have been informed with the implementation of the restrictions in April 2020.

Staff Comment Program Managers were advised on 24 April 2020 that the following protocols were in place:

The Controlled Access Protocols are as follows:

• You are only permitted to contact the organisation via the Councillor Request system ([email protected]) per the Councillor/ Staff Communication Policy and Guidelines. • You are not permitted to directly contact via email or telephone the General Manager or any other senior staff member. • You are not permitted to send emails or reply to the _Councillors group, as this group includes the General Manager and senior staff. • Should you need to contact the General Manager or a senior staff member you may do so by sending a request to the Councillor Request system stating your reasons for contact, which will be reviewed and actioned. • Per the Councillor/ Staff Communication Policy you are not permitted to contact any staff member below senior manager level or the Executive Assistance – Mayor & Councillors. • Should you ignore this protocol and contact the General Manager or any other senior staff member your correspondence will be read and filed but not responded to. • Any correspondence from you via the Councillor Request system will be returned to you without being processed if it is intimidating, abusive, disrespectful or otherwise inappropriate.

Lismore City Council Meeting held 9 February 2021 - Access Protocols 11

Notice of Motion Attachment/s 1.⇩ Email to Program Managers 29/1/2021

TRIM Record No: BP21/81:EF19/25-03

Lismore City Council Meeting held 9 February 2021 - Access Protocols 12

Email to Program Managers 29/1/2021 Attachment 1

Lismore City Council Meeting held 9 February 2021 - Access Protocols 13

Matters Arising

Matters Arising Matters Arising Subject Amendment to the Development Control Plan Chapter 5A - Urban Residential Subdivision to include Structure Plan for 1A & 1B Northcott Drive, Goonellabah TRIM Record No BP20/861:EF16/338

Prepared by Strategic Planner

Reason To report the outcomes of public exhibition of amendments to the Lismore Development Control Plan Chapter 5A - Urban Residential Subdivision to include a Structure Plan for 1A & 1B Northcott Drive, Goonellabah and associated provisions and recommend adoption of the amendments. Strategic Theme Our built environment

Strategy Our land-use planning caters for all sectors of the community.

Action Ensure land is available and serviced to meet population growth in locations that are accessible, close to services and employment, and suitable for development.

Executive Summary On 11 August 2020 Council adopted a Planning Proposal to rezone part of 1A & 1B Northcott Drive, Goonellabah (Lot 2 DP 777930 and Lot 1 DP 1213247) from Zone RU1 Primary Production to part Zone R1 General Residential that was subsequently notified on 23 October 2020.

On 11 August 2020, for the purposes of public exhibition, Council adopted a draft Structure Plan to guide the future subdivision of the land for inclusion in the Lismore Development Control Plan (DCP) Chapter 5A - Urban Residential Subdivision.

In accordance with Section 18 of the Environmental Planning and Assessment Regulation 2000, the amended DCP Chapter 5A including the Structure Plan was placed on public exhibition from 23 September to 21 October 2020 during which time one public submission was received. Table 1 of this report contains a summary of the issues raised in the public submission. A copy of the public submission is provided at Attachment 2.

At a Council workshop on 1 December 2020, the issues raised in this submission were discussed.

A copy of the amended DCP Chapter 5A – Urban Residential Subdivision is included at Attachment 1 of this report.

It is recommended that Council adopt the amendments to DCP Chapter 5A and notifies its decision in Local Matters in accordance with Section 21 of the Environmental Planning and Assessment Regulation 2000.

Lismore City Council Meeting held 9 February 2021 - Amendment to the Development Control Plan 15 Chapter 5A - Urban Residential Subdivision to include Structure Plan for 1A & 1B Northcott Drive, Goonellabah

Matters Arising Recommendation That Council: 1. adopt the amended Lismore Development Control Plan Chapter 5A - Urban Residential Subdivision as provided at Attachment 1 of this report. 2. proceed to give public notice of its decision in Local Matters in accordance with Section 21 of the Environmental Planning and Assessment Regulation 2000.

Background On 12 October 2016 a draft Planning Proposal was received to rezone 1A and 1B Northcott Drive, Goonellabah (Lot 2, DP 777930 and Lot 1 DP 1213247) from Zone RU1 Primary Production to Zone R1 General Residential with a minimum lot size of 400m² and a maximum building height limit of 8.5m.

Council adopted the Planning Proposal at its meeting on 11 August 2020 and the Local Environmental Plan was subsequently made on 23 October 2020. The area rezoned to Zone R1 General Residential for future urban residential is shown in Figure 1 below.

On 11 August 2020, Council also resolved that:

3. the draft Structure Plan intended to guide the development of the site and included at Figure 4 in this report is adopted for the purposes of public exhibition of an amendment to Chapter 5A Urban Residential Subdivision of the Lismore Development Control Plan; 4. an amendment to Chapter 5A Urban Residential Subdivision of the Lismore Development Control Plan to include the draft Structure Plan shown at Figure 4 in this report is placed on public exhibition for 28 days; and 5. a report is prepared for Council on the results of the public exhibition of the draft amendments to Chapter 5A Urban Residential Subdivision of the Lismore Development Control Plan.

Figure 1: Zone Map for 1A & 1B Northcott Drive, Goonellabah

Lismore City Council Meeting held 9 February 2021 - Amendment to the Development Control Plan 16 Chapter 5A - Urban Residential Subdivision to include Structure Plan for 1A & 1B Northcott Drive, Goonellabah

Matters Arising Public exhibition In accordance with the Council resolution, the amended Lismore DCP Chapter 5A was placed on public exhibition from 23 September to 21 October 2020 during which time one public submission was received. The public submission is summarised in Table 1 below and provided at Attachment 2 of this report.

Table 1: Summary of issues raised in public submission

Issues raised Staff response Road position: The Structure Plan is conceptual and does not According to the site map (the Structure Plan) define the exact location of the proposed road. the proposed road goes through the Asset This will occur when the subdivision plan is Protection Zone (APZ). drafted. At the recent Council meeting the accompanying The purpose of the ‘map’ referred to in the map showed the proposed road ending in a ‘T submission was provided in the Council report to intersection’ inside the APZ. identify the indicative location of the proposed APZ’s. Similarly, the location of the road in this preliminary subdivision plan is only indicative. The ultimate design will be determined at the DA stage. This new site map (Structure Plan) is carelessly A ‘further estate’ cannot be ‘easily added’ presented or the developer intends to build the through road access from the subject site road through the zone so a further estate can be because the land is within Zone RU1 and is not easily added to this inappropriate development. identified for rezoning in the GMS. Site constraints such as slope preclude the land adjacent to the subject site from being identified for rezoning to residential in the future. Stormwater runoff: The extension of Northcott Drive giving road At each stage of the development I have raised access to the subject site will occur at the DA the issue of stormwater run-off from the small stage as per the DCP Chapter 5A requirements laneway that needs upgrading. for construction of an ‘Access Place’. Stormwater drainage will also be addressed at the DA stage. Council and the developer have not addressed The type of kerb appropriate for this Access concerns about requests for straight edge Place will be determined at the DA stage. guttering rather than rounded gutters at least on the western edge of laneway. The site plan should be rejected until this issue is resolved. Koala habitat: The Structure Plan shows a ‘conceptual’ link to The koalas will need a road map to find the Primary Koala habitat on adjoining land to the narrow finger of new koala habitat. south and north east of the subject site.

The linking koala planting seems to end in the The purpose of this link is to inform the cleared backyard of a neighbouring farm. Vegetation Management Plan (VMP) required at the DA to consider conditions for regeneration of this area to provide koala habitat and movement corridors. This proposal should be rejected and The provision of koala habitat is not limited to the resubmitted to conform to the promises made at land identified on the Structure Plan; the VMP the rezoning (Council) meeting. may require multiple areas on the site be planted with koala food trees to facilitate koala movement across the site. The Structure Plan reflects issues raised and considered at the rezoning stage.

Lismore City Council Meeting held 9 February 2021 - Amendment to the Development Control Plan 17 Chapter 5A - Urban Residential Subdivision to include Structure Plan for 1A & 1B Northcott Drive, Goonellabah

Matters Arising Structure Plan and associated amendments The Structure Plan is provided at Figure 2. The purpose of the Structure Plan is to guide the future subdivision of the land and identify land for the sole purpose of Asset Protection Zones (APZ). The dedication of land for the purpose of an APZ occurs through the imposition of a section 88b instrument (under the Conveyancing Act 1919) being placed on each relevant land title as a condition on any future DA. Due to the geotechnical constraints of the land, the draft Structure Plan states that no buildings or structures are permitted within the identified APZ area. It is acknowledged that vegetation is permitted to be planted within an APZ area, subject to requirements outlined in the NSW RFS publication ‘Planning for Bushfire Protection 2019’.

In addition, the draft Structure Plan requires a VMP to be submitted at the DA stage to restore riparian vegetation, enhance koala habitat and movement corridors across the site to provide necessary links to primary koala habitat located south of the site. Regarding timing of the VMP works, implementation of the VMP is linked to staging of the development and these stages can vary widely depending on the scale and number of stages of the development. VMP’s are generally conditioned for a 5-year period inclusive of the maintenance period. This period could be longer or shorter depending on the scale of impact, conservation value and condition of the biotype being impacted. The Structure Plan is included at Appendix D of Chapter 5A with associated explanatory notes and cross references to ‘Acceptable Solutions’ in 4.10 Element – Biodiversity Conservation. The ‘Acceptable Solutions’ are aimed at ensuring that the Vegetation Management Plan submitted with the development application addresses the management and enhancement of vegetation on the site, in particular: • regeneration of land retained in Zone RU1 to provide koala habitat and movement corridors to koala habitat located on adjoining land and; • restoration of native vegetation near the riparian area at the eastern boundary.

Figure 2: Structure Plan for 1A & 1B Northcott Drive, Goonellabah

Lismore City Council Meeting held 9 February 2021 - Amendment to the Development Control Plan 18 Chapter 5A - Urban Residential Subdivision to include Structure Plan for 1A & 1B Northcott Drive, Goonellabah

Matters Arising Comments Finance Not required.

Other staff comments Technical staff provided input into the Planning Proposal and Structure Plan prior to its public exhibition.

Public consultation DCP Chapter 5A – Urban Residential Subdivision was placed on public exhibition in accordance with Section 18 of the Environmental Planning and Assessment Regulation 2000 during which time 1 public submission was received. Conclusion In 2016, a draft Planning Proposal was received to rezone 1A & 1B Northcott Drive, Goonellabah (Lot 2, DP 777930 and Lot 1 DP 1213247). This LEP Amendment was subsequently finalised on 23 October 2020 when the amendment was published in the NSW State Government Gazette. Part of the land was rezoned from Zone RU1 Primary Production to Zone R1 General Residential to facilitate urban residential development.

Council adopted the draft Structure Plan on 11 August 2020 for the purpose of public exhibition which occurred in accordance with the Environmental Planning and Assessment Regulation 2000. The issues raised in the one public submission received have been addressed adequately in this report.

It is recommended that the amendments to DCP Chapter 5A are adopted by Council and notified in Local Matters.

Attachment/s 1.⇨ Chapter 5A Urban Residential Subdivision adopted February 2021 (Over 7 pages) 2.⇩ Public Submission

Lismore City Council Meeting held 9 February 2021 - Amendment to the Development Control Plan 19 Chapter 5A - Urban Residential Subdivision to include Structure Plan for 1A & 1B Northcott Drive, Goonellabah

Public Submission Attachment 2

Lismore City Council Meeting held 9 February 2021 - Amendment to the Development Control Plan 20 Chapter 5A - Urban Residential Subdivision to include Structure Plan for 1A & 1B Northcott Drive, Goonellabah

Public Submission Attachment 2

Lismore City Council Meeting held 9 February 2021 - Amendment to the Development Control Plan 21 Chapter 5A - Urban Residential Subdivision to include Structure Plan for 1A & 1B Northcott Drive, Goonellabah

Matters Arising Matters Arising

Subject Adoption of Climate Resilience Policy

TRIM Record No BP20/1118:EF19/132-02

Prepared by Strategic Planning Coordinator

Reason To report on the public exhibition of the Climate Resilience Policy and recommend adoption of the Policy. Strategic Theme Our natural environment

Strategy We are committed to environmental sustainability.

Action Ensure sustainability principles are understood and applied in Council’s business operations.

Executive Summary At its Ordinary meeting on 13 October 2020 Council resolved to ‘support the commencement of 28-day public exhibition of the draft Climate Resilience Policy’. The draft Policy was subsequently placed on public exhibition and no submissions were received. This report recommends that Council adopt the attached Climate Resilience Policy as publicly exhibited.

Recommendation That Council adopt the Climate Resilience Policy attached to this report.

Background On the 13 August 2019 Council acknowledged a Climate Emergency and endorsed the following actions: • Briefing on how the current Community Strategic Plan (CSP) addresses the climate emergency. • Include specific questions regarding Climate Change and Disaster Preparedness in the next CSP review and Community Satisfaction Survey in order to inform Council’s operational response. • Maintain strong partnerships with local Emergency Services and seek funding opportunities to work with them to deliver disaster preparedness information and initiatives across the LGA.

The Community Strategic Plan at that stage had not addressed the climate emergency; however, consultation with the community found that the community consider climate resilience is an important priority for Council to address.

At the Ordinary meeting on 8 March 2020, Council further resolved that a Climate Resilience Policy be developed and brought to Council for adoption. The Policy would be developed in house with funding to be sourced to support the development of a climate adaptation strategy to achieve climate resilience.

A draft Climate Resilience Policy was prepared and presented to the October 2020 Ordinary meeting of Council, which endorsed the draft Policy for public exhibition.

Climate Resilience Policy Climate change impacts on weather patterns (more intense and less frequent rain events), increase the risk of natural disasters for vulnerable areas (for example the CBD) and vulnerable people/ businesses. To assist the community to withstand the cumulative impacts and ongoing changes to the climate, the Policy is directed towards building climate resilience.

Lismore City Council Meeting held 9 February 2021 - Adoption of Climate Resilience Policy 22

Matters Arising The purpose of the Climate Resilience Policy is:

1. To demonstrate Lismore City Council’s leadership in identifying and responding to climate change risk, by promoting, supporting and delivering climate change action and transformative community resilience planning. 2. To support long term financial planning, asset management, strategic planning, and other key LCC processes with consistent, timely and scientifically sound information and local climate projections related to climate change. 3. To embed climate change adaptation and resilience as a core component of Council’s strategic planning, processes and operations. 4. To ensure all functions and activities of council consider climate change adaptation and resilience for a more resilient organisation and community.

In summary, the Policy is a whole of Council commitment that provides a framework for the development of all future strategic and action plans to respond, adapt and build resilience to climate change risks to the community, Council assets and infrastructure and environmental systems.

Comments Finance The recommendation is supported.

Other staff comments Not required.

Public consultation The draft Climate Resilience Policy was on public exhibition for a minimum of 28 days. No submissions were received.

Conclusion The Climate Resilience Policy establishes a strategic policy framework to embed the goal of climate resilience for both Lismore City Council and for the Lismore LGA communities. The policy identifies Council’s commitment to addressing mitigations and adaptations that will support climate resilience for the Lismore City Council and the community.

Attachment/s 1.⇩ Climate Resilience Policy - V9 for Council adoption

Lismore City Council Meeting held 9 February 2021 - Adoption of Climate Resilience Policy 23

Climate Resilience Policy - V9 for Council adoption Attachment 1

Lismore City Council Meeting held 9 February 2021 - Adoption of Climate Resilience Policy 24

Climate Resilience Policy - V9 for Council adoption Attachment 1

Lismore City Council Meeting held 9 February 2021 - Adoption of Climate Resilience Policy 25

Climate Resilience Policy - V9 for Council adoption Attachment 1

Lismore City Council Meeting held 9 February 2021 - Adoption of Climate Resilience Policy 26

Climate Resilience Policy - V9 for Council adoption Attachment 1

Lismore City Council Meeting held 9 February 2021 - Adoption of Climate Resilience Policy 27

Climate Resilience Policy - V9 for Council adoption Attachment 1

Lismore City Council Meeting held 9 February 2021 - Adoption of Climate Resilience Policy 28

Climate Resilience Policy - V9 for Council adoption Attachment 1

Lismore City Council Meeting held 9 February 2021 - Adoption of Climate Resilience Policy 29

Reports of the General Manager

Reports Report

Subject Election of Mayor

TRIM Record No BP21/2:EF19/22-03

Prepared by Acting Manager Governance & Risk

Reason To elect a Mayor for the period until the September 2021 election.

Strategic Theme Leadership and participation

Strategy Our decisions and actions are open, transparent, effective and in the interests of all. Action Manage Council meetings and provide support to Councillors in fulfilling their role.

Executive Summary Council is required to elect a new Mayor to fill the casual vacancy created by the resignation of the previous Mayor. The process for the election is prescribed in this report, and seeks Council’s resolution of the method of voting to be used. The General Manager is the Returning Officer appointed to conduct the election process.

Recommendation That: 1. Council determine the method of voting to be used for the Mayoral vote. (See 3(2) of this report) 2. the period of appointment be until the Local Government election in September 2021. 3. each candidate be offered the opportunity to make a short presentation prior to any election. 4. if the election of Mayor results in a vacancy in the role of Deputy Mayor, election of Deputy Mayor be conducted immediately following the election of Mayor and the same voting process as has previously been used for the election of Deputy Mayor be followed.

Background The resignation of the Mayor who was elected by the electors has left a casual vacancy in the role of Mayor. Due to the postponement of the 2020 Local Government Election we are referred too section 318B (7) of the Local Government Act 1993 NSW which states “If while an order under this section is in force a casual vacancy occurs in the office of mayor elected by the electors, the casual vacancy is to be filled in accordance with the provisions of section 295 as if it were a casual vacancy in the office of mayor elected by the councillors.” The procedure to be followed for the conduct of the Elections is to be in accordance with Schedule 7 of the Local Government (General) Regulation 2005 which is detailed below:

Lismore City Council Meeting held 9 February 2021 - Election of Mayor 31

Reports 1. Returning officer The General Manager (or a person appointed by the general manager) is the returning officer. 2. Nomination (1) A Councillor may be nominated without notice for election as Mayor or Deputy Mayor (2) The nomination is to be made in writing by two or more Councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing. (3) The nomination is to be delivered or sent to the returning officer. (4) The Returning Officer is to announce the names of the nominees at the Council Meeting at which the election is to be held. 3. Election (1) If only one Councillor is nominated, that Councillor is elected. (2) If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting. (3) The election is to be held at the Council Meeting at which the Council resolves on the method of voting (4) In this clause— ballot has its normal meaning of secret ballot. open voting means voting by a show of hands or similar means.

Part 2 Ordinary Ballot or Open Voting 4. Application of Part This Part applies if the election proceeds by ordinary ballot or by open voting. 5. Marking of Ballot Papers (1) If the election proceeds by ordinary ballot, the Returning Officer is to decide the manner in which votes are to be marked on the ballot-papers. (2) The formality of a ballot-paper under this Part must be determined in accordance with clause 345 (1) (b) and (c) and (6) of this Regulation as if it were a ballot-paper referred to in that clause. (3) An informal ballot-paper must be rejected at the count. 6. Count - 2 Candidates (1) If there are only 2 candidates, the candidate with the higher number of votes is elected. (2) If there are only 2 candidates and they are tied, the one elected is to be chosen by lot. 7. Count - 3 or more candidates (1) If there are 3 or more candidates, the one with the lowest number of votes is to be excluded. (2) If 3 or more candidates remain, a further vote is taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded. (3) If, after that, 3 or more candidates still remain, the procedure set out in subclause (2) is to be repeated until only 2 candidates remain. (4) A further vote is to be taken of the 2 remaining candidates. (5) Clause 6 of this Schedule then applies to the determination of the election as if the 2 remaining candidates had been the only candidates.

Lismore City Council Meeting held 9 February 2021 - Election of Mayor 32

Reports (6) If at any stage during a count under subclause (1) or (2), 2 or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

Part 3 Preferential Ballot 8. Application of Part This Part applies if the election proceeds by preferential ballot.

9. Ballot-papers and Voting (1) The ballot-papers are to contain the names of all the candidates. The Councillors are to mark their votes by placing the numbers ‘1’, ‘2’ and so on against the various names so as to indicate the order of their preference for all the candidates. (2) The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 of this Regulation as if it were a ballot-paper referred to in that clause. (3) An informal ballot-paper must be rejected at the count. 10. Count (1) If a candidate has an absolute majority of first preference votes, that candidate is elected. (2) If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preference on those ballot-papers. (3) A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes. The latter is elected. (4) In this clause, absolute majority, in relation to votes, means a number that is more than one- half of the number of unexhausted formal ballot-papers. 11. Tied candidates (1) If, on any count of votes, there are 2 candidates in, or remaining in, the election and the numbers of votes cast for the 2 candidates are equal—the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected.

(2) If, on any count of votes, there are 3 or more candidates in, or remaining in, the election and the numbers of votes cast for 2 or more candidates are equal and those candidates are the ones with the lowest number of votes on the count of the votes—the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

Part 4 General 12. Choosing by Lot To choose a candidate by lot, the names of candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer, the slips are folded by the Returning Officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen.

Lismore City Council Meeting held 9 February 2021 - Election of Mayor 33

Reports 13. Result The result of the election (including the name of the candidate elected as Mayor or Deputy Mayor) is: (a) to be declared to the Councillors at the Council Meeting at which the election is held by the Returning Officer; and (b) to be delivered or sent to the Secretary and the Chief Executive Officer of Local Government NSW.

Comments Previously Council has determined that the election for Deputy Mayor would be by open voting. Council’s Policy 1.2.10 – Presentation by intending candidates for Deputy Mayor provides that prior to the election, each candidate for the position of Deputy Mayor may give a short presentation outlining her/his reasons for standing, how s/he would operate as Deputy Mayor, what time commitment would be given and the skills s/he would have to offer. Each candidate may be asked questions from the floor about their candidacy.

Consistent with this policy, it is considered appropriate that each candidate for Mayor be offered the opportunity to make a short presentation in accordance with the Code of Meeting Practice to the Council prior to any election.

There is a nomination form attached to the report for the Mayoral vote.

Finance Not required.

Public consultation No public consultation is required.

Attachment/s 1.⇩ Nomination form for mayor 2.⇩ Local Government (General) Regulation 2005 - NSW Legislation

Lismore City Council Meeting held 9 February 2021 - Election of Mayor 34

Nomination form for mayor Attachment 1

Lismore City Council Meeting held 9 February 2021 - Election of Mayor 35

Local Government (General) Regulation 2005 - NSW Legislation Attachment 2

Lismore City Council Meeting held 9 February 2021 - Election of Mayor 36

Report Report Subject Public exhibition of Amendment No. 28 to the Lismore Development Control Plan - Chapter 11 Buffer Areas TRIM Record No BP20/770:EF19/815-02

Prepared by Strategic Planner

Reason To seek Council approval for amendments to and public exhibition of Lismore Development Control Plan Chapter 11 - Buffer Areas Strategic Theme Our built environment

Strategy Our built environment is managed and enhanced to meet the needs of our growing community. Action Ensure new development enhances the area in which it is located.

Executive Summary Amendment No. 28 to the Lismore Development Control Plan (DCP) Chapter 11 – Buffer Areas has been prepared as part of ongoing updates to contemporise planning controls based on industry best practice and scientific research. Feedback from Councillors and the community has also been considered in the review of DCP Chapter 11 – Buffer Areas through various Council workshops and community consultation sessions undertaken as part of finalising Council’s Local Strategic Planning Statement (LSPS).

On 31 July 2018, a request was made at a Councillor workshop to review DCP Chapter 11 – Buffer Areas. Strategic Planning staff prepared a discussion paper outlining the issues regarding managing land use conflict which contained options for discussion. These options were then discussed further at an additional Council workshop on 16 October 2018.

On 14 July 2020, Council adopted the LSPS which contains a planning priority to update the DCP to protect state and regionally significant farmland and other natural resources, to be undertaken in the short term.

On 1 December 2020, strategic planning staff held a further workshop with Councillors where the amended draft DCP Chapter 11 – Buffer Areas was provided to inform discussions and justification was provided for the proposed changes.

The proposed amendments aim to protect productive agriculture and natural resources by adopting the NSW Department of Primary Industries (DPI) recommended buffers for agricultural land uses and extractive industries. In addition, further changes are proposed to reduce duplication and update maps and Appendices. A copy of the draft Chapter 11 – Buffer Areas shows deletions in strikethrough and the proposed new text is highlighted in red as provided at Attachment 1.

It is proposed that the draft DCP Chapter 11 – Buffer Areas be placed on public exhibition in accordance with the Environmental Planning and Assessment Regulation 2000.

The outcomes of public exhibition will then be reported back to Council including an analysis of issues raised in any submissions received and justification for any changes proposed after public consultation.

Lismore City Council Meeting held 9 February 2021 - Public exhibition of Amendment No. 28 to 37 the Lismore Development Control Plan - Chapter 11 Buffer Areas

Report Recommendation That: 1. Council approve the public exhibition of Amendment No. 28 to the Lismore Development Control Plan Chapter 11 – Buffer Areas in accordance with the Environmental Planning and Assessment Regulation 2000 with proposed changes identified in Attachment 1; and 2. a report be presented to Council with the outcomes of public exhibition and any proposed changes as a result of submissions received.

Background On 31 July 2018, a request was made at a Councillor workshop to review DCP Chapter 11 – Buffer Areas. Strategic Planning staff prepared a discussion paper on the issues regarding managing land use conflict which contained options for discussion. These options were then discussed further at an additional Council workshop held on 16 October 2018.

On 28 February 2019, the Department of Planning, Industry and Environment introduced a new clause to the Standard Instrument LEP titled Clause 5.16 Subdivision of, or dwellings on, land in rural, residential and E zones’’. The broad objective of this clause is ‘to minimise potential land use conflict between existing and proposed development on land in the rural, residential or environmental protection zones’.

In particular, Clause 5.16 directs a consent authority to take into account existing and approved uses on land in the vicinity of the new development being assessed and potential significant impacts on ‘preferred’ and ‘predominant’ land uses in vicinity. This clause is consistent with the principle in DCP Chapter 11 – Buffer Areas for the encroaching development being responsible for mitigating potential impacts on established land uses on adjoining properties.

On 14 July 2020, Council adopted the LSPS, which contains a planning priority to ‘protect and improve agricultural land and other natural resources’’. This planning priority was identified as an important issue by the community during numerous community consultation sessions on Council’s LSPS undertaken throughout February 2020. One of the methods available to Council to achieve this planning priority is to strengthen the development controls contained in DCP Chapter 11 – Buffer Areas.

Specifically, the LSPS identifies this action as a short-term priority:

A12.1 Update the Lismore LEP and DCP to ensure development controls are appropriate to protect state and regionally significant farmland and other natural resources, including local quarries, from incompatible land uses and development, including those that generate land use conflict.

On 1 December 2020, strategic planning staff held a further workshop with Councillors at which the draft amended draft Chapter 11 – Buffer Areas was provided to inform discussion and justification was provided for the proposed changes.

Current DCP Chapter 11 – Buffer Areas The current DCP Chapter 11 – Buffer Areas was introduced in the 1990’s and has since been updated on an incremental basis. The Chapter is structured around different land uses that require buffers with contextual information specific to the Lismore LGA. Recommended buffers are generally only provided for urban and rural residential development.

What is not changing? In the revised draft of DCP Chapter 11 – Buffer Areas, the onus on providing a buffer remains on the encroaching development. The approach to varying recommended buffers is not changing either, by reiterating that variations will only be approved if supported by a Land Use Conflict Risk Assessment (LUCRA) and if relevant, a technical report (acoustics / odor).

Lismore City Council Meeting held 9 February 2021 - Public exhibition of Amendment No. 28 to 38 the Lismore Development Control Plan - Chapter 11 Buffer Areas

Report Buffers for some land uses are not changing because they have been assessed as being appropriate. For example, buffers relating to the Lismore Airport, the Lismore sewerage plant, cattle dip sites and the Tuncester rifle range will remain the same.

What is changing? A copy of the draft DCP Chapter 11 - Buffer Areas shows deletions in strikethrough and the proposed new text is highlighted in red which is provided as Attachment 1 to this report. The proposed changes are outlined in detail in Table 1 below with the rationale behind each of the main changes.

Table 1 – Proposed changes to Lismore DCP Chapter 11 on Buffer Areas

Proposed change Reason for change LEP definitions deleted To remove duplication – the LEP definitions are included in the Lismore LEP 2012 document. This is the approach taken to recent updates to other DCP Chapters. Some contextual text relating to the Lismore To remove superfluous information and reduce the LGA is deleted. amount of unnecessary text. Maps updated for: The OLS map is updated to reflect the latest survey • Lismore Airport (Obstacle Limitation data. Surface - OLS), The buffer distances on the Rifle Range and Waste • the buffer for Tuncester Rifle Range Facility maps are not changing but the mapping is • the buffer surrounding Councils updated. Wyrallah Road Waste Facility Lismore Airport - change RL from 56m to Advice obtained from Lismore Airport Co-ordinator – 54.5m. change to RL is based on the most recent OLS survey data. 2 Appendices consolidated into 1 (Appendix To condense the amount of information. A) for recommended Species (fire retardant and riparian buffer trees / shrubs) Powerlines – table with recommended buffers Essential Energy advised that the Table was out of to powerlines removed. date and recommended reference be made to the current industry guideline. New section included under heading 11.4 This change is included in response to the action in the Recommended Buffers for State or LSPS to protect SSF / RSF. Regionally Significant Farmland (SSF / RSF) – no variation to buffers allowed when encroaching development adjoins SSF or RSF (unless exceptional circumstances apply). New Appendix B added ‘Recommended Appendix B contains recommended buffer distances minimum buffer distances for primary based on contemporary industry best practice and industries’ on page 25 as per the DPI scientific research. Some recommended buffers will document Living and Working in Rural Areas increase (ie. the buffer to land used for grazing stock (2007). will change from 30m to 50m), however, a variation can be sought based on a merit assessment. A more comprehensive range of land uses is included in Appendix B (ie. Tourist Accommodation, Education facilities) compared to the current DCP chapter that generally only specifies buffers to urban/village residential and large lot residential development. Industry Codes updated. To reflect the most recent industry codes of practice that proponents need to comply with. Reference to Bushfire Protection removed. A trigger is already in place to ensure appropriate measures are taken to address bushfire hazard through referrals to the Rural Fire Service as required by the

Lismore City Council Meeting held 9 February 2021 - Public exhibition of Amendment No. 28 to 39 the Lismore Development Control Plan - Chapter 11 Buffer Areas

Report Proposed change Reason for change Rural Fires Act 1997.

Comments Finance Not required.

Other staff comments Council staff from the Development Assessment and Environmental Health sections have provided technical input into the draft changes to DCP Chapter 11 – Buffer Areas.

Public consultation In accordance with section 18 of the Environmental Planning and Assessment Regulation 2000, following the preparation of a draft development control plan, Council must publish the draft DCP on its website as part of the public exhibition process.

It is also recommended that the draft DCP Chapter 11 – Buffer Areas is referred to the Department of Primary Industries (Agriculture and Water sections) and the Environment Protection Authority for comment in addition to local planning and development consultancies working within the Lismore LGA being notified.

Conclusion The proposed changes to the Lismore DCP Chapter 11 - Buffer Areas are part of ongoing updates to contemporise planning controls based on industry best practice and scientific research and in response to feedback from the community and Council.

The issue of strengthening protection of productive agricultural land and natural resources was raised as a key issue in recent community consultation sessions undertaken by staff in February 2020 as part of developing Council’s recently adopted LSPS. This DCP update is also a short-term planning priority identified in the LSPS.

It is recommended that Council place the draft DCP Chapter 11 - Buffer Areas on public exhibition to obtain public comment and Government Agency and development industry advice.

Attachment/s 1.⇨ Draft DCP Chapter 11 - Buffer Areas for exhibition (Over 7 pages)

Lismore City Council Meeting held 9 February 2021 - Public exhibition of Amendment No. 28 to 40 the Lismore Development Control Plan - Chapter 11 Buffer Areas

Report Report Subject DA5.2020.441.1 - Artisan Food and Drink Premises at 7 Engine Street, South Lismore TRIM Record No BP20/1019:DA20/441

Prepared by Senior Development Assessment Officer (Planning)

Reason Determination of Development Application

Strategic Theme Our built environment

Strategy Our built environment is managed and enhanced to meet the needs of our growing community. Action Ensure new development enhances the area in which it is located.

Executive Summary The DA seeks consent to undertake: 1. the adaptive re-use of the site and existing shed at 7 Engine Street as an Artisan Food and Drink Industry (Craft Brewery) including: wholesale of brewery products, brewery tours, Tap House customer area for tastings, take-away sale of brewery products and merchandise, a mobile food van area and a play area; and 2. associated building alterations and additions, 2m acoustic fence, driveway, carparking, loading area, landscaping and signage.

The subject land and shed are heritage listed as they were originally used to service train engines that used the Lismore to Murwillumbah rail line from 1894 to the 1930’s. The site and shed are currently vacant and have been for much of the last 15 years.

The site and surrounding allotments are all zoned IN1 General Industrial under the Lismore LEP. Despite the Industrial zoning of the locality, the land opposite the site on the southern side of Engine Street is comprised primarily of elevated residential dwellings.

The key issues associated with the proposed development relate to heritage, contamination, noise, odour, light nuisance, waste management, traffic, parking and social impacts. The DA was placed on public exhibition and as a result twelve 12 submissions were received (4 objections and 8 in support).

The proposed adaptive re-use of the site is considered to provide significant public benefits in that it activates a long term vacant industrial allotment, it facilitates the on-going conservation of a heritage item and establishes a new business in South Lismore that will result in positive economic impacts. Given the nature of the site, the proposed use and the surrounding properties, there is however also potential for adverse impacts, particularly upon the residential amenity of the surrounding properties. The likely impacts have been assessed in detail having regard to the characteristics and context of the site are deemed to be acceptable subject to conditions.

On balance, this assessment report concludes that the site is suitable for the proposed development and recommends the DA be approved subject to the proposed conditions of consent.

The DA is being reported to Council in accordance with Council policy, where two (2) Councillors called the application up to be determined at an Ordinary Council Meeting.

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 41 Premises at 7 Engine Street, South Lismore

Report Recommendation That Council as the consent authority, grant a Deferred Commencement Development Consent to Development Application No. 2020/441 to undertake: • the use of the site and existing building as an Artisan Food and Drink Industry (Craft Brewery) including wholesale of brewery products, brewery tours, Tap House customer area for tastings, take-away sale of brewery products and merchandise, a mobile food van area and a play area; and • associated building alterations and additions, acoustic fence, driveway, carparking, loading area, landscaping and signage at 7 Engine Street, South Lismore subject to the Conditions set out in Attachment 1.

Background Engine Shed The existing shed on the subject site was constructed in 1894 to service train engines used to operate the Lismore to Murwillumbah line, which commenced in May 1894. The engine shed was owned by State Rail until the cessation of train services 110 years later in June 2004. Over time the shed and site have been modified for rail operations, and the maintenance of train engines or similar.

Other Uses of the Engine Shed It is understood that the shed was leased by State Rail to be used for alternative uses after the Railways Engine shed ceased operations from the 1930’s. These uses included Granger Hardware store (1930’s), H.J Hensley’s Transport (late 1950’s), Maine Nicolas Transport (1980’s), a railways bridge gang (late 1990’s to early 2000’s) and McMullens Transport (approved under DA2013/36 and operated between 2013-2015).

The site and shed are currently vacant and have been for much of the last 15 years.

Pre-lodgement Discussion Council staff have had pre-lodgement discussions with the applicant regarding the proposed development.

Unauthorised Works Several works have been undertaken on the site and to the building without consent. Some of the works undertaken relate to works proposed as part of the subject DA.

In September 2020 Council started receiving complaints about unauthorised works at the subject premises. A preliminary investigation identified works had been undertaken on the site by different parties. More detailed investigation was undertaken, which determined that the unauthorised works undertaken by the owner of the site that were building maintenance related and that do not relate directly to the DA include:

• painting of original fascias; • replacement of rotten gable fascias; • removal of asbestos on front wall and replacement with new corrugated galvanised iron; • replacement of damaged and perforated roof sections with new galvanised iron; • replacement of zinc roof sheeting with new galvanised iron on northern and southern side; and • repaired sewer, water and stormwater pipes damaged by trees.

The have also been unauthorised works undertaken by the applicant that are directly related to the proposed DA and include:

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 42 Premises at 7 Engine Street, South Lismore

Report • new concrete slab to stand the brewery set-up in the north western section of the building; • upgrade of buildings electrical to comply with safety standards and the installation of cabling to the proposed brewhouse; • installation of the wet bar area; • cladding of existing steel structure in south eastern corner of building associated with the merchandise and sales area and the installation of gal stringers and treads for stairs associated with the office; • Install of dry bar areas on eastern end of shed; • Install of timber screen to eastern end of refrigerated container; and • placement of three of the proposed shipping containers on-site.

These works are still under investigation and are independent of this DA. In relation to works undertaken that relate to the subject DA, the draft conditions attached to this report include a condition that does not approve the works already undertaken, and requiring application for a Building Information Certificate for the works prior to the issue of an Occupation Certificate.

Description of the Site and Locality The subject site is located at 7 Engine Street, South Lismore, has an area of 3,010m2 and is embellished by the former Railway Engine shed that is located centrally on the site. The site and shed are currently vacant.

The site generally has a level topography with a very minor fall from the raised area of the shed towards Engine Street. The site is mostly grassed and has vehicular access off Engine Street.

The site is Zoned IN1 General Industrial and is surrounded by the following mix of land uses: • North – the former Lismore railway line, an ex-railway carriage shed, Kyogle Street and then a mix of industrial, light industrial and residential uses; • South – Engine Street, a row of residential dwellings in the IN1 General Industrial zone and then a mix of industrial and residential uses; • East – a large industrial zoned allotment, Union Street and then the Norco site; and • West – former railway land and a Boral asphalt depot.

Locality Map

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 43 Premises at 7 Engine Street, South Lismore

Report Zoning Map

Description of Proposal The DA seeks consent to undertake: • the use of the site and existing building as an Artisan Food and Drink Industry (Craft Brewery) including wholesale of brewery products, brewery tours, Tap House customer area for tastings, take-away sale of brewery products and merchandise, a mobile food van area and a play area; and • associated building alterations and additions, 2m acoustic fence, driveway, carparking, loading area, landscaping and signage.

Attachment 2 to this report provides a detailed description of the proposal, including: the brewery and its processes (cleaning, water usage, water treatment, waste treatment), the Tap House customer area, capacity (120 persons), staff, hours of operation, proposed building alterations, access and parking.

Design plans of the proposed development are included in Attachment 3 to this report.

Statutory Controls Lismore LEP 2012 S94 Contributions Plan (S7.11) Environmental Planning & Assessment Act 1979 Local Development

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 44 Premises at 7 Engine Street, South Lismore

Report Policy Controls Lismore Development Control Plan Community Consultation Plan Regional Policy for the Management of Contaminated Land 5.17.7 Heritage 5.17.8 Sustainability, Viability & Amenity of Rural & Urban Land

Internal Referrals The DA was referred internally to Council’s: • Development Engineer • Environmental Health Officer • Water and Sewer Officer • Building Surveyor • Food Safety Officer

The referral officers reviewed the DA and provided comments, with no objections raised subject to the imposition of appropriate conditions which have been included in the conditions attached to this report (Attachment 1).

External Referrals NSW Police The NSW Crime Prevention Officer reviewed the DA and provided comments and recommendations specific to the nature of this development and the identified crime risks. Where appropriate, these recommendations have been incorporated into conditions of consent (i.e. lighting and landscaping) or advisory notes (i.e. CCTV and Liquor Licence).

Heritage NSW The DA was referred to Heritage NSW under clause 5.10 of the LEP 2012 as the site is listed under the LEP as being an archaeological site that is of state significance. See comment below in this report under the LEP 2012 for details of Heritage NSW comments.

Integrated Referrals Heritage Act 1977 Council’s LEP 2012 identifies the site as being a heritage item of state significance. As a result, the developer lodged an Exemption Application under s57 of the Heritage Act 1977. Heritage NSW reviewed the application and advised the developer that the subject site and building is not located within the curtilage of Lismore Railway Station Group and therefore is not actually an item of state significance. As a result, Heritage NSW advised that no approval under the Heritage Act 1977 is required.

In view of the above the applicant did not identify the DA as being integrated development under the Heritage Act 1977.

Notification/ Submissions The application was notified to adjoining and surrounding property owners and advertised in the Northern Rivers Echo in accordance with the provisions of Community Consultation Plan (CCP) for the Notification and Advertising of DA’s.

A total of twelve (12) submissions were received in response to the public exhibition of the DA, with four (4) submissions objecting to the DA and eight (8) submissions supporting the DA.

The following is a summary of the main points raised in objection to the DA: • Building works and business has started operating without Council approval • Traffic impacts and road safety (additional cars on narrow road that is in a poor condition)

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 45 Premises at 7 Engine Street, South Lismore

Report • Noise impacts • Light nuisance from car headlights into dwelling • Cars parking on the street • Trading hours (7 days a week and some nights up until 9pm) • Social impacts • Heritage / Archaeological impact • Odour emissions from brewery • Dust impact • Fencing • Contamination • Flooding impact of residents

The following is a summary of the main points raised in support to the DA: • Proposal will be great for the local economy of South Lismore, Lismore and the Northern Rivers (other businesses and creation of jobs) • Proposal will be great for local tourism • Proposal will create a community hub / meeting place The re-purpose of a derelict building in a neglected part of the city preserves heritage • The social benefit and civic pride that comes from activation of a zone • Business will attract people to the rail trail • micro and craft breweries are a massive growth industry in the North Coast • These licenced venues do not add to a rise in alcohol fuelled violence or anti-social behaviour

Attachment 4 to this report includes a table which provides a detailed summary of all the submissions and assessment comments in response to each submission. Attachment 5 to this report is a copy of all the public submissions.

Consideration The relevant matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, are assessed under the following headings:

Lismore LEP 2012

Zone, Definition and Permissibility The proposal is defined as an ‘artisan food and drink industry’ which means: a building or place the principal purpose of which is the making or manufacture of boutique, artisan or craft food or drink products only. It must also include at least one of the following— (a) a retail area for the sale of the products, (b) a restaurant or cafe, (c) facilities for holding tastings, tours or workshops.

The proposed ‘artisan food and drink industry’ is permitted with consent within the IN1 General Industrial zone under the provisions of the Lismore LEP 2012.

Zone objectives and Zoning Control Tables Having regard to the provisions of Lismore LEP 2012, it is considered that the development is in accordance with clause 2.3 and is satisfactorily consistent with the specific aims of this plan, the objectives of the zone and the objectives of the controls. As such, consent to the development may be granted.

Part 2 - Permitted or Prohibited Development Satisfactory.

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 46 Premises at 7 Engine Street, South Lismore

Report Part 4 – Principal Development Standards None directly applicable.

Part 5 – Miscellaneous Provisions

1. Controls relating to miscellaneous permissible uses (cl 5.4) This clause states: If development for the purposes of an artisan food and drink industry is permitted under this Plan in an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed— (a) 30% of the gross floor area of the industry, or (b) 400 square metres, whichever is the lesser.

The proposed area of the building nominated for retail (takeaway) sales is approximately 15m2 which complies with this clause. The remainder of the Tap House customer area, which is akin to a restaurant/café where patrons hold tastings of the brewery products and eat food from the nearby food carts, is also less than 30% of the GFA of the overall development.

2. Heritage conservation (cl 5.10) The site is listed as a heritage item (archaeological site) of state significance under the LEP 2012. The NSW State Heritage Inventory lists the Engine shed as being within the Lismore Railway Group, which also includes the nearby Railway Station and former Carriage Shed.

Archaeological Assessment The DA was accompanied by an Archaeological Impact Assessment (AIA), which considered the archaeological significance of the site and the impact of the proposed works on this significance. The AIA noted that there is archaeological potential on the site associated with the 1894 original Engine Shed, specifically its work pits (inside the shed and outside to its west), the numerous extant railway tracks located north of and adjacent to the Engine Shed and the ash pit.

The AIA noted that the works proposed as part of the DA will have a minimal below ground impact across the property and therefore there is a negligible possibility of encountering artefacts and other pits. In conclusion the AIA stated that proposed works are minor and will have a negligible to minor impact to archaeological remains assessed with having local significance. The AIA also made the following recommendations: • no works take place inside the Engine Shed that will remove the existing concrete flooring. In this way, the filled in Engine Shed work pits will not be impacted. • the extant concrete lined pit with square lid located to the west of the Engine Shed should be retained and not disturbed. • a heritage interpretation sign to be included as part of the property works for Two Mates Brewing to acknowledge the history of the site and its importance for Lismore workers and the former railway. • a copy of this report should be submitted with a completed s.57 Exemption form in relation to the archaeology to NSW Heritage.

As recommended by the AIA, the developer lodged an Exemption Application under s57 of the Heritage Act 1977. Heritage NSW reviewed the application and advised the developer that the subject site and building is not located within the curtilage of Lismore Railway Station Group and therefore is not actually an item of state significance. As a result, Heritage NSW advised that no approval under the Heritage Act 1977 is required.

Clause 5.10(7) states that before granting consent to the carrying out of development on an archaeological site, Council must notify the Heritage Council and take into consideration any response received from the Heritage Council. In response to being referred the DA, Heritage NSW raised no objection to the proposal subject to a precautionary unexpected finds condition. In particular, the Heritage NSW comments are summarised in the following points:

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 47 Premises at 7 Engine Street, South Lismore

Report

• The Engine Shed is considered to have heritage values under the LEP due to its association with the Lismore Railway Station Group. • While the Railway Station Group is listed on the State Heritage Register (SHR), our review indicates that this does not appear to include the Engine Shed. • We believe that the archaeological report is in error in stating that the Engine Shed is included in the State Heritage Listing. • Regarding the archaeological potential of the site, it is listed as an archaeological site with heritage significance on the LEP. The archaeological assessment has indicated that archaeological information here would be likely to include work pits, rail tracks, ash pits and concrete pads. Such evidence is not likely to meet the definition of an archaeological 'relic' as defined under s.4 of the Heritage Act 1977. Instead these items of environmental heritage are more likely evidence of an engineering 'work' and redundant industrial technologies. • Although the site is identified in the LEP as an archaeological item, Heritage NSW considers the need for an approval under s.139-140 of the Heritage Act 1977 (to harm a relic) is not triggered by the proposed works because it is unlikely that the proposal would disturb or harm 'relics' and the shed itself is not a relic (it is a building). Additionally, the proposal involves minimal excavation. • An unexpected finds condition is recommended to address management of archaeological relics under the Heritage Act 1977 for the DA.

In view of the above, it is assessed that the proposed development is unlikely to disturb or harm any archaeological 'relics'. As a precaution however an unexpected finds condition will be applied to any consent to manage the minimal excavation, along with a condition requiring a heritage interpretation sign to be erected as part of the approved development.

Built Heritage Assessment The DA was accompanied by a Heritage Impact Assessment (HIA), which considered the heritage significance of the site and the impact of the proposed works on the significance of the site. The HIA report made the following conclusions: • overall the proposal to establish a craft brewery inside and on the site of the former Lismore Railway Engine Shed is a suitable adaptive reuse option. The changes proposed will not adversely impact the building’s historic and social heritage values. Resurrection and reuse of the building will potentially prevent its material decline; • the alterations and additions proposed to the interior of the Engine Shed will not have an adverse heritage impact; and • the alterations and additions proposed to the exterior of the shed will not adversely impact the historic and social heritage values of the Engine Shed. Overall, the changes posed will result in no contact with the Engine Shed’s historic fabric and will be sympathetic to the industrial character of the shed and the site.

Consistent with the conclusions of the HIA, the works proposed as part of the DA are not considered to have an adverse impact upon the heritage significance of the site and the proposed adaptive re- use is likely to prevent the further decline of the former Engine Shed building

Part 6 – Additional Local Provisions

3. Earthworks (cl 6.2) The development proposes minimal earthworks, which are not considered to adversely impact upon drainage, soil stability, amenity of the adjoining properties or the environment. The proposed earthworks are also not likely to disturb archaeological relics and conditions are proposed to satisfactorily manage any land contamination issues.

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 48 Premises at 7 Engine Street, South Lismore

Report 4. Flood planning (cl 6.3) The proposed light industrial use is considered to be compatible with the flood hazard of the land (flood fringe) and includes appropriate measures (i.e. mezzanine level and evacuation management plan) to manage risk to life from flooding.

In addition, Council must be satisfied that the proposed development is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties. In this regard, the potential for flooding impacts relates to the 2m solid acoustic fence proposed along most of the front boundary of the site and the proposed new buildings external to the existing shed (containers and plant rooms). Council’s Development Engineer is satisfied the development is not likely to significantly adversely affect flood behavior resulting in detrimental increases in the potential flood affectation of other development or properties given: • the demountable buildings will be relocated from the site in a flood event; • the flood flows come from the north and given the fences position the most likely adverse impacts from flood waters will be directed back onto the site itself and to a lesser extent the railway corridor; • flood waters will still have the ability to move around and through the three openings in the fence for the driveways; and • the site already has an existing 2m wire mesh fence on the front boundary that in a flood event would likely collect considerable debris and act much like a solid fence.

5. Drinking water catchments (cl 6.4) The proposed earthworks, temporary gravel car park and future sealed car park are not considered to have an adverse impact upon on water quality and flows within the water catchment given the level topography of the site, proposed landscaping and the water sensitive design measures to be conditioned.

6. Essential services (cl 6.9) The DA states that the existing shed is connected to all necessary urban infrastructure, including water, sewer, telecommunications and electricity. The proposed vehicular access to the site is assessed as being adequate for the proposed use and conditions of consent will be applied to manage the stormwater drainage from the development.

SEPP 55 & Contaminated Land Management Issues Following a review of the preliminary Site Contamination Report submitted with the DA, Council requested a further contaminated land assessment, supported by a soil sampling plan undertaken in accordance with recognised NSW EPA guidelines. In response, the applicant requested the assessment be completed in unison with the proposed civil works for the car park area two (2) years from the issue of the Occupation Certificate.

Contrary to the applicants requests, it is considered essential to reasonably satisfy the objectives of SEPP 55 that the applicant prepare the required technical report prior to the commencement of any development works so that a comprehensive understanding of site contamination can be obtained and any remedial works required can be identified and incorporated into the overall development program.

Councils Regional Policy for the Management of Contaminated Land identifies railway yards as a potential contaminating industry, with associated contaminates of concern being hydrocarbons, arsenic, phenols, heavy metals, nitrates, ammonia and asbestos, of which may potentially be present and need to be determined.

In recognition of the former land use and possible contaminants of concern there is a level of confidence that the land will be able to be made suitable for the intended purpose. The nature and scale of remediation works however will need to be known and addressed through conditions of consent. On this

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 49 Premises at 7 Engine Street, South Lismore

Report basis a deferred commencement condition is proposed that a detailed Contaminated Land Assessment be submitted to and be approved by Council prior to the issue of an operational consent.

SEPP 64 – Advertising and Signage The provisions of SEPP 64 have been considered and the criteria within Schedule 1 are considered to have been satisfied.

SEPP (Coastal Management) 2018 The provisions of this SEPP have been considered and the proposal is not considered to have an adverse impact upon the coastal environment area.

Lismore Development Control Plan The application has been assessed against the relevant controls in the Lismore DCP as indicated in the following compliance table, and comments are provided where the proposal does not strictly comply with the applicable provisions or conditions are required to address certain matters.

LISMORE DEVELOPMENT CONTROL PLAN

Complies Relevant Comments Yes/No Industrial Development Design Yes/No*** The proposal complies with the provisions of this chapter with the exception of the Standards following elements.

Building line – the proposal nominates trade waste tanks, car spaces, the mobile food van area and a small part of ablutions block within the 6m building line to Engine Street. These non-compliances are considered to be minor and acceptable given the 2m acoustic fence will largely screen these elements from the street, the mobile food van area will only be temporarily occupied and the ablutions block is setback consistent with the existing shed building. Also, in general the objectives of this provision are met.

External Appearance and Building Materials – the proposed containers, plant rooms and ablutions block do not include any masonry or face brick, however this is considered to be acceptable in the circumstances given they are compatible with the corrugated industrial character of the existing shed and will be largely screened from the public domain by the 2m acoustic fence and the existing vegetation in the street.

Fencing – the proposed 2m acoustic fence is considered to be acceptable on the front boundary given its timber design is compatible with residential amenity, it helps screen the development and will itself be screened along much of the frontage by the existing vegetation in the street.

Off-street Parking Design, Layout Yes/No*** The DA satisfactorily demonstrates that: and • the car parking area complies with AS2890 and that all vehicles can enter Landscaping and exit in a forward direction; and • loading/unloading can occur within the public carparking area outside of times when the brewery if open to the general public and that a Heavy Ridged Vehicle (HRV) can manoeuvre within this area to enter and exit in a forward direction.

The extent of landscaping associated with the car park is deemed to be acceptable given the existing vegetation in the street, the proposed 2m front fence will screen the car park and the car park includes opportunity to achieve the required number of shade trees.

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 50 Premises at 7 Engine Street, South Lismore

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LISMORE DEVELOPMENT CONTROL PLAN

Complies Relevant Comments Yes/No To limit the length of Engine Street required to be upgraded, a left turn only sign will need to be installed at the exit of the carparking area to ensure all vehicles are directed East along Engine Street and onto Union Street.

The DA seeks the deferment of the sealing of the access and parking areas for a two (2) year period from the date of occupation. The proposed deferment is thought to be reasonable in the circumstances given: • the large capital outlay in setting up the brewery; • the considerable cost of the s64 contributions; • the level nature of the site helps mitigate water quality issues; • the proposed 2m solid front fence and existing tall and dense vegetation in the road reserve helps mitigate potential dust nuisance; • the accessible car spaces and associated path of travel to the building would need to be sealed up front; and • An interim all weather access will be afforded.

Parking Yes See comment below this DCP table. Spaces Flood Prone Lands Industrial Yes The proposal is assessed as being acceptable within the Flood Fringe Area, given: • the DA proposes a mezzanine level (14.38m) in the existing shed that is above the Flood Planning Level (12.8m) and the 1 in 500 year ARI level (13.33m) and therefore can be used for flood storage and emergency flood refuge; • the additional structures are all demountable structures which are proposed to be relocated from the site in a flood event; and • The DA proposes a flood evacuation plan be prepared for the business.

Outdoor Advertising Structures Design Yes The proposed signage is consistent with the design guidelines in this chapter. Guidelines Heritage Conservation Design Yes/No*** As recommended by the applicants Heritage Consultant, given the significance of Guidelines the site relates primarily to its archaeological, historical and social values (not architectural), it is not necessary for the proposed additions not to match the existing shed, but rather it is preferable for them to be distinctive provided they are compatible and sympathetic.

The design and materials of the proposed new buildings are assessed as being acceptable in that they are: compatible and sympathetic to the industrial character of the existing shed, demountable in nature (i.e. readily reversible) and are largely screened from the public domain by the proposed 2m fence, existing vegetation and proposed landscaping. To enhance the compatibility of the development, conditions will be applied to ensure that the proposed plant rooms and ablutions block use quad profile gutters and are of a colour scheme that are sympathetic to the existing shed.

The proposed 2m timber fence is acceptable given the industrial nature of the site and compatible with the residential character of the southern side of Engine St.

Crime Prevention Through Environmental Design (CPTED)

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 51 Premises at 7 Engine Street, South Lismore

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LISMORE DEVELOPMENT CONTROL PLAN

Complies Relevant Comments Yes/No Surveillance, Yes The proposed adaptive re-use of the existing building is generally consistent with Access the CPTED principles within this chapter and on balance is considered to enhance Control, Target the safety and security of the area when compared with the existing vacant site. In Hardening, this regard, proposed conditions will be applied in relation to: Territorial • lighting and landscaping (to enhance surveillance); and Reinforcement, • locking the gates after hours (to provide access control). Defensive Space The NSW Police Crime Prevention Officer raised no objections to the DA, subject to recommendations, including that CCTV be installed on the premises. The recommendation for CCTV will be applied as an advisory note.

Waste Minimisation Development Yes. A condition has been proposed to ensure compliance with this chapter of the Application DCP.

Water Sensitive Design Development No*** The DA does not address the requirements of this chapter and requests that in (Performance association with the request to defer works for the upgrade of the existing car park Criteria and for 2 years, the stormwater management plan outlining the nature of the works Suggested also be deferred. Solutions). While the request to defer works for the upgrade of the existing car park for 2 years is supported, it is considered necessary that the applicant demonstrate through ‘reasonable technical reporting and design detail’ at this the development stage, the proposed method to be adopted to comply with this Chapter and any interim measures that will be implemented during any period from construction to final sealing. In this regard, it is also noted that civil works associated with on-site traffic management will also be impacted upon the outcome of the required contaminated land assessment and potential remediation works. A standard condition has been proposed requiring the submission of necessary reporting prior to issue of any Construction Certificate.

Parking (Chapter 7 of the DCP) There is no parking rate in this chapter for ‘Artisan Food and Drink Industries’. Where the proposed land uses are not listed within this chapter, a survey of other similar developments and merit assessment is to be submitted with the DA for consideration.

The DA included a Traffic Report (from a consultant who has prepared reports for other similar developments) that provided the following parking assessment based off the proposed maximum number of patrons of 120 persons within the Tap House customer area:

…. the proposal will generate a relatively low demand for car parking given its focus on alcoholic beverage products and the type of service proposed (tasting sessions).

Unlike a typical licensed premise such as a hotel or club, the proposal is expected to attract a higher proportion of groups and therefore private vehicle occupancy will be higher as will the use of the proposed van / bus service and taxis. Larger patron sizes in accordance with the proposed limit typically occur when a new beverage product is being launched or a special tasting event is held. It is noted that patron sizes at other similar establishments on average weekdays and weekends, are typically well below the maximum limit.

From our experience with similar breweries and distilleries located in areas (eg Black Hops, Old Man Jack’s, Precinct at Burleigh Heads) which contain a mix of residential and employment generating uses, the proposal will also attract a significant volume of walk-in trips from surrounding residential and commercial areas. In this case, it

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 52 Premises at 7 Engine Street, South Lismore

Report is expected that a significant number of patrons will walk to the site from the commercial area located to the east off Union Street.

The following car parking characteristics are considered to be likely for a capacity event.

The above estimates assume that all staff will drive and travel separately, which is conservative. It also assumes that all patrons permitted to be at the site during a session will be there simultaneously. Typically, some would arrive and leave early and others would arrive and leave later, and therefore the actual number of patrons will generally be less than the permitted maximum. Regardless, it is estimated that the proposal will generate a demand for up to 27 spaces which is consistent with the proposed supply.

It is noted that it is practical to restrict patronage numbers for venues such as the proposed, particularly with recent changes to legislation which have been introduced to manage COVID 19. Table bookings, arrival times and potentially transport arrangements are now typically managed with a mobile phone application.

The above parking assessment is accepted as being reasonable and therefore the proposed 29 on-site car spaces appear likely to adequately accommodate the parking generated by the development (120 persons).

Notwithstanding the above, it is noted that under the BCA the proposed number of toilets limits the capacity of the premises to 100 persons. Limiting the capacity of the development to 100 persons gives even greater confidence that the 29 on-site car spaces will accommodate the parking generated by the development. A precautionary approach to on-site parking is considered to be appropriate in the circumstances given the residential nature of the southern side of the street and that there is limited on- street parking opportunities on the northern side of Engine street.

Vehicular Access The Traffic Impact Assessment (TIA) shows the access to the development being 6.5m in width and this is satisfactory to provide 2-way (entry/exit) access into the development. The additional information provided by the application has demonstrated that to allow Heavy Rigid Vehicles (HRV) to leave the property the access will need to be widened to ensure the HRV’s do not cross the centre of Engine Street and have an adverse impact on other road users. The existing secondary access (Western) for the property will not be used as part of this development.

Traffic Impact The Traffic Impact Assessment (TIA) prepared by the Traffic Consultant has determined that the following traffic will be generated by the development:

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 53 Premises at 7 Engine Street, South Lismore

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Converting these numbers to a daily average (7 days) results in approximately 85 vehicle trips per day. Council has no data for traffic along Engine Street, however we can assume that each property fronting Engine Street will on average generate 6.5 vehicle trips per day. As there are 15 properties that use Engine Street, we can assume that there are approximately 98 vehicle trips per day currently generated along Engine Street.

When considering the traffic from the proposed development we see a traffic increase of approximately 80% along Engine Street. Given this substantial increase in traffic along Engine Street it is considered reasonable that the northern half of the road be upgraded by the developer.

As the developments primary function is light industrial in nature and as per the above additional traffic, it is considered reasonable that Engine Street be upgraded to be compatible with an industrial road. Currently along the frontage of the site Engine Street is between 4.8 and 5.0m in width, which does not meet Council’s minimum requirements even for a residential Local Street (6.0m wide). As the TIA has stated that all parking can be accommodated on-site there is no need to include a parking lane along the frontage and therefore the upgrade would ideally need to be 3.5m in width for the full frontage of the site from the existing centreline of Engine Street and include kerb & gutter along with any drainage and verge works required. However, given the shape of the property, location of the access and that most cars will exit the site left towards Union Street, it is reasonable to require the upgrade only from the eastern boundary to the proposed driveway access location.

While the proposed traffic generation represents a substantial increase in traffic along Engine Street, the combined traffic of Engine Street is still relatively low, is well within the capacity of the street, is mostly passenger vehicles (not heavy vehicles) and is not considered to significantly affect the amenity of the neighbourhood.

Noise Impacts The DA is supported by a Technical Noise Impact Assessment, which has been prepared in recognition of contemporary noise legislation and companion guidelines. The modelling outcomes within the report demonstrate that noise levels from the proposed development are predicted to exceed the established project noise trigger level.

The brewery component and associated vehicle movements (modelled under noise enhancing conditions) achieved established project noise levels without attenuation measures. However, the Tap House customer area component (including entertainment inside and patron noise outside) modelled under noise enhancing conditions generated noise at levels exceeding project noise levels and thereby requiring a formal attenuation response.

Modelling outcomes demonstrate that noise levels from the proposed development with the inclusion of a 2m high acoustic attenuation barrier (fence structure) & the closure of door and windows during entertainment, will achieve established project noise levels.

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 54 Premises at 7 Engine Street, South Lismore

Report The technical report states the following in relation to the noise modelling:

For assessment purposes the modelling is uncalibrated and therefore has a limitation to the accuracy of predicted outcomes (+- 5dB(A). To address this limitation, and to ensure the recommended noise attenuation measures will achieve established project noise trigger levels it is recommended that a standard post construction ‘validation assessment’ be undertaken within three (3) months of commencement of the operations. A standard condition has been proposed in this regard.

Light Nuisance The DA is supported by a technical Land Use Conflict Risk Assessment (LUCRA) that utilises a risk matrix to rank the potential land use conflicts in terms of significance by an assessment of ‘probability of occurrence’ and ‘severity of impact’. The LUCRA assessed the impacts of light intrusion on residential properties immediately opposite the site entry/exit as ‘minor’. Having regard to the proposed development (hours of operation), the residential character of Engine Street (elevated dwellings) and the Industrial zoning of the site, the impacts of light intrusion on residential properties is assessed as being ‘moderate’ (not ‘minor’) and requiring a reasonable and feasible management response.

The ultimate solution to this impact and other traffic impacts is to relocate the car park entry/exit point away from residential dwellings accessing onto either Union Street or Kyogle Street. This solution however is not possible without obtaining a right of carriageway over adjoining lands. A more obvious option to mitigate the impact would be to restrict the hours of the Tap House component, which is proposed to operate until 9pm on Thursday, Friday and Saturday and 7pm on Sundays.

To reduce the severity of the impact of light intrusion on residential properties immediately opposite the site entry/exit from ‘moderate’ to ‘minor’, it is recommended that the hours of operation of the Tap Room activity be reduced from 9pm to 8pm on Thursday, Friday and Saturday and remain at 7pm on Sundays. This is considered to reasonably address the potential conflict of light intrusion by recognising that: • for the extended daylight savings period of the year daylight extends well into the evening period minimising the potential conflict. For the remaining period of the year, particularly the winter period, dwelling openings (windows) would be more likely ‘enclosed’ to promote a warmer internal climate thereby minimising the potential conflict; and • the sensitivity of residential occupancies to light intrusion during the early evening period is less impacting due to ‘domestic activities’ still being undertaken.

Odour The DA included an Odour Assessment that identified there are frequent processes at a brewery which have the potential to be a source of odour, including: • the waste effluent holding tanks; • the Boiler exhaust stack; and • the boiling of wort in the kettle.

The odour assessment concluded, due to the small scale of the brewery all foreseeable odour impacts are very manageable and should have minimal impact on the surroundings.

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 55 Premises at 7 Engine Street, South Lismore

Report Following a review of proposed development and odour assessment, Council’s Environmental Health Officer was satisfied that subject to conditions the craft brewery could satisfactorily manage odour and would not significantly affect the amenity of the neighbourhood.

Waste Management Solid Waste Representations have been made to NSW EPA regarding waste exemptions for the proposed waste management methodology for spent grain being utilised as agricultural stock feed. The NSW EPA advised that the re-use for the purpose of stock feed falls outside the POEO Act, waste framework and as such does not require an exemption for re-use. Conditions have been nominated to ensure the solid waste will not significantly affect the amenity of the neighbourhood.

Liquid Trade Waste The proposed development has two liquid trade waste (LTW) streams, including wastewater from the brewery operations and wastewater from the mobile food van(s). The wastewater from the brewery is proposed to be discharged to the sewer, which is acceptable subject to conditions.

No detail was submitted in relation to the wastewater from the mobile food van(s). Given their activity is relatively well known, their wastewater can be satisfactorily regulated as part of the Liquid Trade Waste application to be submitted to and approved by Council. In this regard however, it is noted that Council will require both sources of the trade waste to be pre-treated and discharged into the sewer and will not accept waste being transporting off-site.

Social Impact Given the Tap House proposes the service of alcohol to customers there is potential for alcohol related crime and antisocial behavior. For the following reasons, the likelihood of such impacts is assessed as being low and is not considered to be sufficient grounds upon which to refuse the DA: • the Tap House component is not proposed to be operated as a regular ‘pub’ as its primary aim is providing a customer experience via brewery tours and tastings/samplings, which are mostly offered in smaller quantities and charged at a premium price to reflect the tasting experience. This typically results in shorter stays and smaller quantities of alcohol being consumed by customers when compared with a pub; • the Tap House component is proposed to operate only 4 days per week and nominates limited hours of operation each day (i.e. premises closes by 8pm); • the premises will be licenced and as a result the responsible service of alcohol standards will be applied at all times; • the NSW Police Liquor Licencing section advised that they were not aware of a history of alcohol related issues associated with craft breweries in the region; and • A condition will be applied that an Operational Plan of Management be prepared for the development and that it addresses the proposed management of potential alcohol related social impacts.

Subject to conditions, the proposed development is not considered to result in any other potential land use conflicts (i.e. noise, odour, lighting, traffic, parking and dust) that will result in unacceptable social impacts upon surrounding residents.

Economic Impact The proposed development includes building and civil works and results in the establishment of a new business for the City of Lismore. Upon activation of the consent, this new development will generate short and long-term local employment opportunities and increase the diversity and prosperity of our local economy. This also aligns with the objectives of Councils adopted Economic Development Strategy 2019 -2024.

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 56 Premises at 7 Engine Street, South Lismore

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Accessibility Council’s Building Surveyor raised no issues in relation to accessibility other than noting that the proposed amenities need to be redesigned to provide equitable access to the accessible toilet. This can be achieved by altering the unisex accessible facility so that it is accessed from within the building.

EP&A Regulation 2000 (Designated Development) Breweries and distilleries are classified as designated development pursuant to Schedule 3 of the EP&A Regulation 2000 where they trigger any of the following thresholds:

Breweries or distilleries producing alcohol or alcoholic products— a) that have an intended production capacity of more than 30 tonnes per day or 10,000 tonnes per year, or b) that are located within 500 metres of a residential zone and are likely, in the opinion of the consent authority, to significantly affect the amenity of the neighbourhood by reason of odour, traffic or waste, or c) that release effluent or sludge— I. in or within 100 metres of a natural waterbody or wetland, or II. in an area of high watertable, highly permeable soils or acid sulphate, sodic or saline soils.

The proposal is not considered to be classified as designated development given: 1) The proposal does not exceed thresholds specified in a) or c); and 2) While the development is within 500 metres of a residential zone (the closest being the R2 Low Density Residential zone located approximately 65m to northwest beyond Kyogle Street), it is not considered to significantly affect the amenity of the neighbourhood by reason of ‘odour’, ‘traffic’ or ‘waste’ as discussed in detail above in this report.

Relevant Council Policies The proposed development is not considered to be inconsistent with the relevant policies.

Section 7.11 Contributions Plan The Lismore Contributions Plan states: Commercial and industrial development will be assessed on GFA in the first instance or if a change of use is proposed using an existing structure then on the change in the number of persons to be employed (equivalent full time).

The proposal includes a change of use and a small additional amount of GFA (approx. 63m2). The change of use will not result in an increase in the number of employees as the DA stated that the Engine shed contained approximately 30 employees at any given time. As a result, the contributions will be based on the additional GFA at the industrial rate given ‘Artisan Food and Drink Industries’ are classified under the LEP as a type of ‘light industry’.

The following Levies would therefore apply under Section 7.11 of the Environmental Planning and Assessment Act 1979 and amounts payable are set out below.

Levy Area Receipt GFA (m2) Cost Per Amount No. GFA/m 2 Payable Urban Traffic Management Facilities Industrial (Urban) 684 63 $28.44 $1,791.72 Stormwater Industrial (Urban) 735 63 $0.23 $14.49 Section 94 Plan Administration Industrial (Urban) 692 63 $0.57 $35.91 Total $1,842.12

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 57 Premises at 7 Engine Street, South Lismore

Report Roads Act Approvals The proposal requires works within the public road reserve, and as such, a permit under the provisions of s.138 of the Roads Act must be obtained prior to those works being undertaken. This requirement is addressed in relevant conditions of consent.

Local Government Act Approvals The proposal requires approval under the provisions of s.68 of the Local Government Act, which must be obtained prior to those works being undertaken. This requirement is addressed in relevant conditions of consent.

All Likely Impacts of the Development

All likely impacts of the proposed development have been considered within the context of this report.

ENVIRONMENTAL APPRAISAL CONSIDERED

1. Statutory Controls Yes

2. Policy Controls Yes

3. Design in relation to existing building and natural environment Yes

4. Landscaping/Open Space Provision Yes

5. Traffic generation and Carparking provision Yes

6. Loading and Servicing facilities Yes

7. Physical relationship to and impact upon adjoining development Yes (Views, privacy, overshadowing, etc.)

8. Site Management Issues Yes

9. ESD Principles and Climate Change Yes

10. All relevant 4.15 considerations of Environmental Planning Yes and Assessment (Amendment) Act 1979

Conclusion The DA seeks consent to undertake the adaptive re-use of the site as an Artisan Food and Drink Industry (Craft Brewery). While this is first DA for an Artisan Food and Drink Industry in the Lismore LGA, similar developments have already been successfully established in other centres in the northern rivers.

The subject land and shed are heritage listed as they were originally used to service train engines that used the Lismore to Murwillumbah rail line from 1894 to the 1930’s. The site and shed are currently vacant and have been for much of the last 15 years.

The proposed adaptive re-use of the site is considered to provide significant public benefits in that: • it activates a long term vacant industrial allotment that has been falling into a poor state of repair and resulting in a negative visual impact upon the surrounding area; • it facilitates the on-going conservation of a heritage item; and • it will establish a new business in South Lismore that will result in positive economic impacts.

Given the nature of the site, the proposed use and the surrounding properties, there is however also potential for adverse impacts, particularly upon the residential amenity of the surrounding properties. The likely impacts have been assessed in detail having regard to the characteristics and context of the site are deemed to be acceptable subject to conditions.

On balance, the site is assessed as being suitable for the proposed development and is recommended for a Deferred Commencement approval subject to the proposed conditions detailed in Attachment 1 to this report.

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 58 Premises at 7 Engine Street, South Lismore

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Attachment/s 1.⇨ Proposed Conditions of Consent (Over 7 pages) 2.⇩ Description of Development 3.⇩ Proposed Design Plans 4.⇩ DA Submission Summary Table 5.⇨ Combined Submissions (Over 7 pages)

Lismore City Council Meeting held 9 February 2021 - DA5.2020.441.1 - Artisan Food and Drink 59 Premises at 7 Engine Street, South Lismore

Description of Development Attachment 2

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Description of Development Attachment 2

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Description of Development Attachment 2

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Description of Development Attachment 2

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Description of Development Attachment 2

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Description of Development Attachment 2

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Proposed Design Plans Attachment 3

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Proposed Design Plans Attachment 3

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Proposed Design Plans Attachment 3

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Proposed Design Plans Attachment 3

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DA Submission Summary Table Attachment 4

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DA Submission Summary Table Attachment 4

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DA Submission Summary Table Attachment 4

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DA Submission Summary Table Attachment 4

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DA Submission Summary Table Attachment 4

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Report Report Subject DA5.2020.361.1 for Dwelling at 54 Satinwood Drive, McLeans Ridges TRIM Record No BP20/1069:DA20/361

Prepared by Development Assessment Officer (Planning)

Reason For Council determination

Strategic Theme Our built environment

Strategy Our built environment is managed and enhanced to meet the needs of our growing community. Action Provide development assessments in a timely, customer friendly and sustainable manner.

Executive Summary Council has received a development application for 54 Satinwood Drive, McLeans Ridges (DA20/361) for the construction of a dwelling on the property.

The application proposed a variation to Lismore Development Control Plan Part A Chapter 11 – Buffers (DCP Chapter 11), which generated a number of submissions in objection. Council staff advised the applicant that the application as proposed was not supported. This resulted in the location of the dwelling being amended to meet the requirements of DCP Chapter 11.

The application was called to Council for determination.

This report provides an assessment of the application and recommends that Council approve the application (as amended).

Recommendation That Development Application 2020.361.1 for the proposed dwelling and variation to the Building Envelope at 54 Satinwood Drive, McLeans Ridges, be approved subject to the draft conditions of consent at Attachment 1 to this report.

Background 1 3 September 2020 Development application lodged (see Plate 1 below Site Analysis and Site Plan) proposing 19 metres separation from adjoining macadamia plantation. 2 16 September 2020 Initial request for additional information relating to on-site sewage management sent to the applicant. 3 6 October 2020 Further letter requesting additional information specifically relating to potential for land use conflict with the adjoining macadamia plantation. 4 19 October 2020 Land use conflict risk assessment provided by the applicant. 5 11 November 2020 Letter to the applicant advising that the application as proposed is not supported and providing options: (a) Withdraw the application; or (b) Re-locate the proposed dwelling to comply with DCP Chapter 11 buffer requirements

Lismore City Council Meeting held 9 February 2021 - DA5.2020.361.1 for Dwelling at 54 Satinwood 75 Drive, McLeans Ridges

Report 6 23 October 2020 Application called up to Council for determination. 7 20 November 2020 Amended plans provided (as shown below at Plate 2) with dwelling sited in accordance with DCP Chapter 11 buffer requirements to minimise any potential for future land use conflict. 8 26 November 2020 Amended application on public exhibition until 10 December 2020. 9 2 December 2020 Updated on-site sewage management reports submitted.

Plate 1: Proposed Site Plan for application lodged on 3 September 2020

Plate2: Amended Proposed Site Plan from applicant on 11 December 2020

Lismore City Council Meeting held 9 February 2021 - DA5.2020.361.1 for Dwelling at 54 Satinwood 76 Drive, McLeans Ridges

Report Description of Proposal To undertake the construction of a four-bedroom dwelling with a north facing patio and front portico. It will be of lightweight construction on a concrete slab and clad with rendered Hebel panels painted in a light colour. The trussed roof will be clad with light coloured colorbond custom orb roof sheet.

Locality Map

Description of the Site / Locality 54 Satinwood Drive is a 9ha rural property situated on the north-east facing slope of a ridge running north-west to south-east. The site comprises a large area of cleared pasture land and the balance of the land contains existing trees. In 1998 the site was subdivided from a larger rural property and included a designated building envelope which formed part of the subdivision approval, and a building pad was formed at that time.

The site offers excellent views looking north across the rural valley from the high area of the property near the southern boundary.

The site has access from Satinwood Drive, which forms part of an adjacent rural residential development containing small holdings and associated dwellings. Immediately to the south of the property is a macadamia plantation, and to the east and north of the site is predominantly grazing land.

Statutory Controls Lismore LEP 2012 • Zoning – RU1 Primary Production zone • Item of Heritage – No • In vicinity of Heritage Item – No • Conservation Area – No S94 Contributions Plan (S7.11) – Yes Biodiversity Conservation Act 2016 – No Environmental Planning & Assessment Act 1979

Lismore City Council Meeting held 9 February 2021 - DA5.2020.361.1 for Dwelling at 54 Satinwood 77 Drive, McLeans Ridges

Report Local Development SEPP (Koala Habitat Protection) 2019 SEPP No. 55 – Remediation of Land SEPP (BASIX) 2004 SEPP (Vegetation in Non Rural Areas) 2017

Policy Controls Lismore Development Control Plan Community Consultation Plan – Appendix 1 (Council’s Community Engagement Strategy and Community Participation Plan) 5.2.29 Development Application Determination

Internal Referrals Building The application has been reviewed and comments provided, with no objections raised subject to the imposition of appropriate conditions which have been included in the draft conditions attached to this report.

Environmental Health CONTAMINATED LAND The proposed allotment is recognised as the residual lot from a previous rural residential subdivision. The lot has a designated building envelope. This area has been significantly reshaped to create a building platform. The initial proposal sought an amendment to buffer development standards to the adjoining intensive horticulture land use. This variation was not supported and amended plans demonstrating compliance with Chapter 11 – Buffers have been submitted. The amended site plan places the proposed dwelling within the previously established building envelope (north eastern portion) created as part of the initial subdivision. As the proposed site plan nominates the dwelling site within the previously approved building envelope no further technical reporting is required.

NOISE IMPACTS No adverse noise impacts are anticipated from the proposed development – rural residential dwelling.

ON-SITE SEWAGE MANAGEMENT See separate referral.

ENVIRONMENTAL IMPACTS (Amenity) No adverse impacts upon the amenity of the area are anticipated from the proposed development – rural residential dwelling. Standard conditions are nominated for water supply and waste management.

STORMWATER / TREATMENT DEVICES The provisions of Chapter 22 – Water Sensitive Design are not triggered by this application.

BUFFERS The development proposal is recognised as ‘encroaching development’ as described by Chapter 11 – Buffers Lismore Development Control Plan. The key matters for potential land use conflict are the intensive horticultural activity immediately adjoining the development site to the south (macadamia orchard).

The development proposal is supported by a ‘land use conflict risk assessment’ statement within the Statement of Environmental Effects and ‘Land Use Conflict Assessment’ report prepared by Bennell & Associates in response to Councils request for further information dated 6 October 2020.

A key matter in the SEE statement is that the proposed development site and designated building envelope were the subject of a Council approval pre-dating the intensification of agricultural (macadamia orchard) immediately adjoining to the south and as such the agricultural activity is the ‘encroaching

Lismore City Council Meeting held 9 February 2021 - DA5.2020.361.1 for Dwelling at 54 Satinwood 78 Drive, McLeans Ridges

Report development’ under the provisions of Chapter 11. This position is not supported as the adjoining agricultural activity is an activity that does not require the consent of Council and therefore the provisions of the DCP do not apply. Councils ‘Stop the Clock’ letter has addressed the provisions of Clause 1.9 of the LEP and the consideration of instruments, in this case the Section 88B instrument defining the building envelope.

In response to Councils letter dated 12 November 2020 amended information has been provided to Council demonstrating compliance with the development standard of Chapter 11 – Buffers by the provision of a physical separation of distance of 80m incorporating a 30m biological buffer (as shown above at Plate 2).

Standard conditions have been nominated regarding submission of and approval of a landscape plan for the biological buffer and restriction on title for the preservation of the same.

Environmental Health (On—Site Sewage Management) As a result of a written request to the applicant by Council dated 21 September 2020 for an amended wastewater report the applicant has submitted a new amended report by Regional Geotechnical Solutions (RGS) Report No. RGS32276.1 – AB Rev.1 Dated 23 October 2020 (“the Report”).

The report has addressed the issues raised by Council and demonstrates that the proposed system and buffer distances are all reasonable and meet the requirements of Councils On-site Sewage and Wastewater Management Strategy 2013 (OSWMS) and that it is possible to manage wastewater for the dwelling site.

It is noted that the original dwelling site may possibly be different to that referred to in the report. However, it appears that if the dwelling site was to be relocated as shown in updated plans by PCB Architectural Drafting (as shown above at Plate 2) and associated correspondence dated 19 November 2020 that this would not adversely impact on the ability of the site to manage wastewater from the dwelling.

Standard conditions have been nominated to address these matters.

Engineering/Traffic/Stormwater Drainage VEHICULAR ACCESS/SIGHT DISTANCE The site does not appear to have a current vehicular access. Given where Satinwood Drive currently ends the applicant will be required to provide a sealed access that is 3.0m in width and approximately 35m in length to reach the property boundary.

SIGHT DISTANCE (Visibility) As the access will be from the end of the cul-de-sac there will be no sight distance issues.

TRAFFIC IMPACT There will be no additional traffic generated by this development that was not considered when the land was originally created.

PEDESTRIAN SAFETY There are no pedestrian facilities along Satinwood Drive.

PARKING MANOEUVRING There is adequate space on the site to allow for a vehicle to perform a turning manoeuvre and exit in a forward direction.

STORMWATER (Quantity) There is adequate space on the site to discharge stormwater without impacting any adjoining properties.

Lismore City Council Meeting held 9 February 2021 - DA5.2020.361.1 for Dwelling at 54 Satinwood 79 Drive, McLeans Ridges

Report FLOODING (bulk earthworks, overland flow) The site is not mapped as being affected by the 1% AEP flood event.

Notification/ Submissions The application was notified to adjoining and surrounding property owners in accordance with the provisions of the Community Consultation Plan – Appendix 1 (Council’s Community Engagement Strategy and Community Participation Plan) for the Notification and Advertising of Development Applications. As a result of the notification, seven (7) submissions were received which are summarised as follows:

Name of Submitter Summary of Issues Raised Assessment Comment Jocelyn Ross & Ian • The established building pad has been • Noted for future investigation Gailer significantly enlarged by earthworks after the approval of a DA for construction of a shed • Inaccurate claim that the subdivision was • Noted created in 1998 as the subdivision dates back to at least 1997 • Proposed dwelling in a light colour with • Condition of consent imposed to address light roofing will be clearly visible from local any reflectivity from the roof streets • Noted for future investigation • Questions the existing building pad complies with planning controls • Addressed by conditions of consent • No erosion controls were in place previously • Noted for future investigation • Application states a row of trees has been planted along the southern boundary near the macadamia plantation however, a large number of these now mature trees were removed by the current owner for the shed and earthworks Newton Denny • The proposal will result in land use conflict • Noted and addressed by Council staff in Chapelle on behalf of and is not in accordance with Lismore the assessment process adjoining landowner DCP Chapter 11 Buffers Craig Parrish • Chapter 11 requires a 150 metre • Proposed dwelling has been re-located separation buffer or alternatively an 80 to meet the requirements of DCP metre separation buffer with the inclusion Chapter 11, Lismore LEP 2012 and State of a 30 metre wide biological buffer Environmental Planning Policy (Primary • The proposal does not comply with the Production and Rural Development) objectives of the RU1 Primary Production 2019 zone of Lismore LEP 2012 • The proposal does not comply with State Environmental Planning Policy (Primary Production and Rural Development) 2019 Craig & Kara Parrish • The proposal will result in land use conflict • Noted and addressed by Council staff in Roseville Macadamias and is not in accordance with Lismore the assessment process Pty Ltd DCP Chapter 11 Buffers • DCP Chapter 11 clearly defines an • Proposed dwelling has been re-located ‘encroaching development’ and states that to meet the requirements of DCP the responsibility for the buffer area is the Chapter 11 and address any potential for encroaching development land use conflict • The existing building envelope provides sufficient room to build and meet Council’s requirements for an 80metre setback and a 30 metre biological buffer • The positive covenant/building envelope was created for the benefit of Lismore City Council not the landowner • A 1.8 metre colorbond fence provides no • The Colourbond fence has now mitigation towards either the perceived or been removed and does not form

Lismore City Council Meeting held 9 February 2021 - DA5.2020.361.1 for Dwelling at 54 Satinwood 80 Drive, McLeans Ridges

Report Name of Submitter Summary of Issues Raised Assessment Comment real potential for land use conflict part of the application. • Council, both planning and building, have advised us numerous times that “Council is extraordinarily strong and consistent on • This is correct and has again been applying the relevant buffers, and have consistently applied in this instance done so for many years now” • Letter of support from the Australian Macadamia Society • Information noted • Submission also included history of the land • Submission also raised various points • Conditions of consent imposed to ensure relating to planning controls, description of the planting of the buffer and the the development, buffers and earthworks continued integrity of the buffer plantings

Bruce & Glen • Currently have views west to McLeans • Noted Greenland Ridges of green rolling hills and pasture • The proposed development will • The existing dwellings on Satinwood compromise those views and reduce their Drive and Carabeen Place are in closer amenity proximity to their property than the • Description of the proposed building to be proposed dwelling painted in light colours with the roof in a • The roof colour has been addressed by light coloured colourbond is not in keeping conditions of consent with the countryside environment • The fence is not approved as part of this • The 1.8m colourbond fence is also of application concern in terms of ambience Keiran Byrnes • Was required to locate house more than • The same requirement has been applied 80 metres from the closest macadamia to this application tree • House was positioned with a less desirable westerly aspect • Advised by staff that if a development was • That is correct and has been applied to approved at 54 Satinwood Drive it would this application not be at the proposed location due to the fact it would also require a buffer • Existing buffer needs to be retained to also • This will be addressed by conditions of protect their dwelling from spray drift development consent • Location of the house will impact their • Proposed dwelling site is more than 250 privacy and will be located in an elevated metres from her home and does not position looking down on their home have direct sight line • The proposed 1.8 metre colourbond fence • Dwelling design ensures no living areas is not in keeping with the rural area with large windows face that direction • The fence is not approved as part of this application Department of Primary • The implementation of the NSW Right to • Noted Industries Farm Policy is a priority for DPI Agriculture • Proposed site for the dwelling has the • Noted and addressed by Council staff in potential impact agricultural operations at the assessment process Lot 1 DP 851599 given the lack of adequate buffering between the proposed • Proposed dwelling has been re-located dwelling and the existing macadamia farm to meet the requirements of DCP • Separation distances should only be Chapter 11 and address any potential for reduced where acceptable alternative land use conflict mitigation measures are proposed • Vegetation buffer will be required and • Lismore DCP provides for reduced secured by s88b instrument as stated in physical separation distances where a proposed conditions of consent biological buffer is applied however, no buffer has been identified for this proposal • Council’s DCP Chapter 11 provisions • The entirety of the building envelope for allow 80 metres with 30 metre planted Lot 12 is within 150 metres of the buffer boundary of Lot 1

Lismore City Council Meeting held 9 February 2021 - DA5.2020.361.1 for Dwelling at 54 Satinwood 81 Drive, McLeans Ridges

Report Name of Submitter Summary of Issues Raised Assessment Comment Second submission • A LUCRA must be completed by a suitably • Noted Craig & Kara Parrish qualified person • LUCRA report submitted does not provide • Noted – staff advised that the application any sound scientific basis or reasoning was not supported based on the • Further points raised in the submission submitted documents relating to the deficiencies of the submitted LUCRA report • Assessment noted by Tim Fitzroy and • Engaged Tim Fitzroy, an expert in this supported by staff comments field, to provide a review of the LUCRA by Bennell & Associates.

Following receipt of requested additional information, in response to concerns raised relating to buffer distances, the application was re-notified to adjoining property owners on 26 November 2020, and no further submissions received.

Consideration The relevant matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, are assessed under the following headings:

Lismore LEP 2012

Zone, Definition and Permissibility The proposed development is permissible as “Dwelling House” within the RU1 Primary Production zone under the provisions of the Lismore LEP 2012.

Zone objectives and Zoning Control Tables Having regard to the provisions of Lismore LEP 2012, it is considered that:

(a) The development is in accordance with clause 2.3 and promotes the specific aims of this plan, the objectives of the zone and the objectives of the controls, and (b) The development, in particular, is in accordance with and promotes the character of the neighbourhood within which the development is carried out.

As such, consent to the development may be granted.

Part 4 – Principal Development Standards 1. Erection of dual occupancies and dwelling houses on land in certain rural zones (cl 4.2B) Development consent can be granted for a dwelling house as the proposed development is on a lot created under an environmental planning instrument and on which the erection of a dwelling house is permissible

2. Height of buildings (cl 4.3) There is no building height specified however, the single storey dwelling is considered appropriate.

3. Subdivision of, or dwellings on, land in certain rural, residential or environment protection zones (cl 5.16) The proposed development, as originally submitted to Council, did not comply with the provisions of this clause. The application was subsequently amended by re-locating of the proposed dwelling house to minimize potential land use conflict between existing development on adjacent rural land

Part 6 – Additional Local Provisions 4. Earthworks (cl 6.2) Earthworks have been proposed as part of this application which have been addressed by the imposition of standard conditions of consent.

Lismore City Council Meeting held 9 February 2021 - DA5.2020.361.1 for Dwelling at 54 Satinwood 82 Drive, McLeans Ridges

Report

5. Drinking water catchments (cl 6.4) The proposed development is within the Wilson River drinking water catchment and is unlikely to have any adverse impact on the quality and quantity of water entering the drinking water storage. This has been supported by the imposition of standard conditions of consent.

6. Essential services (cl 6.9) All essential services are available to the proposed development.

Biodiversity Conservation Act 2016 The proposed development requires development consent from Council under Part 4 of the Environmental Planning and Assessment Act 1979. The proposed development is not on land included on the Biodiversity Values Map and does not involve clearing of native vegetation in excess of the area clearing threshold. The proposed development is not likely to significantly affect threatened species or ecological communities, or their habitats, and is not in a declared area of outstanding biodiversity value. A Biodiversity Development Assessment Report is therefore not required to be submitted.

The test under section 7.3 of the Biodiversity Conservation Act 2016 has been conducted and the proposal does not trigger the offset scheme threshold.

SEPP (Koala Habitat Protection) 2019 The site is over 1ha in area, and there is no potential koala habitat on the site.

The proposed dwelling house does not propose any vegetation removal and will not disturb any areas of potential habitat. On this basis it was concluded that further investigation into core koala habitat, or an individual koala plan of management, is not required for this development under the terms of SEPP (Koala Habitat Protection) 2019.

SEPP 55 & Contaminated Land Management Issues Following a review of available information, Council is unaware of any contamination affecting the site. The subject site has been considered in the context of Clause 7 of State Environmental Planning Policy 55 and the Contaminated Lands Management Act and is considered unlikely the subject site presents contamination issues such that remediation would be required for the development to proceed.

SEPP (BASIX) 2004 The proposed development has been accompanied by a compliant BASIX Certificate and the plans submitted reflect these commitments.

SEPP (Primary Production and Rural Development) 2019 The proposed development, as originally submitted to Council, did not comply with the provisions of this SEPP. The application was subsequently amended by re-locating of the proposed dwelling house to comply with the provisions of this SEPP.

Lismore Development Control Plan The application has been assessed against the relevant controls in the Lismore DCP as indicated in the following compliance table, and comments are provided where the proposal does not strictly comply with the applicable provisions or conditions are required to address certain matters. Additional more detailed comments with regard to the major issues are provided after the table.

Lismore City Council Meeting held 9 February 2021 - DA5.2020.361.1 for Dwelling at 54 Satinwood 83 Drive, McLeans Ridges

Report 1. Development Control Plan Compliance Table

LISMORE DEVELOPMENT CONTROL PLAN

Complies Relevant Comments Yes/No Residential Development 4.1 - Element – Setbacks, Design, Density and Height Yes Proposed development complies with 4.2 - Element – Visual Privacy Yes each Element as addressed within the 4.3 – Element - Acoustic Privacy Yes Statement of Environmental Effects on 4.4 – Element - Open Space and Landscaping Yes pages 2 to 3 4.5 – Element Earthworks, Retaining Walls and Erosion Yes Controls 4.6 – Element – Off street Car Parking, Carports, Yes Garages, Outbuildings and Driveways 4.7 – Element - Fences and Walls Yes 4.8 – Element - Service Areas Yes 4.9 – Element Orientation, Glazing and Shade Control Yes 4.10 – Element – Onsite Sewage and Waste Water Yes Management System Buffers Conflicts in Land Uses Yes Proposed development plans amended Recommended Buffers Yes as requested by staff to meet the requirements of this DCP Chapter

Section 7.11 Contributions Plan The proposed development will not result in any increased demand for public services and amenities, because the proposed development is a single dwelling and the parcel of land has a credit applicable to a single dwelling.

Therefore, no levies are applicable to this application.

Applicable Regulations The application has been lodged and assessed in accordance with all relevant Regulations.

Relevant Council Policies 5.2.29 Development Application Determination In accordance with the provisions of this Policy the matter is reported to Council for determination.

Design The design is considered to be of a character that is compatible with the surrounding residential area.

Materials The materials proposed to be used are considered to be of a character that is compatible with the surrounding residential area. The colour bond fence is now not proposed on the amended plans, due to the compliance with the subject Chapter 11 buffers. It may also be exempt development at a future time.

Amenity The proposal provides a high level of amenity through the provision of appropriate buffer distance from adjoining macadamia plantation and buffer planting in accordance with the requirements of Lismore Development Control Plan Part A Chapter 11 – Buffers.

Lismore City Council Meeting held 9 February 2021 - DA5.2020.361.1 for Dwelling at 54 Satinwood 84 Drive, McLeans Ridges

Report Roads Act Approvals The proposal requires works within the public road reserve, and as such, a permit under the provisions of s.138 of the Roads Act must be obtained prior to those works being undertaken. This requirement is addressed in relevant conditions of consent.

Local Government Act Approvals The proposal requires approval under the provisions of s.68 of the Local Government Act for installation of an on-site sewage management system which must be obtained prior to those works being undertaken. This requirement is addressed in relevant conditions of consent.

All Likely Impacts of the Development

All likely impacts of the proposed development have been considered within the context of this report.

ENVIRONMENTAL APPRAISAL CONSIDERED

1. Statutory Controls Yes

2. Policy Controls Yes

3. Design in relation to existing building and natural environment Yes

4. Landscaping/Open Space Provision Yes

5. Traffic generation and Carparking provision Yes

6. Loading and Servicing facilities Yes

7. Physical relationship to and impact upon adjoining development Yes (Views, privacy, overshadowing, etc.)

8. Site Management Issues Yes

9. ESD Principles and Climate Change Yes

10. All relevant 4.15 considerations of Environmental Planning Yes and Assessment (Amendment) Act 1979

Submitter’s Concerns The matters raised in the original submissions have been addressed in the body of this report.

No submissions were received, when the application was re-notified with the dwelling amended compliant setbacks.

Comments Finance Not required for this application.

Public consultation Public consultation conducted as previously addressed in this report.

Conclusion The proposed dwelling meets all statutory and Council policy requirements and is considered to be in the public interest. The issues raised in submissions have been satisfactorily addressed within this report. The concern with the original buffer setbacks has been redressed and the current proposal is generally compliant with the LEP and DCP.

Lismore City Council Meeting held 9 February 2021 - DA5.2020.361.1 for Dwelling at 54 Satinwood 85 Drive, McLeans Ridges

Report Council staff support the proposed development and it is recommended the application be approved, subject to conditions.

Attachment/s 1.⇩ Draft Conditions of Development Consent

Lismore City Council Meeting held 9 February 2021 - DA5.2020.361.1 for Dwelling at 54 Satinwood 86 Drive, McLeans Ridges

Draft Conditions of Development Consent Attachment 1

Lismore City Council Meeting held 9 February 2021 - DA5.2020.361.1 for Dwelling at 54 Satinwood 87 Drive, McLeans Ridges

Draft Conditions of Development Consent Attachment 1

Lismore City Council Meeting held 9 February 2021 - DA5.2020.361.1 for Dwelling at 54 Satinwood 88 Drive, McLeans Ridges

Draft Conditions of Development Consent Attachment 1

Lismore City Council Meeting held 9 February 2021 - DA5.2020.361.1 for Dwelling at 54 Satinwood 89 Drive, McLeans Ridges

Draft Conditions of Development Consent Attachment 1

Lismore City Council Meeting held 9 February 2021 - DA5.2020.361.1 for Dwelling at 54 Satinwood 90 Drive, McLeans Ridges

Draft Conditions of Development Consent Attachment 1

Lismore City Council Meeting held 9 February 2021 - DA5.2020.361.1 for Dwelling at 54 Satinwood 91 Drive, McLeans Ridges

Draft Conditions of Development Consent Attachment 1

Lismore City Council Meeting held 9 February 2021 - DA5.2020.361.1 for Dwelling at 54 Satinwood 92 Drive, McLeans Ridges

Report Report Subject 5.2020.149.1 - Proposed Detached Dual Occupancy Dwelling at 100 Bishops Creek Road, Coffee Camp TRIM Record No BP20/1150:DA20/149

Prepared by Development Assessment Officer (Planning)

Reason For determination by Council

Strategic Theme Our built environment

Strategy Our built environment is managed and enhanced to meet the needs of our growing community. Action Ensure new buildings and infrastructure meets relevant standards.

Executive Summary Council has received a development application for 100 Bishops Creek Road, Coffee Camp (DA20/149) for the construction of an additional dwelling on the property to create a detached dual occupancy.

The application seeks a variation to Lismore Local Environmental Plan 2012 (LLEP 2012) Clause 4.2C(2)(c). This is the clause that enables Council to consider the approval of detached dual occupancy in the RU1 Primary Production zone.

The variation sought is to the standard that specifies: • each dwelling will be situated within 100m of each other.

The proposed location is approximately 157m from a dwelling under construction, recently approved by DA2018/427. A Circular from the Department of Planning & Environment dated February 21, 2018, notified Councils that where an LEP numerical standard is varied by greater than 10%, only Council can assume the Secretary’s concurrence to determine the application. Therefore, as the variation sought in this application is a 57% variation to the development standard, it requires determination by Council.

This report provides an assessment of the application and recommends that Council approve the application, plus the requested variation to clause 4.2C(2)(c) LLEP 2012. Draft conditions are included as an attachment to the report.

No submissions were received as a result of notification of the application.

Recommendation That: 1. pursuant to clause 64 of the Environmental Planning and Assessment Regulation 2000, Council assumes the concurrence of the Secretary of the Department of Planning and Environment for a Lismore Local Environmental Plan 2012 clause 4.6 variation to the development standard in clause 4.2C(2)(c) that each dwelling will be located within 100m of each other, to 157 m; and

2. pursuant to section 4.16 of the Environmental Planning and Assessment Act 1979, Council grant consent to Development Application 2020.149.1 for a detached dual occupancy at 100 Bishops Creek Road, Coffee Camp, subject to the conditions attached to this report as Attachment 1.

Lismore City Council Meeting held 9 February 2021 - 5.2020.149.1 - Proposed Detached Dual 93 Occupancy Dwelling at 100 Bishops Creek Road, Coffee Camp

Report Background

1 7 May 2020 Development application lodged proposing a detached dual occupancy development with a separation distance of 140 metres 2 21 May 2020 Initial request for additional information relating to the required plans and proposed variation of development standard (100 metres distance between dwellings) as well as on-site sewage management, forwarded to the applicant 3 3 August 2020 Additional information provided for on-site sewage management and amended plans provided by the applicant

4 28 August 2020 Applicant requested to provide further information relating to the required plans and proposed variation of development standard

5 5 November 2020 Further information and plans provided by the applicant

6 5 November 2020 E-mail forwarded to the applicant seeking further clearer plans 7 13 November 2020 Letter to the applicant advising that the application as proposed is not supported and providing options: (a) withdraw the application; or (b) re- locate the proposed dwelling to comply with LLEP 2012 100 metre development standard 8 1 December 2020 Amended plans provided with justification for variation to the development standard 9 23 December 2020 Site inspection conducted by the Assessing Officer and Manager – Built Environment

Site and Locality The subject property is known as Lot 21 DP 1161719 and addressed as 100 Bishops Creek Road, Coffee Camp. The subject property is located about 1km west of the Bishops Creek Road / Nimbin Road intersection.

The locality is generally characterised by grazing land and associated dwellings.

Lismore City Council Meeting held 9 February 2021 - 5.2020.149.1 - Proposed Detached Dual 94 Occupancy Dwelling at 100 Bishops Creek Road, Coffee Camp

Report Locality Map

Plate 1: Locality plan

Description of the Proposal The proposal seeks the erection of a second dwelling to create a Detached Dual Occupancy at 100 Bishops Creek Road, Coffee Camp. The proposed dwelling comprises three bedrooms, kitchen / dining / living area, laundry and two bathrooms / toilets.

The proposed dual occupancy dwelling will be located within 157 metres of the approved dwelling currently under construction (as approved by DA2018/427). The dwelling will operate on stand-alone power and comprises a rainwater tank of 45,000L capacity and will effectively manage on-site effluent disposal.

The application seeks a clause 4.6 variation to LEP clause 4.2C(2)(c), which is the clause that enables Council to consider the approval of a detached dual occupancy in the RU1 Primary Production zone, and specifically that:

• each dwelling will be situated within 100 metres of each other.

The variation is supported by Council’s development assessment staff on the grounds that it meets the requirements of Clause 4.6 to vary development standards where the applicant can demonstrate:

Lismore City Council Meeting held 9 February 2021 - 5.2020.149.1 - Proposed Detached Dual 95 Occupancy Dwelling at 100 Bishops Creek Road, Coffee Camp

Report (a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case; and (b) that there are sufficient environmental planning grounds to justify contravening the development standard.

The applicant submits that the proposed dual occupancy dwelling cannot be physically located within 100 metres of the dwelling currently under construction. The reasons put forward relate to the physical constraints on the land as follows:

• the land is crossed by a permanent creek and a number of ephemeral gullies; • the dwelling and associated on-site sewage management system approved in the north eastern corner of the property is on land that is unconstrained by any creek / gully buffers; • the topography of the land is quite steep in some areas; • the proposed dwelling location does not result in the loss of any native vegetation.

The site plan below at Plate 2 details the physical constraints on the land.

Plate 2: Site and Constraints plan

Lismore City Council Meeting held 9 February 2021 - 5.2020.149.1 - Proposed Detached Dual 96 Occupancy Dwelling at 100 Bishops Creek Road, Coffee Camp

Report Statutory Controls Lismore LEP 2012 • Zoning – RU1 Primary Production • Item of Heritage – No • In vicinity of Heritage Item – No • Conservation Area – No S94 Contributions Plan Environmental Planning & Assessment Act 1979 SEPP (Primary Production and Rural Development) 2019 Local Development

Policy Controls Lismore Development Control Plan 5.2.29 Development Application Determination 5.2.30 Social Impact Assessment 5.17.8 Sustainability, Viability & Amenity of Rural & Urban Land

Internal Referrals Building The application has been reviewed and comments provided, with no objections raised subject to the imposition of appropriate conditions which have been included in the draft conditions attached to this report.

Engineering VEHICULAR ACCESS/SIGHT DISTANCE The access required for the dwelling under construction (as approved by DA18/427) will need to be upgraded as a result of the proposed additional dwelling to meet the standards for a dual occupancy. In this regard the access will need to be 5.5m in width and any areas of the driveway in excess of 12% are required to be sealed.

SIGHT DISTANCE (Visibility) The sight distance along Bishops Creek Road is adequate for the access locations and speed environment.

TRAFFIC IMPACT The development will generate an additional 6.5 vehicle trips per day with the surrounding road network having the capacity to cater for the increase.

PEDESTRIAN SAFETY There are no pedestrian facilities along Bishops Creek Road.

PARKING MANOEUVRING There is adequate space on the site to allow for vehicles to perform a turning manoeuvre to exist the in a forward direction.

STORMWATER (Quantity) There is adequate space on the site to allow for stormwater discharge without impacting any adjoining properties.

FLOODING (bulk earthworks, overland flow) The site is not mapped as being affected by the 1% AEP flood event.

Lismore City Council Meeting held 9 February 2021 - 5.2020.149.1 - Proposed Detached Dual 97 Occupancy Dwelling at 100 Bishops Creek Road, Coffee Camp

Report Environmental Health CONTAMINATED LAND The site is not listed as potentially contaminated according to council’s database. A preliminary Contaminated Land Assessment has been prepared to support the application. The technical report reasonably satisfies the objectives of Councils Regional Policy for the Management of Contaminated Land concluding that the proposed development site is suitable for the intended use.

NOISE IMPACTS Standard conditions have been nominated to protect the area from constructional noise.

ON-SITE SEWAGE MANAGEMENT Now considered by Council’s Wastewater Officer.

ENVIRONMENTAL IMPACTS (Amenity) Standard conditions have been nominated to protect the amenity of the area.

DRINKING WATER There has been no discussion on how drinking water will be supplied for the development. It is anticipated water will be supplied via roof rainwater tanks. A condition has been nominated to provide a suitable water supply.

STORMWATER / TREATMENT DEVICES The provisions of Council’s DCP Chapter 22 – Water Sensitive Design are not triggered by this development.

BUFFERS A basic assessment of buffer issues has been provided with the application. The surrounding land use is mainly cattle grazing. There is no intensive agriculture within at least 150m from the development site. The proposed development is about 80m from the nearest property boundary which exceeds the minimum requirement for cattle grazing. This proposed development meets the requirements of Council’s DCP Chapter 11 Buffer Areas. Further investigation into this matter not required.

On-Site Sewage Management Additional information was requested from the applicant to address Council’s On-Site Sewage and Wastewater Management Strategy. The requested information has been supplied in an amended report dated June 2020 prepared by Ecoteam Report No. 19245.

The information provided by the applicant demonstrates that it is possible to manage wastewater for the dwelling site. Proposed is a composting toilet, and associated greywater system of a 3000L tank, 2 x reed bed cells and 3 x ETA beds 15.0m long x 2.0m wide.

Standard conditions of consent have been nominated.

Ecology The application has been reviewed and comments provided, with no objections raised to the proposed development. No conditions are recommended.

External Referrals (for concurrence) Rural Fire Service The application was referred to NSW Rural Fire Service and comments were received on 26 May 2020, raising no objection and recommending five (5) conditions be placed on any Development Consent, which has been included within the draft conditions of consent.

Lismore City Council Meeting held 9 February 2021 - 5.2020.149.1 - Proposed Detached Dual 98 Occupancy Dwelling at 100 Bishops Creek Road, Coffee Camp

Report Notification/ Submissions The application was notified to adjoining and surrounding property owners in accordance with the provisions of the Community Consultation Plan – Appendix 1 (Council’s Community Engagement Strategy and Community Participation Plan) for the Notification and Advertising of Development Applications. As a result of the notification and advertising, no submissions were received.

Consideration The relevant matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, are assessed under the following headings:

Lismore LEP 2012

Zone, Definition and Permissibility The proposed development is permissible as “detached dual occupancy” within the RU1 Primary Production zone under the provisions of the Lismore LEP 2012.

Zone objectives and Zoning Control Tables Having regard to the provisions of Lismore LEP 2012, it is considered that:

(a) The development is in accordance with clause 2.3 and promotes the specific aims of this plan, the objectives of the zone and the objectives of the controls, and (b) The development, in particular, is in accordance with and promotes the character of the neighbourhood within which the development is carried out.

As such, consent to the development may be granted.

Part 4 – Principal Development Standards 1. Erection of dual occupancies (detached) in Zone RU1 (cl 4.2C) The proposal is considered to be in keeping with the objectives of the clause in that it provides new accommodation for rural families and workers, will have minimal impact on the primary production potential of the land and is of an appropriate scale for the site.

An assessment of the site and the development application confirms: • the development will not further impair the use of the land for agriculture or rural industries; • each dwelling will use the same vehicular access to and from a public road; • the land is physically suitable for the development; • the land is capable of accommodating the on-site disposal and management of sewage for the development, and • the development will not have an adverse impact on the scenic amenity or character of the rural environment.

An application to vary the development standard 4.2C(2)(c) that each dwelling will be situated within 100m of each other is addressed below.

2. Exceptions to development standards (cl 4.6) The objects of this clause are: (a) to provide an appropriate degree of flexibility in applying certain development standards to particular development; and (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

Lismore City Council Meeting held 9 February 2021 - 5.2020.149.1 - Proposed Detached Dual 99 Occupancy Dwelling at 100 Bishops Creek Road, Coffee Camp

Report Development consent may be granted under Clause 4.6(3) for a development that would otherwise contravene a development standard imposed by an environmental planning instrument where the applicant has provided a written request demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case; and (b) that there are sufficient environmental planning grounds to justify contravening the development standard.

The variation being sought is not prohibited by Clause 4.6(6) or 4.6(8).

The Clause sought to be varied is 4.2C(2)(c) being that: • each dwelling will be situated within 100 metres of each other

The following table addresses the considerations in Appendix 3 of the Department of Planning and Environment’s guide on varying development standards by the applicant:

Considerations Planner’s comments 1. What is the name of the environmental Lismore Local Environmental Plan 2012 planning instrument that applies to the land? (LLEP2012)

2. What is the zoning of the land? RU1 3. What are the objectives of the zone? • To encourage sustainable primary industry production by maintaining and enhancing the natural resource base. • To encourage diversity in primary industry enterprises and systems appropriate for the area. • To minimise the fragmentation and alienation of resource lands. • To minimise conflict between land uses within this zone and land uses within adjoining zones. • To preserve rural resources by ensuring that the viability of rural land is not extinguished by inappropriate development or incompatible uses. • To enable a range of other uses to occur on rural land providing such uses do not conflict with existing or potential agriculture and do not detract from the scenic amenity and character of the rural environment.

4. What is the development standard being That each dwelling will be situated within 100 varied? metres of each other.

5. Under what clause is the development Clause 4.2C(2)(c) of the Lismore LEP 2012 standard listed in the environmental planning instrument? 6. What are the objectives of the development a) to provide alternative accommodation for rural standard? families and workers, b) to protect the primary production potential of the land, c) (c) to ensure development is of a scale and nature that is compatible with the rural character and environmental capabilities of the land.

Lismore City Council Meeting held 9 February 2021 - 5.2020.149.1 - Proposed Detached Dual 100 Occupancy Dwelling at 100 Bishops Creek Road, Coffee Camp

Report Considerations Planner’s comments 7. What is the numeric value of the development 100 metres. standard in the environmental planning instrument? 8. What is the proposed numeric value of the 157.2 metres development standard in your development application? 9. What is the percentage variation (between the 57.2% proposal and the environmental planning instrument? 10. How is strict compliance with the development The subject land is crossed by a permanent creek standard unreasonable or unnecessary in this and a number of ephemeral gullies. A dwelling particular case? and associated on-site sewage management system (OSMS) has been approved in the north eastern corner of the property (DA2018.427) on land that is unconstrained by any creek / gully buffers.

It is submitted that there is insufficient land to local a second dwelling plus OSMS and future reserve effluent disposal areas for both dwellings on the unconstrained land in the north east.

A site assessment confirms that other areas within 100m are constrained by steep slopes and watercourses (as shown above at Plate 2).

The proposed location is consistent with the objectives of clause 4.2C.

11. How would strict compliance hinder the Strict compliance would hinder the attainment of attainment of the objects specified in Section the following objectives; 5(a)(i) and (ii) of the Act? (a) to promote the social and economic NB: Objectives are now Section 1.3 of the Act. welfare of the community and a better environment by the proper management, development and conservation of the State’s natural and other resources, (b) to facilitate ecologically sustainable development by integrating relevant economic, environmental and social considerations in decision-making about environmental planning and assessment, (c) to promote the orderly and economic use and development of land, (d) to promote the delivery and maintenance of affordable housing,

12. Would strict compliance with the standard, in The applicant contends that there is insufficient your particular case, be unreasonable or land to locate a second dwelling plus OSMS and unnecessary? Why? future reserve effluent disposal areas for both dwellings on unconstrained land in the north east. The closest unconstrained location for the proposed dwelling from the existing dwelling is 157.2 metres.

Lismore City Council Meeting held 9 February 2021 - 5.2020.149.1 - Proposed Detached Dual 101 Occupancy Dwelling at 100 Bishops Creek Road, Coffee Camp

Report Considerations Planner’s comments The applicant has satisfactorily demonstrated that strict compliance is unreasonable or unnecessary in this case. Minimal adverse impacts have been identified and the proposal is consistent with the objectives of the clause. 13. Are there sufficient environmental planning • The proposed development is consistent with grounds to justify contravening the development the approved and permissible use of the land. standard? Give details. • The proposed development will not result in land use conflict. • The proposed development meets all the objectives of Clause 4.2C. • There is no loss of amenity and no apparent adverse social, environmental or economic impacts.

Part 6 – Additional Local Provisions 3. Earthworks (cl 6.2) Minor earthworks only are proposed.

4. Flood planning (cl 6.3) The site is not identified as being flood prone.

5. Drinking water catchments (cl 6.4) The site is not within a drinking water catchment.

6. Essential services (cl 6.9) All essential services are available to the proposed development.

Biodiversity Conservation Act 2016 The proposed development requires development consent from Council under Part 4 of the Environmental Planning and Assessment Act 1979. The proposed development is on land included on the Biodiversity Values Map, but does not involve clearing of native vegetation in excess of the area clearing threshold.

The proposed development is not likely to significantly affect threatened species or ecological communities, or their habitats, and is not in a declared area of outstanding biodiversity value. A Biodiversity Development Assessment Report is therefore not required to be submitted.

SEPP (Koala Habitat Protection) 2020 The site is over 1ha in area, and there is no potential koala habitat on the site, nor any proposed vegetation removal as part of this application, apart from noxious weeds.

On this basis it was concluded that further investigation into core koala habitat, or an individual koala plan of management, is not required for this development under the terms of this SEPP.

SEPP 55 & Contaminated Land Management Issues Following a review of available information, Council is unaware of any contamination affecting the site. The subject site has been considered in the context of Clause 7 of State Environmental Planning Policy 55 and the Contaminated Lands Management Act and is considered unlikely the subject site presents contamination issues such that remediation would be required for the development to proceed.

Further discussion on this issue is included at Internal Referral Officer’s comments under the heading “Environmental Health”.

Lismore City Council Meeting held 9 February 2021 - 5.2020.149.1 - Proposed Detached Dual 102 Occupancy Dwelling at 100 Bishops Creek Road, Coffee Camp

Report SEPP (Primary Production and Rural Development) 2019 The proposed development generally meets the objectives of this SEPP.

Lismore Development Control Plan The application has been assessed against the relevant controls in the Lismore DCP as indicated in the following compliance table, and comments are provided where the proposal does not strictly comply with the applicable provisions or conditions are required to address certain matters. Additional comments about other issues have been provided after the table.

1. Development Control Plan Compliance Table

LISMORE DEVELOPMENT CONTROL PLAN

Complies Relevant Comments Yes/No Residential Development Information required with Development Yes Information provided Applications Design, Layout and Landscaping Yes Provided with the application Car Parking Spaces Required Yes Adequate car parking spaces have been provided for the proposed dwelling Buffers Conflicts in Land Uses Yes The proposed dwelling is located more than 30 metres Recommended Buffers Yes from adjacent grazing land

Section 94 Contributions Plan The levies imposed by Condition No. 43, as contributions towards the cost of meeting increased demand for public services and amenities that will result from the development, are identified in this Schedule.

The following Levies are charged under Section 7.11 of the Environmental Planning and Assessment Act 1979 and amounts payable are set out below.

Levy Area Receipt No. of Cost Per Amount No. New New Payable Dwellings Dwelling Community Services and Facilities Residential (Rural North) 672 1 195.55 195.55 Public Domain Facilities Residential (Rural North) 676 1 751.27 751.27 Open Space and Recreational Facilities - Tucki Tucki Creek - Residential (Rural North) 671 1 77.58 77.58 - Lismore Park - Residential (Rural North) 670 1 262.59 262.59 Rural Traffic Management Facilities Residential (Rural North) 679 1 4,372.59 4,372.59 Stormwater Residential (Rural North) 693 1 48.81 48.81 Section 94 Plan Administration Residential (Rural North) 690 1 122.74 122.74 Total $5,831.13

Lismore City Council Meeting held 9 February 2021 - 5.2020.149.1 - Proposed Detached Dual 103 Occupancy Dwelling at 100 Bishops Creek Road, Coffee Camp

Report Applicable Regulations The application was lodged and assessed in accordance with the requirements of the Environmental Planning & Assessment Regulation 2000.

Relevant Council Policies 5.2.29 Development Application Determination Application referred to Council for determination as the application proposes a variation to an LLEP 2012 development standard of more than 10%.

5.2.30 Social Impact Assessment Not required for this application & of minimal impact having regard to the distances from the boundary.

5.17.8 Sustainability, Viability & Amenity of Rural & Urban Land The proposed development generally complies with the objectives of this Policy

Design The design is deemed to be compatible with the surrounding residential area.

Amenity The proposal provides a high level of amenity as it is located on an unconstrained section of the land, with minimal detrimental impact upon adjoining properties and or other owners.

Suitability of the site The proposed application demonstrates the proposed location of the additional dwelling is appropriate given the physical constraints on the land.

Roads Act Approvals The proposal requires works within the public road reserve, and as such, a permit under the provisions of s.138 of the Roads Act must be obtained prior to those works being undertaken. This requirement is addressed in relevant conditions of consent.

Local Government Act Approvals The proposal requires approval under the provisions of s.68 of the Local Government Act on-site sewage management which must be obtained prior to those works being undertaken. This requirement is addressed in relevant conditions of consent.

All Likely Impacts of the Development

All likely impacts of the proposed development have been considered within the context of this report.

ENVIRONMENTAL APPRAISAL CONSIDERED

1. Statutory Controls Yes

2. Policy Controls Yes

3. Design in relation to existing building and natural environment Yes

4. Landscaping/Open Space Provision Yes

5. Traffic generation and Carparking provision Yes

6. Loading and Servicing facilities Yes

7. Physical relationship to and impact upon adjoining development Yes (Views, privacy, overshadowing, etc.)

8. Site Management Issues Yes

9. ESD Principles and Climate Change Yes

Lismore City Council Meeting held 9 February 2021 - 5.2020.149.1 - Proposed Detached Dual 104 Occupancy Dwelling at 100 Bishops Creek Road, Coffee Camp

Report

10. All relevant S79C considerations of Environmental Planning Yes and Assessment (Amendment) Act 1979

Submitter’s Concerns No submissions were received in relation to the proposed development.

Comments Finance Not required for this application.

Other staff comments Not required for this application.

Public consultation Addressed previously in this report.

Conclusion The proposal seeks an LEP variation of more than 10% to Clause 4.2C(2)(c) being that, each dwelling will be situated within 100m of each other.

A Circular from the Department of Planning & Environment dated February 21, 2018 notified Councils that where a numerical standard is varied by greater than 10%, Council can assume the Secretary’s concurrence. Therefore, the variation sought in this application requires a determination by Council.

The LEP variation is supported on the basis that the proposed location is suitable for a dwelling with minimal adverse impacts. The proposal allows for the construction of a detached dual occupancy dwelling on a site that is physically constrained by topography, watercourses, vegetation and the like. The proposal is consistent with the objectives of clause 4.2C for rural dual occupancies and the applicant has satisfactorily demonstrated it meets the objectives and requirements for an LEP variation under Clause 4.6.

Attachment/s 1.⇨ Draft Conditions of Development Consent (Over 7 pages)

Lismore City Council Meeting held 9 February 2021 - 5.2020.149.1 - Proposed Detached Dual 105 Occupancy Dwelling at 100 Bishops Creek Road, Coffee Camp

Report Report

Subject LEP amendment - Natural Disaster Opt-In Clause

TRIM Record No BP20/1151:EF19/72-02

Prepared by Strategic Planning Coordinator

Reason To recommend that Council support the inclusion of a Natural Disaster clause in the Lismore LEP 2012 Strategic Theme Our built environment

Strategy Our land-use planning caters for all sectors of the community.

Action Ensure a diverse range of land use and development opportunities are available.

Executive Summary The Department of Planning, Industry and Environment (DPIE) has prepared an optional provision for inclusion in local environmental plans that is aimed at making it easier for the community to rebuild and repair dwellings following a natural disaster.

This report recommends that Council support the inclusion of the clause, Dwelling house or secondary dwelling affected by natural disaster in the Lismore Local Environmental Plan 2012 and advise the DPIE that it endorses the inclusion of the clause by way of an Amending State Environmental Planning Policy.

Recommendation That Council: 1. Endorse the inclusion of the proposed ‘Natural Disaster’ Clause, titled Dwelling house or secondary dwelling affected by natural disaster, in the Lismore Local Environmental Plan 2012 as set out in this report with application in the following zones: • RU1 Primary Production • RU2 Rural Landscape, • RU5 Village, • R1 General Residential, • R2 Low Density Residential, • R3 Medium Density Residential, • R5 Large Lot Residential, and • E3 Environmental Management and:

2. Advise the Department of Planning, Industry and Environment that it supports the inclusion of the Natural Disaster clause through an Amending State Environmental Planning Policy.

Background Over the 2019-20 Australian summer, natural disasters such as bushfires and floods impacted upon thousands of homes across NSW. Many people affected by these natural disasters sought planning approvals to enable them to rebuild or repair their homes.

Lismore City Council Meeting held 9 February 2021 - LEP amendment - Natural Disaster Opt-In 106 Clause

Report The Department of Planning, Industry and Environment (DPIE) worked with local councils during 2020 to help communities recover after the natural disasters by looking at ways to make it easier to rebuild and repair dwellings following a natural disaster. One of the DPIE’s initiatives was to prepare an optional provision for inclusion in the Standard Instrument (Local Environmental Plans) Order, which Councils can then opt to include in their local environmental plan (LEP). The aim of the clause is to support quicker rebuilds of dwellings.

In August 2020 DPIE sought feedback on the proposed clause as well as an indication of Council interest in incorporating the final clause into LEPs. Once the clause was finalised, the Department would then amend the (LEPs) of interested Councils to include the clause rather than each Council undertaking individual amendments to its LEP, which represents a considerable saving in resources and time.

Council’s Strategic Planning and Built Environment staff considered there was merit in the optional clause and advised the Department that Lismore City Council would be interested in incorporating the final clause in its LEP.

In December 2020 the Department provided the final draft LEP clause along with supporting Guidance Material and invited councils that expressed an interest to provide formal confirmation they wish to incorporate the Natural Disasters Clause into their LEP. This confirmation is sought by 15 February 2021, after which the Department will progress an amending State Environmental Planning Policy (Amending SEPP) which will insert the Clause into the relevant participating LEPs. Councils are also required to nominate the zones where the clause will apply.

Councils that do not wish to express an interest in incorporating the clause into their LEP at this stage can progress their own planning proposal should they choose to incorporate the clause into their LEP later.

Draft LEP Clause – what will it do? The clause will apply to development applications to rebuild or replace lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster. Applicants seeking to make DAs in accordance with the clause will need to outline the nature, extent and circumstances of the damage caused by the natural disaster. The DA must be made no later than five years after the day on which the natural disaster caused the damage or destruction.

A natural disaster is not defined in the legislation but is taken to be an extreme weather event that is consistent with the commonly understood meaning of the term and includes floods, bushfires, earthquakes, storms, cyclones, storm surges, landslides and tsunamis.

The clause will provide that approval to repair or rebuild a dwelling, including a secondary dwelling, can be granted if the original lawful dwelling was destroyed or damaged in a natural disaster, despite any other provisions in the LEP (notably development standards). This will remove the requirement for applicants to submit a request to vary a development standard where a development standard is contravened, which will save time and resources for applicants and consent authorities.

A merit assessment against relevant considerations under section 4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act) will still be required; however, the rebuild or repair cannot be refused based on any development standards in the LEP. If council considers the site is unsuitable for redevelopment under section 4.15 of the EP&A Act due to, for example, flooding concerns, the DA may be rejected on this basis.

Why is the Clause needed? The need for the new clause has arisen as the Department has received feedback that uncertainty in respect to whether LEP provisions that enable consent to be granted for a dwelling house which is intended only to replace an existing lawfully erected dwelling house could apply when a dwelling is completely destroyed (ie no longer exists). Additionally, the Department has been advised that another impediment facing the rebuild of dwellings is changes in minimum lot size controls over time. The new

Lismore City Council Meeting held 9 February 2021 - LEP amendment - Natural Disaster Opt-In 107 Clause

Report clause would mean that an applicant will not have to submit a clause 4.6 variation if planning controls have changed since the dwelling was built, saving the applicant time and money, and providing them certainty in respect to being able to lodge a DA for rebuild.

Where will the Clause apply? Councils are requested to nominate in which land use zones the clause will apply. It is recommended that the clause should apply in zones in which a dwelling house and secondary dwelling are permitted with consent. These zones are: RU1 Primary Production, RU2 Rural Landscape, RU5 Village, R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential, R5 Large Lot Residential and E3 Environmental Management. It is noted that Council can still refuse a development application if the site is considered unsuitable, for example, if the dwelling is located in an area defined as a floodway.

Draft Clause The proposed Natural Disaster clause, with the recommended zones in which it would apply, is provided below:

Dwelling house or secondary dwelling affected by natural disaster (1) The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwelling that have been damaged or destroyed by a natural disaster. (2) This clause applies to land in the following zones— (a) RU1 Primary Production, (b) RU2 Rural Landscape, (c) RU5 Village, (d) R1 General Residential, (e) R2 Low Density Residential, (f) R3 Medium Density Residential, (g) R5 Large Lot Residential, (h) E3 Environmental Management. (3) Despite any other provision of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if— (a) the dwelling house or secondary dwelling was lawfully erected, and (b) the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

Comments Finance Not required.

Other staff comments The draft clause and its implications have been discussed with Built Environment staff in the preparation of this report and the recommendation.

Public consultation The DPIE has consulted with Councils about this project. The Department will now prepare an Amending State Environmental Planning Policy that will incorporate the new clause into the LEPs of participating Councils. It is understood this will not require public consultation.

Lismore City Council Meeting held 9 February 2021 - LEP amendment - Natural Disaster Opt-In 108 Clause

Report Conclusion In August 2020 DPIE sought feedback on a proposed ‘Natural Disaster’ clause aimed at making it easier for the community to rebuild dwellings lost or damaged during a natural disaster. Council’s Strategic Planning and Built Environment staff believe there is merit in including the clause in the Lismore LEP.

This report recommends that Council endorse the inclusion of the clause into the LEP and to advise the DPIE accordingly. The Department will then progress an amending State Environmental Planning Policy (Amending SEPP) to insert the Clause into relevant participating LEPs, which will save Council time and resources.

Attachment/s There are no attachments for this report.

Lismore City Council Meeting held 9 February 2021 - LEP amendment - Natural Disaster Opt-In 109 Clause

Report Report Subject Clyde Campbell Solar Car Park and EV Charging Station Project - Delegation to Award Contract

TRIM Record No BP21/22:T20/24

Prepared by Investigations Engineer

Reason To ensure the timely delivery of the project.

Strategic Theme Our built environment

Strategy Our city and village services are well managed and maintained.

Action Plan for infrastructure that meets the needs of the community.

Executive Summary Council has received confirmation of Commonwealth grant funding for the Clyde Campbell Solar Car Park and Electric Vehicle (EV) Charging Station Project under the Drought Communities Programme.

This report seeks approval for an accelerated procurement process via General Manager delegation for the design and construct contract which will be awarded following an open tender process.

The proposed delegation would allow Council to award the contract at the earliest possible time, reducing procurement timeframes by as much as six weeks (the average time between close of tenders and contract award). This is necessary to optimise project timelines and ensure compliance with the grant milestones.

Therefore, in accordance with Section 377(1) of the Local Government Act 1993, this report seeks a resolution from Council to delegate authority to the General Manager to determine the tender relating to the Clyde Campbell Solar Car Park and EV Charging Station Project.

Recommendation That: 1. In accordance with Section 377(1) of the Local Government Act 1993 delegated authority be given to the General Manager to determine the tender for the Clyde Campbell Solar Car Park and EV Charging Station (design and construct). 2. Upon acceptance of a suitable tender, the General Manager execute the contract. 3. The General Manager advise Councillors via City Notes the details of the successful tenderer and provide progress updates throughout delivery.

Lismore City Council Meeting held 9 February 2021 - Clyde Campbell Solar Car Park and EV 110 Charging Station Project - Delegation to Award Contract

Report Background In January 2020 Council become aware it was eligible for Commonwealth grant funding under the Drought Communities Programme. Subsequently, at the meeting on 14 April 2020 Council resolved to submit a program of works to the funding body for consideration. The submission included the development and construction of the Clyde Campbell Solar Car Park and EV Charging Station Project.

Council received an unsolicited proposal in June 2020 in relation to delivery of this project, which was the subject of a Councillor briefing in September 2020 and reported to the meeting of Council in October 2020 in accordance with Council’s Unsolicited Proposal Policy and Guidelines. The second stage of the assessment process of that unsolicited proposal concluded that uniqueness and return on investment factors did not meet the relevant criteria to progress further through that process. That process has therefore been terminated, resulting in the need for the project to be put to the market.

In December 2020 Council received confirmation that it was successful in its application and the General Manager executed the funding deed in January 2021.

The milestones within the funding deed have construction being completed by 30 June 2021. This is a very tight timeframe, particularly given the requirement for a development application (DA) process to facilitate compliant construction.

With this, staff are looking to optimise the project timelines wherever possible and is seeking delegated authority to be given to the General Manager in accordance with Section 377(1) of the Local Government Act, 1993 to determine and award the tender for the Clyde Campbell Solar Car Park and EV Charging Station (design and construct).

Comments Finance The recommendation is supported.

Other staff comments Not required.

Public consultation The community will be provided opportunity to comment on the project as part of the DA process.

Conclusion Delegation to the General Manager is required to ensure the timely delivery of the project.

Attachment/s There are no attachments for this report.

Lismore City Council Meeting held 9 February 2021 - Clyde Campbell Solar Car Park and EV 111 Charging Station Project - Delegation to Award Contract

Report Report Subject Delivery Program - Progress Report - Quarter 2 - October to December 2020 TRIM Record No BP21/56:EF18/696

Prepared by Corporate Planning & Reporting Officer

Reason In accordance with the Local Government Act 1993, the General Manager is required to provide Council with a report on Delivery Program implementation at least every six months Strategic Theme Leadership and participation

Strategy We provide effective management and responsible governance.

Action Ensure the efficient and effective operation of Council.

Executive Summary The attached progress report provides a summary of progress against each of the activities in the Delivery Program 2017 – 2021 and Operational Plan 2020-21 between October and December 2020.

Recommendation That Council receive and endorse the attached Delivery Program Progress Report for the period October to December 2020.

Background The Local Government Act 1993 requires the General Manager to provide a report on the progress of implementing Council’s Delivery Program at least every six months. The attached report covers the period 1 October – 31 December 2020 and includes a traffic light update with supporting commentary for the Revised Delivery Program 2017-21/Operational Plan 2020/21.

The first page of the report provides instructions on how to read it, including an explanation of the terms used as well as the traffic light reporting system.

Comments Finance Not required

Other staff comments Not required

Public consultation The report will be placed on Councils website as well as the Your Say Lismore Engagement portal for community access.

Lismore City Council Meeting held 9 February 2021 - Delivery Program - Progress Report - Quarter 112 2 - October to December 2020

Report Conclusion This Progress Report details progress against the operational activities and projects as detailed in the Imagine Lismore Delivery Program 2017-2021/Operational Plan 2020-21 for the period October to December 2020.

Attachment/s 1.⇨ Progress Report Quarter 2 - October to December 2020 (Over 7 pages)

Lismore City Council Meeting held 9 February 2021 - Delivery Program - Progress Report - Quarter 113 2 - October to December 2020

Report Report

Subject December 2020 Quarterly Budget Review Statement

TRIM Record No BP21/50:EF09/580-03

Prepared by Principal Accountant

Reason In accordance with Clause 203, Local Government (General) Regulations, Council approval is required to amend the 2020/21 Budget to reflect the actual or anticpated result Strategic Theme Leadership and participation

Strategy We provide effective management and responsible governance.

Action Ensure the efficient and effective operation of Council.

Lismore City Council Meeting held 9 February 2021 - December 2020 Quarterly Budget Review 114 Statement

Report Executive Summary The forecast consolidated financial results and cash position reported in the QBRS are:

• Net Operating Result for the Year – Surplus $8,983,500 • Net Operating Result for the Year before Capital Grants & Contributions – Deficit ($22,651,900) • Funding Sources (Consolidated) & Cash Position – Surplus $60,000

Major Movements on the Operating Result:

Unfunded Adjustments

The main movements are summarised as follows; • Reduction in Revolve Centre sales caused by COVID closures ($104,000) • Reduction in Pre-coat sales due to issue with plant ($126,900) • Audit fee over runs ($56,400) • Sale of surplus plant $567,000 – additional revenue above budget

Funded Adjustments

The main movements are summarised as follows; • Koala Strikeforce grants project ($1,145,000) funded by additional grant revenue $229,000 and unexpended grants $916,000 • Grant - Drought Communities Grant $650,000 • Deferred project grant funding for Instrument Landing System project ($4,370,000) • Grant - Country Passenger Transport Infrastructure $132,000 • Grant - Bridge Renewal Program Grant Funding for Bungabee Bridge. $560,000 • Lismore Employment Lands Project -$450,000

Major Movements – Capital Expenditure:

• South Lismore Sewage Treatment Plant Upgrade as per Council report and decision at meeting of 21 July 2020 ($2,250,000) • Deferred project – Stage 2 North Lismore Plateau wastewater $3,425,000 • Deferred project – Stage 2 North Lismore Plateau water supply $400,000 • Deferred project – Pineapple Road wastewater $2,400,000 • Deferred project – Nimbin water supply upgrade $2,000,000

Commentary on all recommended changes are included in the December 2020 Quarterly Budget Review Statement.

Key Performance Indicators (KPI) Of the seven KPI’s included in the December quarterly report, three are unfavourable compared to benchmarks. By comparison only two were reported as unfavourable in the September quarter. As at 30 September 2020 the Operating Performance Ratio and the Building & Infrastructure Renewals Ratio were unfavourable. As at 31 December 2020 the Debt Service Cover ratio is also unfavourable, due to timing of realisation of expenditure and revenues such as the Koala Strike project grant.

Long Term Financial Plan – Remediation While Council’s financial position at 30 June 2021 is anticipated to be satisfactory there are indicators that require immediate attention to ensure long-term financial sustainability.

Lismore City Council Meeting held 9 February 2021 - December 2020 Quarterly Budget Review 115 Statement

Report Recommendation That Council adopt the attached December 2020 Quarterly Budget Review Statement.

Background The Local Government (General) Regulation 2005 requires the annual budget to be monitored on an ongoing basis and a quarterly budget review statement prepared and reported to Council. The content is mandated by the NSW Office of Local Government.

The December 2020 Quarterly Budget Review Statement (QBRS) includes the recommended changes to the budget for the year-ended 30 June 2021. To meet financial reporting purposes, the QBRS has been prepared on a consolidated basis with internal transactions eliminated.

Only variations that can be reliably quantified or where there is substantial risk in meeting budget expectations have been reported.

For clarity, where an amount is ‘favourable’ to Council’s financial result for the year or financial position as at 30 June, it will be shown as un-bracketed. Where an amount is ‘unfavourable’ to Council’s financial result for the year or financial position as at 30 June, it will be shown as (bracketed).

December 2020 QBRS – Consolidated Summary Financial Results: Item Adopted Approved Recommended Revised 2020/21 2020/21 Carry Forward Changes Budget Budget and December 2020 September QBRS 2020 QBRS

Net Operating Result for the Year $18,469,000 (6,245,600) ($3,239,900) $8,983,500

Net Operating Result for the Year before Capital Grants & ($8,999,000) ($12,234,000) ($1,418,900) ($22,651,900) Contributions

The Net Operating Result for the Year before Capital Grants & Contributions is considered the more appropriate result as it excludes income received for capital purposes and therefore not matched by a related expense.

For the above results, a deficit means Council is using more resources (including depreciation) than it is generating in income, and a surplus means Council is generating more income than resources used. An ongoing deficit result is not financially sustainable.

There were adjustments made during the quarter to two supporting schedules included in the September 2020 Quarterly Business Review Statement. The Cash & Investments Budget Review Statement and the Capital Review Statement were updated to bring in line with the Income Statement (Consolidated) and the Funding Sources Statement (Consolidated). There is no impact to the overall position of Council as reported in the September 2020 Quarterly Business Review Statement.

Lismore City Council Meeting held 9 February 2021 - December 2020 Quarterly Budget Review 116 Statement

Report Key Performance indicators:

Ratio Commentary 1. Operating Performance Ratio This ratio measures the achievement of containing 1. Operating Performance Ratio operating expenses within operating revenue. Net operating result from continuing operations (excluding 0.05 capital items) as a percentage of operating revenue 2.63% (excluding capital items). 0.00 2019/20 2020/21 (O) 2020/21 (P) Consolidated: -0.05 Benchmark is greater than (0) -5.89% December 2020 – Unfavourable.

Ratio % Ratio -0.10 The unfavourable variance for the current year is due mainly to the increase in depreciation expense as a -0.15 result of the revaluation of roads assets in the 2019/20 financial year. -0.20 -18.08%

2. Own Source Operating Revenue Ratio This ratio measures Council's fiscal flexibility by reporting Council's reliance on external funding sources 100 % 2. Own Source Operating Revenue Ratio such as operating grants and contributions.

80 % 66.7% 69.8% 66.8% Council's financial flexibility improves the higher the level 60 % of its own source of revenue.

40 % Consolidated: 20 % Benchmark is greater than 60% Ratio % Ratio December 2020 – Favourable 0 % 2019/20 2020/21 (O) 2020/21 (P)

3. Unrestricted current ratio The 'unrestricted current ratio' represents a council's ability to meet short-term obligations as they fall due.

3. Unrestricted current ratio Restrictions placed on various funding sources (e.g. 1.6 Section 7.11 developer contributions) exclude these 1.62 1.6 funds from being used in day to day operations. 1.5 1.44 1.5 Consolidated: Benchmark is greater than 1.5x 1.4 1.37

Ratio : 1 : Ratio December 2020 – Favourable 1.4

1.3 Has been improving over the past few periods and is 1.3 now above benchmark. 2019/20 2020/21 (O) 2020/21 (P)

Lismore City Council Meeting held 9 February 2021 - December 2020 Quarterly Budget Review 117 Statement

Report

4. Debt Service Cover Ratio This ratio measures the availability of operating cash to service debt including interest, principal and lease 4. Debt Service Cover Ratio payments.

5.00 4.50 Consolidated: 4.00 Benchmark is greater than 2. 3.50 December 2020 – Unfavourable.

3.00 2.54 2.55 2.50 Has dropped below benchmark and requires ongoing 1.84

Ratio : 1 : Ratio 2.00 monitoring. The reduction is due to decreased operating 1.50 result, due to timing of realisation of expenditure and 1.00 revenues such as the Koala Strike project grant. 0.50 0.00 2019/20 2020/21 (O) 2020/21 (P)

5. Rates, Annual Charges, Interest & Extra This indicator assesses the impact of uncollected rates Charges Outstanding Percentage and annual charges on liquidity and the adequacy of recovery efforts. This percentage is based on the amount outstanding as a percentage of the amount to be 5. Rates, Annual Charges, Interest & Extra Charges collected for rates and annual charges for the current year and outstanding from previous years. 14 % 12 % The percentage will decline as the financial year 9.7% 9.6% 10 % 9.2% proceeds and rates instalments are due and paid. 8 % Consolidated:

Ratio % Ratio 6 % Benchmark is less than 10%. 4 % December 2020 – Favourable 2 % 0 % 2019/20 2020/21 (O) 2020/21 (P)

6. Cash Expense Cover Ratio The liquidity ratio indicates the number of months a council can continue paying for its immediate expenses without additional cash inflow. 6. Cash Expense Ratio 12.0

9.7 10.0 Consolidated: Benchmark is greater than 3x 8.0 December 2020 – Favourable 6.1 6.0 5.5

4.0

2.0

0.0 2019/20 2020/21 (O) 2020/21 (P)

Lismore City Council Meeting held 9 February 2021 - December 2020 Quarterly Budget Review 118 Statement

Report

7. Building & Infrastructure Renewals Ratio This ratio is to assess the rate at which assets are being renewed against the rate at which they are depreciated. 7. Building & Infrastructure Renewals Ratio Consolidated: 100 % 86.7% Benchmark is greater than 100%. 90 % December 2020 – Unfavourable 80 % 69.8% 70 % 60 % 49.0% The ratio is a snapshot of what is expected to be spent 50 % on renewals for the 2019/20 year only. The final ratio Ratio % Ratio 40 % may be impacted due to timing of completion of 30 % budgeted works as a result of weather or realignment of 20 % priorities as a result of additional grant funding from the 10 % Transport for NSW. 0 % 2019/20 2020/21 (O) 2020/21 (P)

Public consultation Not required

Attachment/s 1.⇨ December 2020 Quarterly Budget Review Statement (Over 7 pages)

Lismore City Council Meeting held 9 February 2021 - December 2020 Quarterly Budget Review 119 Statement

Report Report

Subject Investments - December 2020 and January 2021

TRIM Record No BP21/39:EF20/252

Prepared by Management Accountant

Reason Required by Local Government Act 1993, Local Government (General) Regulations 2005 and Council's Investment Policy Strategic Theme Leadership and participation

Strategy We provide effective management and responsible governance.

Action Ensure the efficient and effective operation of Council.

Executive Summary Investments as at 31 January 2021 are estimated to be $87,977,000.

The interest rate reported for January 2021 is estimated to be 0.77% which is above the 90 Day Bank Bill Index of 0.01%. The final interest return may vary due to actual returns achieved on investments advised after month end.

Recommendation That the report be received and noted.

Background The Local Government Act, 1993 (Section 625), Local Government (General) Regulations 2005 (Clause 212) and Council’s Investment Policy requires a monthly report be submitted to Council on investments. The report is to include the source and amount of funds invested, investment portfolio performance for the period and a statement of compliance in relation to the requirements of the Local Government Act, 1993.

Report on Investments • Confirmation of Investments – at Market Value – 30 November 2020 $92,557,000 • Confirmation of Investments – at Market Value – 31 December 2020 $91,207,000 • Estimated Investments – at Market Value – 31 January 2020 $87,977,000

Investments increased from the time of writing the November 2020 Investment Report to the end of the month by $8.2 million. This was mainly due to the second instalment of rates being due on 30 November 2020 as well as $3.3 million received from Transport for NSW for works carried out during the prior month, $1.077 million first instalment for the Lismore Employment Lands Grant for Oliver Avenue works, sale of equipment including the Quarry Mobile Cone Crusher of $773,300 and the second instalment of the Financial Assistance Grant of $752,000 being received.

Lismore City Council Meeting held 9 February 2021 - Investments - December 2020 and January 120 2021

Report Investments decreased by ($1.35 million) during December 2020 and a further ($3.23 million) during January 2021 due to routine payments of creditors, loan repayments and staff at a time when little income is received.

The current rate of return on investments for January 2021 is estimated to be 0.77% using actual returns where available, and estimates based on the previous period balances and interest rates. This is above the 90 Day Bank Bill Index of 0.01%.

The estimated interest earned for January 2021 is $54,098. Estimated interest earned to date is $492,913 which is less than the pro rata 2020/21 Budget of $582,458. This is an unfavourable variance of $89,545. The current investing environment is still complicated with liquidity levels still high for many institutions affecting their ability to take funds and the interest rates available in the market. The current rate of return on investments has decreased further during January however the overall value of the portfolio remains high due to the timing of works being carried out. This will continue to be monitored and an adjustment reported to the budget if required.

Compliance with New Policy Requirements

A new investment policy was adopted by Council in May 2020. This policy shows a move towards the framework suggested by TCorp to comply with their borrowing requirements into the future.

A plan to move towards the new policy requirements is being followed, but as can be expected, this will take time, especially in the current COVID climate. As investments come due, wherever possible they are moved to comply with the new policy. No investment will be broken early to fit within the new framework.

The following is a summary of where Council’s investments currently sit in relation to the adopted policy requirements: -

Long Term Maximum Current Divestment Rating Portfolio Limit Holding Required

AAA 100% AA+ to AA- 100% 44% A+ to A 100% 14% A- 40% BBB+ 20% 15% BBB 10% 11% 1% BBB- and below – Local ADI’s 5% 3% BBB- and below - other 5% 13% 8% TCorp 100%

Investment in TCorp

In the coming months information will be gathered from TCorp in relation to the increases and decreases in returns over time of their various products to see what the general trend has been. This will be used to consider the investments that are available to council and where funds should be invested moving forward, while complying with the invest policy requirements.

Fossil Free (Ethical) Investments

As part of the new policy framework and within the limits of prevailing Legislation, Council’s investments will be made in consideration of the principals of ethical investment management.

Lismore City Council Meeting held 9 February 2021 - Investments - December 2020 and January 121 2021

Report

To meet the new adopted Investment Policy requirements, the holdings in some institutions that are fossil fuel free have been divested as they do not meet the new rating criteria. Investments in institutions that are not fossil fuel free but provide green term deposits and bonds are continually being investigated and will be considered within the investment framework as they become available and fit within the policy criteria.

Council now holds $11 million in Commonwealth Bank Green Term Deposits. The Commonwealth Bank, as an institution, invests in the fossil fuel industry but now provides Green Term Deposits that are Certified by the Climate Bond Initiative as meeting the Climate Bonds Standard criteria. The funds are used to mobilise capital towards assets that facilitate and support the transition to a low carbon economy such as renewable energy projects and low carbon initiatives. Council’s investments in Commonwealth Bank Green Term Deposits are included in the total for investments with no fossil fuel.

Following is a summary of the movement: -

As reported for As reported for January November 2020 2021 Type of Investment Value of % of Value of % of Investments Portfolio Investments Portfolio No Investment in Fossil Fuel Industry $46,000,000 55% $47,000,000 53% Investment in Fossil Fuel Industry $38,357,000 45% $40,977,000 47%

The amount held in investments in the Fossil Fuel Industry has increased slightly as reported for January 2021. This is due to additional funds invested with National Australia Bank and Bank of Queensland. These have been some of the only institutions taking funds that comply with the policy requirements.

The information for the assessment has been sourced from the website www.marketforces.org.au which is an affiliate project of the Friends of the Earth Australia. This is still considered the best information available to make this assessment.

Comments Responsible Accounting Officer All investments with various financial institutions have been made in accordance with the Local Government Act 1993, Local Government (General) Regulations 2005 and Council’s Investment Policy.

Conclusion A report on investments is required to be submitted to Council monthly. As at 31 January 2021, investments total $87,977,000 and the annualised rate of return is estimated at 0.77%.

Attachment/s 1.⇩ Capital Value Movements including name of institution, purchase date and maturity 2.⇩ Estimated interest showing interest rate and estimated interest earned for the year 3.⇩ Total Investment Portfolio held by month and Weighted Average Interest Rate graphical 4.⇩ Investment by Type - Graphical 5.⇩ Investment by Institution as a percentage of total portfolio graphical

Lismore City Council Meeting held 9 February 2021 - Investments - December 2020 and January 122 2021

Capital Value Movements including name of institution, purchase date and Attachment 1 maturity

Lismore City Council Meeting held 9 February 2021 - Investments - December 2020 and January 2021 123

Capital Value Movements including name of institution, purchase date and Attachment 1 maturity

Lismore City Council Meeting held 9 February 2021 - Investments - December 2020 and January 2021 124

Estimated interest showing interest rate and estimated interest earned for the Attachment 2 year

Lismore City Council Meeting held 9 February 2021 - Investments - December 2020 and January 2021 125

Estimated interest showing interest rate and estimated interest earned for the Attachment 2 year

Lismore City Council Meeting held 9 February 2021 - Investments - December 2020 and January 2021 126

Total Investment Portfolio held by month and Weighted Average Interest Rate Attachment 3 graphical

Lismore City Council Meeting held 9 February 2021 - Investments - December 2020 and January 2021 127

Investment by Type - Graphical Attachment 4

Lismore City Council Meeting held 9 February 2021 - Investments - December 2020 and January 2021 128

Investment by Institution as a percentage of total portfolio graphical Attachment 5

Lismore City Council Meeting held 9 February 2021 - Investments - December 2020 and January 2021 129

Reports Report Subject Councillors Expenses and Facilities Policy - July 2020 to December 2020 Reporting TRIM Record No BP21/3:EF19/668-03

Prepared by Executive Assistant - General Manager and Mayor & Councillors

Reason To satisfy the six monthly reporting requirement of the Councillors Expenses and Facilities Policy Strategic Theme Leadership and participation

Strategy Our decisions and actions are open, transparent, effective and in the interests of all. Action Manage Council meetings and provide support to Councillors in fulfilling their role.

Executive Summary The Councillors Expenses and Facilities Policy was adopted by Council in September 2017.

The policy requires a six monthly report to Council on the provision of expenses and facilities to councillors including a summary of expenses for each Councillors.

The period covered by this report is from 1 July 2020 to 31 December 2020.

The adopted report will be published on the Council’s website.

Recommendation That Council receive and note the report.

Background Policy 1.2.23 – Councillors Expenses and Facilities was adopted by Council in September 2017. The policy sets requirements for reporting back to Council on a six monthly basis. In particular, Clause 15 Reporting states:-

15.1. Council will report on the provision of expenses and facilities to Councillors as required in the Act and Regulations. 15.2. Detailed reports on the provision of expenses and facilities to Councillors will be publicly tabled at a Council meeting every six months and published in full on Council’s website. These reports will include expenditure summarised for each Councillor.

Attachment/s 1.⇨ 1.2.23 Councillor Expenses and Facilities Policy (Over 7 pages) 2.⇩ Councillors expenses report

Lismore City Council Meeting held 9 February 2021 - Councillors Expenses and Facilities Policy - 130 July 2020 to December 2020 Reporting

Councillors expenses report Attachment 2

Lismore City Council Meeting held 9 February 2021 - Councillors Expenses and Facilities Policy - July 2020 to December 2020 Reporting 131

Committee Recommendations

Committee Recommendation Committee Recommendation Traffic Advisory Committee Minutes - Meeting of 20 January 2021

Recommendation

That the minutes be received and adopted and the recommendations contained therein be adopted.

Attachment/s 1.⇩ Traffic Advisory Committee Minutes - Meeting of 20 January 2021

Lismore City Council Meeting held 9 February 2021 - Traffic Advisory Committee Minutes - 133 Meeting of 20 January 2021

Traffic Advisory Committee Minutes - Meeting of 20 January 2021 Attachment 1

MINUTES OF THE TRAFFIC ADVISORY COMMITTEE MEETING HELD IN THE COUNCIL CHAMBERS, CORPORATE CENTRE, 43 OLIVER AVENUE, GOONELLABAH ON WEDNESDAY, 20 JANUARY 2021 AT 10.00 AM.

Please note: These minutes are subject to confirmation at the next Council meeting.

Present

Councillor Bill Moorhouse (Chairperson), Ian Shanahan (Transport for NSW), Peter Ellem (on behalf of Janelle Saffin, MP) and Sgt Matthew Linton (Lismore Police).

In Attendance

Shelley Oldham (General Manager), Peter Jeuken (Director Infrastructure Services), Barry Goodwin (Design Services Engineer) and Maddison Spencer (minutes).

Apologies

TAC1/21 An apology for non-attendance was received on behalf of Janelle Saffin, MP (Member for Lismore).

Confirmation of Minutes

TAC2/21 The Committee was advised that the Traffic Advisory Committee report of 18 November 2020 was received and adopted by Council at its ordinary meeting of 8 December 2020, with the exception of TAC81/20 (refer Item 5.8 of these minutes).

Disclosure of Interest

Nil.

Part ‘A’ – Committee Recommendations

4.1 Request for No Parking zone – Nimbin Road, Goolmangar Store Request received from driver in relation to sight distance issues at intersection of Nimbin Road and Jiggi Road, Goolmangar. The intersection is at a T-intersection with Nimbin Road being the through road and Give Way signs governing Jiggi Road. Goolmangar Store is located on the western side of the intersection and presents sight distance issues to the north along Nimbin Road when vehicles park close to Jiggi Road. Nimbin Road is a rural regional road and provides the primary connection between Lismore and the tourist Village. The road is regularly used by commuters and tourists, including regular daily tourist and school buses. Traffic volumes are estimated at more than 200 vehicle movements per day through the intersection. There have been five recorded accidents at the intersection between 2000-2019 (no accidents recorded between 2014-2019).

Lismore City Council Meeting held 9 February 2021 - Traffic Advisory Committee Minutes - 134 Meeting of 20 January 2021

Traffic Advisory Committee Minutes - Meeting of 20 January 2021 Attachment 1

A site visit was undertaken with TfNSW delegate and Council officers to determine a suitable solution which was subsequently discussed at the meeting. The proposed changes include: (a) Adjusting the line marking to include edge lines (E1) and centreline (BB) lines on Nimbin Road to delineate through traffic and provide parking area adjacent to the shop. (b) Adjust the existing concrete teardrop further to Nimbin Road to improve sight distance and to coincide with Item (a) above. (c) Include Advance Warning 50kph speed signs on Nimbin Road (approaches from north and south as per standards to Goolmangar Village. (d) Repeater 50kph on the southern side of the intersection of Nimbin Road and Jiggi Road. (e) Remove the existing convex mirror on the eastern side of Nimbin Road and Jiggi Road intersection. (f) Pruning vegetation on the south-western side of the Nimbin Road and Jiggi Road intersection to allow sight distance to northbound vehicles.

(The Traffic Committee has previously not supported the installation of convex mirrors in rural situations as they provide drivers with a false sense of distances.)

TAC3/21 RECOMMENDED that: 1. Council in principle support changes to the intersection of Nimbin Road and Jiggi Road, Goolmangar, as prepared by Council’s Design Services team. 2. Council’s Design Services team finalise the design plan for installation and implementation by Civic Services staff. 3. The existing Bus stop on Jiggi Road next to the Goolmangar General Store be investigated for funding to install a bus shelter. 4. The existing convex mirror on the eastern side of the Nimbin Road and Jiggi Road intersection be removed. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Matthew Linton. Voting against: Nil.

Items for Discussion

5.1 Request to Extend 50 kph Speed Zone, Village of Wyrallah Request from several Wyrallah residents to extend the 50kph speed zone. Requests have been made from several residents from the Village of Wyrallah to extend the 50kph speed zone to the north and south of the village to encompass the village and dwellings. Speed zone reviews are managed by Transport for NSW and the Traffic Advisory Committee delegate provided alternate locations which meet relevant criteria, as follows: 1. The existing 50kph be retained, however repeater signs are recommended including larger signs. 2. Repeater signs be installed in both directions to alert motorists exiting Bridge Street of the relevant speed zone. 3. The signs on the southern end of the village be relocated further south to incorporate additional residential dwellings (near the intersection of Ferry Road).

TAC4/21 RECOMMENDED that: 1. Council support the changes to the existing 50kph speed zone as proposed by

Lismore City Council Meeting held 9 February 2021 - Traffic Advisory Committee Minutes - 135 Meeting of 20 January 2021

Traffic Advisory Committee Minutes - Meeting of 20 January 2021 Attachment 1

Transport for NSW. 2. The writer be advised of the outcomes including feedback from relevant Council sections on obligations for undertaking works in road reserves. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Matthew Linton. Voting against: Nil.

5.3 Discussion Items from Member for Lismore, Janelle Saffin

1. Efficacy of roundabouts located at: • Ballina Road and Wyrallah Road • Ballina Road and Union Street • Ballina Road and Dawson Street • Ballina Road and Molesworth Street. 2. Traffic congestion at: • Bangalow Road and Grace Road (near the General Store) • Sam Trimble Oval. 3. Pedestrian Crossing along Union Street. 4. Whian Whian Falls – parking and management near the falls.

TAC5/21 AGREED that: 1. The Committee note discussions and issues raised in relation to efficacy of several roundabouts along Ballina Road and traffic congestion through Bexhill. 2. Council formally request access to traffic modelling of Lismore by Bitzios Consulting. 3. Council’s Design Services team investigate funding opportunities to upgrade the existing pedestrian crossing adjacent to 135 Union Street, South Lismore. 4. A speed zone review of Whian Whian Road be undertaken by Transport for NSW. 5. Council’s Design Services team prepare a plan for line marking and No Stopping zones along Whian Whian Road for implementation by Civic Services. 6. Council’s Civic Services section be requested to undertake roadside clearing in the vicinity of Whian Whian Falls. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Matthew Linton. Voting against: Nil.

5.5 Lismore Employment Lands Project, Oliver Avenue Extension and Proposed Roundabout, Goonellabah

Council has received funding under the Lismore Employment Lands NSW funding grant for the construction of two major infrastructure projects, comprising: 1. Construction of a link road from Oliver Avenue near the industrial estate, north-east to connect with Oliver Avenue (east) and provide an alternate arterial route to the roundabout at the intersection of Ballina Road, Oliver Avenue and Pineapple Road. 2. Construction of a new roundabout at the intersection of Oliver Avenue and Holland Street. 3. Modification of the existing roundabout at the intersection of Ballina Road (B60) and Holland Street to facilitate a left-turn exit from Ballina Road (westbound) for B-double vehicles. The detailed designs and preliminary investigations are currently underway with construction planned for June 2021.

TAC6/21 RECOMMENDED that: 1. Council support in principle the concept plan for the proposed roundabout and onstreet parking modification at the intersection of Holland Street and Oliver Avenue. 2. Council support in principle the concept plan for the proposed modification to the

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Traffic Advisory Committee Minutes - Meeting of 20 January 2021 Attachment 1

existing roundabout at the intersection of Ballina Road (B60) and Holland Street to facilitate a left-turn exit from Ballina Road (westbound) for B-double vehicles. 3. A speed zone review of the proposed Oliver Avenue extension be undertaken by Transport for NSW. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Matthew Linton. Voting against: Nil.

5.7 Molesworth Main Street Revival Project - Changes to Onstreet Parking Request received for the Committee to consider changes to parking zones as proposed in conjunction with the Your High Street, Molesworth Street Main Street Revival, Molesworth Street between Ballina Road (B60) and Magellan Street, Lismore CBD. The Molesworth Main Street Revival project will deliver infrastructure to approximately 550m of Molesworth Street. The proposed new infrastructure will facilitate the southern end of Molesworth Street to become a visually and welcoming gateway for visitors, linking parklands, contemporary play areas and cultural places with core CBD activity and importantly improve the safety and comfort of pedestrians and cyclists and deliver improved economic opportunity for local business. The concept plans indicate the loss of approximately six parking spaces near the intersection of Molesworth and Bounty Streets to provide for kerb blisters and pedestrian refuges to facilitate safe crossing points on Molesworth Street.

TAC7/21 RECOMMENDED that Council support the proposed changes to parking zones in conjunction with the Molesworth Main Street Revival project. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Matthew Linton. Voting against: Nil.

5.8 Request for Dedicated Parking Spaces for NSW Police Vehicles - 40 Molesworth Street, Lismore Request received from NSW Police for five onstreet car parking spaces to be dedicated to NSW Police vehicles only and replace existing 2P signs adjacent to 40 Molesworth Street, (original Police Station site). In response to Council’s decision from the 8 December 2020 Council meeting to not support the request from NSW Police for onstreet parking changes, representations were received by Council from Police about options to review that decision. That process is an appeal to the Regional Traffic Committee, which has the final decision making power that would supersede Council’s resolution in response to the request. The recent TAC meeting discussed this process and what alternate options might be presented to Council to address the immediate operational needs of NSW Police for emergency response capability. The request received from NSW Police has been to dedicate five onstreet car parking spaces adjacent to 40 Molesworth Street (the original site of Lismore Police), for the use of NSW Police and emergency vehicles. This area was previously dedicated to NSW Police prior to the main Police offices being relocated to Zadoc Street. The building is occupied by several units of Police operations including Crime Scene Services, Rescue Unit and Corrective Services. These services have been centralised in Lismore and is now the base for the North Coast region. Emergency vehicles and staff vehicles are currently housed at the rear of the property which provide reduced manoeuvrability to egress the site in an emergency situation. Another rescue unit vehicle has recently arrived and requires housing which is restricted onsite. The request will allow these vehicles to park unrestricted within the dedicated spaces and provide a quicker response time for emergencies.

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Traffic Advisory Committee Minutes - Meeting of 20 January 2021 Attachment 1

With respect to the existing 2P parking on the western side of Molesworth Street opposite the old Police Station and adjacent to the flood levee wall and pump station, NSW Police has removed their earlier request to convert this area to unrestricted parking. Feedback from Council’s Compliance team advised that due to Covid-19, the planned CBD car parking study has been deferred until at least mid-2021. They suggest changes to short term parking within the CBD should be deferred until completion of this parking study. The current time limited parking structure is resultant of the 2007 study and subsequent Council resolutions. Council Rangers have been requested to undertake an occupancy audit of the area adjacent to 40 Molesworth Street and provide data.

TAC8/21 RECOMMENDED that: 1. Council approve the request from NSW Police to dedicate five onstreet parking spaces for emergency services vehicles adjacent to the old Police Station at 40 Molesworth Street. 2. The parking area requested for unrestricted parking on the western side of Molesworth Street not be supported pending the 2021 CBD Parking Review. 3. The planned 2021 CBD Parking Review be undertaken as soon as possible. 4. A site inspection for Councillors with NSW Police and Council staff be facilitated if deemed warranted by Councillors. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Matthew Linton. Voting against: Nil.

Part ‘B’ – Determined by Committee

4.2 Traffic Management Plan - Samson Challenge 2021 A Traffic Management Plan has been received from the North Coast Area Health Service for approval of the annual Lismore Samson Fitness Challenge, on 5-6 March 2021. This will be 11th annual event with proceeds supporting Our Kids, a local charity which raises money for the Lismore Base Hospital, Women’s Care Unit and the A&E Department including surrounding hospitals. Whilst the majority of the event will be held at Hepburn Park, Oliver Avenue, Goonellabah, there will be a run and swim leg which will require participants to run along the northern side of Oliver Avenue to and from the Goonellabah Sports and Aquatic Centre. The event has been adjusted to suit current Covid-19 restrictions with the organisers responsible for the management of rules during the event. The Traffic Management Plan applies for Sunday, 6 March 2021 between the hours of 5am to 4pm. There will be traffic controllers positioned at intersections along the route including appropriate warning signage for motorists. The event has been held for a number of years at this location and is very well organised and managed. There are no known issues that have arisen as a result of the event.

TAC9/21 AGREED that: 1. The Committee endorse the proposal to hold the annual Lismore Samson Fitness Challenge on 5-6 March 2021 at Goonellabah and approve the Traffic Management Plan effective only for Sunday, 6 March 2021. 2. Organisers gain relevant approvals and advise Emergency Services and NSW Police. 3. The Committee endorse the Traffic Management Plan to be effective for this event for

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2021-2023, pending changes to road infrastructure within the event precinct. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Matthew Linton. Voting against: Nil.

4.3 Request for "Children Slow Down" Signage - Aurora Street, East Lismore Request received on behalf of residents of Aurora Street for the installation of two Children Drive Slow signs in the street. The requested signage is not a regulatory sign and therefore the Committee may only provide recommendation for further action. There is no recorded traffic data and an assumption on traffic movements has been made at approximately 120 vehicles per day (this is based on the number of residences in the street). It is a two way undivided street with a nominal width of 4.0m seal road. It is approximately 220m between Dibbs Street and Gordon Street.

TAC10/21 AGREED the writers be advised that the Committee does not support the request for the installation of two Children Drive Slow signs in Aurora Street, East Lismore. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Matthew Linton. Voting against: Nil.

4.4 Request for No Stopping Zone - 14 Wyrallah Road, East Lismore Request received from East Lismore resident about parking issues at Wyrallah Road; requesting a No Stopping Zone be installed adjacent to driveways to provide safer egress from properties at 12, 14 and 16 Wyrallah Road. Onstreet parking has increased in recent months due to the opening of a new gymnasium at 18-20 Wyrallah Road. There is off street parking at the rear of the gymnasium as initially approved for the former squash court centre at this site. This area can cater for approximately 12 patrons to the facility. Onstreet parking occupancy for gym peak operating times has been observed with parking on the eastern side of Wyrallah Road between No. 12 and filtering into Cottee Street and on the western side between Nos. 25 to 39. There is no onstreet line marking to delineate parking spaces and drivers tend to park as close to driveways as possible as the writer has suggested. This can present traffic safety issues at peak times when egressing the properties. Feedback from Council’s Planning staff includes; “The DA approved the use of the gym as that has already been established via the squash courts. The DA was for alterations and additions to the building and they appear to have re-established the car parking at the rear that had already existed.”

TAC11/21 AGREED that Council’s Design Services team undertake an investigation of the precinct to incorporate car parking delineation, a pedestrian refuge and No Stopping zones and table at a future meeting for discussion. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Matthew Linton. Voting against: Nil.

Items for Discussion

5.2 Speed Zone Reduction Request - Nimbin Road, Goolmangar Community request submitted for the Committee’s determination to progress formal requests to Transport for NSW. Request received from a Goolmangar resident for the installation of Concealed Driveway

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signage and/or a permanent reduction of speed zone in the vicinity of 1309-1316 Nimbin Road, Goolmangar.

TAC12/21 AGREED that: 1. Council’s Civic Services Section be requested to undertake roadside clearing in the vicinity of 1309-1316 Nimbin Road, Goolmangar. 2. Once roadside clearing has been completed, Council’s Design Services team investigate site distance issues relating to property egress at 1309 and 1316 Nimbin Road, with the results to be tabled at a future meeting for discussion. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Matthew Linton. Voting against: Nil.

5.4 Traffic Management Plan - NRL Trial Game, Oakes Oval, Lismore, 27 February 2021 Request received for approval of Traffic Management Plan for scheduled NRL Rugby League trial match between the Gold Coast Titans and New Zealand Warriors. Proposed Traffic Management Plan (TMP) includes: • Part closure of Dawson Street between Magellan Street and Rural Street, Lismore between 6am and 10pm. • Closure to be on the Oakes Oval side of Dawson Street (eastern side) to allow parking for vehicles (semi-trailers) for live streamers and broadcasters. • Temporary thoroughfare to be provided for general public use. • Part closure of Magellan Street, between Dawson Street and Cathcart Street, between 6am and 10pm. • Main entrance to Oakes Oval will be via the main gate facing Uralba Street and is the new entrance to Oakes Oval. The other entrance will be in Dawson Street and/or Magellan Street. • Traffic to be directed around the Dawson Street closure via Uralba Street to Diadem Street to Ballina Road. • Patrons will park in the Harold Fredericks Car Park, John Crowther Car Park, Clyde Campbell Car Park and in the Lismore CBD along parts of Magellan, Keen and Conway Streets. Buses will be requested to park in Conway Street between Keen and Cathcart Streets.

TAC13/21 AGREED that: 1. The Committee in principle approve the proposed Traffic Management Plan for the NRL Trial Game to be held on 27 February 2021 at Oakes Oval, Lismore. 2. Organisers gain relevant approvals and advise Emergency Services and NSW Police. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Matthew Linton. Voting against: Nil.

5.6 2020/21 Walking & Cycling (Active Transport) Program, Proposed Footpath and Safety Improvements to Pedestrians Request for Traffic Advisory Committee to review proposed concept design as provided for the approved 2020-2021 NSW Walking and Cycling (Active Transport) Program. Funding has been provided by Transport for NSW for the design and installation of the following six projects. Designs are currently in progress for the projects with an anticipated project completion by 30 June 2021. 1. Bruxner Highway, Lismore, Diadem to Hunter Streets - Proposed footpath, nominal 2.5m wide on northern side of Ballina Road. 2. Bruxner Highway, Lismore, Hunter to Dibbs Streets - Proposed footpath, nominal

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Traffic Advisory Committee Minutes - Meeting of 20 January 2021 Attachment 1

2.5m wide on northern side of Ballina Road, providing connectivity to existing shared path northbound in Hunter Street. 3. Bangalow Road, Clunes - Proposed footpath, nominal 2.5m wide on western side of Main Street, crossing to the eastern side with a proposed pedestrian refuge. The Committee was requested to consider the inclusion of No Stopping zones as required in accordance with relevant Australian Standards to meet parking regulations for pedestrian refuges at Clunes. These areas are as follows: (a) On the western side from Jarvis Street intersection to approximately 20m south (towards Lismore). (b) On the eastern side opposite the intersection of Jarvis Street, for approximately 40m to the south. It also includes a bus shelter to be installed in the vicinity to cater for regular school services, as approved under the 2020-2022 CPTIGS funding.

4. Withers Street, Bexhill - Proposed footpath, nominal 2.5m wide, providing connectivity to Bexhill School west to Bangalow Road on northern side of Withers Street. 5. Bruxner Highway, Goonellabah, Kadina Street pedestrian overpass to James Road - Proposed footpath, nominal 2.5m wide on western and northern sides of Ballina Road. The works include a proposed pedestrian refuge across Ballina Road in the vicinity of the Goonellabah Tavern to assist with pedestrian safety which will require Transport for NSW approval (State Road). 6. Bruxner Highway, South Lismore, Three Chain Road to Hollingworth Creek Bridge – Proposed shared path on western side of Union Street.

Community engagement has been undertaken for these projects and detail designs are currently in progress.

TAC14/21 AGREED that: 1. The Committee in principle support the installation of relevant No Stopping zones and pedestrian refuges for the approved Active Transport site at Bangalow Road, Clunes. 2. A plan be forwarded to Transport for New South Wales seeking approval to install a pedestrian refuge and kerb blisters in the vicinity of 747 Ballina Road, Goonellabah (near the Goonellabah Tavern). Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Matthew Linton. Voting against: Nil.

5.9 Amend Existing Onstreet Parking Conditions – Wilson Street, South Lismore Request received for the Traffic Advisory Committee to amend existing onstreet parking conditions along Wilson Street adjacent to 39 Charles Street. A request in relation to this matter was received in 2018 from the property owner of 38 Wilson Street for the installation of a No Stopping zone on Wilson Street between Charles Street north to the Wilson Street. The matter was discussed by the committee with the following recommendation endorsed: “Traffic Advisory Committee Minute TAC53/18 A request has been received from Mr M Quine of 38 Wilson Street, South Lismore requesting consideration for changes in Wilson Street’s On Street Parking including;

(1) “Line Marking and RPMs as set out in Councils diagram map sent 24 May 2017 as part of the Wilson Street Upgrade… This will add as a token deterrent for traffic coming off the bridge wishing to turn into the service road area. Most usual to answer their mobile phones.

TAC53/18 RECOMMENDED that: 1. Council not support the request for a No Stopping zone.

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Traffic Advisory Committee Minutes - Meeting of 20 January 2021 Attachment 1

2. Line marking be installed on Wilson Street, from Charles Street to the Robert White Bridge in accordance with Design Plan R4069. 3. Council Rangers monitor non-compliant parking at the intersection of Wilson and Charles Streets.”

The Committee was advised that line marking was installed in 2020 in accordance with the approved recommendation as part of the Wilson Street roadworks.

A request has now been received for the installation of a dedicated caravan parking space to be included in this area.

TAC15/21 AGREED that the matter be referred to Council’s Rangers for clarification surrounding installation of a dedicated Parking zone. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Matthew Linton. Voting against: Nil.

5.10 Installation of Roundabout – Walker Street, Military Road & Crawford Road, East Lismore Request received from resident for installation of a roundabout at the intersection of Walker Street, Military Road and Crawford Road. The Committee was advised that an interim response had been provided to the writer advising that traffic safety related infrastructure requests are generally managed and reviewed against Safer Roads or Australian Black Spot program criteria; with these programs managed and approved by State or Federal authorities. One component of the criteria includes multiple accidents at the site. There have been no recorded accidents at this intersection for the period 2000-2019. Sight distance issues as a result of fences or vegetation will be checked against Australian Standards and if justified, adjoining landowners can be directed to prune back vegetation.

TAC16/21 AGREED that the Committee not support the request for installation of a roundabout at the intersection of Walker Street, Military Road and Crawford Road, East Lismore. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Matthew Linton. Voting against: Nil.

5.11 Installation of Cyclist Warning Signs – Woodlawn-Numulgi-Duncan-Dunoon Roads Request for Cyclist warning signs to be installed along the Woodlawn-Numulgi-Duncan- Dunoon Road circuit.

TAC17/21 AGREED that Council’s Design Services team undertake a site inspection of the Woodlawn-Numulgi-Duncan-Dunoon Road circuit to investigate if it meets warrants for installation of Cyclist warning signs. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Matthew Linton. Voting against: Nil.

5.12 Speed Zone Reduction – Duncan Road, Numulgi Request from local resident for speed limit reduction along Duncan Road, Numulgi. A speed zone review was undertaken by TfNSW in 2018 which determined a suitable speed zone of 80kph. The Committee considered that this was a suitable speed zone for this environment.

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Traffic Advisory Committee Minutes - Meeting of 20 January 2021 Attachment 1

TAC18/21 AGREED that: 1. The Committee not support the request for a speed zone reduction along Duncan Road, Numulgi. 2. NSW Police be asked to undertake additional speed patrols in the area. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Matthew Linton. Voting against: Nil.

Closure This concluded the business and the meeting terminated at 12.05 pm.

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Confidential Business

Confidential Matters Confidential Matters–Closed Council Meeting

A Council may close to the public only so much of its meeting as comprises the receipt or discussion of any of the following:

Section 10A(2) – Local Government Act 1993:

a) personnel matters concerning particular individuals; b) the personal hardship of any resident or ratepayer; c) information that would, if disclosed, confer a commercial advantage of a person with whom the Council is conducting (or proposes to conduct) business; 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; e) information that would, if disclosed, prejudice the maintenance of law; f) matters affecting security of the Council, Councillors, Council staff or Council property; g) advice concerning litigation, or advice, that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege; h) information concerning the nature and location of a place or an item of Aboriginal significance on community land.

Clause 34 of Council Code of Meeting Practice Representations from the public as to whether part of the meeting should be closed to the public can be made after the motion to close the meeting has been moved and seconded for a period of 10 minutes.

Recommendation

That the Council exclude members of the press and public from the meeting and move into Closed Council Meeting to consider the following matters:

Item 18.1 Tender T2020-35 Quarry Crushing and Screening Services Grounds for Closure Section 10A(2) (d i): Public Interest Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to:commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. Item 18.2 Code of Conduct Investigation Report - Matter 1 Grounds for Closure Section 10A(2) (I): Public Interest Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to:Alleged contraventions of any code of conduct requirements applicable under section 440. Item 18.3 Code of Conduct Investigation Report - Matter 2 Grounds for Closure Section 10A(2) (I): Public Interest Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to:Alleged contraventions of any code of conduct requirements applicable under section 440. Item 18.4 Code of Conduct Investigation Report - Matter 3

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Confidential Matters Grounds for Closure Section 10A(2) (I): Public Interest Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to:Alleged contraventions of any code of conduct requirements applicable under section 440.

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MINUTES OF THE ORDINARY MEETING OF THE COUNCIL OF THE CITY OF LISMORE HELD IN COUNCIL CHAMBERS ON TUESDAY, 8 DECEMBER 2020 AT 6.00PM

Please note: These minutes are subject to confirmation at the next Council meeting. Decisions recorded in the draft minutes are subject to the Council’s Code of Meeting Practice in relation to rescinding decisions.

Present

Deputy Mayor, Councillor Marks; Councillors Bird, Casson, Cook, Ekins, Guise, Lloyd, Moorhouse, together with the General Manager, Director Corporate Services, Director Infrastructure Services, Acting Director Partnerships, Planning & Engagement, Manager Investment & Commerce, Manager Built Environment, Strategic Planning Coordinator, Strategic Engineer – Water & Sewer, Business Systems Manager, Technology Support Officer, Media & Community Relations Coordinator, Acting Manager Governance & Risk, EA Support Officer and Executive Assistant – General Manager & Mayor and Councillors.

Apologies and Leave of Absence

212/20 RESOLVED that:

A leave of absence was received and accepted for Cr Smith (26 November to 31 December 2020 inclusive) at a previous Council meeting.

A leave of absence be accepted for -

• Cr Guise for 9 December 2020 to 8 February 2021 • Cr Ekins for 22 December 2020 to 20 January 2021

(Councillors Casson/Bird)

Voting for: Councillors Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks and Moorhouse Voting against: Nil

Council Minutes 8 December 2020

Confirmation of Minutes of Previous Meeting

213/20 RESOLVED that the minutes of the following meetings be confirmed:

• Ordinary Meeting held on 25 November 2020 • Ordinary Meeting held on 10 November 2020 • Confidential Meeting held on 10 November 2020 A typographical error was corrected in 25 November 2020 minutes that the External Auditor presented the Audited Financial Statements not Internal Auditor.

(Councillors Cook/Bird)

Voting for: Councillors Bird, Cook, Marks and Moorhouse Voting against: Councillors Casson, Ekins, Guise and Lloyd

The voting being tied the Deputy Mayor declared the MOTION APPROVED with his casting vote.

Disclosure of Interest

RESOLVED that:

Cr Marks declared a Non- Pecuniary, Non-Significant Conflict of Interest for the following item: 13.1 s4.55(2) Application for Modification of DA92/523 to extend the life of the Quarry at 72 River Bank Road, Monaltrie for an additional sixteen (16) years Nature: As per 5.14 of the Code of Conduct.

Cr Marks declared a Non- Pecuniary, Non-Significant Conflict of Interest for the following item: 14.1 Crown Lands Plans of Management Nature: Cr Marks’ wife is a committee member of Tregeagle Hall.

Cr Moorhouse declared a Non- Pecuniary, Non-Significant Conflict of Interest for the following item: 13.1 s4.55(2) Application for Modification of DA92/523 to extend the life of the Quarry at 72 River Bank Road, Monaltrie for an additional sixteen (16) years Nature: As per 5.14 of the Code of Conduct.

Cr Ekins declared a Non- Pecuniary, Non-Significant Conflict of Interest for the following item: 14.1 Crown Lands Plans of Management Nature: 18 years ago Cr Ekins was a public member of Council’s Civic Pride Committee which allocated funds to implement the Plan for Jubilee Park and planted some trees with Work for the Dole.

Cr Guise declared a Non- Pecuniary, Non-Significant Conflict of Interest for the following item: 14.2 North Lismore Plateau - Proposed Changes to Staging of Development and Design of Sewerage and Water Infrastructure Nature: Cr Guise lives in North Lismore but not in close proximity to the development.

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Cr Guise declared a Non- Pecuniary, Non-Significant Conflict of Interest for the following item: 13.1 s4.55(2) Application for Modification of DA92/523 to extend the life of the Quarry at 72 River Bank Road, Monaltrie for an additional sixteen (16) years Nature: Cr Guise sought planning advice from Malcolm Scott in the past.

(Councillors Cook/Moorhouse)

Voting for: Councillors Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks and Moorhouse Voting against: Nil

At this point in time a break was taken to resolve technology issues.

The meeting resumed at 6.37pm.

Public Access Session on Agenda Items

Prior to dealing with the circulated reports and associated information, a Public Access Session was held at which Council was addressed by the following:

Notice of Motions 10.1 Write Off Charges on Undetected Water Leaks Policy

FOR Bianca Urbina

Matters Arising 13.1 s4.55(2) Application for Modification of DA92/523 to extend the life of the Quarry at 72 River Bank Road, Monaltrie for an additional sixteen (16) years

FOR Malcom Scott

AGAINST James Berkaya

Belinda Berkaya

Scott Gapes

Darren Ball

Helen Ball

Peter Hovelroud

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Martin Ball (solicitor)

13.3 Amended Planning Proposal to rezone part of the land at 123 Taylor Road Chilcotts Grass

FOR Damian Chapelle

Reports to the General Manager 14.2 North Lismore Plateau - Proposed Changes to Staging of Development and Design of Sewerage and Water Infrastructure

FOR Ross Fox (solicitor)

Councillor Eddie Lloyd left the meeting, the time being 7:48PM Councillor Eddie Lloyd returned to the meeting, the time being 7:49PM

Notice of Motions

10.1 Write Off Charges on Undetected Water Leaks Policy

214/20 MOTION moved that: 1. Council review Policy 1.5.14 Write off Charges on Undetected Water Leaks. 2. A workshop be held where Councillors can have input to the review and include information on the staged implementation of smart water meters and a pilot program to evaluate the effectiveness. 3. The terms of the reviewed Policy apply retrospectively to any customers with leaks detected and repaired since 1 May 2020.

(Councillors Cook/Guise) (BP20/1035)

FORESHADOWED MOTION that: 1. Council review Policy 1.5.14 Write off Charges on Undetected Water Leaks. 2. A workshop be held where Councillors can have input to the review and include information on the staged implementation of smart water meters and a pilot program to evaluate the effectiveness. 3. The terms of the reviewed Policy apply retrospectively to any customers with leaks detected and repaired since 1 July 2020. 4. The policy to be applied retrospectively to write off or waive the excessive water charges incurred by Mr Hickey due to a water leak and report back to Council the

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outcome.

(Councillor Guise)

On submission to the meeting the motion was RESOLVED that: 1. Council review Policy 1.5.14 Write off Charges on Undetected Water Leaks. 2. A workshop be held where Councillors can have input to the review and include information on the staged implementation of smart water meters and a pilot program to evaluate the effectiveness. 3. The terms of the reviewed Policy apply retrospectively to any customers with leaks detected and repaired since 1 May 2020.

(Councillors Cook/Guise) (BP20/1035)

Voting for: Councillors Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks and Moorhouse Voting against: Nil

Councillor Adam Guise left the meeting, the time being 8:10PM Councillor Adam Guise returned to the meeting, the time being 8:11PM

10.2 Access to Council Meetings/Briefings for the Public

215/20 RESOLVED that Council do what is required to enable members of the public without any delay to attend briefings and meetings in person in chambers.

(Councillors Casson/Lloyd) (BP20/1047)

Voting for: Councillors Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks and Moorhouse Voting against: Nil

Questions for Next Meeting

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Altering Order of Business (Consideration of altering the order of business to debate matters raised during Public Access Session)

216/20 RESOLVED that the order of business be altered to debate the following matters raised during Public Access:

• 13.1 Section 4.55(2) Modification to extend the life of the quarry approved by DA5.1992.523.3 • 13.3 Amended Planning Proposal to rezone part of the land at 123 Taylor Rd Chilcotts Grass • 14.2 North Lismore Plateau - Proposed Changes to Staging of Development and Design of Sewerage and Water Infrastructure

(Councillors Casson/Moorhouse)

Voting for: Councillors Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks and Moorhouse Voting against: Nil

Matters Arising

13.1 s4.55(2) Application for Modification of DA92/523 to extend the life of the Quarry at 72 River Bank Road, Monaltrie for an additional sixteen (16) years

MOTION moved that: 1. The application for modification of Development Consent DA92/523 for extension of the life of the quarry at 72 River Bank Road, Monaltrie, be approved for a maximum of sixteen (16) years subject to the draft conditions of consent at Attachment 1 to this report. 2. Council determine whether it wants to publicly disclose (publish) the full legal advice (or parts of that advice) received from Sparke Helmore Lawyers, as part of its determination, for the reasons outlined in this report.

(Councillor Moorhouse) (BP20/940)

The MOTION lapsed due to want of a seconder.

217/20 MOTION moved that the application for modification of Development Consent DA92/523 for extension of the life of the quarry at 72 River Bank Road, Monaltrie is refused on the following grounds:

1. The likely impacts of the development on the locality, and 2. It is not in the public interest, and

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3. This application is not substantially the same as the original DA; and 4. A modification application to extend the life of the quarry cannot be accepted because the consent has expired.

(Councillors Guise/Lloyd) (BP20/940)

FORESHADOWED MOTION moved that:

1. The application for modification of Development Consent DA92/523 for extension of the life of the quarry on Lot 4 DP701527, 72 River Bank Road, Monaltrie, be approved for a maximum of five (5) years subject to the amending the draft conditions of consent at Attachment 1 to this report including:

a. Condition 2 to read: This consent shall permit quarrying until 12 May 2025. At the time the quarrying of the land has ceased the site must be inspected to ensure that rehabilitation has been carried out in accordance with the approval (where required by the Consent Authority). Reason: To clarify the terms of the consent

b. Condition 3 to read: This consent shall lapse 12 May 2025 at which time extraction must have ceased and the quarry site & properties restored in accordance with the detailed Plan of Management. Any extension shall be for the purposes of facilitating the restoration and shall be only with the approval of the Consent Authority. Reason: To clarify the terms of the consent

c. Condition 4 to read: Annual audits every year (subject to satisfactory performance or as determined by council) shall be carried out of quarry operations consistent with the approved Operational Plan of Management, inclusive of the environmental, noise, dust, soil and water and rehabilitation management plan and consent conditions.

The audit shall be undertaken by an independent, suitably qualified expert approved by council and paid for by the quarry operator and must identify areas of noncompliance and management responses to same.

An annual report of audit findings shall be presented to council prior to January 31st of each year, following the commencement of this consent. The report shall also be presented to Councillors at a briefing within three months of the receipt of the report.

Where non-compliance is identified the applicant shall identify amelioration works to be implemented and shall undertake monthly monitoring until the amelioration measures have been completed and compliance demonstrated. Reason: to clarify the terms of the consent

d. Condition 12 to read: The hours of operation shall be limited to 7:30am to 4:30pm Monday to Friday and from 8:00am to 1:00pm Saturday. Twenty four (24) hours prior to commencement of drilling and crushing activities written notice shall be given to all adjoining landowners.

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No work is to be carried out on Sunday or public holidays. For the purposes of this condition “work” includes all activities on the premises associated with the project, during construction and operation, except for plant maintenance, landscaping, and office works. Reason: To preserve the environment and the existing or likely future amenity of the locality.

2. A report listing complaints about the operations of the quarry, investigations of those complaints, detection of breaches of conditions of consent, and enforcement actions shall be reported to Councillors on a quarterly basis.

(Councillor Cook)

218/20 On submission to the meeting the motion was RESOLVED that the application for modification of Development Consent DA92/523 for extension of the life of the quarry at 72 River Bank Road, Monaltrie is refused on the following grounds:

1. The likely impacts of the development on the locality, and 2. It is not in the public interest, and 3. This application is not substantially the same as the original DA; and 4. A modification application to extend the life of the quarry cannot be accepted because the consent has expired.

(Councillors Guise/Lloyd) (BP20/940)

Voting for: Councillors Bird, Casson, Ekins, Guise and Lloyd Voting against: Councillors Cook, Marks and Moorhouse

13.3 Amended Planning Proposal to rezone part of the land at 123 Taylor Rd Chilcotts Grass

219/20 RESOLVED that: 1. Council adopt the revised Planning Proposal to rezone part of the land at 123 Taylor Rd Chilcotts Grass (Lot 2 DP1185561) from Zone RU1 Primary Production to part zone R1 General Residential, part zone E2 Environmental Conservation and part E3 Environmental Management as detailed in the attached report. 2. Council request the Department of Planning, Industry and Environment (DPIE) exercise its delegation to make the LEP Amendment;

(Councillors Moorhouse/Cook) (BP20/890)

Voting for: Councillors Bird, Casson, Cook, Ekins, Lloyd, Marks and Moorhouse

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Voting against: Councillor Guise

14.2 North Lismore Plateau - Proposed Changes to Staging of Development and Design of Sewerage and Water Infrastructure

220/20 RESOLVED that Council does not support the rationale for altering development staging and as such does not support the allocation of resources to progress of concept designs submitted to date by RCS Group on behalf of Plateau North Property Group.

(Councillors Ekins/Cook) (BP20/970)

Voting for: Councillors Bird, Cook, Ekins, Guise, Lloyd and Marks Voting against: Councillors Casson and Moorhouse

Councillor Elly Bird left the meeting, the time being 8:59PM Councillor Elly Bird returned to the meeting, the time being 9:00PM

13.2 Planning Proposal to rezone part of 528 Caniaba Road, Caniaba for rural residential development.

221/20 MOTION moved that: 1. Council adopt the Planning Proposal to rezone part of 528 Caniaba Road, Caniaba (Lot 2, DP 1073973) from Zone RU1 Primary Production to part Zone R5 Large Lot Residential and part Zone E3 Environmental Management to enable rural residential development and environmental management as shown on Figures 3 - 8 in this report and detailed in Attachment 1 of this report; 2. Council request the Department of Planning, Industry and Environment exercise its delegation to make the LEP Amendment; 3. Council notify the landowner whose land will be subject to an E zone of Council’s decision in accordance with condition 6 of the Gateway Determination; 4. the draft Structure Plan intended to guide the development of the site and included at Figure 9 of this report is adopted for the purposes of public exhibition of an amendment to Chapter 6 – Subdivision and Infrastructure (Village, Large Lot Residential and Rural) of the Lismore Development Control Plan; 5. an amendment to Chapter 6 of the Lismore Development Control Plan to include the draft Structure Plan at Figure 9 of this report is placed on public exhibition for 28 days; and 6. a report is prepared for Council on the results of public exhibition of the draft amendments to Chapter 6 of the Lismore Development Control Plan.

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(Councillors Cook/Moorhouse) (BP20/679)

FORESHADOWED MOTION moved to refuse the development. (Councillor Ekins) 222/20 On submission to the meeting the motion was RESOLVED that: 1. Council adopt the Planning Proposal to rezone part of 528 Caniaba Road, Caniaba (Lot 2, DP 1073973) from Zone RU1 Primary Production to part Zone R5 Large Lot Residential and part Zone E3 Environmental Management to enable rural residential development and environmental management as shown on Figures 3 - 8 in this report and detailed in Attachment 1 of this report; 2. Council request the Department of Planning, Industry and Environment exercise its delegation to make the LEP Amendment; 3. Council notify the landowner whose land will be subject to an E zone of Council’s decision in accordance with condition 6 of the Gateway Determination; 4. the draft Structure Plan intended to guide the development of the site and included at Figure 9 of this report is adopted for the purposes of public exhibition of an amendment to Chapter 6 – Subdivision and Infrastructure (Village, Large Lot Residential and Rural) of the Lismore Development Control Plan; 5. an amendment to Chapter 6 of the Lismore Development Control Plan to include the draft Structure Plan at Figure 9 of this report is placed on public exhibition for 28 days; and 6. a report is prepared for Council on the results of public exhibition of the draft amendments to Chapter 6 of the Lismore Development Control Plan.

(Councillors Cook/Moorhouse) (BP20/679)

Voting for: Councillors Bird, Casson, Cook, Marks and Moorhouse Voting against: Councillors Ekins, Guise and Lloyd

Reports of the General Manager

14.1 Crown Lands Plans of Management

223/20 RESOLVED that in accordance with the requirements of the Crown Land Management Act 2016 and the Local Government Act 1993, Council adopts the Fourteen (14) Plans of Management attached to this report for: • Spinks Park Precinct • Heritage/Riverside Park Precinct • Albert Park & Robinson’s Lookout • Lismore Crematorium and Lawn Cemetery • Community Halls (at Dorroughby, Richmond Hill and The Channon) • Urban Parks (at East Lismore, Lismore Heights, North Lismore and Lismore) • Rural Parks (at Dungarubba, Gundurimba and The Channon)

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• Allsopp Park, Nimbin • City Hall/Stocks Park • Bexhill Open Air Cathedral • Wyrallah Cemetery • Tregeagle Oval and Hall • Numulgi Road Reserve & • Barham Street Cemetery/East Lismore Public Park

(Councillors Moorhouse/Bird) (BP20/882)

Voting for: Councillors Bird, Casson, Cook, Ekins, Lloyd, Marks and Moorhouse Voting against: Councillor Guise

14.3 Proposed Sale of Vacant Land - 19 Hewett Street, Lismore

224/20 RESOLVED that: 1. Council resolve to dispose of land at 19 Hewett Street, Lismore, being Lot F in DP 36026. 2. The General Manager seek proposals and appoint a suitable real estate agent to market and sell the property. 3. The General Manager be delegated authority to finalise a sale of the land within the range of the attached market appraisals and sign the following documents: a) Contract for Sale of Land; b) Memorandum of Transfer; c) Form 11R to request withdrawal of Registrar General’s Caveat No. K200000P; and d) any other documents necessary to finalise this sale.

(Councillors Bird/Cook) (BP20/975)

Voting for: Councillors Bird, Casson, Cook, Ekins, Marks and Moorhouse Voting against: Councillors Guise and Lloyd

Councillor Vanessa Ekins left the meeting, the time being 9:07PM

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14.4 Lismore Men & Community Shed

225/20 RESOLVED that: 1. Council vary its Leasing of Council Properties Policy in this instance and enter into direct negotiations with the Lismore Men & Community Shed for the occupation and use of an existing shed within the Revolve Shop yard at the Waste Facility, 313 Wyrallah Road, Monaltire. 2. The General Manager be authorised to negotiate the operational and commercial terms of an arrangement as well as the form of the agreement to address Council’s operational requirements and statutory compliance obligations. 3. Staff provide advice back to Council following an initial 6–12 month trial period to determine ongoing arrangements.

(Councillors Bird/Moorhouse) (BP20/1037)

Voting for: Councillors Bird, Casson, Cook, Lloyd, Marks and Moorhouse Voting against: Councillor Guise Absent: Councillor Ekins

Councillor Vanessa Ekins returned to the meeting, the time being 9:09PM Councillor Eddie Lloyd left the meeting, the time being 9:10PM

14.5 Competitive Neutrality

226/20 RESOLVED that:

1. Council endorse the indicative response to the NSW Office of Local Government’s questions on application of competitive neutrality principles for the Goonellabah Sports and Aquatic Centre.

2. The General Manager be delegated authority to make minor adjustments to ensure a complete response and a copy of the final response is to be provided to Councillors.

3. Preliminary advice on costings and resource requirements to undertake an independent review be compiled by staff to assist in further consideration of an option for inclusion in a draft future budget.

(Councillors Bird/Casson) (BP20/1039)

Voting for: Councillors Bird, Casson, Cook, Ekins, Guise, Marks and Moorhouse

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Council Minutes 8 December 2020

Voting against: Nil Absent: Councillor Lloyd

Councillor Eddie Lloyd returned to the meeting, the time being 9:13PM

14.6 2019/20 Financial Report

227/20 RESOLVED that:

1. In accordance with Section 419 of the Local Government Act 1993, the Audited Financial Statements for the year ended 30 June 2020 and Audit Report are presented to the public.

2. The Engagement Closing Report be received and noted.

(Councillors Cook/Bird) (BP20/997)

Voting for: Councillors Bird, Cook, Ekins, Marks and Moorhouse Voting against: Councillors Casson, Guise and Lloyd

14.7 Investments - November 2020

228/20 RESOLVED that the report be received and noted.

(Councillors Bird/Cook) (BP20/544)

Voting for: Councillors Bird, Cook, Ekins, Marks and Moorhouse Voting against: Councillors Casson, Guise and Lloyd

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Council Minutes 8 December 2020

14.8 Annual Code of Conduct Reporting for Lismore City Council

229/20 RESOLVED that Council receive and note the attached annual report on Code of Conduct statistics for Lismore City Council, that was reported to the Office of Local Government on 29 November 2020.

(Councillors Lloyd/Bird) (BP20/680)

Voting for: Councillors Bird, Casson, Cook, Ekins, Lloyd, Marks and Moorhouse Voting against: Councillor Guise

Councillor Elly Bird left the meeting, the time being 9:27PM Councillor Elly Bird returned to the meeting, the time being 9:28PM

Committee Recommendations

15.1 Traffic Advisory Committee Minutes - Meeting of 18 November 2020

230/20 RESOLVED that the minutes be received and adopted and the recommendations contained therein be adopted, with the exception of TAC 81/20.

(Councillors Moorhouse/Cook) (BP20/998)

Voting for: Councillors Bird, Casson, Cook, Ekins, Lloyd, Marks and Moorhouse Voting against: Councillor Guise

231/20 RESOLVED that the recommendation for TAC81/20 not be supported and the matter be referred to the car parking strategy.

(Councillors Ekins/Lloyd) (BP20/998)

Voting for: Councillors Casson, Cook, Ekins, Guise and Lloyd Voting against: Councillors Bird, Marks and Moorhouse

Documents for Signing and Sealing

Financial Assistance – Section 356

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Council Minutes 8 December 2020

Confidential Matters – Closed Council Meeting

232/20 RESOLVED that Council now exclude the press and public and meet in Closed Council to consider the following matters;

Item 18.1 Tender T2020-32 Expression of Interests - Disposal or Processing of Organics Material Grounds for Closure Section 10A(2) (d i): Public Interest Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to: commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. Item 18.2 Tender T2020-36 Passenger, Truck and Earthmover Tyres Fitting and Service Grounds for Closure Section 10A(2) (d i): Public Interest Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to: commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. Item 18.3 Tender T2020-33 Sewer Main Renewal Panel Contract Grounds for Closure Section 10A(2) (d i): Public Interest Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to: commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. Item 18.4 Tender T2020-21 - Replacement of Two Waste Collection Trucks Grounds for Closure Section 10A(2) (d i): Public Interest Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to: commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. Item South Lismore Sewerage Treatment Plant Grounds for Closure Section 10A(2) (c) (g): Public Interest Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to: information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. Item 18.6 Rates and Charges Hardship Application 1 (Water Only) Grounds for Closure Section 10A(2) (b): Public Interest Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to: the personal hardship of any resident or ratepayer. Item 18.7 Rates and Charges Hardship Application 2 (Water Only) Grounds for Closure Section 10A(2) (b):

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Council Minutes 8 December 2020

Public Interest Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to: the personal hardship of any resident or ratepayer. Item 18.8 Rates and Charges Hardship Application 3 Grounds for Closure Section 10A(2) (b): Public Interest Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to: the personal hardship of any resident or ratepayer.

(Councillors Bird/Cook)

Voting for: Councillors Bird, Cook, Ekins, Marks and Moorhouse Voting against: Councillors Casson, Guise and Lloyd

Resumption of Open Council

When the Council had resumed its former sitting, the Deputy Mayor reported that Council, meeting in Closed Session, had RECOMMENDED:

18.1 Tender T2020-32 Expression of Interests - Disposal or Processing of Organics Material That: 1. In accordance with Clause 166(c) of the Local Government (General) Regulation 2005, the General Manager proceed to selective tender with all parties that responded to the EOI T2020-32 Disposal or Processing of Organic Material for proposed contracts related to the beneficial reuse, disposal or processing of the stockpiled organics. 2. That the tender documentation be prepared on the basis of excluding any option that involves onsite burning/processing of products such as bio-char at Council’s facility. 3. The tender results be reported back to Council for further consideration. 18.2 Tender T2020-36 Passenger, Truck and Earthmover Tyres Fitting and Service That: 1. Council accept the tenders from Bridgestone Australia Ltd, Goodyear Dunlop Tyres Aust Pty Ltd and Lismore Tyre Co Pty Ltd for inclusion on the ranked panel contract for Tender T2020-36 Passenger, Truck and Earthmover Tyres, Fitting and Service in accordance with their submission and the Schedule of Rates provided, for the period 1 January 2021 to 31 December 2022 at Council’s absolute discretion. 2. Council allow provision for a month by month extension based on satisfactory supplier performance, which may take this contract through to 31 December 2023. 3. Council delegate authority to the General Manager to exercise the options when required, to extend the contract, subject to satisfactory performance of the contractors.

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Council Minutes 8 December 2020

18.3 Tender T2020-33 Sewer Main Renewal Panel Contract That: 1. Council accept the tenders from the list of non-ranked panel of providers outlined in the Tender Assessment section of this report for a period of 12 months at Council’s absolute discretion. 2. The General Manager be delegated authority to extend the contract for two additional 12-month periods if necessary. 3. Council delegate authority to the General Manager to award all works packages, without a fixed upper limit of value, under Tender T2020-33 Water and Wastewater Panel of Providers. 18.4 Tender T2020-21 - Replacement of Two Waste Collection Trucks That: 1. Council accept the tender from Toyota Fleet Management for Tender T2020-21 Replacement of Two Waste Collection Trucks for the lease of two Volvo waste collection vehicles fitted with Bucher bodies, supplied by Southside Truck Centre. 2. A mechanical risk assessment be undertaken of the two collection vehicles to be replaced. 3. Dependent upon the assessment outcome, one collection vehicle be retained and one collection vehicle be sold via public auction. 4. Council delegate authority to the General Manager to enter into and administer the lease contract and take action as appropriate to complete this resolution. 18.5 South Lismore Sewerage Treatment Plant That the recommendations contained within the report be adopted.

18.6 Rates and Charges Hardship Application 1 (Water Only) That Council note that this matter was resolved at the 25 November 2020 meeting.

18.7 Rates and Charges Hardship Application 2 (Water Only) That Council determine the Rates & Charges Hardship Application for the water account only received for Assessment – No. 2474.

18.8 Rates and Charges Hardship Application 3 That Council determine the Rates & Charges Hardship Application received for Assessment – No. 4095.

Closure This concluded the business and the meeting terminated at 10.53pm.

CONFIRMED this > > 2020 at which meeting the signature herein was subscribed.

______

DEPUTY MAYOR

Lismore City Council Minutes of Council Meeting held 8 December 2020 163

MINUTES OF THE CONFIDENTIAL MEETING OF THE COUNCIL OF THE CITY OF LISMORE HELD IN COUNCIL CHAMBERS ON TUESDAY, 8 DECEMBER 2020 AT 6.00PM

Please note: These minutes are subject to confirmation at the next Council meeting. Decisions recorded in the draft minutes are subject to the Council’s Code of Meeting Practice in relation to rescinding decisions.

Present

Deputy Mayor, Councillor Marks; Councillors Bird, Casson, Cook, Ekins, Guise Lloyd, Moorhouse, together with the General Manager, Director Corporate Services, Director Infrastructure Services, Acting Director Partnerships, Planning & Engagement, Manager Investment & Commerce, Acting Manager Governance & Risk and Executive Assistant – General Manager & Mayor and Councillors.

Confidential Public Representation Session

Prior to dealing with the circulated reports and associated information, a Public Representation Session was held at which Council was addressed by the following:

18.5 South Lismore Sewerage Treatment Plant

AGAINST Big Rob

Disclosure of Interest for Confidential Matters

195/20 RESOLVED that:

Cr Marks declared a Non- Pecuniary, Non-Significant Conflict of Interest for the following item: 18.4 Tender T2020-21 - Replacement of Two Waste Collection Trucks Nature: As per 5.14 of the Code of Conduct.

Cr Moorhouse declared a Non- Pecuniary, Non-Significant Conflict of Interest for the following item: 18.4 Tender T2020-21 - Replacement of Two Waste Collection Trucks Nature: As per 5.14 of the Code of Conduct.

(Councillors Marks/Bird)

Voting for: Councillors Bird, Casson, Cook, Ekins, Lloyd, Marks and Moorhouse Voting against: Councillor Guise

Confidential Public Access Session

Prior to dealing with the circulated reports and associated information, a Public Access Session was held at which Council was addressed by the following:

Council Minutes 8 December 2020

Confidential Business 18.6 Rates and Charges Hardship Application 1 (Water only)

FOR Bridget Barker

18.8 Rates and Charges Hardship Application 3

FOR Bridget Barker

Confirmation of Minutes of Previous Meeting

196/20 RESOLVED that the minutes of the following meetings be confirmed for the Confidential Meeting held on 25 November 2020.

(Councillors Lloyd/Cook)

Voting for: Councillors Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks and Moorhouse Voting against: Nil

Altering Order of Business (Consideration of altering the order of business to debate matters raised during Public Representation and Confidential Public Access Sessions)

197/20 RESOLVED that the order of business be altered to debate the following matters raised during Public Representation and Public Access:

• 18.5 South Lismore Sewerage Treatment Plant • 18.6 Rates and Charges Hardship Application 1 (Water Only) • 18.8 Rates and Charges Hardship Application 3

(Councillors Bird/Cook)

Voting for: Councillors Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks and Moorhouse Voting against: Nil

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Council Minutes 8 December 2020

18.5 South Lismore Sewerage Treatment Plant

198/20 RESOLVED that the recommendations contained within the report be adopted.

(Councillors Bird/Cook) (BP20/1051)

Voting for: Councillors Bird, Cook, Ekins, Marks and Moorhouse Voting against: Councillors Casson, Guise and Lloyd

18.6 Rates and Charges Hardship Application 1 (Water Only)

199/20 RESOLVED that Council note that this matter was resolved at the 25 November 2020 meeting. (Councillors Lloyd/Bird) (BP20/1065)

Voting for: Councillors Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks and Moorhouse Voting against: Nil

Matter of Urgency

200/20 RESOLVED that the following issue be considered as a matter of urgency.

(Councillor Bird/Marks)

Voting for: Councillors Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks and Moorhouse Voting against: Nil

201/20 On submission to the meeting the matter of urgency was RESOLVED that a letter be sent to the resident to the apologise for any distress that may have been caused by the misrepresentations of this matter.

(Councillor Bird/Lloyd)

Voting for: Councillors Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks and Moorhouse Voting against: Nil

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Council Minutes 8 December 2020

18.8 Rates and Charges Hardship Application 3

202/20 RESOLVED that Council determine the Rates & Charges Hardship Application received for Assessment – No. 4095.

(Councillors Lloyd/Bird) (BP20/1067)

Voting for: Councillors Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks and Moorhouse Voting against: Nil

Altering Order of Business

That the order of business be altered to debate Item 18.7 Rates and Charges Hardship Application 2 (Water Only)

(Councillors Bird/Ekins)

Voting for: Councillors Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks and Moorhouse Voting against: Nil

18.7 Rates and Charges Hardship Application 2 (Water Only)

203/20 RESOLVED that Council determine the Rates & Charges Hardship Application for the water account only received for Assessment – No. 2474.

(Councillors Ekins/Bird) (BP20/1066)

Voting for: Councillors Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks and Moorhouse Voting against: Nil

Continuation of Meeting

204/20 RESOLVED that the time being 10.32pm the meeting continue to the end of the business paper.

(Councillors Bird/Ekins)

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Council Minutes 8 December 2020

Voting for: Councillors Bird, Cook, Ekins, Marks and Moorhouse Voting against: Councillors Casson, Guise and Lloyd

Councillor Eddie Lloyd left the meeting, the time being 10:33PM

1.2 T2020-32 Waste EOIs - Compost Disposal

205/20 RESOLVED that: 1. In accordance with Clause 166(c) of the Local Government (General) Regulation 2005, the General Manager proceed to selective tender with all parties that responded to the EOI T2020-32 Disposal or Processing of Organic Material for proposed contracts related to the beneficial reuse, disposal or processing of the stockpiled organics. 2. That the tender documentation be prepared on the basis of excluding any option that involves onsite burning/processing of products such as bio-char at Council’s facility. 3. The tender results be reported back to Council for further consideration.

(Councillors Bird/Cook) (BP20/1082)

Voting for: Councillors Bird, Cook, Ekins, Marks and Moorhouse Voting against: Councillors Casson and Guise Absent: Councillor Lloyd

At this point in time Councillor Casson declared a non pecuniary, non significant interest in Item 18.2 as she has work done at Lismore Tyre Co

18.2 Tender T2020-36 Passenger, Truck and Earthmover Tyres Fitting and Service

206/20 RESOLVED that: 4. Council accept the tenders from Bridgestone Australia Ltd, Goodyear Dunlop Tyres Aust Pty Ltd and Lismore Tyre Co Pty Ltd for inclusion on the ranked panel contract for Tender T2020-36 Passenger, Truck and Earthmover Tyres, Fitting and Service in accordance with their submission and the Schedule of Rates provided, for the period 1 January 2021 to 31 December 2022 at Council’s absolute discretion. 5. Council allow provision for a month by month extension based on satisfactory supplier performance, which may take this contract through to 31 December 2023. 6. Council delegate authority to the General Manager to exercise the options when

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Council Minutes 8 December 2020

required, to extend the contract, subject to satisfactory performance of the contractors.

(Councillors Bird/Cook) (BP20/962)

Voting for: Councillors Bird, Casson, Cook, Ekins, Marks and Moorhouse Voting against: Councillor Guise Absent: Councillor Lloyd

18.3 Tender T2020-33 Sewer Main Renewal Panel Contract

207/20 RESOLVED that: 1. Council accept the tenders from the list of non-ranked panel of providers outlined in the Tender Assessment section of this report for a period of 12 months at Council’s absolute discretion. 2. The General Manager be delegated authority to extend the contract for two additional 12-month periods if necessary. 3. Council delegate authority to the General Manager to award all works packages, without a fixed upper limit of value, under Tender T2020-33 Water and Wastewater Panel of Providers.

(Councillors Moorhouse/Cook) (BP20/996)

Voting for: Councillors Bird, Casson, Cook, Ekins, Marks and Moorhouse Voting against: Councillor Guise Absent: Councillor Lloyd

Councillor Adam Guise left the meeting, the time being 10:47PM

18.4 Tender T2020-21 - Replacement of Two Waste Collection Trucks

208/20 RESOLVED that: 1. Council accept the tender from Toyota Fleet Management for Tender T2020-21 Replacement of Two Waste Collection Trucks for the lease of two Volvo waste collection vehicles fitted with Bucher bodies, supplied by Southside Truck Centre. 2. A mechanical risk assessment be undertaken of the two collection vehicles to be replaced. 3. Dependent upon the assessment outcome, one collection vehicle be retained and

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Council Minutes 8 December 2020

one collection vehicle be sold via public auction. 4. Council delegate authority to the General Manager to enter into and administer the lease contract and take action as appropriate to complete this resolution.

(Councillors Moorhouse/Cook) (BP20/994)

Voting for: Councillors Bird, Casson, Cook, Ekins, Marks and Moorhouse Voting against: Nil Absent: Councillors Guise and Lloyd

Resumption of Open Council

209/20 RESOLVED that Council reopen the doors to the public and return to open session.

(Councillors Casson/Bird)

Voting for: Councillors Bird, Casson, Cook, Ekins, Marks and Moorhouse Voting against: Nil Absent: Councillors Guise and Lloyd

Closure

This concluded the business and the meeting terminated at 10.48pm.

CONFIRMED this > > 2020 at which meeting the signature herein was subscribed.

______

DEPUTY MAYOR

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