Council

An Ordinary Meeting of Lismore City Council will be held at the Council Chambers on Tuesday, 13 July 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.

Michael Donnelly General Manager

6 July 2021

ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

A guiding checklist for councillors, staff and community committees

Ethical decision making

• Is the decision or conduct legal? • Is it consistent with Government policy, Council’s objectives and Code of Conduct? • What will the outcome be for you, your colleagues, the Council, anyone else? • Does it raise a conflict of interest? • Do you stand to gain personally at public expense? • Can the decision be justified in terms of public interest? • Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

• Pecuniary – an interest that you have in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to yourself or another person or entity defined in part 4 of the Lismore City Council Code of Conduct with whom you are associated. • Non-pecuniary – a private or personal interest that you have that does not amount to a pecuniary interest as defined in the Lismore City Council Code of Conduct. These commonly arise out of family or personal relationships, or out of involvement in sporting, social, religious or other cultural groups and associations, and may include an interest of a financial nature.

The test for conflict of interest

• Is it likely I could be influenced by personal interest in carrying out my public duty? • Would a fair and reasonable person believe I could be so influenced? • Conflict of interest is closely tied to the layperson's definition of "corruption" – using public office for private gain. • Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

• Do I have private interests affected by a matter I am officially involved in? • Is my official role one of influence or perceived influence over the matter? • Do my private interests’ conflict with my official role?

Disclosure and participation in meetings

• A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. • The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

a. at any time during which the matter is being considered or discussed by the Council or Committee, or b. at any time during which the Council or Committee is voting on any question in relation to the matter.

No Knowledge - a person does not breach this clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

• It may be appropriate that no action be taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist. • Limit involvement if practical (eg. Participate in discussion but not in decision making or vice versa). Care needs to be taken when exercising this option. • Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict) • Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as of the provisions in the Code of Conduct (particularly if you have a significant non- pecuniary interest)

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.

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 June, 2021 ...... 175 Lismore City Council held 8 June, 2021 ...... 189 Lismore City Council held 15 June, 2021 ...... 191 Lismore City Council held 15 June, 2021 ...... 206 Lismore City Council held 22 June, 2021 ...... 208 Lismore City Council held 22 June, 2021 ...... 211

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 Monthly Financial Report ...... 7 10.2 Airport Consultation ...... 8 10.3 North Lismore Plateau ...... 9

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 Application to Name Ground 3 at Albert Park Baseball/ Softball Complex ...... 13 13.2 Adoption of the final three (3) Crown Lands Plans of Management ...... 20 13.3 Affordable and medium density housing options in Lismore urban area ...... 26 13.4 Reserves Policy - Realignment of funds ...... 32 13.5 Fraud and Corruption Control Policy ...... 38 13.6 Adoption of Unreasonable Conduct Model Policy and Procedure ...... 40 13.7 Adoption of Concealed Water Leaks Policy ...... 65

14. Reports of the General Manager 14.1 Investments - June 2021 ...... 74 14.2 Nimbin Development Review and Response ...... 84

14.3 Deferred Matter Rezoning Planning Proposal - Non-Urban ...... 104 14.4 Application to Close Public Road - Wooley Road, Tregeagle ...... 130 14.5 Transfer of Crown Roads to Council - Part of North Street, Bexhill ...... 134 14.6 Councillors Expenses and Facilities Policy - January 2021 to June 2021 Reporting ...... 137 14.7 Annual Mayor and Councillor Fees ...... 152

15. Committee Recommendations 15.1 Traffic Advisory Committee Minutes - Meeting of 16 June 2021 ...... 154 15.2 Audit Risk and Improvement Committee Meeting - 26 February 2021 ...... 163

16. Documents for Signing and Sealing 16.1 Documents for Signing ...... 170

17. Financial Assistance – Section 356

18. Confidential Business 18.1 Tender T2021-03 Bush Regeneration Services ...... 174 18.2 Tender T2021-04 Road Safety Barrier Systems ...... 174 18.3 Tender T2021-09 Emergency Waste Transport and Disposal Services ...... 174

Notice of Motions

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

That the General Manager arrange for a Councillor Briefing before September 2021, allowing councillors to understand and provide feedback on:

• Enhancements to internal management reporting that are in progress, aimed at improving financial oversight and increasing transparency on variances to plan. • A proposed dashboard for councillors, identifying key management metrics and performance indicators to be made available to monthly councillors on the HUB.

Councillor Comment Outcome Sought More awareness of the financial situation on a monthly basis.

Cost of Implementing Nil as staff already produce monthly reports for internal use.

Funding Source Not required

Staff Consulted General Manager

Staff Comment It is proposed that time be allowed monthly in the Councillor Briefing schedule for discussion and questions relating to the dashboard.

Attachment/s There are no attachments for this report.

TRIM Record No: BP21/537:EF19/25-03

Lismore City Council Meeting held 13 July 2021 - Monthly Financial Report 7

Notice of Motion Notice of Motion Councillor Vanessa Ekins has given notice of intention to move:

That Council consults with our community and key stakeholders on: 1. Addressing aircraft noise 2. Future desires for the airport. 3. The results of the consultation be reported back to councillors at a briefing.

Councillor Comment Outcome Sought Due to changing use of our airport and complaints from the community about aircraft noise and flight paths, it is worth having a conversation with our community about aviation rights and responsibilities, good neighbour policies, Council’s role and the future of the airport. The consultation process could start with a targeted Your Say Forum which will inform a key stakeholders’ face to face session. Council staff can advise on an appropriate process.

Cost of Implementing Section E1.2.1 of the Operational Plan identifies online and face to face engagement as a standing item, implemented when needed.

Funding Source Existing staff resources

Staff Consulted Corporate Planning & Engagement Coordinator Staff Comment Director Infrastructure Services Council has applied for grant funding through three (3) funding streams for the preparation of a masterplan for the airport which will address the future direction for the airport and supporting infrastructure. The planning and provision of supporting airport infrastructure for the future will provide the opportunity to consider airport operations as part of the community and stakeholder engagement for the master planning project.

In anticipation of this grant funding being made available in the near future, staff will develop a targeted Your Say Forum to provide airport data and information to the community and seek feedback which will assist in drafting the community engagement plan for the master planning process.

Attachment/s There are no attachments for this report.

TRIM Record No: BP21/521:EF19/25-03

Lismore City Council Meeting held 13 July 2021 - Airport Consultation 8

Notice of Motion Notice of Motion Councillor Vanessa Ekins has given notice of intention to move:

That Council owned land on the North Lismore Plateau be handed back to the traditional owners.

Councillor Comment Outcome Sought That Council recognises the importance of the North Lismore Plateau to Widjabul Wiabal people and in response to the proposed housing developments, ensures that the management of sites of cultural significance on land that Council owns, is in the hands of the traditional owners.

The process include that council staff investigating the options for handing the land back, including examples from other councils, the process, stakeholders, timeframes, council obligations regarding notification, consultation and condition of the land.

Cost of Implementing Unknown

Funding Source Unknown

Staff Consulted General Manager, Director Infrastructure Services, Director Partnerships Planning & Engagement

Staff Comment Director Infrastructure Services The process and framework for handing back this land as proposed is a complex matter, that is not a funded or resourced activity within Council’s adopted Delivery Program or Operational Plan.

There are also a number of risks associated with the extent of the unknown elements of a potential process that Council might resolve to follow in determining an agreed entity representing the traditional owners and the preferred process to hand this land back to that representative.

Council owned land adjoining the North Lismore Plateau has an area of approximately 74ha and is made of three parcels outlined in red broken line below.

• Lot 1 DP 772627 (northern horse shoe) • Lot12 DP 844585 (old quarry) • Lot 1 DO 118556 (closed road on eastern boundary)

Lismore City Council Meeting held 13 July 2021 - North Lismore Plateau 9

Notice of Motion

There are three separate land use zones that apply to the parcels as follows:

Lismore City Council Meeting held 13 July 2021 - North Lismore Plateau 10

Notice of Motion

Any proposal to hand back an area of land of this size and value will present a number of questions and risks that need to be clarified and addressed by Council to provide further and sufficient direction to staff on the desired outcomes and to inform any detailed investigation and identify required funding that will need to be allocated by Council.

Council staff can prepare a briefing to Councillors via preliminary investigation on the relevant legal frameworks, issues, options, obligations and likely costs associated with the hand back of land to enable further direction on this matter by Councillors prior to commencing further detailed investigation that is likely to incur significant costs that are not currently funded or resourced by Council.

The costs of providing this preliminary investigation for a Councillor Briefing can be covered from within existing staff budget allocations to ensure Councillors have relevant information to inform future actions or resolutions that would require resourcing and a funding source to be identified by Council for inclusion within an adopted budget.

The Councillor Briefing would provide preliminary investigation information and options for further direction from the elected Council to staff , including, but not necessarily limited to the following matters :

• The current Native Title status of the land and any matters that may arise as a result of that status; • A preferred community engagement framework for Council to identify all relevant stakeholders to be engaged in the hand back process and dispute resolution processes; • The process for Council to determine the preferred entity or Body Corporate representing the traditional owners that the land ownership is intended to be legally transferred to; • The preferred legal mechanism/framework to negotiate transfer of the land to the entity selected/preferred as resolved by Council or options and costs to Council to hold the land in trust for the relevant entity for some future purpose; • What governance frameworks will need to be in place for direct negotiation of a handover or gifting of the land to the preferred entity of an asset with future development potential; • A range of estimated values of the land and the potential for unanticipated financial implications or liabilities to Council in handing over this asset in its current condition; • Potential risks to Council (eg. financial, reputational) that might arise if negotiations become protracted or disputed with competing parties, and how Council intends to mitigate those risks; • A broad range of estimated costs of obtaining advice on the above legal/governance framework, and other resources to progress the process and how they will be funded by Council; • Estimated timeframe for a hand over process; • Examples of land hand back processes undertaken by other Councils.

Attachment/s There are no attachments for this report.

TRIM Record No: BP21/567:EF19/25-03

Lismore City Council Meeting held 13 July 2021 - North Lismore Plateau 11

Matters Arising

Matters Arising Matters Arising Subject Application to Name Ground 3 at Albert Park Baseball/ Softball Complex

TRIM Record No BP21/362:CDR20/1025

Prepared by Property Officer

Reason To consider an application to name Ground 3 at Albert Park Baseball/ Softball Complex 'Shailes Field' after Kayleen Shailes.

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 This report is the result of a previous Council resolution from August 2020 and seeks a resolution from Council to provide its support to name Ground 3 at Albert Park Baseball/ Softball Complex ‘Shailes Field’ after Kayleen Shailes.

Recommendation That: 1. Council provide their support to name Ground 3 at Albert Park Baseball/ Softball Complex ‘Shailes Field’ after Kayleen Shailes. 2. The Geographical Names Board of New South Wales be notified of the ground name to ensure the name, position and origin is recorded in the Spatial Services’ Digital Topographic Database and the name of the ground be shown on maps, where relevant.

Background At the ordinary Council meeting of 11 August 2020, the attached report was considered and Council resolved that:

“1. Council commence a consultation process with the community to gain feedback on the proposed naming of Ground 4 at Albert Park Baseball/ Softball Complex ‘Shailes Field’ after Kayleen Shailes. 2. The consultation plan and results of the consultation process be reported back to Council for further consideration before a decision is made on the proposed naming.” Since this meeting, further consultation on the proposed naming has occurred between the two community groups that use the complex being Far North Coast Softball Association (Softball) and Far North Coast Baseball Association (Baseball). An agreement was reached between Softball and Baseball that Ground 3 be named (instead of Ground 4) as there are more softball fields located on Ground 3.

Lismore City Council Meeting held 13 July 2021 - Application to Name Ground 3 at Albert Park 13 Baseball/ Softball Complex

Matters Arising Image 1: Ground 3 of Albert Park Baseball/ Softball Complex is indicated in red on the diagram below:

Image 2: Locality plan showing Albert Park Baseball/ Softball Complex:

Lismore City Council Meeting held 13 July 2021 - Application to Name Ground 3 at Albert Park 14 Baseball/ Softball Complex

Matters Arising

On 4 March and 20 May 2021 Council staff attended Council’s Aboriginal Advisory Committee meetings to discuss Softball’s application to name Ground 3 ‘Shailes Field’ after Kayleen Shailes. The application to name the field was noted and support provided by the Committee.

Following the NSW Geographical Names Board (GNB) consultation guidelines and procedures, on 5 May 2021, community feedback on the proposed naming was sought by:

• Placing public notice on Council’s web site; • Providing written notice and inviting comment from: o residents surrounding the baseball/ softball complex o community groups which surround the baseball/ softball complex o NTSCorp (being the Native Title Service Provider for NSW) o Bill Fisher, Chief Executive Officer - Ngulingah Local Aboriginal Land Council.

In response to the public consultation notices provided, no feedback was received.

The GNB has the role of assigning names to places. Facilities within an officially assigned reserve, such as Ground 3, may be named in accordance with GNB policy, but do not require the formal approval of the GNB. GNB does however request that it be notified of such names to ensure the name, position and origin is recorded in the Spatial Services’ Digital Topographic Database. There are no fees payable by Council to submit a named place to the GNB.

Comments Finance Not required.

Conclusion The application to name Ground 3 ‘Shailes Field’ is considered to satisfy the typical grounds for place naming recognition test, being acts of community service and exceptional accomplishments. Whilst consideration should be given to the GNB’s recommendations not to name features to honour living persons, it is noted the proposed naming of a community facility is permissible under the guidelines.

Attachment/s 1.⇩ Application to Name Ground 4 at Albert Park Baseball/ Softball Complex 2.⇩ Geographical Names Board of NSW Commemorative Naming Fact Sheet

Lismore City Council Meeting held 13 July 2021 - Application to Name Ground 3 at Albert Park 15 Baseball/ Softball Complex

Application to Name Ground 4 at Albert Park Baseball/ Softball Complex Attachment 1

Report Subject Application to Name Ground 4 at Albert Park Baseball/ Softball Complex

TRIM Record No BP20/632:CDR20/1025

Prepared by Property and Legal Services Officer

Reason To consider an application to name Ground 4 at Albert Park Baseball/ Softball Complex 'Shailes Field' after Kayleen Shailes.

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 An application has been received from Far North Coast Softball Association to name Ground 4 at Albert Park Baseball/ Softball Complex ‘Shailes Field’ after Kayleen Shailes.

This report outlines the process required to consider the request and seeks approval to commence public consultation on the proposal.

Recommendation That: 1. Council commence a consultation process with the community to gain feedback on the proposed naming of Ground 4 at Albert Park Baseball/ Softball Complex ‘Shailes Field’ after Kayleen Shailes. 2. The results of the consultation process be reported back to Council for further consideration before a decision is made on the proposed naming.

Background On 23 July 2020 Council staff received the attached request from Far North Coast Softball Association Inc to name Ground 4 at Albert Park Baseball/ Softball Complex ‘Shailes Field’ after Kayleen Shailes.

The baseball/ softball complex is located on the western side of Lismore Albert Park Crown Reserve adjacent to the Wilsons River. Lismore City Council is the appointed Crown Land Manager of this reserve under the Crown Land Management Act, 2016.

The complex is currently undergoing significant renovation and upgrade.

Lismore City Council Meeting held 13 July 2021 - Application to Name Ground 3 at Albert Park 16 Baseball/ Softball Complex

Application to Name Ground 4 at Albert Park Baseball/ Softball Complex Attachment 1

Image 1: Ground 4 of Albert Park Baseball/ Softball Complex is indicated in red on the diagram below:

The Geographical Names Board of New South Wales (GNB) has the role of assigning names to places. GNB’s guidelines and procedures are aimed at ensuring community input, giving all interested parties a say in a naming decision. A copy of the GNB Commemorative Naming Fact Sheet is attached.

Upon reviewing the GNB Place Naming Policy, the following matters are brought to Council’s attention:

1. Commemorative Names Under Policy 7, commemorative names include those that commemorate a person. Acts of community service and exceptional accomplishments are typical grounds for this recognition. The person being commemorated should have contributed significantly to the area around the geographic feature or locality. However, when such a name is applied, GNB policy states that it shall be given posthumously, at least one year after the person passes.

The attached GNB Commemorative Naming Fact Sheet outlines the reasons why, the GNB strongly recommends that local councils do not prepare proposals to name features to honour living persons.

2. Naming of facilities within officially assigned reserves As outlined in the fact sheet, features such as pavilions, grandstands or ovals within an officially assigned reserve, such as Albert Park, may be named after living persons. This does not require the formal approval of the GNB as the facility name will not be formally assigned a name as a permanent public record. The GNB does however require it be notified of such a name to ensure the name, position and origin is recorded in the Spatial Services’ Digital Topographic Database as a ‘name in use’ and will be shown on maps, where relevant.

This option would be available to facilitate the request from Far North Coast Softball Association.

Lismore City Council Meeting held 13 July 2021 - Application to Name Ground 3 at Albert Park 17 Baseball/ Softball Complex

Application to Name Ground 4 at Albert Park Baseball/ Softball Complex Attachment 1

Present Field Names Currently two of the grounds at the Albert Park Baseball/ Softball Complex are named. Ground 1 is named Baxter Field in honour of Reg Baxter OAM, former Lismore City Council Councillor and his long association with Far North Coast Baseball. Baxter Field was named in Mr Baxter’s honour while he was alive.

Ground 2 is named Thew Field in honour of Laurie Thew. Mr Thew moved to Lismore from Sydney in 1937 and was instrumental in developing a baseball competition at Albert Park with teams from Lismore, Casino and Kyogle.

Comments Finance Costs to Council in coordinating the consultation process are minimal.

Other staff comments Property Services Manager The land is subject to an active native title claim by the Widjabul Wia-bal People who have specifically requested participation in any naming of the facility. Whilst this proposal relates to only part of the facility, the Widjabul Wia-bal People’s request should be acknowledged, and they should be consulted directly as part of the process.

Public consultation No public consultation has been conducted at this time. Should Council agree to progress the proposal, public consultation will be undertaken for 28 days in accordance with the requirements of the GNB’s guidelines and procedures.

Conclusion The attached application to name Ground 4 as ‘Shailes Field’ meets the acts of community service and exceptional accomplishments being the typical grounds for place naming recognition. Whilst consideration should be given to GNB’s recommendations not to name features to honour living persons, it is noted the proposed naming is of a community facility, being Ground 4 which is permissible under the guidelines.

Before making a decision on the proposal, Council is required to undertake community consultation and consider any submissions received.

Attachment/s 1. Application to place name Ground 4 at Albert Park Baseball/ Softball Complex 2. Geographical Names Board of NSW Commemorative Naming Fact Sheet 3. Initial response from Far North Coast Baseball Association

Lismore City Council Meeting held 13 July 2021 - Application to Name Ground 3 at Albert Park 18 Baseball/ Softball Complex

Geographical Names Board of NSW Commemorative Naming Fact Sheet Attachment 2

Lismore City Council Meeting held 13 July 2021 - Application to Name Ground 3 at Albert Park 19 Baseball/ Softball Complex

Matters Arising Matters Arising Subject Adoption of the final three (3) Crown Lands Plans of Management TRIM Record No BP21/364:EF19/672-03

Prepared by Strategic Planner

Reason To report to Council the results of public consultation and obtain a resolution to adopt the final Plans of Management for the final three (3) Crown Reserves managed by Council. Strategic Theme An inclusive and healthy community

Strategy Our sporting facilities and recreational spaces encourage active and passive community participation. Action Provide high-quality open spaces, parks and reserves.

Executive Summary The introduction of the Crown Land Management Act 2016 (CLM Act) required all Councils in NSW to prepare Plans of Management (PoMs) for the Crown Land Reserves that are classified ‘community land’, and to manage such land as if it were public land under the Local Government Act 1993 (LG Act). Lismore City Council has 31 such Reserves. Seventeen draft PoMs for all 31 reserves were endorsed by Council at meetings in March, April, and June 2020 for public notification. Fourteen of the draft PoM’s covering 28 Crown reserves were subsequently publicly notified and adopted by Council on 8 December 2020.

The final three (3) draft PoM’s for Rotary Park, Currie Park & Claude Riley Lookout Reserve were held back while further ecological studies and restoration plans were completed. These Plans for Rotary and Currie Parks were completed in February 2021 and are included at Appendix A of each PoM. Due to timing constraints, a Plan for the Claude Riley Lookout Reserve was unable to be completed.

These three (3) final draft PoM’s were placed on public exhibition from 16 March until 28 April 2021 during which time seven (7) public submissions were received. The key issues raised in these submissions are summarised in Table 1 of this report and provided at Attachment 2.

As a result of further review of the draft PoM’s and some issues raised in submissions, several inconsequential changes are proposed to be made to amend the PoM’s which are outlined in Table 3 of this report. These changes were discussed at a Council Workshop held on 1 June 2021.

On 3 June 2021, Department of Planning, Industry and Environment – Crown Lands (Crown Lands) advised that the amended PoM’s satisfy the requirements of the Crown Lands Management Act 2016. This correspondence is provided at Attachment 3 of this report.

On 4 June 2021, Crown Lands advised that the original deadline 30 June 2021 that was given to Councils to have all the PoM’s adopted was removed.

It is recommended that Council adopt the three final PoM’s for Rotary Park, Currie Park and Claude Riley Lookout Reserve.

Lismore City Council Meeting held 13 July 2021 - Adoption of the final three (3) Crown Lands 20 Plans of Management

Matters Arising

Recommendation That, in accordance with the requirements of the Crown Land Management Act 2016 and the Local Government Act 1993, Council adopts the three (3) Plans of Management attached to this report at Attachments 1 to 5 for: • Rotary Park • Currie Park • Claude Riley Lookout Reserve

Background The Crown Land Management Act 2016 came into effect on July 1, 2018 with a requirement that all councils appointed to manage Crown Land reserves manage such land as if it were public land under the Local Government Act 1993 (LG Act). Lismore City Council has 31 Crown reserves that are to be managed as ‘community’ land under the LG Act and a Plan of Management (PoM) is required for all ‘community’ classified land. Originally Councils were given a deadline to adopt compliant PoMs by 30 June 2021. However, on 4 June 2021, the Department of Planning, Industry and Environment - Crown Lands (Crown Lands) advised that this deadline had now been removed to give Council’s greater flexibility to develop their PoM’s.

Draft Plans of Management for all 31 reserves were prepared and endorsed by Council for public notification in three ‘batches’ at its Ordinary meetings held on March 10, April 14 and June 9, 2020. Crown Lands subsequently issued their approval for all draft PoMs to be notified in accordance with the requirements of Section 38 of the LG Act.

Council staff decided to take the opportunity to use some funding made available by the NSW Government for the preparation of the PoMs to undertake further ecological assessments and prepare Site Action Plans for Rotary Park and Currie Park. Due to timing constraints, a Plan for the Claude Riley Lookout Reserve was unable to be completed.

On 8 December 2020, Council adopted 14 PoM’s covering 28 Crown reserves while the final three (3) draft PoM’s were held back while Site Action Plans were completed. These Plans for Rotary and Currie Parks were completed in February 2021 and are included at Appendix A of each PoM.

Site Action Plans – Currie Park and Rotary Park There is no contemporary long-term strategy in place to direct ongoing restoration works at Currie Park with the last study conducted in 1999 when a Restoration Program and Weed Control Strategy was prepared by Rosemary Joseph. Similarly, the most recent strategy for the control of weeds and restoration works for Rotary Park was undertaken by Rosemary Joseph (EnviTE) in 2000.

The Site Action Plans were prepared to ensure management of each site can occur on a long-term basis by directing a program of restoration and regeneration works. The objectives of the Site Action Plans are to identify key threats to conservation values and outline recommendations to address the threats based on the assessment of the vegetation on each site.

Each Plan contains specific guidance for the continued restoration of the structure, function and dynamics of the respective native vegetation community. The objectives include the maintenance of core remnant rainforest, the expansion of core rainforest areas through regeneration, reducing the impact of ongoing threats and provision of a monitoring and evaluation methodology.

Lismore City Council Meeting held 13 July 2021 - Adoption of the final three (3) Crown Lands 21 Plans of Management

Matters Arising Public consultation and submissions The LG Act requires that draft plans must be on public exhibition for a minimum of 28 days and the public has a minimum of 42 days in which to make a submission to Council. Accordingly, the three draft PoM’s and Site Action Plans were available on Council’s Your Say website and submissions were open from 16 March until 28 April 2020.

A notice about the public exhibition was also published in Local Matters and letters were sent to adjoining landowners. Council staff had also consulted extensively with stakeholders in the preparation of the draft PoMs.

A total of seven submissions were received, which are summarised in Table 1 below with a staff response. A copy of each submission is included at Attachment 2 of this report.

Table 1: Summary of issues raised in submissions

Crown Issues raised Staff response Reserve Rotary Park • Why has no real effort been made to • Rotary Park is natural habitat for several move the flying fox colony away from flying fox species, including the grey-headed human habitation? flying fox, which is a threatened species. • The PoM states the colony is • Relocation of the flying foxes is considered detrimental to the canopy at Rotary inappropriate due to its very low success Park which has aided weed growth rate, high cost and potential impact on the below. animals. • Flying foxes are carriers of the • To contract lyssavirus have direct exposure Lyssavirus and a Government best is required (to faeces or an animal) through a practice guide states that people cut or scratch, so people working in close working in and around colonies should proximity (like bush regenerators) should be be immunised. immunised. • Once the symptoms manifest in a human, the virus is irreversible, and death is only outcome. • LCC has duty of care to ensure safety of rate payers and should be seen to move this colony away from humans. • There are no positives for letting the colony remain – they screech all day and stink and make the park not fit for community use. • Council has put this issue in the ‘too hard’ basket and don’t want to raise the ire of environmentalists. • Health of constituents far outweighs comfort of a colony of flying foxes. • The submitter hasn’t noticed the • Landcare groups contribute many volunteer landcare groups that used to keep the hours in the Lismore area. There is currently exotics and ferals under control – do not a group working in Rotary Park, but any they still assist? group is welcome to discuss a proposal with • It would be great if Rotary Park could be LCC. returned to some resemblance of the • Council engages professional bush original community facility we loved regenerators to undertake weed control and rather than a dumping ground and this will continue in accordance with the Site breeding zone for fruit bats. Action Plan. • The bird life that inhabited Rotary Park • Rotary Park is an isolated remnant of was plentiful and varied – most of them lowland rainforest that includes several are gone sadly. The Regent Bower threatened species and an endangered

Lismore City Council Meeting held 13 July 2021 - Adoption of the final three (3) Crown Lands 22 Plans of Management

Matters Arising Birds have disappeared or moved ecological community. elsewhere. • Changes to fauna populations, including birds, are generally the result of landscape scale pressures such as clearing of habitat. Bush regeneration and weed control in accordance with the Site Action Plan is aimed at maintaining habitat for flora and fauna as far as possible within this isolated remnant. • The Friends of Rotary Park strongly • Re-opening the walking track will depend on support Council re-investing and re- available funding. opening the walking track and continue • Council employs bush regeneration investing in ecological restoration contractors to undertake ongoing restoration works. work under the Site Action Plan and Urban Green Corridors Plan. Claude Riley • A fire break is a priority. Due to dry • The submitter was advised to contact the Memorial vegetation there is a major risk of fire Rural Fire Service (RFS) for an assessment Reserve breaking out and taking out all the of whether Claude Riley Reserve is a fire vegetation at the back of the properties hazard. Contact details of the relevant officer along with residential premises. at the RFS have been supplied to the submitter. Council staff also contacted the RFS. • Dead trees drop limbs on submitters • A customer request has been lodged with property. Council which will be referred to the Tree officer to follow up. • Submitter’s property backs onto the • Council’s Open Space co-ordinator has quarry – is there a possibility of fencing advised that Council is not in a position to the boundary between the western part fund a fence in that location as there are of their property and the quarry for higher priorities elsewhere with the funding safety reasons? available. In addition, Council may be exempt legally from contributing to common boundaries under the Dividing Fences Act. • There has been significant change in • The Claude Riley Reserve is recognised as a condition of vegetation and with further key link in Council’s Urban Green Corridors investment the site could become an Plan. This Plan contains a range of important extension of Rotary Park and implementation actions related specifically to a link for Council’s Urban Green this Reserve. Corridors. • Currently works are funded on an ad hoc basis through Wilsons River Landcare, residents and $1000 from

LCC which significantly limits the work of Browns Creek Catchment Landcare Group. • The PoM identifies the mapped • This description has been amended (see vegetation as dry sclerophyll – this is further details in Table 2). incorrect – it is dry rainforest (Araucaria • The description of the vegetation in the PoM / Drypetes sub alliance). has no impact on bushfire mapping. It is • This mapping may affect the online noted the Reserve contains a mixture of bushfire assessment. vegetation in Category 1 and 2 Bushfire • Bushfire is not mentioned in the PoM. vegetation and ‘Vegetation buffer’ areas. • There is a perceived (& online bushfire • There is no requirement under S36(3) of the tool assessed) bushfire risk to LG Act for a PoM to address bushfire. properties at top of western facing • The responsibility for managing land with quarry slope. identified bushfire hazard rests with the RFS • Landowners of 2 & 4 Balmer Avenue and is addressed by Bushfire Risk maintain lawn west of these properties Management Plans developed by the RFS. as fire buffer.

Lismore City Council Meeting held 13 July 2021 - Adoption of the final three (3) Crown Lands 23 Plans of Management

Matters Arising As a result of additional issues being raised and researched by staff with regard to the use of part of Currie Park by the Lismore Turf Club and the unauthorised shed on the Claude Riley Reserve, some minor amendments have been made to the PoM’s post exhibition. There is also one change in response to an issue raised in a public submission. These changes are outlined in Table 2 below.

Table 2: Summary of changes to each PoM post exhibition Proposed change Rationale for change Claude Riley Reserve Shed • The PoM should acknowledge the shed on the • The draft PoM placed on public exhibition south eastern portion of the reserve. did not include reference to the shed. • Council staff contacted the landowner of 2 • Section 36 (3A) of the Local Govt Act states Balmer Avenue, Lismore as the shed appears to that the PoM must include a description of be connected to this property. However, the any buildings on the land at the date of landowner has confirmed via email that the shed adoption. is not part of their property. • The use of the shed is constrained due to • It is not clear when the shed was constructed or access difficulties. It is therefore how it has been used. recommended that it is removed when resources are available. It is therefore recommended that the following text is included in the PoM: “Council will endeavour to remove the unauthorised shed as resources permit” (page 6). Vegetation type • The description in the draft PoM was an • A submitter suggested that the vegetation within oversight and the final version of the PoM Claude Riley Reserve is not dry sclerophyll has been amended by describing the forest, as identified on page 7 of the PoM, rather vegetation as Dry Rainforest (page 7). it is Dry Rainforest. • The following text is proposed to be deleted: The vegetation within the reserve is mapped (‘Keith Formation’) as Dry Sclerophyll forest, Rainforest (derived) and ‘miscellaneous / exotic’ • The replacement text reads: ‘The vegetation of Claude Riley Reserve is Drypetes deplanchei – Araucaria Cunninghamii sub alliance after Floyd in Australian Rainforests in New South Wales (Vol 1 Surrey, Beatty and Sons. Sydney 1990a)’. Currie Park Turf Club • This arrangement was not included in the • A new section is proposed to be included in the draft POM placed on public exhibition and PoM to acknowledge the use of the maintained has since been confirmed via email from the grassland area by the Lismore Turf Club (LTC) LTC. for car parking on race days and that the LTC mows the grassland area. (pages 12 and 13). • An informal written arrangement was established in 1984 with no licence in place. • A licence agreement will need to be signed to formalise the agreement once the PoM is approved by Crown Lands. Removal of text • Removal of text on Contents page: ‘Apppendix • This information about weed and native A: Extracts from Currie Park Restoration species is superseded by the Site Action Program and Weed Control Strategy (1999)’. A1 Plan which is included at Appendix A of the List of Native Species (1999) and A2 List of PoM.

Lismore City Council Meeting held 13 July 2021 - Adoption of the final three (3) Crown Lands 24 Plans of Management

Matters Arising Weed Species & Native Species (planted) – (1999). • This text is replaced with ‘Appendix A: Site Action Plan’. Rotary Park Removal of text • This information about weed species is • Removal of text on Contents page ‘Appendix A: superseded by the Site Action Plan which is Restoration of Rotary Park Rainforest Reserve – included at Appendix A of the PoM. Past, Present, Future (2000)’. A1 List of native Flora recorded 1985-2000 and A2 List of Weed Species recorded 1985-2000’. • This text is replaced with ‘Appendix A: Site Action Plan’.

Comments Finance The recommendation as printed is supported.

Other staff comments Council staff involved in the management of the reserves as well as staff from the Environmental Strategies and Property areas have been consulted throughout this project and their advice has been included in the preparation of the Plans of Management.

Public consultation Public consultation was undertaken in accordance with the requirements of the Local Government Act 1993 and submissions have been addressed within this report. The changes recommended in response to submissions are not considered sufficient to warrant a re-exhibition of any of the PoMs especially given that Crown Lands have approved the post-exhibition amendments to each PoM.

Conclusion The three final draft Plans of Management covering Rotary Park, Currie Park and Claude Riley Lookout Reserve that were put on public exhibition meet all statutory requirements and were endorsed by the Department of Planning, Industry and Environment (Crown Lands) for public exhibition.

The draft PoMs were exhibited for 42 days and a total of 7 public submissions were received. As a result of further consideration and issues raised in public submissions, minor changes have been made to the three PoM’s. Crown Lands have subsequently advised that each PoM meets the requirements of the Crown Land Management Act 2016.

It is therefore recommended that Council now adopt the three Plans of Management attached to this report.

Attachment/s 1.⇨ Plan of Management - Rotary Park (Over 7 pages) 2.⇨ Plan of Management - Currie Park (Over 7 pages) 3.⇨ Plan of Management - Claude Riley Lookout Reserve (Over 7 pages) 4.⇨ Site Action Plan - Rotary Park (Over 7 pages) 5.⇨ Site Action Plan - Currie Park (Over 7 pages) 6.⇨ Attachment 2 - Public submissions (Over 7 pages) 7.⇨ Attachment 3 - Crown Lands advice (Over 7 pages)

Lismore City Council Meeting held 13 July 2021 - Adoption of the final three (3) Crown Lands 25 Plans of Management

Matters Arising Matters Arising Subject Affordable and medium density housing options in Lismore urban area TRIM Record No BP21/494:EF18/301-03

Prepared by Strategic Planner

Reason To report to Council the key issues raised in meetings with stakeholders and potential options for Council to consider and action to facilitate affordable and medium density housing. Strategic Theme Our built environment

Strategy Our community has a diversity of affordable housing options.

Action Plan for a mix of housing needs and facilitate increased supply of affordable housing.

Executive Summary In response to a Notice of Motion adopted at the Ordinary meeting Council on 11 May 2021 on affordable housing / medium density opportunities, planning staff have met with various representatives from the development industry and community / affordable housing sector to gain a better understanding of the issues and challenges involved with providing affordable and medium density housing in the Lismore urban area.

This report is the first step in investigating opportunities for affordable and medium density housing in Lismore and identifying a range of potential actions that are within Council’s sphere of responsibility to advocate, attract, facilitate and potentially incentivise investment in affordable and medium density housing.

These potential options are varied and could include subsidising fire upgrades to attract more Shop Top Housing in the CBD, developing an Affordable Housing Strategy, fast tracking development applications for affordable and medium density housing, developing a new policy to defer and/or discount section 7.11 developer contributions and working in partnership with community housing providers to realise affordable housing opportunities.

The Northern Rivers Planners Group (NRPG) established a Housing Working Sub-Group (HWG) to work collaboratively on the issues of affordable housing paramount across the region. A scoping paper is being prepared for the region to address housing issues and initiatives.

Further, there was an announcement by the Hon. Rob Stokes, MP Minister for Planning and Public Spaces to establish a taskforce to speed up the delivery of homes in regional NSW, as pressure mounts on housing supply outside major cities. At this point the taskforce details aren’t clear but it provides an opportunity to submit the findings of the HWG.

It is recommended that Council commence the preparation of an Affordable Housing Strategy and undertake further analysis into the issues outlined in this report. It is also recommended that Council lobby the NSW Government to make available appropriate (ie relatively unconstrained) NSW State government owned surplus land in the Lismore urban area for affordable and medium density development and to address the current shortage of building materials in NSW that is delaying construction timeframes and adversely impacting the building industry and home buyers.

Matters Arising

Recommendation That: 1. Council commence the preparation of an Affordable Housing Strategy; 2. Staff undertake further investigations into the affordable and medium density housing issues outlined in this report and report back to council on recommended actions; 3. Council lobby the NSW Government to make available State-owned surplus land in the Lismore urban area for affordable and medium density housing and address the current shortage of building materials in NSW that is leading to delayed construction timeframes and adversely impacting the building industry and home buyers. 4. Council support the Housing Working Sub-Group (HWG) of the Northern Rivers Planners Group for Byron, Ballina, Lismore, Kyogle, Richmond Valley and Tweed Councils collaborating to prepare and lodge a submission to the Minister’s taskforce. 5. Current and newly elected Councilors receive an update and a copy of the submission to the Minister’s taskforce.

Background On 11 May 2021, a Notice of Motion was moved that:

1. Lismore Council declares we are currently experiencing an emergency situation with respect to the lack of housing availability and affordability in our community. 2. Council urgently writes to local Members of Parliament and relevant ministers in State and Federal Government asking that they invest in social and affordable housing in the Lismore LGA and across the Northern Rivers more broadly. 3. Council investigates affordable housing and medium density opportunities within the Lismore urban area. 4. A report be brought back to the July Council meeting outlining the findings and recommendations from point 1. 5. Council budget $50,000 in the 2021/22 financial budget to implement the recommendations of point 2.

What is affordable housing? “Affordable housing” is housing that is appropriate in standard and location for the needs of a range of low to moderate income households and priced so that low and moderate incomes are able to meet their other essential basic living costs (food, clothing, transport, utilities, schooling, reasonable recreation). This is generally accepted to mean that rent or mortgage payments are no more than 30% of gross household income. Stakeholder consultation Following the May 2021 Council resolution, Planning staff have met with the following organisations and individuals involved in the development industry and community / affordable housing to gain a better appreciation of the issues facing these sectors in delivering affordable and / or medium density housing in Lismore.

Planning and building consultants: GM Project Development & Management, Malcolm Scott, Planit Consulting, Ardill Payne & Assoc, Newton Denny Chapelle, RLA Building Designs, Richmond Hill Consultants (also developers) and Mike Sivikis Planning.

Community / affordable housing providers: Social Futures, Momentum Collective, North Coast Community Housing, BaptistCare and Lismore Challenge (Multi-task).

Builders/Developers: Bennett Constructions, Greg Clark Building, Winten Property Group, William Xavier Height Pty Ltd (Lismore Diocese) and McCloy Goonellabah.

Real Estate Agents: Ray White Real Estate and Professional Real Estate.

Matters Arising Key Employers: Lismore Base Hospital, St Vincent’s Private Hospital, Northern Cooperative Meat Company

State Government: Land & Housing Corporation

Each stakeholder was asked the same questions regarding the challenges involved with providing affordable and medium density housing in Lismore. The key issues and challenges raised in these discussions are summarised below:

• The current housing market is a result of a “perfect storm” – Influx of people returning to Australia and the regions, money availability as a result of Covid, and low interest rates. • Potential failure of past planning – lack of sunset clauses in rezonings facilitating land banking, magnified by the acceleration of housing prices. Facilitated the ability for developers to drip feed market. • The ‘brand’ of Lismore should be marketed more effectively as an attractive place to live, differentiated from the coast, offering cultural diversity and a large LGBTI community. • To incentivise affordable and medium density development, Council should offer discounts on developer contributions, provide first home buyer grants, introduce delayed payment of developer contributions, expedite and provide a guaranteed timeframe for processing DA’s to provide greater certainty and reduce holding costs for developers. • The current barriers to developing medium density are that returns were not high enough with greater risks involved, there is a lack of demand for this housing product and the market for this product in Lismore has not been tested as yet. • The main demand for housing in Lismore is for a 3 bedroom / 2-bathroom house on a 600m² lot. This housing product appeals to ‘downsizers’ from large farms and young families. • Contrary to the previous comment, others felt there is an unmet demand for 1-2-bedroom dwellings. There was strong commentary that there was demand for 1- and 2-bedroom product. Crucial to this was the location of this housing close to shops, services and amenities, • Construction costs are increasing continually and there is a shortage of some building products ie. timber and concrete stormwater pipes. This is perpetuating the escalation in the cost of housing. • The largest challenge for community housing providers is a lack of affordable rentals and low vacancy rates which leads to homelessness / people sleeping in cars and couch surfing. • The only way for the development industry to provide more affordable housing is for it to be subsidised by government. • Enquiries to Real Estate Agents from outsiders are around 25% in Lismore whereas in Byron the enquiry rate is 85% from outsiders. • Streamlining of Development Application process – quicker processing times, fast tracking DA’s, concierge of DA’s, additional resourcing to process applications in a timely manner. • Force and encourage higher yields and densities. • Advocacy to the State Government – to provide more affordable housing; make Crown Land available for affordable housing development; incentivise industry to provide more affordable housing; facilitate community housing providers to provide more affordable housing opportunities. • Look at regional approach to the delivery of affordable housing; • Need a pipeline of affordable housing opportunities and delivery of product.

Potential options Options within Council’s control to stimulate the development of affordable and medium density development for further investigation including costings include:

1. Shop top housing Facilitate shop top housing. Review development provisions and investigate developer subsidies for fire upgrades to stimulate shop top housing in the Lismore CBD. Further work would be required to investigate costings.

Matters Arising 2. Bristol Circuit Council to work in partnership with a community housing provider to develop land at 44 Bristol Circuit, Goonellabah and guarantee a fast track DA approval and contributions discount/waiver. Council is currently recruiting for a project officer to manage to the Bristol Circuit project delivery.

3. Development Assessment Fast track DA approvals for medium density and affordable housing projects. Establish a concierge resource for the development process. Further investigation is required to cost a business case for resourcing of these options. Council is also investigating new technology to streamline the DA process.

4. Deferment of developer contributions for medium density and affordable housing Council currently offers an opportunity for deferment of payments of developer contributions until a Construction or Occupation Certificate is issued. Council officers to review options to potentially extend the deferment period further than what is provided. 5. Discount developer contributions for medium density and affordable housing Investigate a new discount policy for infrastructure contributions for affordable and medium density development in the Lismore urban area. Council’s previous policy provided a complete waiver of infrastructure contributions (excluding Rous County Council contributions) for medium density housing and serviced apartments in the R3 Medium Density zone (Health Precinct) and only one (1) application was approved. In the current market and with the dire housing shortage this policy should be reconsidered.

6. Affordable Housing Strategy Develop an Affordable Housing Strategy. This involves several steps including an Expression of Interest process requesting interest from prospective landowners / developers who would benefit from Council ‘upzoning’ their land for affordable housing. When this land has been identified in an adopted strategy, a feasibility study would need to be undertaken to demonstrate demand for affordable housing and that the land is financially viable for affordable housing development.

7. First Home Buyers Grants First Home Buyers Grants are offered to First Homebuyers who purchase a 1-2-bedroom dwelling located in a medium density development. Further investigation would be required to research costings and the parameters for this program especially in light of the poor take up of the grants offered as part of the former BBRC project.

Additional actions that Council can also take with regard to areas under the responsibility of State Government are:

8. Advocate to the State Government that appropriate surplus land be made available for rezoning by Council and / or development by community housing providers for affordable / social / medium density housing (or a mix of all) in the Lismore urban area.

9. Lobby the NSW Department of Industry to address the current shortage of building materials in NSW that is leading to delayed construction timeframes and adverse impacts on the building industry and home buyers.

Northern Rivers Planners Group The Northern Rivers Planners Group (NRPG) established a Housing Working Subgroup (HWG) to address housing affordability issues across the region. The HWG comprises of planners across the Councils of Byron, Ballina, Lismore, Kyogle, Richmond Valley and Tweed.

The HWG held a workshop on 20 May 2021 to share experiences and broadly map out a path for moving forward. Two key actions lead from this initial meeting.

Matters Arising Firstly, work on a scoping paper for Northern Rivers Council housing initiatives. The Byron, Ballina, Lismore, Kyogle and Richmond Valley Councils have now co-funded a consultancy to assist in compiling a scoping plan for affordable housing.

The scoping plan will summarise existing conditions, identify common threads across the Local Government Areas and recommend priority actions for follow up.

Secondly, an invitation to participate in a NRJO of Mayors Housing Workshop on 18 June 2021. HWG representatives outlined the group, its direction and intent to collaborate in scoping the issue as a collective Northern Rivers region.

The Mayors in attendance at the workshop were generally supportive of the group’s work to date.

Other brief presentations were provided at the workshop by: • North Coast Community Housing • Housing Industry Australia on industry supply issues • Regional NSW Executive Director Ash Albury • Queanbeyan-Palerang Regional Council on Crown Land / skills proposal • Business NSW – issues overview • Landcom

The NRJO workshop was held on the heel of an announcement by the Hon. Rob Stokes, MP Minister for Planning and Public Spaces to establish a taskforce to speed up the delivery of homes in regional NSW, as pressure mounts on housing supply outside major cities.

Mr Stokes said the group would consult local councils, communities, industry, and non-for-profit organisations before providing him with a set of recommendations in early September. (Source: Sydney Morning Herald 17 June 2021).

Given this short timeframe for input, several Mayors in attendance saw an opportunity for the HWG to assist in a proactive step to lodge an early, if not pre-emptive submission to the taskforce.

Indication of submission content It is expected that the submission will raise the following issues. • Housing Crisis declaration by Byron, Tweed, Lismore, Coffs Harbour LGAs • The Councils for Byron, Ballina, Lismore, Kyogle, Richmond Valley and Tweed have formed a Housing Working Subgroup (HWG) of the Northern Rivers Planners Group and are ready and willing to work with the NSW government

The work of this group to date has identified the following aspects that would be canvassed in the submission:

Issues • The inability for employers to attract and retain key workers (nurses, medical support staff, teachers and child carers, hospitality and retail workers, artists and musicians) due to the housing crisis • Increasing median property prices • Increasing median rents • Decreasing private rental vacancies • Large deficit in available social housing supply • Increasing use of short-term rental accommodation (STRA) by property owners • Land supply subject to ‘drip release’ • Land supply subject to land banking • Rental supply largely private market driven

Matters Arising Drivers • Attractive property investment climate with financial incentives and advantages • Return of ‘ex pats’, international and interstate travellers and residents to their homes • Tree and sea changers buying up • Part time residents’ aka FIFO City commuters • Status quo of state and commonwealth policy and funding initiatives to incentivise attainable and diverse housing stock • Divergent community views on what defines ‘affordable housing and where it should be located. The solutions that are currently being explored by this group are: • Council specific Affordable Housing Development Policy • Affordable Housing Contribution Scheme (SEPP 70) • Voluntary Planning Agreements (planning proposal and development application) • Inclusionary zone provisions (LEP and DCP) • Land Banking sunset clause • Meanwhile Uses (repurposing vacant buildings, interim use of vacant crown and council lands e.g. road reserves, rail corridors for alternate uses such as short term/transitional residential accommodation) • Create a Land Trust entity (along similar lines of the Byron Shire Land Limited)

Comments Finance Not required.

Other staff comments N/A

Public consultation Not required at this initial stage.

Conclusion Following the Notice of Motion moved at the May 2021 Council meeting, staff have conducted a range of meetings with key stakeholders in the local development industry. The feedback obtained has been incorporated into several initial options that are within Council’s control to stimulate the development of affordable and medium density development.

It is recommended that Council officers commence the preparation of an Affordable Housing Strategy and consider and prioritise options that can be further investigated.

The HWG has commenced preparation of a scoping paper and has presented to the NRJO of Mayors. It is recommended Council supports this body of work and supports a submission to the taskforce established by the Minister to speed up the delivery of homes in regional NSW.

Attachment/s There are no attachments for this report.

Matters Arising Matters Arising

Subject Reserves Policy - Realignment of funds

TRIM Record No BP21/552:EF12/330-03

Prepared by Manager Investment & Commerce

Reason Realignment of reserve funds held to amended Reserve Policy categories

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 resolved to amend Reserves Policy 1.5.10 at its 13 April 2021 meeting.

The resolution also required a report on the review and realignment of funds held in reserve categories deleted from the previous Reserves Policy be submitted to Council for determination. The amended Reserves Policy deleted three existing categories and created three new categories.

The review was presented to a Councillor Briefing held on 28/6/21 and this report recommends the realignment to satisfy the above resolution.

Recommendation That adopt reserve movements as reported.

Background Council created the Reserves Policy Review Working Party (Working Party) to develop proposed changes to the Reserves (Internally Restricted) Policy – 1.5.10 that align it to supporting the Community Strategic Plan (CSP) and the capacity of the Long Term Financial Plan to support the CSP.

The Working Party outcomes were reported to Council’s 13 April 2021 meeting. The key outcomes relevant to this report are:

• From the current (previous) Reserves Policy, the following reserve categories are deleted from the amended Reserves Policy and any funds held in these are be reviewed to determine if required and reported to Council for determination: o Specific works, services or initiatives included in the annual budget or long term financial plan, o Council resolutions, and o Available funds.

• The creation of three new categories being: o Emergencies Reserve – To provide funding for emergencies including natural disasters, pandemics, or essential/critical business failures. o Economic Development & Growth Reserve – To provide funding to support implementation of the Economic Development Strategy and economic growth opportunities

Lismore City Council Meeting held 13 July 2021 - Reserves Policy - Realignment of funds 32

Matters Arising o Public Infrastructure & Buildings Assets Reserve – To provide funding for asset renewal, rehabilitation or remediation requirements excluding road infrastructure.

The Council resolved:

1. Adopt amended Reserves Policy 1.5.10 2. A report on the review and reallocation of funds held in reserve categories deleted from the current Reserves Policy be submitted to Council for determination. 3. Councillors be consulted on the reserves report format to be included in the Quarterly Budget Review Statement applicable from 30/09/21.

The purpose of this report is address 2 above.

The Reserves Policy 1.5.10 is attached.

Review For this review, reserve balances are based on movements up to the March 2021 Quarterly Budget Review Statement. The following table represents reserve category balance before application of the amended Policy:

Reserve Category Balance Status Annual budget or LTFP $0 Delete Council resolutions $9,738,300 Delete Available funds $2,385,500 Delete Held for Other Parties $0 Continue Special Rate Variation $630,100 Continue Carry Forward or Revote Works $3,867,500 Continue Emergencies $0 New Economic Development & Growth $0 New Public Infrastructure & Building Assets $0 New Total $16,621,400

The application of the amended Policy involved reviewing balances and realigning all from the Council resolutions and Available funds categories, to the Carry Forward & Revote Works, Emergencies, Economic Development & Growth and Public Infrastructure & Building Assets categories.

On application of the Policy, the following is a summary of movements:

Reserve Category Balance Balanced Comment reduced increased by: by: Council resolutions $9,738,300 $0 Reassessment based on Policy Available funds $2,385,500 $0 Reassessment based on Policy Carry Forward & Revote Works $5,534,500 Reassessment based on Policy Emergencies $1,100,000 Policy maximum amount Economic Development & Growth $1,000,000 Policy maximum amount Public Infrastructure & Building Assets $4,489,300 Reassessment based on Policy and balancing amount Total $12,123,800 $12,123,800

Lismore City Council Meeting held 13 July 2021 - Reserves Policy - Realignment of funds 33

Matters Arising A detailed listing of each reserve category is attached.

As required by the Reserves Policy, an annual report will be presented to Council detailing all reserve movements. This is will be reported in conjunction with the annual financial statements.

Public consultation Not required.

Comments Finance Recommendation is supported as printed.

Attachment/s 1.⇩ Reserves Policy 1.5.10 2.⇩ Detailed Reserve Category Listing - 31/03/21

Lismore City Council Meeting held 13 July 2021 - Reserves Policy - Realignment of funds 34

Reserves Policy 1.5.10 Attachment 1

Lismore City Council Meeting held 13 July 2021 - Reserves Policy - Realignment of funds 35

Reserves Policy 1.5.10 Attachment 1

Lismore City Council Meeting held 13 July 2021 - Reserves Policy - Realignment of funds 36

Detailed Reserve Category Listing - 31/03/21 Attachment 2

Lismore City Council Meeting held 13 July 2021 - Reserves Policy - Realignment of funds 37

Matters Arising Matters Arising

Subject Fraud and Corruption Control Policy

TRIM Record No BP20/968:EF13/463-03

Prepared by Acting Audit Risk & Improvement Coordinator

Reason The draft Fraud and Corruption Control Policy is a core element of the Fraud and Corruption Prevention Framework being implemented in response to the Audit Office Final management letter 2019 and complies with the Australian Fraud and Corruption Control Standard AS8001-2008. Strategic Theme Leadership and participation

Strategy We provide effective management and responsible governance.

Action Ensure sound risk management practices.

Executive Summary At the 10 November 2020 Council meeting a draft Fraud Control Policy was submitted to Council for adoption. At that meeting Council resolved that the matter be deferred to a workshop to strengthen the policy.

At the 2 March Councillor Briefing a presentation and workshop were delivered by Anti-Corruption Consultants Australia. Following the workshop feedback was provided by Councillors and incorporated, together with the lessons learned at the workshop, into the draft policy, together with the feedback provided by the consultant.

A revised draft Fraud and Corruption Control Policy is presented for further consideration by Council.

Recommendation That the Draft Fraud and Corruption Control Policy attached to the report be adopted.

Background At the 10 November 2020 Council meeting staff presented a draft Fraud Control Policy for Council for adoption. The draft policy was prepared by Vincent’s Consulting as part of the Fraud Prevention Framework in consultation with Executive Management.

Council resolved at that meeting to defer the matter to a future Workshop. Mick Symons of Anti- Corruption Consultants Australia (A.C.C.A.) was engaged by council staff to conduct a workshop at the March Council Briefing Session. The feedback presented by Mr Symons at the presentation, together with Councillor feedback, have been incorporated into a further review of the draft policy.

The most substantive changes to the draft policy are the inclusion of a joint message from the General Manager and Mayor outlining a zero tolerance to fraud and corruption, a name change to the “Fraud and Corruption Control Policy”, a definition of Corruption, and clear examples of fraud and corruption that could affect Lismore City Council, and reference to Lismore City Council’s Statement of Ethics.

Lismore City Council Meeting held 13 July 2021 - Fraud and Corruption Control Policy 38

Matters Arising In addition, staff utilised the Independent Commission Against Corruption (ICAC) paper “Advice on developing a fraud and corruption control policy January 2021” and “Sample Fraud and Corruption Control Policy” to assist in the review of the draft policy and have formatted the policy in accordance with these best practice documents.

In addition to the draft policy Vincent’s consulting have prepared a number of draft supporting documents, including a draft Fraud and Corruption Control Plan, which compliments the draft Fraud and Corruption Control Policy, and associated procedures. These documents will be finalised following adoption of the Draft Fraud and Corruption Control Policy and after consultation with both Councillors and Senior Management.

It is important to note that the Fraud and Corruption Control Plan will document how Council prevents, detects and responds to concerns about fraud and corruption from a strategic, tactical and operational level.

Comments Finance Not Applicable

Other staff comments Not Applicable

Public consultation Not applicable

Conclusion The Draft Fraud and Corruption Control Policy forms part of the Fraud and Corruption Prevention Framework currently being implemented across Council. The adoption by Council of the Draft Fraud and Corruption Control Policy will inform the final steps in the delivery of the Fraud and Corruption Prevention Framework.

Attachment/s 1.⇨ DRAFT Fraud and Corruption Control Policy (July 2021 Council Meeting) (Over 7 pages)

Lismore City Council Meeting held 13 July 2021 - Fraud and Corruption Control Policy 39

Matters Arising Matters Arising Subject Adoption of Unreasonable Conduct Model Policy and Procedure TRIM Record No BP21/572:EF19/804-03

Prepared by Acting Manager Governance & Risk

Reason Council resolved to put a draft policy on public exhibition and be reported back to Council. Strategic Theme Leadership and participation

Strategy We provide effective management and responsible governance.

Action Ensure the efficient and effective operation of Council.

Executive Summary At the 8 June 2021 Council meeting, Council resolved to place the draft Unreasonable Conduct Model Policy and Procedure on public exhibition.

The public exhibition period commenced Tuesday 15 June 2021 for a period of 28 days.

The Council is required to consider all submissions received during the public exhibition prior to adopting the Unreasonable Conduct Model Policy and Procedure. Any submissions received after writing of this report and the Council meeting will be sent as supplementary attachments to this report.

Recommendation That: 1. All submissions be received and noted. 2. The Unreasonable Conduct Model Policy and Procedure be adopted. 3. The Terms of Reference for the Unreasonable Conduct Advisory Group be adopted.

Background The Council resolved at its 8 June 2021 meeting that:

1. the draft Unreasonable Conduct Policy and Procedure that was previously considered by Council in February 2020 be amended to include a provision for confidential reporting to councillors any actions taken under the policy every six months or as required via City Notes or in a confidential briefing. 2. the amended policy be placed on public exhibition for 28 days and returned to the July meeting for consideration prior to adoption. 3. an advisory group is established to manage any unreasonable conduct incidents. The advisory group will be made up of the General Manager, Manager People and Safety and two community members

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy 40 and Procedure

Matters Arising This resolution resulted in the draft policy being amended and draft terms of reference for the advisory group being developed. Both documents were then placed on public exhibition as required.

Public consultation The draft Unreasonable Conduct Model Policy and Procedure and the draft terms of reference for the Unreasonable Conduct Advisory Group were placed on public exhibition from 15 June 2021 and submissions were invited for a period of 28 days.

During the display period, Council sought general community feedback through the Your Say Lismore community engagement hub.

Two submissions have been received to date and are attached to this report. Any further submissions received within the display period will be sent as supplementary attachments.

Conclusion That Council adopt the Unreasonable Conduct Model Policy and Procedure.

Attachment/s 1.⇩ Draft Unreasonable Conduct Model Policy and Procedure 2.⇩ Unreasonable Conduct Advisory Group Terms of Reference 3.⇩ Submissions Unreasonable Conduct Model Policy And Procedure

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy 41 and Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 42 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 43 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 44 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 45 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 46 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 47 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 48 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 49 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 50 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 51 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 52 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 53 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 54 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 55 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 56 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 57 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 58 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 59 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 60 Procedure

Draft Unreasonable Conduct Model Policy and Procedure Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 61 Procedure

Unreasonable Conduct Advisory Group Terms of Reference Attachment 2

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 62 Procedure

Submissions Unreasonable Conduct Model Policy And Procedure Attachment 3

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 63 Procedure

Submissions Unreasonable Conduct Model Policy And Procedure Attachment 3

Lismore City Council Meeting held 13 July 2021 - Adoption of Unreasonable Conduct Model Policy and 64 Procedure

Matters Arising Matters Arising

Subject Adoption of Concealed Water Leaks Policy

TRIM Record No BP21/542:EF19/10-03

Prepared by Rating Officer

Reason The Council resolved to develop a policy that reflects the Council’s support to write off part of the water consumption charges incurred during a water leak. Strategic Theme Leadership and participation

Strategy We provide effective management and responsible governance.

Action Ensure the efficient and effective operation of Council.

Executive Summary At its 11 May 2021 Council meeting, Council resolved to endorse the public exhibition of the draft Concealed Water Leaks Policy.

The public exhibition period commenced Wednesday 26 May 2021 for a period of 28 days.

The Council is required to consider all submissions received during the public exhibition prior to adopting the Concealed Water Leaks Policy.

Recommendation That: 1. All submissions be received and noted. 2. The Concealed Water Leaks Policy be adopted.

Background The Council resolved at its 8 December 2020 meeting 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.

This resolution resulted in a draft Policy being prepared for the 11 May 2021 Council meeting and the public exhibition period as mentioned above.

Comments Finance The recommendation as printed is supported.

Lismore City Council Meeting held 13 July 2021 - Adoption of Concealed Water Leaks Policy 65

Matters Arising Public consultation Council placed the draft Concealed Water Leaks Policy on public exhibition from 26 May 2021 and invited submissions for a period of 28 days.

During the display period, Council sought general community feedback through the Your Say Lismore community engagement hub.

In total, 3 submissions were received during the exhibition period. A table summarising the submissions is detailed below:

Attachment Author Name Number 1 Dian Edwards 2 Freya Mosler 3 Tim Hickey

Conclusion That Council adopt the Concealed Water Leaks Policy.

Attachment/s 1.⇩ DRAFT - 1.5.14 - Concealed Water Leaks 2.⇩ All Submissions to Concealed Water Leaks Policy

Lismore City Council Meeting held 13 July 2021 - Adoption of Concealed Water Leaks Policy 66

DRAFT - 1.5.14 - Concealed Water Leaks Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Concealed Water Leaks Policy 67

DRAFT - 1.5.14 - Concealed Water Leaks Attachment 1

Lismore City Council Meeting held 13 July 2021 - Adoption of Concealed Water Leaks Policy 68

All Submissions to Concealed Water Leaks Policy Attachment 2

Lismore City Council Meeting held 13 July 2021 - Adoption of Concealed Water Leaks Policy 69

All Submissions to Concealed Water Leaks Policy Attachment 2

Lismore City Council Meeting held 13 July 2021 - Adoption of Concealed Water Leaks Policy 70

All Submissions to Concealed Water Leaks Policy Attachment 2

Lismore City Council Meeting held 13 July 2021 - Adoption of Concealed Water Leaks Policy 71

All Submissions to Concealed Water Leaks Policy Attachment 2

Lismore City Council Meeting held 13 July 2021 - Adoption of Concealed Water Leaks Policy 72

Reports of the General Manager

Report Report

Subject Investments - June 2021

TRIM Record No BP21/46: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 of 30 June 2021 are estimated to be $93,527,000.

The interest rate reported for June 2021 is estimated to be 0.54% which is above the 90 Day Bank Bill Index of 0.03%. 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 – 31 May 2021 $95,087,000 • Estimated Investments – at Market Value – 30 June 2021 $93,527,000

Investments increased from the time of writing the May report to the end of May by $1.6 million. This was mainly due to the receipt of Roads to Recovery Funding of $685,500, Transport NSW Funding of $756,000 and rates instalments due on 31 May 2021. Investments decreased during June by $1.56 million. Financial Assistance funds were received in advance for 2021/22 of $3.287 million along with Local Road and Community Infrastructure Grant Funds Round 2 of $983,600. This income however was offset by the payment of staff costs and increased payments to creditors close to the end of the financial year.

The current rate of return on investments for June 2021 is estimated to be 0.54% 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 0.03%.

Lismore City Council Meeting held 13 July 2021 - Investments - June 2021 74

Report The estimated interest earned for June 2021 is $41,280. Estimated interest earned to date is $715,657 which is more than the pro rata 2020/21 Budget of $712,900. This is a favourable variance of $2,757. The current investing environment is still complicated with liquidity levels still high for many institutions affecting their ability to take funds.

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:

Maximum Current Divestment Long Term Rating Portfolio Limit Holding Required AAA 100% AA+ to AA- 100% 47% A+ to A 100% 14% A- 40% BBB+ 20% 16% BBB 10% 10% BBB- and below – Local ADIs 5% 3% BBB- and below - other 5% 10% 5% TCorp 100%

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.

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 $12 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.

Lismore City Council Meeting held 13 July 2021 - Investments - June 2021 75

Report Following is a summary of the movement:

As reported for May As reported for June 2021 2021 Type of Investment Value of % of Value of % of Investments Portfolio Investments Portfolio No Investment in Fossil Fuel Industry $47,000,000 51% $47,000,000 51% Investment in Fossil Fuel Industry $46,487,000 49% $46,527,000 49%

The amount held in investments in the Fossil Fuel Industry has increased slightly from the balance reported for May 2021. The balance in the CBA Business Online account is slightly higher than normal at the date of reporting to allow for the payment of creditors and staff costs at the end of the financial year.

The process to invest in TCorp is continuing which will enable funds to be placed in this space in the future.

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 and Local Government (General) Regulations 2005. A new investment policy was adopted in May 2020 moving towards the framework suggested by TCorp to comply with their borrowing requirements. A move towards the new policy is being made, however this is taking longer than originally planned due to the current COVID climate and the high liquidity within financial markets.

Conclusion A report on investments is required to be submitted to Council monthly. As of 30 June 2021, investments total $93,527,000 and the annualised rate of return is estimated at 0.54%.

Attachment/s 1.⇩ Capital Value Movements including name of institution, purchase date and maturity 2.⇩ Estimated interest showing interest rate and estimated interst 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 13 July 2021 - Investments - June 2021 76

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

Lismore City Council Meeting held 13 July 2021 - Investments - June 2021 77

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

Lismore City Council Meeting held 13 July 2021 - Investments - June 2021 78

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

Lismore City Council Meeting held 13 July 2021 - Investments - June 2021 79

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

Lismore City Council Meeting held 13 July 2021 - Investments - June 2021 80

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

Lismore City Council Meeting held 13 July 2021 - Investments - June 2021 81

Investment by Type - Graphical Attachment 4

Lismore City Council Meeting held 13 July 2021 - Investments - June 2021 82

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

Lismore City Council Meeting held 13 July 2021 - Investments - June 2021 83

Report Report

Subject Nimbin Development Review and Response

TRIM Record No BP21/349:EF20/174

Prepared by Strategic Planning Coordinator

Reason To report to Council on community feedback about development issues affecting Nimbin and seek Council approval for amendments to and public exhibition of Lismore Development Control Plan Part B Chapter 6 - Nimbin Village 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 In recent years Nimbin has seen a significant increase in applications and new development activity. This has caused concern among the Nimbin community that increasing development will have a negative impact on the village qualities loved by residents and visitors. The community has also expressed concerns about the cumulative impact on roads, water supply and other infrastructure. These concerns have led to the current review of the planning controls that guide future development in and around the village, in particular the development control plan (DCP) that applies to the Nimbin village. The DCP has been the focus for some of the community concerns in recent years; however, Council was keen to hear community views about all aspects affecting development and growth of the village. In the longer-term Council is committed to undertaking a detailed master planning exercise for Nimbin when resources are available. The review commenced with discussions with the Nimbin Advisory Group and Chamber of Commerce followed by the release of a discussion paper and community survey. The discussion paper provided information about existing planning controls and strategies that apply to Nimbin village and nearby areas, recent numbers of approved development applications, and the key constraints affecting future growth of the village. The aim of the paper was to generate discussion and through the survey obtain feedback on whether planning controls need to be changed to ensure future development is appropriate and in line with community values. The community survey was open from 4 November to 18 December 2020 during which time 111 surveys and 8 written submissions were received. A summary of the survey data is included in this report at Table 1 and provided at Attachment 1. The key issues raised in 8 written submissions are summarised at Table 2 and provided at Attachment 2. Availability of reticulated water supply and limiting the extent of new development were the most significant policy issues raised. A key constraint to new village development is the secure supply of reticulated water to the land within Zone RU5 Village. This report sets out actions Council is taking to address the security of village water supply. The report also recommends removing the future large lot residential growth area in the GMS and LSPS to limit the extent of future new development. Changes are also proposed to the DCP provided at Attachment 3 to address some of the key messages from the survey and written submissions. Other changes are recommended as part of updating and contemporising planning controls, removing superfluous information, and providing greater consistency with more recent DCP Chapters. Changes are outlined in Table 3 of this report and the draft DCP Chapter showing proposed changes with deletions in strikethrough and new text shaded red.

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 84

Report Recommendation That: 1. Council approve the public exhibition of Amendment No. 32 to Part B of the draft Lismore Development Control Plan Chapter 6 – Nimbin Village in accordance with the Environmental Planning and Assessment Regulation 2000 with proposed changes identified in Attachment 3; 2. A report be presented to Council with the outcomes of public exhibition and any proposed changes as a result of submissions received; 3. Council remove the potential large lot residential land in Gungas Road / Tuntable Falls Road in the upcoming review of the Lismore Growth Management Strategy and amend the Local Strategic Planning Statement to exclude the same land from Planning Priority 1; 4. Council review annually the situation with regard to secure yield of the Nimbin Water Supply and the need or otherwise for additional measures to be employed in regard to ensuring future water demand within the village of Nimbin can be met.

Background Nimbin experienced very little development activity from the 1990s to the early 2010s but more recently, Nimbin has seen a significant increase in development applications and activity. Since 2015, Council has approved 129 development applications in and around Nimbin, 50 of which were new dwelling approvals.

The Nimbin community has expressed concern that new developments in and near the village are leading to a loss of the qualities loved by village residents and visitors. The community is also concerned about the cumulative impact on roads and other infrastructure of new development and the high numbers of visitors and tourists to the village.

Review of the Nimbin DCP was identified as a short-term action in the Local Strategic Planning Statement adopted by Council in 2020. Rather than confine the review to the DCP it was felt that any consideration should be given to all planning controls and development issues. Following meetings with the Nimbin Advisory Group and the Chamber of Commerce regarding the preferred process to review the DCP and other controls, staff prepared a discussion paper to accompany a community survey.

The scope of the review was focused on the village as defined by the area in Zone RU5 Village as shown in Figure 1, which also shows the areas zoned for large lot residential development.

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 85

Report

Figure 1: Extent of Zone RU5 Village Zone at Nimbin

Current Planning Controls Local Environmental Plan 2012 The Local Environmental Plan 2012 (LEP) determines the permissibility of development in the village with the RU5 Village zone that applies to all villages in the Lismore LGA providing for a broad and extensive list of permissible activities (e.g. all types of commercial premises, all forms of residential accommodation, light industries, wholesale supplies etc).

Nimbin Development Control Plan Chapter 6 (Part B) of the DCP is specific to Nimbin and provides the guidelines for how development should occur. The most recent and comprehensive update of the Nimbin DCP occurred in 2001. Some sections have become superfluous. The DCP includes: • Precincts that nominate where different types of land uses are preferred - see Figure 2 & Table 1 below. • Development guidelines for each precinct. • Heritage controls for new developments within the Heritage Conservation Area – see Figure 3 below. • Vegetation conservation controls for significant vegetation within the village. • Controls for new subdivisions (largely superseded by Part A Chapter 6). • A beautification plan for Cullen Street and the western carpark (shade trees etc). • Preferred road, pedestrian and cycleway networks.

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 86

Report

Figure 2: Nimbin DCP Precincts

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 87

Report Table 1: Examples of uses/development preferred in each DCP precinct

Existing Residential New Residential Commercial Light Industrial Community • Dwellings/expanded • All types of housing • Commercial • Light industries • Public and dwellings including dwellings, premises such such as food community boarding houses, as offices, production and facilities such • Dual occupancies hostels, seniors shops, small-scale as schools, /secondary housing etc supermarket etc manufacturing etc parks, sporting dwellings • BB and other small- facilities etc scale tourist • Restaurants • Wholesale • Home occupations facilities such as and cafes supplies backpackers • Bed & Breakfast • Home occupations • Medical centres • Vehicle repair & home industries stations or • Craft studios/art bodyworks • Places of public galleries worship

• Commercial uses like neighbourhood shops or services that don’t duplicate current services

Figure 3: Nimbin Heritage Conservation Area

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 88

Report Approved Development Housing Since 2010 several significant subdivisions that are residential or include residential have been approved. Since 2015 50 new dwellings (village, rural and large lot residential) have been approved, 34 in the village. Figure 4 below shows: (1) 4 Blue Knob Road - 33 Large lot residential subdivision (note this development is not able to connect to reticulated water supply); (2) 47 Sibley Street - 23 lot residential subdivision with approval for a supermarket & specialty shops; (3) Alternative Way estate - 90 lots in 9 stages. There are currently 33 residential lots with about half of these containing constructed dwellings. In addition, 20 large lots have been approved in the northern part of the R5 zoned area in Gungas Road / Evelyn Way.

Figure 4: Approved housing in and adjacent to Nimbin village

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 89

Report Commercial Commercial development approved includes: • Mixed use development at the former Museum site at 60A & 62 Cullen Street. • Redevelopment of the Rainbow Café adjoining the Museum site comprising a 50-seat café, small dwelling & surrounding gardens. • The ‘Cubes’ at 80 Cullen Street comprising a visitor accommodation centre with 24 rooms was approved in 2016. • Supermarket, specialty shops and carparking at 47 Sibley Street. This was approved in 2010 with the commercial component comprising the first stage. The 23 residential lots referenced in the preceding section of this report are proposed in a later stage.

Current Potential New Development Figure 5 below shows land zoned village, currently undeveloped and nominated in the current DCP as ‘new residential’. Figure 6 shows the area nominated in the Growth Management Strategy (GMS) as having potential for future large lot residential development. This land is just to the north of the R5 zoned area in Gungas Road. There has been no detailed assessment of the number of dwellings these areas could accommodate.

Figure 5: Undeveloped village zoned land

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 90

Report

Figure 6: Potential future large lot residential land

Discussion Paper and Community Consultation The discussion paper and an online community survey were released in November 2020 to generate discussion with the Nimbin community and receive feedback on the types of growth and development that are supported. The Discussion Paper also sought feedback on whether planning controls need to be changed to ensure future development is appropriate and in line with community values. A copy of the Discussion Paper is provided as Attachment 4 of this report.

Subscribers to Council’s ‘Your Say Lismore’ website were notified about the Nimbin Development Control Survey and invited to participate from 4 November to 18 December 2020. It was also advertised in the Nimbin Good Times and on local Nimbin social media. The survey asked respondents a range of questions regarding Nimbin’s planning controls to guide future growth and development in and around the village. The responses have assisted staff in developing appropriate and contemporary planning controls.

111 surveys were submitted on-line, and 8 written submissions were received. A summary of the survey data is included at Table 1 and provided at Attachment 1. The key issues raised in written submissions are outlined at Table 2 and provided at Attachment 2.

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 91

Report Table 1: Summary of key themes from community survey Survey responses – main themes Staff recommendation Environment • The village specific DCP includes controls aimed at • Protecting the environment and the protecting the environment, including significant trees. Other streetscape received the highest response chapters in the DCP, such as Chapter 14 (Vegetation rate. Protection) also contain pertinent controls. • The SRV collected by Council is used for various projects including maintaining and improving the Cullen Street streetscape. • The current DCP contains a Beautification Plan for Nimbin showing streetscape, tree plantings and landscaping works on Cullen and Sibley Streets as well as a section that outlines specific beautification works. This plan has been updated and included in the revised draft DCP. Heritage • The current heritage planning controls in the LEP and DCP • Murals and street trees are the most valued provide good protection for Nimbin’s built heritage. heritage and village features Therefore, no changes are proposed to be made to the • Strong and unequivocal support expressed heritage planning controls contained in the current DCP. for having robust heritage controls that • There are also no changes proposed to the LEP Clause 5.10 should be strictly followed. ‘Heritage Conservation’ that applies to all Heritage Conservation Areas. Precincts • The Light Industry precinct is located on the north eastern • Strong support for commercial and edge of the village. industrial development to be located • It is recommended that the precinct map is amended to outside the village. reflect DA’s that have been approved for mixed use (the • Strong support for retaining precincts in the Supermarket site) and the approved Alternative Way DCP. residential subdivision (change from new residential). There • Equal rates of agreement and are also simple precinct name changes proposed. disagreement (27) for Council having • The most significant change recommended to the precinct flexibility to vary the type of development map in terms of policy is to the two undeveloped areas south allowed in precincts in DCP. of Cecil Street that are within Zone RU5 to acknowledge the constraints with the reticulated water supply. It is proposed that ‘New Residential’ is amended to ‘Investigation areas’ with supporting words and performance criteria requiring new development to provide for on-site water supply if reticulated water is not available. See Figure 7 below. • Council has the option to approve a ‘non-preferred’ land use in a precinct if the applicant can demonstrate that there is no suitable land available within the preferred precinct. Future growth • The only new area of potential large lot residential is the • High rate of disapproval for expanding area nominated in the Growth Management Strategy (GMS) large lot residential outside village. along Gungas Road (see Figure 6 above). In response to • Most important issue around residential the community’s concerns and the cumulative impact on growth is protecting biodiversity / wildlife infrastructure, especially roads, it is recommended that this corridors environment and existing rural area is removed from the GMS when updated in the coming nature of landscape and ensuring roads financial year. A Council resolution on this is recommended and bridges are adequate. now (rather than defer to the GMS review) to respond to the strong community concerns about the spread of development and provide certainty to the community. The Local Strategic Planning Statement will also need to be amended to exclude this land from Planning Priority 1. Residential development • Due to constraints on the reticulated water supply to the • Equal numbers of respondents agreed and village, it is recommended that the vacant land south of Cecil disagreed about new residential land Street within Zone RU5 is designated as ‘Investigation Area’ release being allowed in the village zone. rather than ‘new residential’. Refer to Figure 7 below. • Small village atmosphere was highest • For development within the proposed new ‘Investigation response to what is important when area’, the draft DCP contains Performance Criteria that new considering residential expansion, followed development will need to address. One of the criteria is for by walkways / cycleways and open space. areas where no reticulated water supply is available, suitable on-site water supply (rainwater tanks) for potable water will be required.

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 92

Report Survey responses – main themes Staff recommendation • High rate of approval for mixed use • It is proposed that the precinct map include a Live / Work development (ie. commercial and precinct where a combination of commercial and residential residential). development will be encouraged. The draft DCP contains a new section on the Live / Work precinct with corresponding Performance Criteria and Acceptable Solutions to ensure that new development is of high-quality design and appropriate visual privacy and open space are provided for residential development.

Following the release of the Discussion paper and community survey, Council received 8 written submissions. These are summarised in Table 2 below and copies are provided at Attachment 2.

Table 2: Summary of key issues raised in written submissions

Key issues Staff response Commercial Development • The precinct map in the current DCP does indicate the • Commercial element of village has been split ‘Light Industry’ precinct in the location where the in 2 with the approval of the supermarket, Supermarket development site was approved. The shops and associated housing in an area recommended new precinct map in the draft DCP now designated for light industrial. How to marry shows this area as ‘Mixed Use’. the 2 areas so they don’t compete but benefit • The designation of a precinct does not prohibit uses that each other needs addressing. are not ‘preferred’. The zoning of the land in RU5 Village still allows for applications for a broad range of commercial, residential, developments regardless of the precinct. Traffic / parking / Rainbow Road Trail • Impact of supermarket development on traffic • The development application for the supermarket flows and residential streets. addressed the impact of increased traffic generation on local streets. • Pedestrian / cycleway routes around village • The ‘previous’ plan referred to is Map 6 in the existing and relationship to Rainbow road – where DCP ‘Existing and Preferred Road, Cycleway & Footpath does previous plan stand now? Network for Nimbin’. This Plan is proposed to be removed as it is dated and does not reflect community intentions • Car parking strategy recommendations should regarding the Rainbow Road Trail. Council’s 2021/22 be built into DCP. budget includes funds for a new Pedestrian and Cycleway

Strategy that will include the Nimbin village. • An indicative route of the Rainbow Road walking trail is shown on the recommended new precinct map in the draft DCP Chapter. This route is based on the grant application submitted for the walking trail. • The short-term actions in the car parking strategy have been implemented by Council’s assets team. Longer term actions related to the western car park and relocation of parking for buses require funding to proceed. • There would be no value in replicating the Nimbin Parking Strategy in the draft DCP as its implementation is outside the scope of the DCP. Ecologically sustainable development • Lismore DCP Chapter 1 – Residential Development • What does this mean in terms of housing contains elements of sustainable design for residential design? development that must be addressed in each development application. Examples include passive solar design, and energy and water efficiency measures. Developer contributions • How is new development meeting the needs it • The funds that Council collects through the section 94 generates given impact on existing (now s7.11) Contributions Plan when a new development infrastructure and failure to contribute to is approved are spent on upgrades to community facilities, community services and facilities? cycleways, open space and recreation facilities, • Where do s.94 funds go? stormwater infrastructure and traffic and transport management facilities. These are specified in the

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 93

Report Key issues Staff response contributions plan. • There is currently no specific contribution plan that would allocate funds specifically to Nimbin or any village. • Clarity needed around dual occupancy and its • A critical part of the assessment of any development is an impacts on sewer, water, roads. analysis of whether essential services and infrastructure (water, sewer, power, road access) are available or can be made available (through upgrades) to appropriately service the development. Heritage • Heritage planning controls (in an LEP and DCP) do not • LCC seems to ignore the DCP by approving necessarily prevent the approval of contemporary non-heritage developments ie. The Cubes architectural designs. In general terms, a proponent needs to demonstrate that the new development does not adversely impact the heritage significance of a conservation area. Residential development • The failure of intentional communities to attract investors • Tendency to allow ‘cookie-cutter’ suburbs of as a lifestyle choice is outside the scope of this DCP separate private residential lots is a concern, review, however, this situation may in part have should never have become the norm in contributed to the increasing demand for residential Nimbin. Evidence of failure of intentional development in the new subdivisions outside the Nimbin communities to attract investors as a lifestyle village. choice. Water Supply • New rural residential housing is required to provide a Community members and groups (Nimbin minimum of 45,000 litres rainwater storage, exclusive of Advisory Group, Chamber of Commerce, water required for bushfire protection. This storage is Community Centre Inc and Environment Centre considered to provide around 90% water security. It is (NEC) have raised strong concerns about therefore not considered necessary to put a moratorium of Nimbin’s water supply. The concerns are briefly new rural or rural residential dwellings. summarised as: • The recommendation elsewhere in this report to remove • poor water quality in Mulgum creek as a lack the proposed Gungas Road large lot residential area from of environmental flows has led to increased the Growth Management Strategy responds to the siltation, a rise in water temperatures, algal community concerns about the cumulative impact of growth, and de-oxygenation of the water. This increasing development around Nimbin on the has led to more weed growth in the creek and environment, rural character and landscape and roads. has affected every life form that exists or used • Discussion of Council’s response to the rest of these to exist in or adjacent to the creek. The license issues is provided in the next section of this report. conditions appear to be severely outdated and no longer sufficient to take account of emerging water security issues. • insufficient water to support current usage levels much less guarantee environmental flows to prevent further degradation and allow for the continuing survival of our native aquatic species. The weir has been in serious trouble by December in both 2019 and 2020, despite much higher rainfalls in 2020. The ‘secure yield’ Council staff refer to no longer be relied upon as the premise for Nimbin’s future development plans. • large numbers of rural residents who rely heavily on pumping directly from local creeks and springs for domestic water purposes. There are significant numbers who pump into small header tanks on a regular basis, and who catch very minimal water from roofs etc. and indeed some do not even have any guttering or roof plumbing let alone storage tanks. This practice is longstanding and established at a time when the population and therefore demand was lower, and climate change was not on the agenda. • The community organisations referred to

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 94

Report Key issues Staff response above believe there is no viable prospect for growth in RU5 village zone and rural areas until issues raised about water are managed properly. The groups consider that Council needs to: ➢ explore possibilities of dual reticulation ➢ incentivise village residents to install composting toilets where possible ➢ halt the use of the Cecil Street water filling station for private water tankers ➢ review the DCP and GMS and amend to reflect water security issues ➢ review existing approved development and encourage developers to take measures to ensure water security. ➢ Impose an urgent moratorium on all new developments in Nimbin, especially larger rural developments until a comprehensive review of water security is undertaken. ➢ Incentivise water conservation strategies such as replacing flush toilets with composting units, increase water harvesting, introduce a tiered water pricing system. Live/Work precinct • Zone RU5 Village currently allows a broad range of • Tareeda Pty Ltd request that Council consider residential and commercial developments including ‘Shop including a live/work employment hub in the Top Housing’ so no change to the zoning will be required DCP for their land at 49 Alternative Way. to facilitate a Live / Work precinct as requested in this • Tareeda has received queries for this form of submission. development given existing industrial and • There appears to be community support for this form of commercial land in Nimbin has not been development, and it is recommended that the Precinct developed resulting in limited accessibility for map in the DCP include a Live / Work precinct at 49 contemporary business activity floor space. Alternative Way as requested in this submission. • This different residential housing model would • Planning controls specific to the Live / Work precinct are also provide improved financial accessibility. recommended in the draft DCP Chapter attached to this • This proposal is not proposed to impact the report. function of the Nimbin village centre because it aims to generate opportunities for businesses unable to locate in the village centre or the current commercial/industrial precincts. • Successful example of live/work concept in Byron Bay. • The submission offers examples of some design controls to address residential amenity, building form, parking and configuration of work areas. 36 Sibley Street, Nimbin • Site specific submission received expressing • 36 Sibley Street is within Zone RU5 Village and a ‘light concern that 36 Sibley Street, Nimbin had industrial’ development has been approved on the land so been omitted from the proposed industrial is recommended to be included in the ‘Light Industry’ precinct in the Discussion Paper. precinct in the draft DCP precinct map. The omission of • The current DCP Chapter does not include this land in the precinct map was an oversight. this land in the ‘Light Industry’ precinct in Map • Issues connected to historic development consents are 3 ‘Nimbin Village precincts’. The same map outside the scope of this review. was used in the Discussion paper that was placed on public exhibition for comment. • This land is within Zone RU5 Village. • Issues raised about the development approvals DA90/700 and BA91/415.

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 95

Report

Provision of Water Water supply Nimbin’s water supply is comprised of a weir on Mulgum Creek which supplies water to an off-stream storage located near the village (DE Williams Dam). Water from the dam is then provided to customers within the village. There are also a large number of rural customers currently connected to a pipeline connecting the weir to the dam.

Significant issues relating to the operation of the Nimbin water supply are: a) ensuring security of supply b) difficulties in guaranteeing effective disinfection of water provided to rural customers. c) water quality issues within the village water supply and related operational constraints.

Water security ‘Water security’ is achieved when the ‘secure yield’ of the water supply is sufficient to meet total water demand, (total of metered consumption + ‘non-revenue water’), placed on the water supply. ‘Secure yield’ is a figure calculated using methodology issued by NSW Office of Water, which was first developed in 1986 and last reviewed in 2010. Measurement of ‘secure yield’ is inherently very conservative and indicates the water demand able to be met with moderate restrictions during a significantly more severe drought than the worst drought on record. (measured in ML/annum). This is akin to ensuring water supply in a ‘1 in a 1,000’ year drought.

An assessment of secure yield and future demand for Nimbin shows that: • Secure yield is available for existing properties connected to the water supply. • Based on the secure yield calculation methodology, there is sufficient reserve capacity within the water supply to provide for approx. an additional 45 ‘equivalent tenements’ or ET. An ET corresponds to the water demand from a typical detached single dwelling. The use of ‘equivalent tenements provides a means of measuring water demand from different forms of development using a common unit of measure. • At this stage, commercial and residential developments that have been granted development consent may lead to an additional load of approx. 125 ET being placed on the water supply. This figure assumes 40% of new residential lots would have dual occupancies. If no dual occupancies were to be permitted, the figure reduces to approx. 96 ET. • Based on secure yield calculations, there is insufficient capacity in the water supply to match demand from all currently approved development. • Rates of growth / development will determine if and when demand exceeds secure yield.

As indicated by the submission in response to the DCP review, residents are concerned about water supply. The drought in 2019 also brought water security into focus for Nimbin as the weir in Mulgum Creek stopped overflowing.

Investigations into increasing the capacity of the Nimbin water supply Investigations are currently being undertaken into means by which the secure yield of the Nimbin water supply could be increased. This could be achieved either through identifying an additional water source or increasing storage within the water supply system.

At this stage, the focus of these investigations is to determine if an existing groundwater bore, located on Council property at the caravan and swimming pool site, can provide additional secure yield to service additional demand arising from projected growth. Preliminary flow tests undertaken from this bore have been positive and further tests are now being organised.

In the event that the existing bore is not viable and/or does not provide sufficient increase in secure yield; it will be necessary to investigate the viability and cost of alternative water sources or increases in storage within the water supply.

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 96

Report

Alternative water sources that would require investigation would be:

a) ground water (other than the existing bore). b) water reuse. c) connection of the Nimbin water supply to Council’s existing Dunoon water supply.

Possible means for increasing storage within the water supply could include:

d) Increasing the size of the DE Williams Dam. e) duplication of the existing DE Williams Dam at a location close to the existing dam. f) construction of a new off-stream storage at a different location.

Environmental Flows Apart from concerns about water security, another point of concern with the existing water supply is the impact that extraction of water at the weir on Mulgum Creek has on environmental flows downstream of the weir. In the event that viable additional water sources could be identified through the investigations referred to above; this may result in less reliance on extraction at the weir and may allow extraction rates to be reduced. If this is the case, the weir would spill more often and environmental flows downstream of the weir could be increased.

The construction of the new Nimbin Water Treatment Plant will improve the efficiency of the water supply network in Nimbin. This will mean that less water will need to be extracted from the weir to supply the town and that water will remain available for environmental flows. For example, there will be no need for regular flushing of the supply main from the weir to DE Williams Dam after rainfall to remove turbid water from the system. This is currently a regular activity, especially during the wet months of the year.

Drought Management The drought management plan for the Nimbin water supply is also due for review and needs to be updated to take account of the following issues:

• Secure yield issues as identified in this report – there may need to be a more conservative approach taken to the triggers whereby restrictions are implemented. • Whether bulk water supply points continue to be made available from the Nimbin water supply network. If so, what are the triggers for this access to be withdrawn during drought periods. • Alternate water supply options if required – the results of testing of the bore as outlined earlier in the report need to be included.

Options – New Development Whilst the secure yield calculation shows a potential shortfall between available yield from Mulgum Creek and the demand from all approved lots within the Nimbin Water Supply area, there remains a reasonable number of ET still available for lots that are progressively developed with construction of dwellings.

As such, a moratorium is not recommended at this stage. The rate at which development proceeds will determine if and when there may be a need to review this situation based on the theoretical secure yield calculation and an annual review is considered appropriate.

New development consents for any type of residential development on land within Zone RU5 – Village in Nimbin will include a condition that a minimum 45,000 litre on-site water supply will be required. This option would not constitute a ‘moratorium’ on development as it would mean development could be granted on the condition that a water supply be guaranteed that is independent from the existing reticulated supply.

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 97

Report It is recommended that the draft DCP include statements that limit access to reticulated water to single dwellings in the ‘residential areas’ where subdivision approval has already been obtained. In the ‘investigation areas’ all new development will be required to provide water from rainwater tanks, which will limit the scale and type of development that can be approved.

Council could also amend the LEP Land Use Table for Zone RU5 - Village to restrict residential development to (say) only permit dwelling houses and prohibit the multitude of residential development types that fall under the LEP definition of ‘residential accommodation’, as listed below. This amendment would impact the residential development potential of all land within Zone RU5 Village in the Lismore LGA, by including Clunes, Caniaba, Wyrallah, North Woodburn, Bexhill, the Channon, Dunoon. This would require an amendment to the LEP which can take around 12 months or longer to complete but could be included as part of the list of ‘house-keeping’ amendments that occur on a periodic basis when required.

Proposed Changes to Planning Controls Part B Chapter 6 – Nimbin Village Changes recommended to Chapter 6 of Part B of the DCP are included in the draft Chapter provided at Attachment 3 of this report. The text proposed to be deleted is shown in strikethrough and new text is shaded red. It should be noted that many of the changes involve contemporising planning controls, removing superfluous information and introducing greater consistency with other more recent Council adopted DCP Chapters.

Table 3: Proposed changes to Draft DCP Part B Chapter 6 – Nimbin Village Proposed change Rationale Insert Table of Contents This structure is consistent with the most recent DCP Chapters. Modify text under heading 1 Nimbin Village and This description of the village is superfluous. remove reference to the natural landscape catchment Map 2 that is being deleted. This text gives an updated context to the most recent trends and constraints affecting Nimbin’s future growth, including An updated description has been inserted. limited reticulated water supply. Delete Map 1 – Land to which this Chapter This map shows the extent of the land within Zone RU5 applies (p.3) Village and flood prone areas. The village zoned area will be shown on a new Figure 1. A more recent flood map will be introduced based on the most recent flood hazard mapping. Delete Map 2 – The Nimbin Natural Landscape This map shows the ‘visual catchment’ and duplicates the Catchment (p.4) flood prone land map. This map serves no purpose. Insert new Figure 1 showing the extent of Zone This map replaces and updates the previous Map 1 on p.3. RU5 Village to which the DCP applies (p.5) 1.2 Objectives of this Chapter are updated, and To reduce the number of superfluous objectives and include an objective included to ensure that infrastructure, reference to limits on reticulated water. including reticulated water, is available when new development is approved. New heading 1.3 ‘Relationship to other plans To ensure consistency with other more recent DCP Chapters introduced’ 2.Village Precincts – new text added New section added about how a DA for a ‘non-preferred’ land use will be considered.

This text refers to the new ‘Investigation area’ shown in Figure 7 below. Map 3 – Nimbin village Precinct map deleted This map will be replaced with Figure 7 below. Insert new Figure 2 ‘Nimbin Village Precincts’ This map has been updated to: • Include a Live/work precinct (in response to submission) • Include 36 Sibley St as Light Industrial (in response to submission) • Rename the Alternative Way Residential Estate to ‘residential’ due to DA approval

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 98

Report Proposed change Rationale • Rename the Supermarket site from ‘New residential’ to ‘mixed use’ due to DA approval • Change the description of 2 areas of ‘New Residential’ from south of Cecil St and rename these areas as ‘Investigation area’. • Remove out of date inundation mapping layer Text deleted under 6.2 Village Precincts This text relates to the previous residential precincts and precinct map and is now out of date. 2.1 Existing Residential Precinct New text included for Performance Criteria and Design guidelines for types of development that are encouraged and discouraged. 2.2 Deletion of ‘New residential village precinct’ The objectives are updated with more succinct language and and its objectives and replace with ‘Investigation to reflect limitations on the supply of potable water. The land area’ with new Objectives and Performance uses ‘multi dwelling housing’ and ‘residential flat buildings’ Criteria are deleted due to constraints associated with water supply and potential inconsistency with low density small village character of Nimbin. Insert new 2.3 Live / Work Precinct with new To ensure new mixed-use development in this precinct is of Objectives, performance Criteria and Acceptable a high-quality design and provides adequate open space and Solutions visual privacy for the residential development component. Deletion of ‘Development of the Precinct Areas – This requirement for a masterplan is out of date. Masterplan’ Text removed under following headings: Requirements for weed control are generally incorporated as • Introduced Environmental Weeds part of a Vegetation Management Plan as a condition of a DA. This section is not required. • Vegetation management plans This is included in Part A, DCP Chapter 6 – Village, Large Lot and Rural subdivision. • Rehabilitation of Natural Drainage Drainage and stormwater requirements are included in Part Systems A, DCP Chapter 6 – Village, Large Lot and Rural subdivision.

• Energy Conservation and Subdivision This is included in Part A, DCP Chapter 6 – Village, Large Lot and Rural subdivision. • Lot Orientation and widths to maximise This is included in Part A, DCP Chapter 6 – Village, Large solar access Lot and Rural subdivision.

• Adjusting Lot width to Recognise slope of This is included in Part A, DCP Chapter 6 – Village, Large the Land Lot and Rural subdivision. 2.5 Light Industrial Village Precincts Cross reference made to DCP Chapter 3 (Industrial Development) New section inserted for General provisions This section introduces new flood planning controls that are 3.1 Flood affected areas and natural watercourses commensurate with each flood hazard category as per the Lismore Rural Flood Mapping report prepared by BMT in 2013. New Figure 3 showing extent of flood hazard Figure 3 shows the flood hazard category mapping based on categories in Zone RU5 village area the Lismore Rural Flood Mapping report prepared by BMT in 2013. Delete Map 5 “Significant vegetation and Natural This map is out of date. Drainage Systems in Nimbin’ 3.3 Protection of Significant Vegetation Table 1 ‘Significant Vegetation’ in this section has been ground truthed and updated. Delete 6.3.1 Heritage management This section replicates the information in Lismore LEP Clause 5.10 ‘Heritage Conservation’. Delete 6.3.2 Environmental Hazards and Buffer This section replicates planning controls contained in DCP Areas Chapter 11 – Buffer areas and flood controls in new section 3.1 of this DCP Chapter. Delete 6.3.3 Provision of Village infrastructure This section replicates planning controls contained in DCP Chapter 6 - Village, Large Lot and Rural subdivision New heading 3.4 Beautification works Information updated Delete Map 7 This map is blurry and difficult to read. ‘Cullen Street Beautification, Streetscape and

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 99

Report Proposed change Rationale Landscape works’ Insert new Figure 4 - Beautification Plan This conceptual Plan has been updated by a Graphic designer. Remove Schedule 1 – Checklist The checklist is out of date as it refers to the contents of the existing Chapter and is inconsistent with the most recent DCP requirements.

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 100

Report

Figure 7: Proposed Precinct Map

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 101

Report

Growth Management Strategy and Local Strategic Planning Statement The Growth Management Strategy (GMS) did not nominate any expansion of village zoned land due to the availability of zoned land and infrastructure (largely reticulated water supply) and physical constraints. However, it nominated two (2) areas adjacent or close to Nimbin as being potentially suited to rural residential housing partly because this form of housing does not require connection to reticulated water or sewer. One of these areas in Blue Knob Road just to the north of the village has since been rezoned to R5 Large Lot Residential and an application for a 33-lot subdivision has been approved (this is more than double the number of lots anticipated by the GMS). The other area is at 20 Gungas Road / 200 Tuntable Falls Road.

In and close to Nimbin there is currently subdivision approval for 133 village and rural residential lots. This is a substantial stock of land to meet population growth. In light of this and in response to the community’s concerns about the impact of expanding areas of development on village and rural character, the environment and infrastructure, especially roads, it is recommended that the land in Gungas Road / Tuntable Falls Road is removed from the GMS when it is updated in the coming financial year. This will also require an amendment to the Local Strategic Planning Statement to exclude the same land from Planning Priority 1.

Comments Finance Not required.

Other staff comments Manager Assets As outlined in the report, there is a gap between the number of lots that have been approved within Nimbin and the number that can be supplied with water based on a secure yield calculation. Approximately 45 ET remain available to service 95ET within existing approvals (assuming no dual occupancy). Some of these existing approvals date back to 2010 that have not proceeded to date, and there is always a certain percentage of approved developments that never proceed.

There are several viable options to provide additional water into the Nimbin water supply network and these require further investigation.

An annual review is regarded as the best way forward to monitor the situation. This will allow the speed of development in Nimbin to be monitored and the investigation of the alternate water sources to be progressed and evaluated as part of the annual review.

Public consultation This report and its recommendations have been informed by community feedback during 2020. It is proposed that the next stage in consultation with the Nimbin community is to publicly exhibit the revised draft Chapter 6 of Part B of the Development Control Plan attached to this report. Public exhibition will be for a minimum of 28 days.

Conclusion Consultation has occurred with the Nimbin community regarding development and growth of the village and nearby areas along with relevant planning controls, in particular DCP Part B Chapter 6 – Nimbin Village. This has included consultation with the Nimbin Advisory Group and Chamber of Commerce, the release of a Discussion Paper outlining the key issues affecting future growth of the village and the analysis of 111 community survey responses and 8 written submissions.

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 102

Report The most significant policy matters to emerge relate to water supply and ‘over development’. This report sets out how Council is proposing to respond to environmental and quantitative water supply issues for the village. The DCP is also proposed to be amended to make it clear that reticulated water supply may not be available and new development will be required to provide sufficient rainwater tanks to meet household needs. To limit the spread of development and its impacts the report recommends removing the large lot residential area in Gungas Road / Tuntable Falls Road nominated in the Growth Management Strategy.

It is recommended that Council approve the public exhibition of Amendment No. 32 to Part B of the draft Lismore Development Control Plan Chapter 6 – Nimbin Village in accordance with the Environmental Planning and Assessment Regulation 2000.

Attachment/s 1.⇨ Attachment 1 Nimbin Survey Responses report (Over 7 pages) 2.⇨ Attachment 2 Public Submissions (Over 7 pages) 3.⇨ Attachment 3 Draft Nimbin DCP (Over 7 pages) 4.⇨ Attachment 4 Discussion Paper Nimbin Planning Controls Review (Over 7 pages)

Lismore City Council Meeting held 13 July 2021 - Nimbin Development Review and Response 103

Report Report Subject Deferred Matter Rezoning Planning Proposal - Non- Urban TRIM Record No BP21/455:EF17/65-03

Prepared by Senior Strategic Planner

Reason To report to Council regarding the outcomes of public exhibition and consultation with public authorities. To obtain a resolution of Council to submit the planning proposal to the Department of Planning Industry and Environment for the final plan making stages. 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 Council resolved at its ordinary meeting of 14 February 2017 (Resolution 9/17) to apply E zones on Deferred Matter (DM) land only when requested by the landholder and to use Zone RU1 Primary Production on all agricultural land. Resolution 9/17 provided clear direction with which to proceed with the rezoning of DM land in the Lismore Local Government Area. Council have already resolved on the Urban DM rezoning Planning Proposal (Stage 2) and the matter is with the Department of Planning Industry and Environment (DPIE) for finalisation. This report provides an update on the Non-Urban DM rezoning Planning Proposal (Stage 1) post agency consultation and public exhibition. The report also seeks a Council resolution for the proposal to be forwarded to the DPIE for finalisation. The planning proposal involves 209 non-urban DM lots/part lots, two (2) DM areas of road reserve and three (3) undescribed DM areas of Coastal Wetland with a total area of 1,702ha of DM. 183 DM lots/part lots are in private ownership, eleven (11) of which are proposed for an environmental protection zone (E zone) at the request of the landholder. The remainder of the privately owned DM lots/part lots are proposed for Zone RU1. Two (2) disused quarry lots are owned by Council and are proposed for Zone E3. There are ten (10) Crown DM lots/part lots, two (2) part roads reserves and three (3) undescribed areas of coastal wetland with proposed zones including RU1, E3 and E2. Five (5) Rous County Council DM lots/part lots are proposed for Zones SP2 and E3. Three (3) Jali LALC DM lots/part lots are proposed for Zone RU1 and one (1) lot is proposed for Zone E2. Two (2) Ngulingah LALC DM lots/part lots are proposed for Zone RU1. One (1) Bunjum Co-Operative part lot is proposed for Zone RU1. Council consulted with government agencies and organisations in accordance with the Gateway determination. The Biodiversity and Conservation Division (BCD) objected to the Planning Proposal. Counter arguments to the BCD issues are provided herein and these afford support to the exhibited planning proposal. No other issues were raised by agencies or organisations. Twelve (12) public submissions were received during the exhibition period, ten (10) in support and two (2) in objection. A submissions analysis is provided in the report. The planning proposal was presented at the Council Workshop on 1 June 2021. In response to BCD concerns discussed at the workshop it is recommended that the issue of high conservation value vegetation LEP (‘overlay’) mapping is a) not included as part of this planning proposal; and b) discussed at a future Council Workshop. The planning proposal has been prepared in accordance with Council’s resolution 9/17 and is consistent with the North Coast Regional Plan 2036 and the relevant State Environmental Planning Policies. The proposal is also consistent with the relevant Environmental Planning and Assessment Act 1979 (EP&A Act) Section 9.1 Directions by the Minister, or any inconsistencies are justified under the terms of the Directions. It is recommended that Council support: a) the planning proposal as publicly exhibited; b) the submission of the planning proposal to the DPIE to finalise the proposal; and c) a future workshop to discuss a potential ‘stand-alone’ planning proposal involving mapped planning controls for high conservation value vegetation.

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 104 Non-Urban

Report Recommendation That: 1. Council adopt the planning proposal as publicly exhibited and as detailed in Attachment 1. 2. Council submit the draft Local Environmental Plan to the Department of Planning Industry and Environment with a request to finalise the proposal in accordance with section 3.36 of the Environmental Planning and Assessment Act 1979. 3. Council resolve to repeal the Development Control Plan that applies to LEP 2000 when it is no longer required, specifically, after the gazettal of both Stage 1 & 2 Deferred Matter rezoning planning proposals and LEP 2012 applies to all land and waterbodies in the LGA. 4. Council support a future workshop to discuss a potential ‘stand-alone’ planning proposal involving mapped planning controls for high conservation value vegetation.

Background Deferred Matter (DM) landholders were consulted in November 2017 and again in April 2018 in accordance with Council resolution 9/17 of the ordinary meeting of 14 February 2017. The consultation, among other things, provided DM landholders with the opportunity to confirm their DM land primary use and respond to Council regarding an option to propose an environmental protection zone (E zone) for their DM land. The Non-Urban DM rezoning planning proposal was then reported to Council at the ordinary meeting of 14 August 2018. The Council resolution (199/18) follows:

That: 1. Council support the Deferred Matter rezoning planning proposal (stage 1 non-urban) as detailed in Attachment 1 and summarised in this report. 2. The planning proposal as detailed in Attachment 1 is forwarded to the Minister for Planning for a Gateway determination. 3. Council confirms that staff are to proceed to public exhibition of the planning proposal based on the Gateway determination, and report back to Council with any issues as part of post-exhibition reporting of submissions.

A Gateway determination was issued on 10 January 2019. The DPIE issued time extensions to complete the planning proposal on 4 November 2020 and again on 23 April 2021.

Public agency and organisation consultation were undertaken from 21 December 2020 to 15 February 2021. Public exhibition occurred from 31 March 2021 to 5 May 2021. The DPIE confirmed in writing on 20 November 2020 that Council could proceed to agency referral and public exhibition.

Public agency and community submissions were presented at a Councillor briefing on 1 June 2021. The inclusion of an options section in this report is in response to a discussion at the briefing on mapped planning controls for high conservation value vegetation.

The publicly exhibited planning proposal report is located at Attachment 1 and summarised in this report.

Overview of the publicly exhibited planning proposal This planning proposal is Stage 1 of Lismore City Council’s DM LEP 2012 amendment and involves non- urban DM land. The Lismore non-urban DM areas have been divided into 24 sites for the purposes of this planning proposal. This has enabled the production of maps at an appropriate scale that clearly indicate the site and the proposed zone change. Figure 1 illustrates the location of the non-urban DM sites. Individual DM site maps are located at Attachments 2 & 3.

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 105 Non-Urban

Report This proposal requires the amendment of 26 LEP 2012 map sheets and involves the following maps: Acid Sulfate Soils; Drinking Water Catchment; Flood Planning; Heritage; Land Application; Lot Size; Land Zoning; and Potential Rural Landsharing Community Development.

Figure 1 – Stage 1 Non-Urban Deferred Matter Overview Map

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 106 Non-Urban

Report A summary of the exhibited planning proposal is provided in Tables 1 – 24 below.

Note 1. Owner codes: P – private, NLALC – Ngulingah Local Aboriginal Land Council, JLALC – Jali Local Aboriginal Land Council, Rous County Council – RCC, Crown – C, Lismore City Council – LCC, Bunjum - Bunjum Aboriginal Co-operative Ltd. Note 2. Most entries in the “address” column are single allotments. Entries involving more than one allotment are under the same ownership and are generally contiguous. Note 3. DM existing LEP 2000 zones: 1(a) General Rural; 1(b) Agricultural; 1(r) Riverlands; 5 Special Uses; 7(a) Environmental Protection – Natural Vegetation and Wetlands; 7(b) Environmental Protection - Habitat

Table 1 - Site 1 Address Primary Use DM DM DM Vegetation Owner Existing Proposed zone Zone 1035 Blue Knob Environmental 1(a) E2; also RU1 Regenerating rainforest P Road BLUE conservation & to E2 & E3 KNOB management

Table 2 - Site 2 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 414 Nightcap Agriculture / plant 1(a) RU1 Subtropical rainforest & Brush P Range Road propagation Box forest DORROUGHBY 416 Nightcap Hobby farm & 1(a) RU1 Subtropical rainforest & P Range Road tourism Blackbutt / Tallowwood / Brush WHIAN WHIAN Box forest

Table 3 - Site 3 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 143 Rocky Creek Agriculture – 1(b) RU1 Subtropical rainforest P Dam Road grazing & DUNOON horticulture 131 Nightcap Dam catchment 1(a) E3 Blackbutt / Tallowwood forest RCC Range Road & Subtropical rainforest DORROUGHBY 186 Rocky Creek Dam 1(a) SP2 & E3; Flooded Gum / Tallowwood RCC Dam Road infrastructure & also RU1 to forest DUNOON catchment SP2 Subtropical rainforest 228 Rocky Creek Dam 1(b) SP2 Subtropical rainforest RCC Dam Road infrastructure DUNOON 229 Rocky Creek Dam 1(b) & 5 SP2 & E3; Subtropical rainforest RCC Dam Road infrastructure & also RU1 to DUNOON catchment E3 229A Rocky Dam 1(b) SP2 & E3 Subtropical rainforest RCC Creek Dam Road infrastructure & DUNOON catchment 182 Rocky Creek Agriculture - 1(a) & RU1 Subtropical rainforest P Dam Road grazing 1(b) DUNOON 108 Nightcap Environmental 1(a) E3 Tallowwood / Brush Box / Pink P Range Road Management Bloodwood / Turpentine forest DORROUGHBY

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 107 Non-Urban

Report Table 4 - Site 4 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 67 Minyon Falls Hobby farm 1(a) RU1 Camphor Laurel forest & P Road Blackbutt / Tallowwood / Brush REPENTANCE Box / White Mahogany forest CREEK 27 Minyon Falls Hobby farm 1(a) RU1 Blackbutt / Tallowwood / Brush P Road Box forest & Subtropical REPENTANCE rainforest CREEK 25 Minyon Falls Hobby farm 1(a) RU1 Subtropical rainforest & P Road Blackbutt / Tallowwood forest REPENTANCE CREEK 114 Maso Road Multiple 1(a) RU1 Subtropical rainforest & Brush P REPENTANCE occupancy & Box forest CREEK hobby farm 151 Maso Road Environmental 1(a) E3 & RU1 Tallowwood / Brush Box / Pink P REPENTANCE management & Bloodwood / Blackbutt / CREEK rural residential Turpentine and Forest Oak forest, Subtropical rainforest & Camphor Laurel 252 Fox Road Hobby farm 1(a) RU1 Camphor Laurel, Blackbutt / P ROSEBANK Tallowwood / Brush Box forest & Subtropical rainforest 253 Fox Road Hobby farm 1(a) RU1 Subtropical rainforest and P ROSEBANK Blackbutt / Tallowwood forest 234 Fox Road Environmental 1(a) E3 Blackbutt / Tallowwood forest LCC ROSEBANK management 198 Fox Road Hobby farm 1(a) RU1 Blackbutt / Tallowwood / Brush P ROSEBANK Box forest 93 Maso Road Environmental 1(a) E3 & RU1 Brush Box / Pink Bloodwood / P REPENTANCE management & Blackbutt / Turpentine and CREEK hobby farm Forest Oak forest, Subtropical rainforest & Camphor Laurel 76 Maso Road Environmental 1(a) E3 & RU1 Flooded Gum / Blackbutt forest P REPENTANCE management & CREEK hobby farm 35 Maso Road Rural residential 1(a) RU1 Landscape plantings & P ROSEBANK Subtropic rainforest 19 Maso Road Hobby farm 1(a) RU1 Blackbutt / Tallowwood / Brush P ROSEBANK Box forest 188 Fox Road Hobby farm 1(a) RU1 Blackbutt / Tallowwood forest P ROSEBANK and Landscape plantings and lawn 207 Fox Road Rural residential 1(a) RU1 Landscape plantings / lawn P ROSEBANK and Blackbutt / Tallowwood forest 185 Fox Road Hobby farm 1(a) RU1 Blackbutt / Tallowwood forest P ROSEBANK 211 Fox Road Agriculture - 1(a) RU1 Pasture and Blackbutt / P ROSEBANK grazing Tallowwood forest 27 Baldwins Road Hobby farm 1(a) RU1 Subtropical rainforest and P ROSEBANK Blackbutt / Tallowwood forest 82 Coopers Creek Hobby farm 1(a) RU1 Small area of Eucalypt forest P Road REPENTANCE CREEK

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 108 Non-Urban

Report Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 10 Coopers Creek Agriculture - 1(a) RU1 Camphor Laurel forest P Road grazing REPENTANCE CREEK 251 Repentance Agriculture - 1(a) RU1 Camphor Laurel forest, Brush P Creek Road grazing Box forest and Subtropical REPENTANCE rainforest CREEK 158 Fox Road Hobby farm 1(a) RU1 Brush Box forest P ROSEBANK 166 Fox Road Rural residential 1(a) RU1 Blackbutt / Tallowwood forest P ROSEBANK & powerline Herbaceous weeds / grasses 177 Fox Road Rural residential 1(a) RU1 Blackbutt / Tallowwood forest P ROSEBANK & hobby farm Landscape species and lawns 81 Fox Road Rural residential 1(a) RU1 Brush Box forest, Subtropical P ROSEBANK & hobby farm rainforest & Blackbutt / Tallowwood forest 146 Fox Road Hobby farm 1(a) RU1 Camphor Laurel forest, P ROSEBANK Blackbutt / Tallowwood forest & Brush Box forest 191 Repentance Agriculture - 1(a) RU1 Small area of Eucalypt forest P Creek Road horticulture ROSEBANK 144A Fox Road Hobby farm 1(a) RU1 Small area of Eucalypt forest P ROSEBANK 80 Fox Road Agriculture - 1(a) RU1 Camphor Laurel forest P ROSEBANK grazing 165 Fox Road Rural residential 1(a) E3 & RU1 Blackbutt / Brush Box forest P ROSEBANK & Environmental Management 103 Fox Road Hobby farm 1(a) RU1 Blackbutt / Tallowwood forest P ROSEBANK 26 Fox Road Rural residential 1(a) RU1 Camphor Laurel P ROSEBANK

Table 5 - Site 5 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 387 Ridgewood Environmental 1(a) E2 Also RU1 Subtropical rainforest & P Road ROSEBANK conservation to E3 Grass area

Table 6 - Site 6 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 2 Hull Road Agriculture – 1(a) RU1 Subtropical rainforest P ROSEBANK grazing

Table 7 - Site 7 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 67 Gray Road Environmental 7(a) E2 Subtropical rainforest P ELTHAM conservation 43 Gray Road Agriculture – 7(a) RU1 Subtropical rainforest P ELTHAM grazing 44 Gray Road Agriculture – 7(a) RU1 Subtropical rainforest P

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 109 Non-Urban

Report Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone ELTHAM grazing 645 Eltham Road Agriculture – 7(a) RU1 Subtropical rainforest P ELTHAM grazing 892 Boatharbour Agriculture – 7(a) RU1 Subtropical rainforest P Road ELTHAM grazing

Table 8 - Site 8 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 76 Lindendale Agriculture & 7(a) & 1(b) RU1 Camphor Laurel forest, P Road bushland Subtropical rainforest & LINDENDALE Forest Red Gum / Tallowwood forest 1389 Bruxner Agriculture – 7(a) & 1(b) RU1 Small area of Camphor Laurel P Highway horticulture forest LINDENDALE 100A Lindendale Agriculture - 7(a) & 1(b) RU1 Subtropical rainforest P Road horticulture LINDENDALE

Table 9 - Site 9 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 147 Spring Grove Agriculture – 1(r) RU1 Riparian rainforest P Road CANIABA cropping 111 Spring Grove Agriculture – 1(r) RU1 Riparian rainforest P Road CANIABA cropping 1006A Caniaba Agriculture – 1(r) RU1 Riparian rainforest P Road CANIABA grazing

Table 10 - Site 10 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 678 Tregeagle Agriculture – 1(a) RU1 Camphor Laurel forest P Road horticulture TREGEAGLE 654 Tregeagle Agriculture – 1(a) RU1 Camphor Laurel forest P Road grazing TREGEAGLE 228 Connor Road Agriculture – 1(a) & 7(b) RU1 Camphor Laurel forest P TREGEAGLE horticulture 640 Tregeagle Agriculture – 1(a) & 7(b) RU1 Camphor Laurel forest P Road horticulture TREGEAGLE 628 Tregeagle Agriculture – 1(a) & 7(b) RU1 Camphor Laurel forest P Road grazing & TREGEAGLE horticulture 596 Tregeagle Agriculture – 1(a), 1(b) & RU1 Camphor Laurel forest P Road grazing 7(b) TREGEAGLE 498 Tregeagle Agriculture – 1(a) & 7(b) RU1 Camphor Laurel forest P Road grazing TREGEAGLE 476B Tregeagle Agriculture – 1(a) & 7(b) RU1 Forest Red Gum / Tallowwood P Road WYRALLAH grazing forest & Dry rainforest

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 110 Non-Urban

Report Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 374 & 407 Connor Agriculture 7(b) RU1 Forest Red Gum / Tallowwood P Road forest & Dry rainforest TREGEAGLE 360 Connor Road Agriculture - 1(a) & 7(b) RU1 Subtropic rainforest & Dry P TREGEAGLE grazing rainforest 334 Connor Road Agriculture – 1(a) & 7(b) RU1 Camphor Laurel forest, Forest P TREGEAGLE horticulture & Red Gum / Tallowwood forest grazing & Camphor Laurel forest 266 Connor Road Agriculture – 1(a) & 7(b) RU1 Camphor Laurel forest, Forest P TREGEAGLE horticulture & Red Gum / Tallowwood forest grazing 215 Connor Road Agriculture – 1(a) & 7(b) RU1 Small area Forest Red Gum / P TREGEAGLE horticulture & Tallowwood forest grazing 229 Connor Road Agriculture – 1(a) & 7(b) RU1 Forest Red Gum / Tallowwood P TREGEAGLE horticulture & forest & Subtropical rainforest grazing 245A Connor Agriculture – 7(b) RU1 Forest Red Gum / Tallowwood P Road grazing forest & Subtropical rainforest TREGEAGLE 245B Connor Agriculture – 7(b) RU1 Forest Red Gum / Tallowwood P Road grazing forest & Subtropical rainforest TREGEAGLE 82 & 82A Agriculture – 1(a) & 7(b) RU1 Camphor Laurel forest & P Faulkner Road grazing Forest Red Gum / Tallowwood WYRALLAH forest 38B Faulkner Agriculture – 1(a) & 7(b) RU1 Forest Red Gum / Tallowwood P Road WYRALLAH grazing forest 369 Connor Road Rural residential 7(b) RU1 Forest Red Gum / Tallowwood P TREGEAGLE forest 361 Connor Road Rural residential 7(b) RU1 Forest Red Gum / Tallowwood P TREGEAGLE forest 353 Connor Road Rural residential 7(b) RU1 Forest Red Gum / Tallowwood P TREGEAGLE & agriculture forest 345 Connor Road Rural residential 7(b) RU1 Forest Red Gum / Tallowwood P TREGEAGLE forest

Table 11 - Site 11 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 1 Mollys Grass Rd Agriculture – 1(b) & 7(a) RU1 Subtropical rainforest P TREGEAGLE horticulture 789 Tregeagle Rd Agriculture – 1(b) & 7(a) RU1 Subtropical rainforest P TREGEAGLE horticulture

Table 12 - Site 12 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 251 Tatham Road Agriculture – 1(r) & 7(a) RU1 Subtropical Floodplain forest, P SOUTH grazing Swamp Oak Floodplain forest GUNDURIMBA & Swamp Sclerophyll Floodplain forest

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 111 Non-Urban

Report Table 13 - Site 13 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 93 & 97B Frame Agriculture – 1(r) & 7(a) RU1 Small water body – billabong. P St, 14 & 14A stock and crop No terrestrial vegetation Havanah St, & 3 watering Horse Shoe Rd, SOUTH GUNDURIMBA

Table 14 - Site 14 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 940, 1106A, & Agriculture – 1(r) RU1 Swamp Oak Floodplain forest P 1072 Coraki Road grazing RUTHVEN 941, 977 & 979 Recreation 1(r) RU1 & E3 Swamp Oak Floodplain forest C Coraki Road reserve & Subtropical Floodplain forest RUTHVEN 2 & 74 Rogerson Travelling stock 1(r) RU1 Swamp Oak Floodplain forest C Road RUTHVEN reserve & Subtropical Floodplain forest

Table 15 - Site 15 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 1511 & 1511A Wyrallah stock 7(b) RU1 Mostly pasture species, Forest C Wyrallah Road flood refuge Red Gum / Tallowwood forest TUCKI TUCKI & Forest Red Gum / Swamp Box forest & Subtropical rainforest

Table 16 - Site 16 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 52, 64 & 94 Agriculture – 1(a) & 1(r) RU1 Blackbutt / Tallowwood forest, P Hazlemount Lane grazing Forest Red Gum / Swamp TUCKURIMBA Box, Paperbark, Swamp Sclerophyll forest 84 Hazlemount Rural residential 1(a) & 1(r) RU1 Blackbutt / Tallowwood forest P Lane TUCKURIMBA 37 Hazlemount Agriculture – 1(a) & 1(r) RU1 Swamp Sclerophyll forest P Lane grazing TUCKURIMBA 118 Hazlemount Hobby farm 1(r) RU1 Paperbark forest P Lane TUCKURIMBA 115 Hazlemount Hobby farm 1(r) RU1 Paperbark forest P Lane TUCKURIMBA 140 Hazlemount Agriculture – 1(r) RU1 Paperbark forest P Lane grazing TUCKURIMBA 1692 Wyrallah Agriculture – 1(r) RU1 Paperbark forest P Road & 142 grazing Hazlemount Lane TUCKURIMBA

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 112 Non-Urban

Report Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 1752 & 1784 Agriculture – 1(r) RU1 Paperbark forest & Lowland P Wyrallah Road & grazing & rainforest 40 Mccaughey cropping Road (part – also refer to Site 20) TUCKURIMBA

Table 17 - Site 17 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 1709 Wyrallah Rd Environmental 1(a) E3 Forest Red Gum / Tallowwood P TUCKURIMBA Conservation forest 1752 Wyrallah Rd Agriculture - 1(a) & 1(r) RU1 Swamp Sclerophyll forest & P TUCKURIMBA grazing Lowland rainforest (part see site 16) 1779 Wyrallah Rd Agriculture – 1(a) & 1(r) RU1 Swamp Sclerophyll forest, P TUCKURIMBA grazing Lowland rainforest & Camphor Laurel forest 62 Tuckurimba Rd Agriculture – 1(a) & 1(r) RU1 Lowland rainforest & pasture P TUCKURIMBA grazing 88 & 94 Agriculture – 1(a) & 1(r) RU1 Lowland rainforest, Paper Bark P Tuckurimba Road grazing & / Swamp Oak forest, TUCKURIMBA horticulture Subtropical rainforest / Camphor Laurel 112 Tuckurimba Agriculture - 1(a) & 1(r) RU1 Lowland rainforest, Subtropical P Road grazing rainforest / Camphor Laurel, TUCKURIMBA Swamp Oak forest 1927 Wyrallah Agriculture – 1(a) & 1(r) RU1 Subtropical rainforest / P Road cropping & Camphor Laurel, Swamp Oak TUCKURIMBA grazing forest 136 Tuckurimba Rural 1(a) RU1 Small area Subtropical P Rd TUCKURIMBA residential, rainforest / Camphor Laurel hobby farm 160 Tuckurimba Hobby farm 1(a) RU1 Subtropical rainforest / P Rd TUCKURIMBA Camphor Laurel 182 Tuckurimba Agriculture – 1(a) & 1(r) RU1 Subtropical rainforest / P Road grazing Camphor Laurel & Swamp TUCKURIMBA Sclerophyll forest 2 Paff Lane EAST Agriculture - 1(r) RU1 Swamp Sclerophyll forest & P CORAKI (part – grazing Freshwater Wetlands also see Site 18) 196 Tuckurimba Agriculture - 1(a) & 1(r) RU1 Subtropical rainforest, Swamp P Road EAST grazing Sclerophyll forest, Prickly Leaf CORAKI Tea Tree, Swamp Oak forest 184 Tuckurimba None known 1(a) RU1 Lowland rainforest NLALC Road and 1 Baxter Lane TUCKURIMBA 187 & 188 Road reserve 1(a) RU1 Lowland rainforest C Tuckurimba Road TUCKURIMBA 5 Baxter Lane Agriculture - 1(a) & 1(r) RU1 Small area Swamp Sclerophyll P TUCKURIMBA grazing forest & Lowland rainforest 6 Baxter Lane Nature reserve 1(a) E3 Ecotonal Rainforest / C TUCKURIMBA Sclerophyll 12 Baxter Lane Agriculture - 1(a) & 1(r) RU1 Subtropical rainforest / P TUCKURIMBA grazing Camphor Laurel

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 113 Non-Urban

Report Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 57 Tuckurimba Rd Agriculture - 1(a) RU1 Small area Subtropical P TUCKURIMBA grazing rainforest / Camphor Laurel 27 Mcinnes Lane Agriculture - 1(a) & 1(r) RU1 Subtropical rainforest / P TUCKURIMBA grazing Camphor Laurel

Table 18 - Site 18 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 2 Paff Lane EAST Agriculture - 1(r) RU1 Swamp Sclerophyll forest & P CORAKI (part – grazing Freshwater Wetlands also see Site 17) 54 & 54A Paff Agriculture – 1(a) & 1(r) RU1 Swamp Sclerophyll forest & P Lane EAST grazing Freshwater Wetlands CORAKI 340 Tuckurimba Agriculture – 1(r) RU1 Swamp Sclerophyll forest P Road grazing TUCKURIMBA 53 Paff Lane Agriculture – 1(a) & 1(r) RU1 Swamp Sclerophyll forest P EAST CORAKI grazing

Table 19 - Site 19 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 115, 154, 175, Agriculture - 1(r) RU1 Swamp Sclerophyll forest & P 177, 177B grazing Freshwater Wetlands Tuckean Island Road MAROM CREEK 256 Tuckean Agriculture – 1(r) RU1 Swamp Sclerophyll forest & P Island Road grazing Freshwater Wetlands MAROM CREEK 279, 303A, 437A Aboriginal 1(a) & 1(r) RU1 Swamp Sclerophyll forest & JLALC Tuckean Island cultural heritage Freshwater Wetlands Road GREEN protection FOREST Agriculture – grazing 302A, 304 Agriculture – 1(a), 1(r) & RU1 Small area ecotonal Swamp P Tuckean Island grazing 7(a) Sclerophyll forest, Coastal Road GREEN Wetland (CM SEPP) FOREST 305A, 305, 329, Agriculture – 1(a) & 1(r) RU1 Swamp Sclerophyll forest P 355, 391, 413 grazing Tuckean Island Road GREEN FOREST 439 Tuckean Agriculture – 1(a) & 1(r) RU1 Swamp Sclerophyll forest & P Island Road grazing ecotonal swamp forest GREEN FOREST 481C Tuckean Agriculture – 1(r) RU1 Swamp Sclerophyll forest P Island Rd GREEN grazing (Paperbark) FOREST 192B Mathieson Agriculture – 1(r) RU1 Swamp Sclerophyll forest P Lane MAROM grazing CREEK

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 114 Non-Urban

Report Table 20 - Site 20 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 544, 668, 712, Agriculture - 1(r) & 7(a) RU1 544, 668 – Coastal Wetland P 802A Tuckean grazing (CM SEPP) and Swamp Island Road, Sclerophyll forest 111 Hoare Lane GREEN FOREST 39, 40, 40A Hoare Agriculture – 1(r) & 7(a) RU1 40 & 40A - Coastal Wetland P Lane GREEN grazing (CM SEPP) and Swamp FOREST Sclerophyll forest 82, 96A Hoare Agriculture – 1(r) & 7(a) RU1 82 & 96A - Coastal Wetland P Lane cropping & (CM SEPP) DUNGARUBBA grazing 754 Tuckean Agriculture – 1(r) RU1 Swamp Sclerophyll forest & P Island Road grazing Freshwater Wetlands GREEN FOREST 671A, 733, 775 Agriculture – 1(r) RU1 Swamp Sclerophyll forest P Tuckean Island grazing Road GREEN FOREST 861, 862 Tuckean Agriculture – 1(r) RU1 Lowland rainforest, Swamp P Island Road, 63 grazing & Oak forest & Swamp McCaughey Road cropping Sclerophyll forest GREEN FOREST 812 Tuckean Agriculture – 1(r) RU1 Swamp Sclerophyll forest P Island Road grazing & (Paperbark) GREEN FOREST cropping 230 Stibbard Lane Agriculture – 1(r) RU1 Small area Ecotonal P DUNGARUBBA grazing Paperbark forest 40 (part also refer Agriculture – 1(r) RU1 Swamp Sclerophyll forest P to Site 16), 104, cropping & (Paperbark) 106 Mccaughey grazing Rd TUCKURIMBA

Table 21 - Site 21 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 250 Broadwater Rd Agriculture - 1(r) RU1 Swamp Sclerophyll forest & P DUNGARUBBA grazing Paperbark forest 164, 214, 244, 305 Hoare Lane GREEN FOREST 218, 228 Agriculture – 1(r) RU1 Ecotonal Swamp Sclerophyll P Broadwater Road grazing forest DUNGARUBBA 74 Stibbard Lane Agriculture – 1(r) RU1 Ecotonal Swamp Sclerophyll P DUNGARUBBA grazing forest

Table 22 - Site 22 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 237 Broadwater Rd Agriculture – 1(r) RU1 Small area Swamp Sclerophyll P DUNGARUBBA cropping & forest grazing 524 Forest Road Agriculture – 1(r) RU1 Swamp Sclerophyll forest P DUNGARUBBA cropping 87C Broadwater Rd Agriculture – 1(r) RU1 Swamp Sclerophyll forest P

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 115 Non-Urban

Report Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone DUNGARUBBA grazing

Table 23 - Site 23 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone 141A, 143 Agriculture – 7(a) RU1 Swamp Sclerophyll forest P Bagotville Road, cropping (Paperbark) BROADWATER 766 Broadwater Rd Agriculture - 1(a) & 1(r) RU1 Blackbutt / Tallowwood forest P BROADWATER grazing 19, 85 Bagotville Agriculture – 1(a) & 1(r) RU1 Blackbutt / Tallowwood forest, C Road stock flood Swamp Sclerophyll forest BROADWATER reserve 88 Bagotville Road Rural 1(a),1(r) & RU1 Blackbutt / Tallowwood forest P BROADWATER Residential 7(a) & Coastal Wetland (CM SEPP) hobby farm 2 Bagotville Road Agriculture 1(a) RU1 Blackbutt / Tallowwood forest P BROADWATER forestry 84C Bagotville Rd Agriculture – 1(a) & 1(r) RU1 Blackbutt / Tallowwood forest P BROADWATER stock flood refuge 84A Bagotville Rd Rural residential 1(a) & 1(r) E3 & RU1 Blackbutt / Tallowwood forest P BROADWATER & environmental management 84B Bagotville Rd Agriculture 1(a) & 1(r) RU1 Blackbutt / Tallowwood forest P BROADWATER 637 Broadwater Rd Agriculture – 1(a) RU1 Subtropical Floodplain forest P BROADWATER grazing 650 Broadwater Rd Environmental 1(a) E3 Blackbutt / Tallowwood forest LCC BROADWATER management & Subtropical rainforest 690 Broadwater Rd Hobby farm 1(a) & 1(r) RU1 Blackbutt / Tallowwood forest P BROADWATER & Subtropical rainforest 670 Broadwater Rd Rural residential 1(a) RU1 Blackbutt / Tallowwood forest P BROADWATER & Subtropical rainforest 708 Broadwater Rd Environmental 1(a) & 1(r) E3 Blackbutt / Tallowwood forest P BROADWATER management 712 Broadwater Rd Agriculture – 1(a) RU1 Blackbutt / Tallowwood forest P BROADWATER bee keeping 720 Broadwater Rd Rural residential 1(a) RU1 Blackbutt / Tallowwood forest P BROADWATER 732 Broadwater Rd Agriculture 1(a) RU1 Blackbutt / Tallowwood forest P BROADWATER Undescribed Environmental 7(a) E2 Coastal Wetland (CM SEPP) C riparian land Conservation between Bagotville Road reserve & Zone W1; pt Bagotville Road reserve

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 116 Non-Urban

Report Table 24 - Site 24 Address Primary Use DM DM DM Vegetation Owner Existing Proposed Zone Zone Undescribed Environmental 1(r) & 7(a) E2 Coastal Wetland (CM SEPP) C riparian land Conservation adjacent to Plenkovich Rd reserve & Zone W1; pt Plenkovich Road reserve 171 Banks Lane Agriculture - 7(a) RU1 Coastal Wetland (CM SEPP) C BROADWATER cropping 838 Broadwater Rd Agriculture – 7(a) RU1 Coastal Wetland (CM SEPP) Bunju BROADWATER cropping m 21 Plenkovich Rd Agriculture – 7(a) RU1 Coastal Wetland (CM SEPP) P BROADWATER cropping 114 Plenkovich Rd Aboriginal 7(a) E2 Coastal Wetland (CM SEPP) JLALC BROADWATER cultural heritage protection Undescribed Environmental 7(a) E2 Coastal Wetland (CM SEPP) C riparian land Conservation between Broadwater Road reserve & Zone W1

Community and public agency/organisation consultation Community consultation Non - Urban DM landholders were consulted in November 2017 and again in April 2018 in accordance with Council resolution 9/17 of the ordinary meeting of 14 February 2017. The consultation, among other things, provided DM landholders with the opportunity to confirm their DM land primary use and respond to Council regarding an option to propose an environmental protection zone (E zone) for their DM land. The outcome of this consultation was included in the pre-Gateway planning proposal reported to Council at the meeting of 14 August 2018. Eleven (11) private landholders requested an E zone. The primary use for each DM lot/part lot is listed in Tables 1 – 24.

Further public consultation was undertaken in accordance with the Gateway determination from 31 March 2021 to 5 May 2021. Twelve (12) written submissions were received. Ten (10) of the twelve submissions supported the planning proposal. One (1) submitter expressed concern that existing Zone 7(a) land outside of their ownership was proposed for Zone RU1. One (1) submitter objected to the destruction of environmental protections and lamented the lost opportunity to increase restrictions on primary production land.

An assessment of the public submissions is provided in Table 25 below. Public submissions are located at Attachment 4.

Table 25 – Public Exhibition Submissions Issue DM Staff comment landholder Support Site 10 - 215 Connor Road, Yes Submitter’s support for proposed Zone RU1 noted. Tregeagle

Confirmation of the primary use of The proposed Zone RU1 at this location is consistent with the DM land is agriculture. Council resolution 9/7 of 14 February 2017. Confirmation that an E zone is not requested.

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 117 Non-Urban

Report Issue DM Staff comment landholder Site 4 - 10 Coopers Creek Road Yes Submitter’s support for proposed Zone RU1 noted. Repentance Creek The proposed use of Zone RU1 at this location is Confirmation of the primary use of consistent with Council resolution 9/7 of 14 February 2017. the DM land is agriculture. Confirmation that an E zone is not requested. Site 14 - 940, 1072 & 1106A Coraki Yes The submitter was contacted by phone and informed that Road, Ruthven the proposed DM zone is RU1 Primary Production. The land is used for livestock grazing. Submitter’s support for Clarification sought regarding the proposed Zone RU1 noted. proposed zone. Support Zone RU1. The proposed use of Zone RU1 at this location is consistent with Council resolution 9/7 of 14 February 2017. Site 10 - 82 Faulkner Road, Wyrallah Yes Submitter’s support for proposed Zone RU1 noted.

Request Council to abide with their The proposed use of Zone RU1 at this location is resolution of 14 February 2017. consistent with Council resolution 9/7 of 14 February 2017.

Strong emphasis on the stress and anxiety caused by original proposal to apply an E zone to this privately owned land. Site 10 - 82 Faulkner Road, Wyrallah Yes Submitter’s support for proposed Zone RU1 noted.

Strong support for Council resolution The proposed use of Zone RU1 at this location is of 14 February 2017: consistent with Council resolution 9/7 of 14 February 2017. • E zones not used on agricultural land • DM agricultural land to be zoned RU1 Primary Production • E zones only applied at the request of landholder or as part of a negotiated development outcome

Strong opposition to E zones used on farmland Site 10 - 38a & 38b Faulkner Road, Yes Submitter’s support for proposed Zone RU1 noted. Wyrallah The proposed use of Zone RU1 at this location is Strong support for Council resolution consistent with Council resolution 9/7 of 14 February 2017. of 14 February 2017: • E zones not used on agricultural land • DM agricultural land to be zoned RU1 Primary Production • E zones only applied at the request of landholder or as part of a negotiated development outcome

Strong opposition to E zones used on farmland Site 1 - 1035 Blue Knob Road, Blue Yes Submitter’s support for proposed voluntary use of E zones Knob noted.

Support for the voluntary use of E This landholder has requested the application of an E zone zones. Some landholders who have on the allotment. The proposed use of Zone E2 & E3 at this spent time and money on ecological location is consistent with Council resolution 9/7 of 14

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 118 Non-Urban

Report Issue DM Staff comment landholder restoration seek to have an E zone February 2017. applied to the DM land.

Site 1 - 1035 Blue Knob Road, Blue Yes Submitter’s support for proposed voluntary use of E zones Knob noted.

Strong support for the voluntary This landholder has requested the application of an E zone application of E zones to the allotment. The proposed use of Zone E2 & E3 at this location is consistent with Council resolution 9/7 of 14 February 2017. Site 23 - 2 Bagotville Road, Yes Submitter’s support for proposed Zone RU1 noted. Broadwater The proposed use of Zone RU1 at this location is Support the use of Zone RU1 consistent with Council resolution 9/7 of 14 February 2017. Primary Production on this property. Objection to the application of an E zone or environmental overlays.

The land is used for agriculture and is the subject of a registered forestry entitlement. Site 10 - 498 Tregeagle Road Yes Submitter’s support for proposed Zone RU1 noted. Tregeagle The DM land at this location is proposed for Zone RU1 and Support for the use of Zone RU1. this is consistent with Council resolution 9/7 of 14 February The use of E zones would restrict 2017. normal farming practices. Some normal farming practices are restricted in E zones. For example, the Local Land Services Act 2013 Schedule 5A – Allowable activities clearing of native vegetation is permitted in rural zones and not E zones. Amongst other things, this means development consent is not required for the prescribed clearing of native vegetation for the construction, operation and maintenance of certain rural infrastructure and fences. Objection Site 7 - 67 Gray Road, Eltham Yes Submitter’s concern for proposed use of Zone RU1 on existing Zone 7(a) noted. Significant Big Scrub remnant (Dawes Bush) located at this site. LCC staff undertook a site inspection at 67 Grays Road in Significant time and money have 2017/18. Confirmation is provided of the high conservation been spent on the site which has value subtropical rainforest at the site and on adjoining resulted in significant improvement of land. The vegetation at 67 Grays Road has been the ecological values. subject of an extensive vegetation management program over many years. Strong concern expressed about other sections of Dawes Bush, that The proposed use of Zone E2 at 67 Grays Road and Zone are currently zoned 7(a) proposed for RU1 for the remainder of this Big Scrub remnant is Zone RU1. consistent with Council resolution 9/7 of 14 February 2017.

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 119 Non-Urban

Report Issue DM Staff comment landholder

Objection to destroying No Submitter’s concern about lost opportunity for environmental protections. environmental protection noted.

Where the land is 100% primary The planning proposal is prepared in accordance with production there is an opportunity to Council resolution 9/7 of 14 February 2017. E zones are get 40m of riverbank fenced off and only to be applied at the request of the landholder or as restored. part of a negotiated development outcome. Opportunity to add 40m to every The use of land use zoning, the regulatory approach, as a boundary of cleared land for means of environmental protection is a blunt instrument regeneration. and does not automatically deliver enhanced biodiversity outcomes. Land management practices are likely to be a greater determinant of biodiversity enhancement. In this regard LCC has been operating the Rural Landholder Initiative (RLI). The RLI is a rural landholder capacity- building project that involves educational opportunities, free resources, and an annual small grants program. The RLI aims to restore and enhance biodiversity assets on private rural land. This incentives-based program annually involves about 25 rural properties.

State-wide environmental protection mechanisms used to control vegetation removal and support biodiversity conservation include: • The Local Land Services Act 2013 and the associated Native Vegetation Regulatory Map (Regulated Land); and • The Biodiversity Conservation Act 2016 and the associated Biodiversity Values Map.

Public agency/ organisation consultation Lismore City Council consulted with government agencies and organisations in accordance with the Gateway determination. The consultation period commenced on 21 December 2020 and concluded on 15 February 2021. Council staff visited the Ngulingah LALC office to discuss the planning proposal with the Chief Executive Officer. Follow up emails/phone calls were made to Ngulingah LALC and Jali LALC.

Table 26 provides an assessment of the referral comments. Copies of the public agency responses are located at Attachment 5.

Table 26 - Government agency and organisation referral comments Item Agency/organisation Staff Response comments 1 Rural Fire Service Noted No objection 2 Rous County Zone SP2 Infrastructure under LEP 2012 replaced Zone 5 (Special Uses Zone) Council under LEP 2000 at Rocky Creek Dam. This existing SP2 is not part of the Zone SP2 Deferred Matter planning proposal. However, the use of some additional Zone

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 120 Non-Urban

Report Item Agency/organisation Staff Response comments Infrastructure to be SP2 is proposed on some of the Rous DM land to include the dam spillway and used where previous the water filtration plant. Zone E3 is proposed for the remainder of the Rous land Infrastructure zone that is densely vegetated and used for catchment management. under LEP 2000 applied No proposed changes after assessment of Rous comments 3 Biodiversity and Note: reference to ‘recommendations’ below refers to recommendations included in the Conservation Northern Councils E Zone Review – Final Recommendations Report. Rezoning planning division (BCD) proposals involving the application of E zones are required to follow the recommendations Land zoned 7(a) or of this report under Ministerial Direction 2.5 - Application of E2 and E3 Zones and Environmental Overlays in Far North Coast LEPs. 7(b) must not be

subject to the primary Recommendation 1 & 2 (When will E zones be applied? and How will the primary use test. use of the land be determined?) require the application of the primary use test to determine if an E zone may be applied. There are no exclusions in these recommendations that give precedence to recommendation 6 (Transferring environmental zones). Additionally, there is no mechanism in recommendation 6 that switches off recommendations 1 & 2. If recommendation 6 where to switch off recommendations 1 & 2 it would need to be explicit with the use of an exclusion provision, such as, “Despite the requirements of recommendations 1 & 2……..”. On this basis it is contended that recommendation 6 is not an absolute requirement for land currently zoned 7(a) or 7(b) to be zoned E2 or E3 if it meets the criteria. Moreover, the wording of recommendation 6 “current environmental protection zones may be zoned E2 or E3” further indicates that this is a discretionary provision and not an absolute requirement. Recommendation 1 uses categorical language “E2 and E3 zones will only be applied” if the primary use of the land is environmental conservation or environmental management. The word ‘will’ connotes a more definite occurrence; "that will happen" indicates that there is no doubt about it, whereas "that may happen" indicates it may or it may not happen. There is no compulsion to apply E2 or E3 on existing 7(a) & 7(b) DM land under recommendation 6. Where the primary use of DM land currently zoned 7(a) or 7(b) is agriculture or rural residential, the application of Zone RU1 is consistent with the E Zone Review recommendations. The application of Zone RU1 on DM land currently zoned 7(a) or 7(b) is consistent with LCC resolution 9/17 part 2 “Environmental protection zones are only used in the Lismore Local Environmental Plan 2012 where requested by the property owner or as part of a negotiated development outcome”. No changes proposed after assessment of BCD comments. 4 Biodiversity and Background Conservation There are 54 allotments and 3 areas of undescribed land within Zone 7(a) or 7(b). Division The three areas of undescribed DM land, all in public ownership, located within Land zoned 7(a) or Sites 23 and 24 are proposed for Zone E2. One privately owned DM part lot 7(b) to be assessed currently zoned 7(a) is proposed to be zoned E2 in accordance with the request of against E2 & E3 the landholder. criteria (verified) and Verification of E zone criteria Zone E2 or E3 In 2010 Council engaged Landmark Ecological Services to undertake biodiversity applied if consistent field inspections at 56 non-urban DM sites. Comprehensive ecological with criteria. assessment reports were prepared for each of these sites. In October 2011 Landmark Ecological Services prepared the “Vegetation Mapping for the Lismore Local Government Area”. This was a fine scaled vegetation mapping exercise for the entire LGA. Bushland areas were mapped, and vegetation was classified to the community level. Vegetation condition was described. The following high conservation value vegetation was also mapped: Koala habitat, Endangered Ecological Communities (under the now repealed Threatened Species Conservation Act 1995) and the location of various grasslands in and around the Big Scrub, known locally as ‘Grasses’.

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 121 Non-Urban

Report Item Agency/organisation Staff Response comments This large-scale mapping exercise was conducted in three “zones” which involved either intensive field checking; moderate levels of field checking; and limited fieldwork. All the non-urban Deferred Matter land was subject to intensive or moderate levels of field checking. Council staff have utilised the Landmark field inspections and mapping along with high quality aerial photography from 2009- 2018 to determine that there has been minimal change in the vegetation during that time. This has allowed assessment of the DM vegetation against the E2 or E3 criteria with a high degree of certainty. This vegetation assessment methodology has been undertaken for all non-urban DM land. Such an approach is consistent with Recommendation 5 ‘How is the E zone criteria verified’ of the Recommendations report with the exception of exceeding the 5-year age limit. For the purposes of Ministerial Direction 2.5 (5) it is contended that the age of the mapping is of minor significance and this inconsistency is justified under the terms of the Direction. Application of zones E2 & E3 Application of Zones E2 & E3 is not compulsory for DM land within existing Zones 7(a) and 7(b). Refer to commentary in Item 3 of this table. The application of Zone RU1 on DM land currently zoned 7(a) or 7(b) is consistent with LCC resolution 9/17 part 2 “Environmental protection zones are only used in the Lismore Local Environmental Plan 2012 where requested by the property owner or as part of a negotiated development outcome”. Council’s resolution 9/17 is a clear direction from the elected representatives as to how to proceed with the DM planning proposal. The majority of the vegetation located within DM areas zoned 7(a) & 7(b) is included in the Native Vegetation Regulatory Map (Regulated Land) and the Biodiversity Values Map. These state- wide map overlays provide a level of environmental protection that will ensure any areas zoned RU1 will not have the environmental protection standards reduced because of having a rural zone applied. Therefore, any inconsistency with Ministerial Direction 2.1 is of minor significance. No changes proposed after assessment of BCD comments. 5 Biodiversity and In accordance with Recommendation 1 & 2 E2 and E3 zones will only be applied Conservation if the primary use of the land is environmental management or environmental Division conservation. If the primary use of the land is determined to be something other Land not zoned 7(a) than environmental management or environmental conservation, than there is no or 7(b) need to verify the vegetation. a) Primary use of Environmental Non - 7 zones proposed for E zone: Conservation and • The application of E zones on land not zoned 7(a) or 7(b) is only proposed at vegetation verified as the request of the landholder. This approach is consistent with LCC E2 then E2 to be resolution 9/17 part 2 “Environmental protection zones are only used in the applied. Lismore Local Environmental Plan 2012 where requested by the property b) Primary use of owner or as part of a negotiated development outcome”. Environmental • Biodiversity field inspections were undertaken to verify E zone criteria for Management and privately owned lots where the landholder requested an E zone. All 11 of vegetation is verified these privately owned lots/part lots have a primary use of environmental as E3 then E3 is to be management or environmental conservation and an E zone is proposed. applied • Eight publicly owned lots/part lots not zoned 7(a) or 7(b) are proposed for E c) Primary use of zones. E zone criteria were verified using desk top assessment (refer to Item Environmental Management and 4 for verification comments). vegetation verified as E2 (not E3) then E2 No changes proposed after assessment of BCD comments. should be applied 6 Biodiversity and Primary use determination Conservation Non-urban DM landholders are predominantly private individuals or organisations. Division Other DM landholders include Rous County Council (Rocky Creek Dam), Lismore Land not zoned 7(a) City Council (two unused quarry sites), the Crown (Wyrallah & Broadwater stock

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 122 Non-Urban

Report Item Agency/organisation Staff Response comments or 7(b) – justify the flood refuges, recreation and nature reserves and undescribed riparian areas), nominated land use and two Local Aboriginal Land Councils. (primary use) Council staff wrote to all private DM landholders in November 2017 (pre-Gateway) in accordance with Council resolution 9/17. The consultation letter provided information on DM areas; included a copy of the council resolution; and sought to determine the primary use of the land. Landholders were also requested to advise Council if they sought to have an E zone on their DM land. The same consultation letter was sent again in April 2018 to DM landholders that did not reply to the first letter. Council received 111 responses out of 147 landholders, a 75.5% response rate. All DM landholders (private and public) were consulted again during the public exhibition period. Confirmation of the primary use of the DM land was achieved by using a combination of landholder responses, field inspections, drive by inspections and desk top assessment. Nominated non - environmental protection primary uses include: • Agriculture • Hobby farm • Rural residential • Multiple occupancy • Infrastructure Ancillary use Native vegetation, including woody vegetation is often ancillary to the primary use of the land, whether that is commercial agriculture, a hobby farm, rural residential, multiple occupancy, or tourism. Native vegetation ancillary to agriculture/hobby farms The ancillary use of native vegetation for the dominant purpose (primary use) of agriculture and hobby farms includes: • Shelter for stock; • Provision of windbreak for stock or crops/horticulture; • Soil stability and erosion mitigation; • Reduction of water table levels in low lying areas; • Dust mitigation for crops; • Cyclic salt mitigation in areas close to the coast or tidal waterways such as Broadwater; • Integrated pest management with the provision of habitat to maintain biodiversity. Higher order predators can assist with controlling pest insects and rodents. • Maintaining native vascular plants and associated mycorrhizal fungi assist in the maintenance of soil health. Mycorrhizae play an important role in soil biology and soil chemistry which has the potential to enhance agricultural productivity. • Erosion mitigation on the floodplain with the maintenance of some woody vegetation can potentially assist with the management of acid sulfate soils. Acid sulfate soils are formed under waterlogged conditions, high in iron sulfide or their oxidation products. When acid sulfate soils are left in an undisturbed state without exposure to oxygen potential negative impacts are minimised. When acid sulfate soils are exposed to oxygen, the iron sulfide oxidises to form sulfuric acid. This can have a negative environmental impact and may potentially reduce crop or pasture productivity. • The provision of construction timber and/or firewood in accordance with ‘Allowable activities clearing of native vegetation’ Part 2, Schedule 5A of the Local Land Services Act 2013. Native vegetation ancillary to rural residential, multiple occupancy and rural tourism

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 123 Non-Urban

Report Item Agency/organisation Staff Response comments The ancillary use of native vegetation for the dominant purpose rural residential, multiple occupancy and tourism includes: • Provision of amenity for residents / tourists • A bush land retreat can enhance the wellbeing of residents / tourists • Recreational use for residents / tourists • Enhanced ecological knowledge and awareness of the natural environment for residents / tourists • Soil stability and erosion mitigation • Dust and sound mitigation • Other ancillary uses listed for agriculture and hobby farms Conservation and management definitions In assigning a primary use the dictionary definition for ‘conservation’ and ‘management’ (used in E2 Environmental Conservation and E3 Environmental Management) were considered. The relevant Collins definition follows: • ‘Management’ – handling, controlling, directing; and • ‘Conservation’ – protection, preservation and careful management. Both definitions imply that human intervention is required to satisfy a primary use of either environmental conservation or environmental management. Moreover, it is logical to argue that bushland that is not actively managed for environmental protection is likely to have a land use that is subordinate or ancillary to the dominant use of agriculture, hobby farm, rural residential, multiple occupancy, or rural tourism. Environmental protection is a use for such bushland, but it may not be the primary use. No changes proposed after assessment of BCD comments. 7 Biodiversity and (i) Council should seek agreement of landholder to apply Zones E2/E3 Conservation Refer to Item 6 for details of public consultation process including a written Division request to DM landholders to advise Council if they sought to have an E zone on Land not zoned 7(a) their DM land. or 7(b) where primary use is not (ii) If landholder does not agree then mapped planning controls should be environmental applied to the land conservation or • The E zone review recommendation 4 includes: “If a council believes the management and the primary use of the land does not warrant an E zone, and the land meets the E2 or E3 criteria are E zone criteria, then a LEP Map and associated clause can be applied”. BCD present. Council comments include “mapped planning controls should be applied”. Common should: dictionary definition for “can” – permitted to; you are able to if you want to. The word “can” provides for discretion or the freedom to decide. Common (i) seek agreement of dictionary definition of “should” – used to indicate obligation, duty or landholder to apply correctness, typically when criticising someone’s actions. In accordance with Zones E2/E3; and the E zone review it is argued that LCC has the discretion to either include or not include a mapped planning control. (ii) If landholder does • LCC resolution 9/17 does not include mapping planning controls. not agree then • This report recommends presentation at a future Council Workshop of a mapped planning potential PP – “Mapped Planning Controls – HCV Vegetation”. controls should be applied to the land. No changes proposed to exhibited PP after assessment of BCD comments. Future Council workshop recommended to discuss mapped planning controls. 8 Biodiversity and The primary use for all non-urban DM lots has been established. Refer to Item 6 Conservation of this table for detail. division If a non- No changes proposed after assessment of BCD comments. environmental primary use cannot be assigned, then the appropriate environmental use must be assigned

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 124 Non-Urban

Report Item Agency/organisation Staff Response comments 9 Nglingah LALC Referral sent to LALC on two occasions and follow up phone calls. No comments No comments received. Ngulingah LALC own 2 allotments, one on either side of the road at 184 Tuckurimba Road and 1 Baxter Lane, Tuckurimba. These lots have an area of 2401m2 and 1681m2 respectively. It is likely that the use is aboriginal cultural heritage protection. The land is proposed for Zone RU1 in accordance with Council resolution 9/17. No proposed changes to the exhibited Zone RU1 10 Jali LALC Referral sent to LALC on two occasions and follow up phone calls. No comments No comments received. Jali LALC own a 7.7 ha allotment located at 114 Plenkovich Road, Broadwater. The land is mapped entirely as Coastal Wetland under the Coastal Management Act 2016 and is currently within Zone 7(a). The land has an elevation of between 0 – 1m AHD and vegetation consists of Mangrove/Swamp Oak forest. The land is at the confluence of the Tuckean Broadwater and the Richmond River. The land is downstream from the Tuckean Swamp which has the Tucki Tucki Creek (with headwaters in Goonellabah) as the primary inflow. The land is proposed for Zone E2 Environmental Conservation without the objection of the landholder. The consistency with LCC resolution 9/17 part 2 “Environmental protection zones are only used in the Lismore Local Environmental Plan 2012 where requested by the property owner or as part of a negotiated development outcome” is a moot point as the landholder has neither agreed nor disagreed with the proposed use of Zone E2. The land is clearly not suited to agriculture and the primary use is nominated as Aboriginal cultural heritage protection. No proposed changes to the exhibited Zone E2 Jali LALC also own 3 contiguous allotments located at 279, 303A & 437A Tuckean Island Road, Green Forest. The primary use of the land is agriculture and Aboriginal cultural heritage protection. The DM land in this location is proposed for Zone RU1 in accordance with LCC resolution 9/17. No proposed changes to the exhibited Zone RU1 11 Bunjum Aboriginal Bunjum Aboriginal Co-Op own 838A (9.1ha) & 838 (21.3ha) Broadwater Road, Co-Op Broadwater. There is a 2,800m2 sliver of DM land on No. 838 located in the north Request for the use of eastern part of the allotment. Approximately 2,650m2 of this DM land is mapped Zone RU1 as Coastal Wetland. This DM land is proposed for Zone RU1 for the following reasons: • Consistent with LCC resolution 9/17 part 2 “Environmental protection zones are only used in the Lismore Local Environmental Plan 2012 where requested by the property owner or as part of a negotiated development outcome”. • Due to the relatively small sliver of land, the scale of the mapping and the imprecise cadastre in this location it is difficult to determine if the mapped Coastal Wetland is within the subject allotment. Certainty could only be provided by surveying the boundary in this location and that is beyond the scope of this planning proposal. No proposed changes to the exhibited Zone RU1

Matters raised at the Councillor Briefing of 1 June 2021 The issue of a mapped planning control for high conservation value vegetation was discussed at the Councilor Briefing of 1 June 2021 during an analysis of the comments received from the Biodiversity and Conservation Division (BCD). BCD expressed their support for the use of such a mapped planning control.

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 125 Non-Urban

Report Lismore LEP 2012 currently has 14 sets of maps that delineate land use planning characteristics such as Land Zoning, Acid Sulfate Soils, Minimum Lot Size and so on. All LEP maps are associated with written LEP provisions that provide controls that relate to development on the mapped land. Some Standard Instrument LEP’s incorporate a map that sets out the location of high conservation value (HCV) vegetation throughout their Local Government Area (LGA).

The five Far North Coast councils (Tweed, Byron, Ballina, Lismore and Kyogle) that were subject to the 2012 Ministerial E zone and environmental overlay review do not contain LEP mapped planning controls for HCV vegetation. Some other North Coast and Mid North Coast LEPs do contain mapped planning controls for HCV vegetation. Table 27 provides an overview of the use of mapped planning controls for HCV vegetation on the North Coast and Mid North Coast.

Table 27 Use of HCV vegetation LEP mapped planning controls North Coast/Mid North Coast LEP Use of HCV vegetation LEP mapped planning controls Lismore No Tweed No Byron No Ballina No Kyogle A Planning Proposal to amend Kyogle LEP to introduce a ‘biodiversity overlay’ is currently on public exhibition. Richmond Valley Yes – Terrestrial Biodiversity Map Clarence Valley No Bellingen Yes – Natural Resources Sensitivity Biodiversity Map Nambucca No Coffs Harbour Yes – Terrestrial Biodiversity Map Kempsey Yes – Natural Resources Sensitivity Map Port Macquarie Hastings No Greater Taree No

Lismore LEP 2012 could be amended via a planning proposal to include HCV vegetation mapped planning controls. If Council pursue the use of this new LEP map, a decision is also required as to the extent of the LGA that is mapped i.e. limited to Deferred Matter Area; or the entire LGA; or some other finite area.

An analysis of three (3) options with regard to a mapped planning control is provided in Table 28, along with draft Council resolutions for alternative options to the one recommended by this report.

Table 28 – Options for HCV vegetation mapped planning controls Options Staff comments, recommendation, and alternative resolutions 1. Separate the issue • It will not delay the current DM planning proposal, which needs to be of mapped planning finalised given the extensive time it has taken for the whole process controls from the DM of deferred matters to be resolved, which started in 2012 when the planning proposal NSW state government ‘deferred’ the application of E zones in the and present the LEPs of the five Far North Coast Councils. The current Planning matter at a future Proposal commenced over 3 years ago when Council adopted Councillor briefing resolution 9/17. Landowners are keen to see a resolution of this matter. • The merits and demerits of mapped planning controls can be discussed. • Will provide greater transparency with the community and landowners. A ‘biodiversity’ overlay was extremely controversial with landowners and the community when it was proposed in the original draft LEP 2012 when it was publicly exhibited in 2010/11. • The scope of the proposal and the associated LEP clause needs to be discussed – the PP could propose to apply a mapped planning control for the entire LGA rather than be limited to DM areas

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 126 Non-Urban

Report Options Staff comments, recommendation, and alternative resolutions (compare with option 2 which is limited to DM area only). • Consistent with the Local Strategic Planning Statement (Actions 10.3 and A10.8). • Consistent with Biodiversity and Conservation Division comments. • Any resulting mapped planning proposal clearly indicates areas of the LGA to be protected. • Current protections exist under the Biodiversity Conservation Act 2016 and the Local Land Services Act 2013.

Report Recommendation This report recommends this option. 2. Amend the current • Would significantly delay the current planning proposal planning proposal to • Another round of public exhibition and agency consultation will be include mapped required. planning controls • Could be seen as lacking transparency with the community and landowners. • Requires an amended Gateway determination. • Mapping limited to DM areas only. Highly unlikely that the DPIE would alter a Gateway that would involve the inclusion of large areas of new land that was not the subject of the exhibited planning proposal. • HCV vegetation extends to a significant area of the LGA that is not DM area. • DPIE has limited the conclusion of this planning proposal to November 2021. • Consistent with Biodiversity and Conservation Division comments. • Current protections exist under the Biodiversity Conservation Act 2016 and the Local Land Services Act 2013.

Option 2 Alternative Resolution That: 1. Council defer the planning proposal as publicly exhibited and as detailed in Attachment 1. 2. The planning proposal is amended to include a mapped planning control (DM area only) for high conservation value vegetation. 3. The planning proposal is reported back to Council prior to seeking an amended Gateway determination. 3. Finalise the planning • Current protections exist under the Biodiversity Conservation Act proposal as publicly 2016 and the Local Land Services Act 2013. exhibited. Do not • Inconsistent with Biodiversity and Conservation Division amend the LEP to comments. include a mapped • HCV vegetation not identified in LEP. However, LCC does have planning control for GIS mapping that is used in the development assessment high conservation process. value vegetation and do not consider the Option 3 Alternative Resolution issue at a future That: Councillor workshop. 1. Council adopt the planning proposal as publicly exhibited and as detailed in Attachment 1. 2. Council submit the draft Local Environmental Plan to the Department of Planning Industry and Environment with a request

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 127 Non-Urban

Report Options Staff comments, recommendation, and alternative resolutions to finalise the proposal in accordance with section 3.36 of the Environmental Planning and Assessment Act 1979. 3. Council resolve to repeal the Development Control Plan that applies to LEP 2000 when it is no longer required, specifically, after the gazettal of both Stage 1 & 2 Deferred Matter rezoning planning proposals and LEP 2012 applies to all land and waterbodies in the LGA.

Two Development Control Plans Land use planning at Lismore City Council and the four surrounding North Coast Council’s is complicated by the presence of two Local Environmental Plans (LEP) and two Development Control Plans (DCP). LEP 2000 applies to all DM land in the LGA. A separate DCP applies only to land under which LEP 2000 applies. LEP 2012 is accompanied by its own DCP.

LEP 2000 will be repealed (without a council resolution) under clause 1.8 of LEP 2012 upon the gazettal of both the Non-Urban (Stage 1) and Urban (Stage 2) DM rezoning planning proposals and, specifically, when LEP 2012 applies to all land in the LGA. A Council resolution is required to repeal the DCP that applies to the soon to be repealed LEP 2000. Part 3 of the recommendations in this report seek a Council resolution to repeal the DCP that applies to LEP 2000 when LEP 2012 applies to all land in the LGA.

Comments Finance Not required

Other staff comments No issues raised.

Public consultation Non - Urban DM landholders were consulted in November 2017 and again in April 2018 in accordance with Council resolution 9/17 of the ordinary meeting of 14 February 2017. The consultation, among other things, provided DM landholders with the opportunity to confirm their DM land primary use and respond to Council regarding an option to propose an environmental protection zone (E zone) for their DM land. The outcome of this consultation was included in the pre-Gateway planning proposal reported to Council at the meeting of 14 August 2018. Eleven (11) private landholders requested an E zone.

Further public consultation was undertaken in accordance with the Gateway determination from 31 March 2021 to 5 May 2021. Twelve (12) written submissions were received. Ten (10) of the twelve submissions supported the planning proposal. One (1) submitter expressed concern that existing Zone 7(a) land outside of their ownership was proposed for Zone RU1. One (1) submitter objected to the destruction of environmental protections and lamented the lost opportunity to increase restrictions on primary production land. An assessment of the public submissions is provided in Table 25.

Government agencies and organisations were consulted in accordance with the Gateway determination. The consultation period commenced on 21 December 2020 and concluded on 15 February 2021. Council staff visited the Ngulingah LALC office to discuss the planning proposal with the Chief Executive Officer. Follow up emails/phone calls were made to Ngulingah LALC and Jali LALC. An assessment of the agency consultation comments is provided in Table 26.

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 128 Non-Urban

Report Conclusion The planning proposal has been prepared in accordance with Lismore City Council’s resolution 9/17 and is consistent with the North Coast Regional Plan 2036 and the relevant State Environmental Planning Policies. The proposal is also consistent with the relevant Environmental Planning and Assessment Act 1979 (EP&A Act) Section 9.1 Directions by the Minister, or any inconsistencies are justified under the terms of the Directions.

An analysis of issues raised by the BCD are included in this report. Counterarguments to the BCD concerns enable Council to endorse the planning proposal for finalisation by the Department of Planning Industry and Environment.

It is recommended that Council adopt the planning proposal as publicly exhibited. It is also recommended that a stand-alone planning proposal for a mapped planning control for high conservation value vegetation is presented for discussion at a future Council workshop.

Attachment/s 1.⇨ Planning Proposal Report (Over 7 pages) 2.⇨ Mapping - Locality & Land Zoning (Over 7 pages) 3.⇨ Mapping - Others (Over 7 pages) 4.⇨ Public Submissions (Over 7 pages) 5.⇨ Government Agency Comments (Over 7 pages)

Lismore City Council Meeting held 13 July 2021 - Deferred Matter Rezoning Planning Proposal - 129 Non-Urban

Report Report Subject Application to Close Public Road - Wooley Road, Tregeagle

TRIM Record No BP21/504:CDR20/1460

Prepared by Property Officer

Reason To consider an application to close an unused public road and once closed, sell the road to the adjoining landowner. Strategic Theme Leadership and participation

Strategy We provide effective management and responsible governance.

Action Ensure well-managed buildings, land and property assets.

Executive Summary This report recommends Council endorse the closure of an area of unused road which adjoins 13 Wooley Road, Tregeagle. There does not appear to be any strategic reason to keep Wooley Road open to the public and the road corridor is not deemed necessary for future road purposes.

If approved, the road closure will generate revenue for road acquisition, construction or maintenance purposes. The applicants have given an undertaking they will meet all costs associated with the road closure and sale.

Recommendation That: 1. In accordance with Section 38D of the Roads Act, 1993 Council support the application to close the unused road which adjoins 13 Wooley Road, Tregeagle (being Lot 144 in DP 755720), as shown on the plan included in the report. 2. Upon closure of the unused road, Council sell the land as per the proposal. 3. The General Manager be delegated authority to negotiate the final boundaries of the proposed closure and/or easements. 4. The General Manager be delegated authority to negotiate the sale price in accordance with a valuation prepared by a registered valuer and finalise the settlement. 5. All costs associated with the road closure and sale be met by the applicants. 6. The applicants be required to consolidate the land with their adjoining lot (being Lot 144 in DP 755720), at the earliest opportunity and bear all costs of the consolidation. 7. The General Manager be delegated authority to sign the following documents: • Subdivision Certificate • Road Closure Plan and s88B Instrument • Contract for Sale of Land • Memorandum of Transfer • Statement of Title Particulars and any other documents necessary to implement this resolution.

Lismore City Council Meeting held 13 July 2021 - Application to Close Public Road - Wooley Road, 130 Tregeagle

Report Background On 9 October 2020 Council staff received a request from the landowners of 13 Wooley Road, Tregeagle (being Lot 144 in DP 755720) (Property) to close and purchase the unused road which adjoins their Property.

The landowners purchased the Property in June 2019 and shortly after proceeded to update the gate that accessed their property. In doing so they discovered their gate was actually within the Council road reserve. This triggered the application to close the road to amalgamate it into their property. Council records indicate the previous owners of the property maintained Wooley Road for 40 years up until 2017. They installed the gate some years ago after a number of incidents of people accessing their property, confusing the driveway to their house as Wooley Road and trying to camp on their land.

Wooley Road is an old public works road located in Tregeagle. It is accessed off Tregeagle Road and has an area of approximately 1.86ha. Wooley Road originally provided access from Tregeagle Road through to Graham Road, Marom Creek. The section of Wooley Road to the north-east of the current road reserve was closed in the 1970s and amalgamated with the adjoining land.

Image 1 – Plan showing Proposed Road for closure highlighted Red

Lismore City Council Meeting held 13 July 2021 - Application to Close Public Road - Wooley Road, 131 Tregeagle

Report

Image 2 - Street view of Wooley Road entrance and gate

Image 3 – Locality Plan

Lismore City Council Meeting held 13 July 2021 - Application to Close Public Road - Wooley Road, 132 Tregeagle

Report Future Road Use Council’s Strategic Planning Coordinator, Parks Coordinator, Environmental Strategies Coordinator and Property Services Manager have raised no objections to the closure of this excess road.

Comments Finance The recommendation as printed is supported. The sale proceeds have not been included in the 2021/22 Budget and will be reported to Council through a Quarterly Budget Review Statement in 2021/22 once confirmed.

Public consultation Statutory advertising of the proposal has been completed. This included letters to adjoining landowners and affected authorities, and an article in Local Matters on 31 March 2021 inviting public submissions.

No responses were received in response to the Local Matters notice. Three submissions were received in response to the adjoining owners’ notice, two were in support of the road closure, the third was in support of the road closure subject to the creation of an easment legally formalising the current underground water pipe located at the entrance to Wooley Road. The easement for water supply is supported by Council staff and is proposed to be registered if the road closure progresses to this stage.

No submissions of objections were received in response. NSW Department of Industry – Crown Lands assessed the proposal and provided written advice that it had no objection to Council’s proposal to close the public road and have the land vested in Council upon closure.

Conclusion There is no known public use or need for Wooley Road to remain open to the public. The adjoining landowner’s existing water infrastructure located within the road reserve can be protected by way of easement to the adjoining landowner for future access to this asset.

All costs associated with the road closure and sale are to be met by the applicants. Upon closure and sale, the closed road would be consolidated with the applicants’ adjoining Property.

Attachment/s There are no attachments for this report.

Lismore City Council Meeting held 13 July 2021 - Application to Close Public Road - Wooley Road, 133 Tregeagle

Report Report Subject Transfer of Crown Roads to Council - Part of North Street, Bexhill TRIM Record No BP21/553:CDR21/862

Prepared by Property Officer

Reason Seeking consent to transfer parts of Crown road to Lismore City Council.

Strategic Theme Our built environment

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

Action Contribute to state and federal government planning and related policy and legislation reviews.

Executive Summary This report seeks a resolution from Council to submit an application to NSW Department of Industry for Ministerial consent to transfer parts of the Crown road described in this report to Lismore City Council subject.

Recommendation That: 1. Council submit an application to NSW Department of Industry requesting the transfer of parts of the Crown road described in this report to Lismore City Council. 2. Council submit with its application to NSW Department of Industry a letter (with Council letterhead) giving consent to the transfer of parts of the Crown road described in the application to Council. 3. Council coordinate the timing of the Crown road transfer with a Subdivision Works Certificate for the proposed access road.

Background On 21 October 2020 Council received a Development Application seeking consent for the use of land at 39 North Street, Bexhill (being Lot 1 in DP 1133256) and 41 North Street, Bexhill (being Lot 5 in DP 733335) for the purpose of subdivision of two lots to create 11 new residential lots.

Development Application DA20/422 is currently being assessed by Council staff. As part of the development consent, if granted, the developer will be required to:

1. Construct an access road within approximately 100m of the northern end of the unformed Crown road named North Street, Bexhill. Access to this road is via Clunes Street, Bexhill.

2. Construct a pedestrian pathway from the end of the internal cul-de-sac to North Street. In order to provide more flexibility, the construction of the pathway is to consist of approximately 20m of unformed Crown road which will continue through to the Council road to the school.

Lismore City Council Meeting held 13 July 2021 - Transfer of Crown Roads to Council - Part of 134 North Street, Bexhill

Report Both parts of the Crown road are considered suitable for transfer to Council as both parts require roadworks on the Crown road for development consent under the Environmental Planning & Assessment Act, 1979. Both road transfers will allow Council to regulate the standard to which the road and pathway access should be established and issue a construction certificate as the relevant roads’ authority under the Roads Act, 1993.

Whilst this report recommends Council become the roads authority for the relevant sections of North Street, timing of the transfer will be coordinated and conditional upon the developers obtaining a Subdivision Works Certificate for the proposed development and road construction. This will ensure Council is satisfied with the design and construction plans prior to accepting control and avoid Council unnecessarily taking control in the event the development does not proceed.

Under the Local Government Act, 1993 the making of an application to the Minister cannot be delegated. As such, this report seeks a resolution from Council to submit an application to NSW Department of Industry for Ministerial consent to transfer parts of the Crown road to Council which form the access road into the new subdivision and which form part of the pedestrian pathway to the school.

There are no fees payable by Council to lodge a road transfer application. Once Ministerial consent is given to transfer the road, the NSW Department of Industry at its own cost will administer the transfer and publish a notice of the parts transferred in the NSW Government Gazette. Once the parts of the road transfer have been gazetted, those parts will become a Council road/ asset.

Image 1 – Proposed subdivision plan shows the access road and pedestrian pathway access

Lismore City Council Meeting held 13 July 2021 - Transfer of Crown Roads to Council - Part of 135 North Street, Bexhill

Report

Image 2 – Locality plan shows Crown road of 100m and 20m proposed to be transferred to Council

Comments Finance The recommendation as printed is supported.

Conclusion For the development and planning reasons noted in this report, Council approval is sought to submit an application to NSW Department of Industry requesting approximately 100m of the northern end of Crown road of North Street, Bexhill and approximately 20m of the Crown road adjoining Lot 4, Section 21 in DP 758102 be transferred to Council in order to facilitate the development relating to DA20/422.

Should Council not consent to the Crown road being transferred to Council there is a risk that the subdivision process will be delayed. It should be noted that a Crown road can be transferred to Council without consent; however, it is the practice of the NSW Department of Industry to consult with the affected Council before processing a Crown road transfer.

Attachment/s There are no attachments for this report.

Lismore City Council Meeting held 13 July 2021 - Transfer of Crown Roads to Council - Part of 136 North Street, Bexhill

Reports Report Subject Councillors Expenses and Facilities Policy - January 2021 to June 2021 Reporting TRIM Record No BP21/390: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 councillor.

The period covered by this report is from 1 January 2021 to 30 June 2021.

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.

In August 2018 Council resolved to change the wording of this section from ‘as a total for all Councillor’s to ‘for each Councillor.’ As a result, this report includes a breakdown of the expenses incurred by each Councillor across the six months to June 2021.

Lismore City Council Meeting held 13 July 2021 - Councillors Expenses and Facilities Policy - 137 January 2021 to June 2021 Reporting

Reports Attachment/s 1.⇩ 1.2.23 Councillor Expenses and Facilities Policy 2.⇩ Councillors expenses report

Lismore City Council Meeting held 13 July 2021 - Councillors Expenses and Facilities Policy - 138 January 2021 to June 2021 Reporting

1.2.23 Councillor Expenses and Facilities Policy Attachment 1

Lismore City Council Meeting held 13 July 2021 - Councillors Expenses and Facilities Policy - January 139 2021 to June 2021 Reporting

1.2.23 Councillor Expenses and Facilities Policy Attachment 1

Lismore City Council Meeting held 13 July 2021 - Councillors Expenses and Facilities Policy - January 140 2021 to June 2021 Reporting

1.2.23 Councillor Expenses and Facilities Policy Attachment 1

Lismore City Council Meeting held 13 July 2021 - Councillors Expenses and Facilities Policy - January 141 2021 to June 2021 Reporting

1.2.23 Councillor Expenses and Facilities Policy Attachment 1

Lismore City Council Meeting held 13 July 2021 - Councillors Expenses and Facilities Policy - January 142 2021 to June 2021 Reporting

1.2.23 Councillor Expenses and Facilities Policy Attachment 1

Lismore City Council Meeting held 13 July 2021 - Councillors Expenses and Facilities Policy - January 143 2021 to June 2021 Reporting

1.2.23 Councillor Expenses and Facilities Policy Attachment 1

Lismore City Council Meeting held 13 July 2021 - Councillors Expenses and Facilities Policy - January 144 2021 to June 2021 Reporting

1.2.23 Councillor Expenses and Facilities Policy Attachment 1

Lismore City Council Meeting held 13 July 2021 - Councillors Expenses and Facilities Policy - January 145 2021 to June 2021 Reporting

1.2.23 Councillor Expenses and Facilities Policy Attachment 1

Lismore City Council Meeting held 13 July 2021 - Councillors Expenses and Facilities Policy - January 146 2021 to June 2021 Reporting

1.2.23 Councillor Expenses and Facilities Policy Attachment 1

Lismore City Council Meeting held 13 July 2021 - Councillors Expenses and Facilities Policy - January 147 2021 to June 2021 Reporting

1.2.23 Councillor Expenses and Facilities Policy Attachment 1

Lismore City Council Meeting held 13 July 2021 - Councillors Expenses and Facilities Policy - January 148 2021 to June 2021 Reporting

1.2.23 Councillor Expenses and Facilities Policy Attachment 1

Lismore City Council Meeting held 13 July 2021 - Councillors Expenses and Facilities Policy - January 149 2021 to June 2021 Reporting

1.2.23 Councillor Expenses and Facilities Policy Attachment 1

Lismore City Council Meeting held 13 July 2021 - Councillors Expenses and Facilities Policy - January 150 2021 to June 2021 Reporting

Councillors expenses report Attachment 2

Lismore City Council Meeting held 13 July 2021 - Councillors Expenses and Facilities Policy - January 2021 to June 2021 Reporting 151

Reports Report

Subject Annual Mayor and Councillor Fees

TRIM Record No BP21/391:EF19/22-03

Prepared by Executive Assistant - General Manager and Mayor & Councillors

Reason For the Council to determine the maximum fees payable to the Mayor and Councillors for 2021/22 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 Local Government Remuneration Tribunal each year determines the range of annual fees to be paid to Mayors and Councillors. Council needs to determine within the category range the fees to be paid.

Recommendation That Council determine the fees payable to the Mayor and Councillors for 2021/22.

Background Pursuant to Section 241 of the Local Government Act 1993, the Local Government Remuneration Tribunal has determined the annual fees to be paid to Mayors and Councillors during the period 1 July 2021 to 30 June 2022. The Tribunal has determined a 2 per cent increase in the minimum and maximum fees. The full determination can be viewed at https://www.remtribunals.nsw.gov.au/local- government/current-lgrt-determinations

Lismore City Council is categorised as Regional Centre. Council needs to determine the annual fee to be paid within the minimum and maximum range as determined by the Tribunal. If Council does not fix a fee, the amount defaults to the minimum.

Councillor Fee The Councillor fee for Regional Centre councils is a minimum fee of $14,100 each ($155,100 in total) and a maximum fee of $24,810 each ($272,910 in total). The fee included in the budget by Council for the 2021/22 financial year was the total amount of $242,300 ($22,027 each).

Mayoral Fee The Mayoral fee for Regional Centre councils is a minimum fee of $29,330 and a maximum fee of $61,280. The fee included in the budget by Council for the 2021/22 financial year was the amount of $60,080.

Attachment/s There are no attachments for this report.

Lismore City Council Meeting held 13 July 2021 - Annual Mayor and Councillor Fees 152

Committee Recommendations

Committee Recommendation Committee Recommendation Traffic Advisory Committee Minutes - Meeting of 16 June 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 16 June 2021

Lismore City Council Meeting held 13 July 2021 - Traffic Advisory Committee Minutes - Meeting of 154 16 June 2021

Traffic Advisory Committee Minutes - Meeting of 16 June 2021 Attachment 1

MINUTES OF THE TRAFFIC ADVISORY COMMITTEE MEETING HELD IN THE COUNCIL CHAMBERS OF THE CORPORATE CENTRE, 43 OLIVER AVENUE, GOONELLABAH ON WEDNESDAY, 16 JUNE 2021 AT 10.00AM

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 Andrew Synott (relieving on behalf of Sgt Matthew Linton, Lismore Police).

In Attendance

Barry Goodwin (Design Services Engineer), Kathryn Gray (CBD Activation Officer Item 4.5). and Elsa Whelan (Administration Officer).

Apologies

TAC59/21 An apology for non-attendance was received on behalf of Janelle Saffin, MP (Member for Lismore).

Confirmation of Minutes

The Committee was advised that the Traffic Advisory Committee minutes of 19 May 2021 were received and adopted by Council at its ordinary meeting of 8 June 2021, with the exception of TAC48/21 Request for two additional accessible parking spaces - Molesworth Street, (Lismore Memorial Baths).

Council resolved that for TAC48/21 a parking occupancy survey be undertaken of the existing accessible spaces on the eastern side of Molesworth Street and be reported back to the Committee.

Disclosure of Interest

Nil

Part ‘A’ – Committee Recommendations

4.6 Traffic Guidance Scheme (TMP) - Project Squirrel Request received from Council’s Events team on behalf of the applicant, NF Oceans Productions Pty Ltd, for approval of a Traffic Guidance Scheme for the undertaking of filming for a television program.

NF Oceans Productions is planning to undertake filming of a TV series within the Northern Rivers Region and has identified a couple of sites in the Lismore CBD area for filming.

A Traffic Guidance Scheme (TGS) has been provided with relevant approval applications. The request is to allow the TGS to be effective for one week from Monday to Friday, 21-25 June 2021 to allow for wet weather. The TGS covers the western section of Conway Street between Keen Street and Dawson Street (B62). It is proposed that a U-turn facility be implemented to allow access to the TAFE car park, school and Farmer Charlie’s shopping complex. It is estimated that the change to traffic

Lismore City Council Meeting held 13 July 2021 - Traffic Advisory Committee Minutes - Meeting of 155 16 June 2021

Traffic Advisory Committee Minutes - Meeting of 16 June 2021 Attachment 1

movements will affect one day (currently planned for Monday, 21 June), with a window for the week of 21-25 June to undertake filming, pending fine weather.

There have been no reported incidents relating to traffic management for this company.

TAC60/21 RECOMMENDED that: 1. The Committee support the proposed road closure of Conway Street scheduled for 21 June 2021 from 7am to 7pm and recommend approval of the Traffic Guidance Scheme. 2. The Committee endorse the Traffic Management Plan for the one day event, to be effective for one week from 21–25 June 2021, to allow for wet weather. 3. Event organisers undertake community engagement with stakeholders and advise bus companies and emergency services of the proposed road closure. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Andrew Synott Voting against: Nil.

Part ‘B’ – Determined by Committee

4.1 Speeding Issues - McKenzie Road, Eltham Request from local resident for speed humps to be installed on McKenzie Road, Eltham, to slow down speeding vehicles in the vicinity of the Eltham Public School.

Reports of speeding drivers have been received during peak school times exceeding the 40km/h signs. The site is located north-east of Lismore, approximately 7km north- east of the Bruxner Highway intersection.

McKenzie Road is a local collector road under Council’s road hierarchy in a rural setting and provides connectivity between Cowlong Road to the east and Boatharbour Road to the west. It is approximately 1.2km in length and is a two way undivided rural road approximately 5.5m wide. This intersection is governed by a T-intersection, with school children signage on the approaches to the school precinct. The main entrance to the school is off Boatharbour Road. Further feedback has been sought from the school on this and other traffic related issues.

Note: Road humps are normally installed in urban situations to calm traffic speeds, and in speed environments of 60km/hr or less.

There can be detrimental effects on the installation of road humps including: 1. Traffic noise may increase just before and after the road humps due to braking, acceleration and the vertical displacement of vehicles. 2. they are uncomfortable to vehicle passengers and cyclists 3. they may adversely affect emergency and commercial vehicles 4. they can impact on passenger comfort when used on bus routes.

TAC61/21 AGREED that: 1. The request for road humps (speed humps) be not supported. 2. Traffic counters be installed on McKenzie Road, Eltham, to collect speed and traffic volume data in the vicinity of the school. 3. Council’s Design Services team undertake a sign audit of McKenzie Road and Boatharbour Road. 4. Feedback from the school, traffic data and existing signage be reported back to the Committee for further discussion. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Andrew Synott Voting against: Nil.

Lismore City Council Meeting held 13 July 2021 - Traffic Advisory Committee Minutes - Meeting of 156 16 June 2021

Traffic Advisory Committee Minutes - Meeting of 16 June 2021 Attachment 1

4.2 Request for Convex Mirror - 661 Caniaba Road, Caniaba Request received from the owner of 661 Caniaba Road for the installation of a convex mirror opposite her driveway entrance.

A similar request was received from the previous landowner and was considered by the Committee at its March 2017 meeting, with the following recommendation endorsed.

“TAC 18/17 AGREED that: 1. The request not be supported. 2. The writer be advised that Council has applied for funding under the 2017/2018 NSW Road Safety Program for road improvements on that section of Caniaba Road. (This section of Caniaba Road has been re-nominated under the Safer Roads Funding and Council is waiting for a decision on that nomination.) 3. Maintenance of the owner’s property driveway with the vegetation and trees would assist with visibility issues and Council would give permission to remove some vegetation from the Council road.”

The Committee noted that a speed zone review of this section of Caniaba Road has been undertaken by Transport for NSW, with the recommendation that it be reduced to an 80kph speed zone. (Note: Signage has recently been installed by Council’s Civic Services Section to indicate the change in speed zone to 80kph.)

The existing site is located approximately 1.0km south-west of the Village of Caniaba. Caniaba Road is a local collector road under Council’s road hierarchy and provides connectivity to the Caniaba Village to the north-east continuing onto the Bruxner Highway B60. It also provides connectivity to the town of Casino via Spring Grove Road. It is a two way sealed road with a nominal 6.5m wide sealed pavement. Traffic volume data indicates that average traffic is in the vicinity of 1,200 vehicles per day, including 4.5% of heavy vehicles. There have been no recorded accidents at the site.

The site inspection of 2017 revealed that some modifications to the driveway and embankment removal would assist with sight distance.

Note: Council has previously not supported similar requests unless in extreme circumstances as the mirror does not provide an accurate reflection of traffic and distances can be misleading. The installation of convex mirrors within the road reserve can become a hazard to through traffic, and generally not supported for rural locations with 80kph zones.

TAC62/21 AGREED that: 1. The request for a convex mirror to be located opposite the driveway to 661 Caniaba Road, Caniaba, not be supported. 2. Council’s Civic Services Section undertake roadside maintenance, including removal of trees in the vicinity of 661 Caniaba Road to improve sight distance. 3. Council’s Design Services team investigate the possibility of installing a Concealed Driveway sign on the southern approach No. 661. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Andrew Synott Voting against: Nil.

4.3 Traffic Safety Issues - Intersection of Dunoon Road and Cusack Road, North Lismore Request received from a resident of Cusack Road for responses to be provided to several traffic safety issues and future plans for the road.

The existing site is located approximately 1km north-east of North Lismore, and at the intersection of Dunoon Road and Cusack Road. Cusack Road is a local collector road

Lismore City Council Meeting held 13 July 2021 - Traffic Advisory Committee Minutes - Meeting of 157 16 June 2021

Traffic Advisory Committee Minutes - Meeting of 16 June 2021 Attachment 1

under Council’s road hierarchy and according to the writer, is predominantly used as a “rat run” between Dunoon Road and Woodlawn Road, including cattle trucks, earthmoving equipment, delivery trucks and refuse collection vehicles.

The initial 200m at the western end of the road, is a two way nominal 5.5m wide sealed section, from which there is approximately 0.7km of gravel road. There is no recorded traffic data to consider. There are three residences at the western end, which have direct access onto Cusack Road.

TAC63/21 AGREED that: 1. Council’s Design Services team collect traffic data. 2. Council’s Design Services team provide a concept plan for the intersection of Dunoon Road and Cusack Road to improve safety and traffic calming measures. 3. Relevant Council sections provide a response to the writer’s queries as raised. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Andrew Synott Voting against: Nil.

4.4 City Hall to Wilsons River Pedestrian Spine (Concept) Request received from Council’s Project Officer for feedback from the Committee on the proposed City Hall to Wilsons River Pedestrian Spine project, crossing Molesworth Street, west to Victoria Street and west to the Wilsons River.

The project includes the installation of a pedestrian footpath from the Wilsons River through Heritage Park and comprises way finding signage, feature tree activation and activated entry points. It also includes embellishing the existing pedestrian refuge across Molesworth Street, including the installation of two kerb blisters and painted surface to highlight the pedestrian route.

The Committee last reviewed the installation of kerb blisters in this location in January 2021 as part of the funding nomination for the Revitalisation of Molesworth Street. This project involved the loss of onstreet parking of approximately four spaces. The adopted minute for that project are provided below:

“5.7 Molesworth Main Street Revival Project - Changes to On Street 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.

RECOMMENDED that Council support the proposed changes to parking zones in conjunction with the Molesworth Main Street Revival project.”

Molesworth Street is a primary collector road under Council’s road hierarchy and provides access to the Lismore CBD from State Road B60 (Ballina Road). There is currently onstreet parallel parking, including two Bus zones, located on the western side between the entry and exit driveways of Heritage Park.

TFNSW has raised concern in relation to the proposed red and white pavement markings on Molesworth Street, as indicated on the concept drawings, which could be

Lismore City Council Meeting held 13 July 2021 - Traffic Advisory Committee Minutes - Meeting of 158 16 June 2021

Traffic Advisory Committee Minutes - Meeting of 16 June 2021 Attachment 1

misleading that it is a formal pedestrian crossing.

TAC64/21 AGREED that: 1. The Committee support the Wilsons River Pedestrian Spine Project in principle. 2. The Committee not support the proposed pavement markings on Molesworth Street. 3. The Project Manager investigate existing public lighting at the current pedestrian refuge to ensure lighting meets relevant Australian Standards, and coordinate upgrades as required. 4. The Project Manager ensure pedestrian kerb blisters adjacent to the existing pedestrian refuge, be included in the project. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Andrew Synott Voting against: Nil.

4.5 Relocation of CBD Parklets and Proposed Future Locations Request received from Council’s CBD Activation Officer for the Committee to consider proposed sites within the Central Business District and South Lismore for the relocation of the CBD Parklets.

The project ‘Spaced Out’ is a pedestrian comfort and safety project funded under the Streets as Shared Spaces grant by NSW Department of Planning, Industry and Environment.

The parklets provide pedestrians with temporary infrastructure that repurposes and activates public car spaces within the Lismore CBD for community. The structurally designed and enclosed dining areas give protection to diners from errant vehicle impacts and the plan is to relocate the infrastructure to alternate sites every three to six months. There will be an impact and loss of parking at these locations, comprising one to two parking spaces to provide safety buffer zones on the approach and departure of the structures and also a clear zone to through traffic.

This matter was raised and discussed in November 2020 (refer TAC85/20) with endorsement provided by the Committee for the current sites in Keen Street and Molesworth Street, as follows:

Feedback from Community Consultation The March 2021 results of the first community survey on Your Say Lismore were based on 112 responses. Just over half of the respondents were ‘happy’ or ‘very happy’ with the parklets (50.4%) and in contrast, 40.5% were ‘very unhappy’ or ‘unhappy’. The remaining 9% of respondents felt neutral about the parklets. The main feedback received about improving the parklets was that they were too hot and had accessibility issues.

The survey conducted by the Activation Officer of 150 participants, concluded that the parklets would decrease parking spaces in the area.

To address these concerns, shade sails are currently being installed over the parklets through the grant funds, and staff are currently exploring ways to improve their accessibility for everyone to enjoy.

The CBD Activation Officer, now managing the Parklet Project, will provide further information and feedback about new sites in advance of the January 2022 relocation, and future proposed sites across different centre precincts and potentially beyond the CBD main block. More community feedback, usage data and qualitative evaluation will be completed with the next move to inform the business and broader community along with future upgrades and relocations.

Proposed Sites for July to December 2021 1. 22 Woodlark Street (Parking id 3293) – engagement with business owners has

Lismore City Council Meeting held 13 July 2021 - Traffic Advisory Committee Minutes - Meeting of 159 16 June 2021

Traffic Advisory Committee Minutes - Meeting of 16 June 2021 Attachment 1

commenced. Intended to help link parking behind arcade with other retail, cultural and food attractions across the CBD block. 2. Magellan Street near 59 Magellan Street (Parking id 1506 – engagement with business owners has commenced. Intended to complement new Laneways Project once launched and potentially be activated for Eat the Street and Shine events in August, along with general amenity for people visiting Molesworth and Magellan Street attractions such as the Thursday evening produce markets. Note: Feedback from NSW Police requests future parklet sites not be located in the vicinity of hotels as the facility may encourage the public to linger in and around the infrastructure after closing time and incite hoodlum type behaviour.

TAC65/21 AGREED that: 1. The Committee support the locations identified for installation of two parklets between July and December 2021, being outside 22 Woodlark Street and near 59 Magellan Street. 2. The Project Manager undertake community engagement with nearby businesses for the sites as identified. 3. The Project Manager liaise with Council’s Rangers to obtain car park occupancy rates for the proposed locations. 4. The Project team provide the Committee with proposed locations of future relocations to enable comprehensive consideration. Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Andrew Synott Voting against: Nil.

Items for Discussion

5.1 DA21/57 Proposed Service Station - Intersection of Union Street and Elliott Road, South Lismore Request received from Council’s Development Assessment Officer (Planning) for feedback on the amended design plan of proposed Development Application at Union Street.

Feedback from the Committee was sought in relation to a proposed Development Application, being DA21/57 for the demolition of an existing building and construction of a service station at 135-139 Union Street, South Lismore.

Council has received a response from Transport for NSW containing the below: “1. The intersection of the Bruxner Highway and Elliott Road is an extremely busy intersection, particularly during peak hours. The Traffic Impact Assessment (TIA) has not considered the safety impacts in accordance with Austroads Guide to Road Design Parts 4A and 6 for through, left and right-turning traffic. This needs to take into consideration in any planned improvements to the highway infrastructure and traffic arrangements. It is recommended that consideration should be given to extending the existing splitter island median southwards to past the existing laneway to prevent right-turns into and out of the Bruxner Hwy driveways.”

At the Traffic Advisory Committee meeting of 17 March 2021, it was agreed as follows:

“TAC 35/21 AGREED that: 1. The Committee advise of its concerns about ingress and egress of the proposed development, recommending a left only exit onto Elliott Road, South Lismore. 2. The Committee be included in future traffic approval matters relating to this development.”

Lismore City Council Meeting held 13 July 2021 - Traffic Advisory Committee Minutes - Meeting of 160 16 June 2021

Traffic Advisory Committee Minutes - Meeting of 16 June 2021 Attachment 1

A follow up plan has been provided which details ingress and egress from Union Street (Bruxner Highway B60), including the extension of the central median to the south along Union Street, approximately 35m to the laneway between Elliott Road and Newbridge Street. A two way driveway is proposed off Elliott Road. It is also proposed that vehicles enter the site from the southern driveway and exit from the northern driveway. Reshaping of the driveway should be provided to give drivers more space.

TAC66/21 AGREED that: 1. Council’s Development Assessment team be requested to consider the extension of the median further south on Union Street than indicated on the development plans, to the intersection of Newbridge Street and Foleys Road. 2. The Committee be provided with vehicle manoeuvrability turning paths for the ingress and egress from Union Street for the relevant design vehicle. 3. The median on Elliott Road be extended past the proposed driveway to the service station and a left in/ left out only manoeuvre be implemented.

Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Andrew Synott Voting against: Nil.

5.2 North Lismore Plateau - DA21/221 - Referral for Review - Roads & Traffic Impact Referral received from Council’s Planning area for the Committee to review intersections and traffic impacts for the modified Development Application DA21/221 at 101 Dunoon Road, North Lismore.

This matter was raised in March 2019 in conjunction with a request for a speed zone review.

“4.1 Request for Speed Zone Review - Dunoon Road and Link Road to North Lismore Plateau, North Lismore Request received from Council’s Development Engineer for the Committee to provide feedback for a speed reduction on Dunoon Road from 80 kph to 60 kph in the vicinity of the proposed intersection for the link road to the North Lismore Plateau development.

RECOMMENDED that: 1. The matter of reducing the speed zone on Dunoon Road from 80 kph to 60 kph starting at the end of the current 50 kph zone near the Lismore Showgrounds be deferred to a future meeting pending consultation with relevant Council staff in regard to: a. “Council has considered the potential implications of the change to the wider network function of Dunoon Road and is in agreeance that the proposed speed limit reduction would not adversely impact the local and/or regional network i.e. cause undue traffic delay/congestion; and b. Supporting road infrastructure has been planned to reinforce compliance with the proposed speed limit reduction such as self-regulating intersection treatments (roundabouts), increased signage and delineation measures and traffic calming devices where appropriate”. 2. Council’s Development & Compliance team provide detailed designs to the NSW Roads and Maritime Services for assessment as requested to review proposed infrastructure planned in conjunction with the development. 3. Detailed design plans for the intersection be forwarded to the Traffic Advisory Committee for review. 4. Community consultation be undertaken for the proposed reduced speed zone.”

The amended subdivision plan was provided which included proposed treatments of the intersections that directly intersect with Dunoon Road.

Lismore City Council Meeting held 13 July 2021 - Traffic Advisory Committee Minutes - Meeting of 161 16 June 2021

Traffic Advisory Committee Minutes - Meeting of 16 June 2021 Attachment 1

TAC67/21 AGREED that: 1. Council’s Planning area provide a traffic assessment for the amended subdivision to enable further discussion. 2. Council’s Planning area be advised that the Committee has concerns in regards to the proposed subdivision and road network layout; lack of road hierarchy, thereby presenting the potential for a “rat run” between the northern and southern precincts. 3. The Committee be referred the detailed designs for review.

Voting for: Councillor Bill Moorhouse, Ian Shanahan, Peter Ellem and Sgt Andrew Synott Voting against: Nil.

5.3 Vistara Primary School, Richmond Hill Road, Richmond Hill

A renewed request has been received for the installation of a bus stop at the entrance to the access to Vistara Primary School. This matter was last considered by the Committee in November 2020, with the following recommendation endorsed as a safety issue being created for that location.

“TAC68/20 The Committee not support the request for the installation of a Bus stop in front of Vistara Primary School.”

TAC68/21 AGREED that the matter be resolved between Transport for NSW and Vistara Primary School, with Council’s role to provide design plans if required.

Closure This concluded the business and the meeting terminated at 11.40am.

Lismore City Council Meeting held 13 July 2021 - Traffic Advisory Committee Minutes - Meeting of 162 16 June 2021

Committee Recommendation Committee Recommendation Audit Risk and Improvement Committee Meeting - 26 February 2021

Recommendation That the minutes of the 26 February 2021 meeting be received and adopted and the recommendations contained therein be adopted.

Attachment/s 1.⇩ Audit Risk and Improvement Committee Minutes 26 February 2021

Lismore City Council Meeting held 13 July 2021 - Audit Risk and Improvement Committee Meeting 163 - 26 February 2021

Audit Risk and Improvement Committee Minutes 26 February 2021 Attachment 1

Lismore City Council Meeting held 13 July 2021 - Audit Risk and Improvement Committee Meeting - 26 164 February 2021

Audit Risk and Improvement Committee Minutes 26 February 2021 Attachment 1

Lismore City Council Meeting held 13 July 2021 - Audit Risk and Improvement Committee Meeting - 26 165 February 2021

Audit Risk and Improvement Committee Minutes 26 February 2021 Attachment 1

Lismore City Council Meeting held 13 July 2021 - Audit Risk and Improvement Committee Meeting - 26 166 February 2021

Audit Risk and Improvement Committee Minutes 26 February 2021 Attachment 1

Lismore City Council Meeting held 13 July 2021 - Audit Risk and Improvement Committee Meeting - 26 167 February 2021

Audit Risk and Improvement Committee Minutes 26 February 2021 Attachment 1

Lismore City Council Meeting held 13 July 2021 - Audit Risk and Improvement Committee Meeting - 26 168 February 2021

Documents for Signing and Sealing

Document for Signing and Sealing Document for Signing and Sealing

The following documents have been prepared in accordance with previous resolutions of the Council and/or the provisions of the Local Government Act, 1993 and other relevant statues.

It is now proposed that the Council authorise the execution these documents.

Executive Summary At Council’s ordinary meeting on 13 April 2021 it was resolved that a report be brought back to the May 2021 Council meeting to review the General Manager’s delegations with the intent of restoring a previous practice of reporting all land occupancy agreements to Council under the heading, Documents for Signing & Sealing.

The purpose of this report is to notify Council of those occupancy agreements that have already been substantially negotiated and may be ready for execution prior to the General Manager’s delegations being updated and adopted to reflect the above intent. This report does not recommend the Council seal be affixed to these documents as this would be inconsistent with: a) Council Corporate Procedure 1.1.36, which purpose is to limit use of the Council seal to documents required by law to be signed under seal; and b) the General Manager’s delegations to grant leases and licenses at the time these agreements were negotiated.

This report recommends the following agreements be signed by the General Manager under existing delegations to avoid commercial disadvantage to Council and the proposed occupiers that could suffer if agreements were required to be reported to Council prior to being signed.

The proposed terms of the occupancy agreements are included in the executive summary of this report rather than the resolution to allow sufficient flexibility to negotiate commercial terms. However, it is intended the agreements would be substantially on these terms.

NEW AGREEMENTS

Item A: P33203 and AF21/2089 New Head Lease to Northern Rivers Performing Arts Incorporated (NORPA) and ancillary Variations to the Cultural Alliance Agreement

Background: NORPA manages the City Hall on behalf of Lismore City Council under the Cultural Alliance Agreement dated 20 June 2016 (as amended from time to time). Recent negotiations regarding the Management Fee and discussions around developing alternative funding sources have led to a proposal for NORPA to lease out the kitchen within the City Hall to provide security of tenure by way of a sublease to a third party who has been hiring the facility since February 2018. A lease creates a legal interest in the land which is beyond the scope of the Cultural Alliance Agreement. This can be overcome by Lismore City Council granting a head lease to NORPA.

Premises: Lease of the commercial kitchen and associated non-exclusive license for seating within City Hall at 1 Bounty Street, Lismore, Lot 566 in DP 728127, being Council managed Crown land dedicated as Town Hall.

Lessee: Northern Rivers Performing Arts Incorporated (NORPA)

License Fee: $512 (Ex GST) per annum (or the Crown land statutory minimum rent published from time to time), acknowledging that any sublease revenue will be offset against the Management Fee paid by Council

Lismore City Council Meeting held 13 July 2021 - Documents for Signing 170

Document for Signing and Sealing to NORPA under the Cultural Alliance Agreement.

Term: The original lease term will expire on or before the expiration, or earlier termination of the Cultural Alliance Agreement which is scheduled to expire on 19 June 2026.

Permitted Use: Commercial Kitchen/ Café/ Kiosk/ Restaurant (including the ability to sublet the premises).

Community Consultation: Public notice of the proposed lease was provided in accordance with Section 47 of the Local Government Act, 1993. The public submission period closes at 4pm on 13 July 2021, which is after the date this business paper is released. If public submissions are received prior to this closing deadline, any submissions received will be provided to Councillors via email and made available on the HUB prior to commencement of the ordinary meeting.

Item B: CDR21/1043 New Outdoor Dining License Agreement for Nimbin Pizza & Trattoria New outdoor dining license agreement for a period of one (1) year with Regina Horsfield trading as Nimbin Pizza & Trattoria comprising an area of approximately 10.4m2 over the footpath in front of the restaurant.

Premises: 10.4m2 of footpath in front of Nimbin Pizza & Trattoria, 70 Cullen Street, Nimbin, Lot 1 in DP 361154.

Licensee: Regina Horsfield T/A Nimbin Pizza & Trattoria (ABN 67 424 682 488)

License Fee: Council has removed fees for outdoor dining licenses until 30 June 2021. In November 2020 Council adopted the NSW Outdoor Dining Policy (the Policy) which removed fees for outdoor dining. Council staff are in the process of handing over outdoor dining licenses to Service NSW.

Permitted Use: Outdoor dining as per Council’s existing Outdoor Dining Policy and the Policy.

Item C: CDR19/507 New License to Lismore Swans Junior Australian Football Club Inc New License to Lismore Swans Junior for use over part of the Community land known as Mortimer Oval, the Players Amenities Block and the Tower Block.

Premises: Part of the Community land known as Mortimer Oval, the Players Amenities Block and the Tower Block (located within Lot 22 DP 853496, Lot 1 DP 780009, Lot 13 DP 187874, Lot 4 DP 187874, Lot 10 DP 187874 and Lot 1 DP 997501).

Licensee: Lismore Swans Junior Australian Football Club Inc (ABN 80 600 015 692).

License Fee: The fees set out in the Annual Fees and Charges document which is approved by Council during the Budget process each year.

Term: Five (5) years (no options) from 1 April to 31 August each year. Finals for period 1 September through to 30 September to be booked separately and confirmed subject to availability.

Permitted Use: Playing of AFL, training of players in AFL, AFL club administrative, storage and other ancillary uses as approved by Council.

Lismore City Council Meeting held 13 July 2021 - Documents for Signing 171

Document for Signing and Sealing VARIATIONS Item D: EF09/74-03 Deed of Variation with Richmond Tweed Regional Library (RTRL) that extends the terms and conditions of the expiring Deed of Agreement

At Council’s 9 March 2021 meeting, when considering a report on the above matter, it was resolved that Council:

1. Supports an agreement that extends the terms and conditions of the existing Richmond Tweed Regional Library Deed of Agreement up to 30 June 2022 with an option to extend to 30 June 2023. 2. Supports the investigation of the cooperative and revised Executive Council models to deliver agreed regional library services. 3. If Lismore City Council is the Executive Council of a future agreement to deliver agreed regional library services, all administration and support costs incurred as Executive Council must be recovered from Member Councils.

A Deed of Variation has been prepared in response to Resolution 1.

Recommendation That Council note the following leases, licences and agreements to be executed under delegated authority by the General Manager:

A. New Head Lease to Northern Rivers Performing Arts Incorporated (NORPA) of the commercial kitchen within the Lismore City Hall at 1 Bounty Street, Lismore for a term not exceeding the expiration or early termination of the Cultural Alliance Agreement between NORPA and Lismore City Council dated 20 June 2016 (AF21/2089 and P33203).

B. New Outdoor Dining License with Regina Horsfield T/A Nimbin Pizza & Trattoria (ABN 67 424 682 488) over the footpath in front of Nimbin Pizza & Trattoria, 70 Cullen Street, Nimbin, Lot 1 in DP 361154 (ref CDR21/1043).

C. New License to Lismore Swans Junior Australian Football Club Inc (ABN 80 600 015 692) over Part of the Community land known as Mortimer Oval, the Players Amenities Block and the Tower Block (located within Lot 22 DP 853496, Lot 1 DP 780009, Lot 13 DP 187874, Lot 4 DP 187874, Lot 10 DP 187874 and Lot 1 DP 997501). This license be for the playing of AFL, training of players in AFL, AFL club administrative, storage and other ancillary uses as approved by Council. The Term of the license be for five (5) years (no options) from 1 April to 31 August each year. Finals for period 1 September through to 30 September to be booked separately and confirmed subject to availability (ref CDR19/507).

D. Deed of Variation with Richmond Tweed Regional Library extending the terms and conditions of the existing Richmond Tweed Regional Library Deed of Agreement up to 30 June 2022, with an option to extend to 30 June 2023 (EF09/74-03).

Attachment/s There are no attachments for this report.

Lismore City Council Meeting held 13 July 2021 - Documents for Signing 172

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 T2021-03 Bush Regeneration 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 Tender T2021-04 Road Safety Barrier Systems 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 T2021-09 Emergency Waste Transport and Disposal 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.

Council Meeting held 13 July 2021 - Confidential Matters 174

MINUTES OF THE ORDINARY MEETING OF THE COUNCIL OF THE CITY OF LISMORE HELD IN COUNCIL CHAMBERS ON TUESDAY, 8 JUNE 2021 AT 6PM

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

Mayor, Councillor Ekins; Councillors Bird, Casson, Cook, Guise, Lloyd, Marks, Moorhouse, together with the General Manager, Director Corporate Services, Director Infrastructure Services, Director Partnerships, Planning & Engagement, Manager Finance, Property Officer, Technology Support Officer, Media & Community Relations Coordinator, Acting Manager Governance & Risk and Executive Assistant to the General Manager & Mayor and Councillors.

Apologies and Leave of Absence

80/21 RESOLVED that a leave of absence be accepted for Cr Cook for 7 to 9 July 2021 to attend the Water Management Conference in Narrabri.

(Councillors Marks/Casson)

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

Confirmation of Minutes of Previous Meeting

81/21 RESOLVED that the minutes of the meeting held on 11 May 2021 be confirmed.

Staff amended Item 10.3 to resolution read defeated as per the voting shown.

(Councillors Marks/Cook)

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

Disclosure of Interest

Nil

Council Minutes 8 June 2021

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:

Notices of Rescission 9.2 Development Application 5.2021.51.1 - Detached Dual Occupancy at 4 Rockview Court, Nimbin

FOR Ann Simpson

Stuart Thienpont

Notice of Motions 10.1 Unreasonable Conduct Policy

AGAINST Big Rob

Janine Wilson

Documents for Signing & Sealing 16.1 Documents for Signing

AGAINST Big Rob

Mayoral Minute(s) and Condolence Motions

Lismore City Council Minutes of Council Meeting held 8 June 2021 176

Council Minutes 8 June 2021

Notice of Rescission Motions

9.1 Water Debt

82/21 DEFEATED that Council rescind its decision on Item 10.3 Water Debt made at the meeting of Council held on 11 May 2021.

(Councillors Guise/Lloyd) (BP21/398)

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

9.2 Development Application 5.2021.51.1 – Detached Dual Occupancy at 4 Rockview Court, Nimbin

83/21 RESOLVED that Council rescind its decision on Item 14.3 Development Application 5.2021.51.1 – Detached Dual Occupancy at 4 Rockview Court, Nimbin made at the meeting of Council held on 11 May 2021.

(Councillors Guise/Lloyd) (BP21/400)

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

Matter of Urgency

84/21 MOTION moved that the following issue be considered as a matter of urgency.

(Councillors Guise/Marks)

That the development application 5.2021.51.1 for the proposed detached dual occupancy at 4 Rockview Court, Nimbin, be approved subject to the draft conditions of consent at attachment 1 of the Officers Report provided to Council at its Ordinary Meeting held on 11 May 2021 with the following amended and added conditions.

A. CONDITIONS THAT IDENTIFY APPROVED DEVELOPMENT

Development in Accordance with Plans 1. The development being carried out in accordance with following undated drawings by Northern Rivers Drafting & Building Design:

Lismore City Council Minutes of Council Meeting held 8 June 2021 177

Council Minutes 8 June 2021

Plans numbered Title Revision Drawing A100 Site / Strata Plan A Drawing A0 of 12 House 1 Cover Sheet C Drawing A1 of 12 House 1 Floor Plan A Drawing A2 of 12 House 1 Elevation Two (East) C Drawing A3 of 12 House 1 Elevation Three (South) C Drawing A4 of 12 House 1 Elevation One (North) C Drawing A5 of 12 House 1 Elevation Four (West) C Drawing A8 of 12 House 1 Roof Plan C Drawing A9 of 12 House 1 Part Site Plan B Drawing A10 of 12 House 1 Site Plan A Drawing A11 of 12 Section and Notes C Drawing A0 of 12 House 2 Cover Sheet C Drawing A1 of 12 House 2 Floor Plan A Drawing A2 of 12 House 2 Elevation Two (East) C Drawing A3 of 12 House 2 Elevation Three (South) C Drawing A4 of 12 House 2 Elevation One (North) C Drawing A5 of 12 House 2 Elevation Four (West) C Drawing A8 of 12 House 2 Roof Plan C Drawing A9 of 12 House 2 Part Site Plan B Drawing A10 of 12 House 2 Site Plan A Drawing A11 of 12 Section and Notes C

as endorsed with Council’s approval stamp, and the supporting documents submitted with the application, except where amended by the following conditions.

In the event of any inconsistency between conditions of this approval and the drawings/documents submitted as part of the application, the conditions of this approval prevail.

Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council, Public Information.

Landscaping 5A A landscaping plan shall be submitted to and approved by Council prior to issue of any Construction Certificate. The landscaping plan is to be prepared following reasonable consultation with the adjoining property owners at Lot 34 DP1253871 (7 Rockview Court) and Lot 2 SP102151 (6 Rockview Court) and shall be in accordance with Council’s Landscape Guideline and relevant Development Control Plans. The landscaping plan shall include:

• Plantings along the side boundaries adjacent to each of the approved dwellings are to be selected of species that will not exceed the height of the

Lismore City Council Minutes of Council Meeting held 8 June 2021 178

Council Minutes 8 June 2021

eaves of the approved dwellings; • proposed name, location and mature height of planted shrubs and trees; • location of grassed and paved areas; and • location of Council’s sewer.

The approved landscaping shall be completed prior to the release of any Occupation Certificate and maintained at all times to the satisfaction of Council.

Reason: To ensure appropriate landscaping is provided.

At this time the Mayor ruled this to be a matter of urgency.

85/21 On submission to the meeting the motion was RESOLVED that the development application 5.2021.51.1 for the proposed detached dual occupancy at 4 Rockview Court, Nimbin, be approved subject to the draft conditions of consent at attachment 1 of the Officers Report provided to Council at its Ordinary Meeting held on 11 May 2021 with the following amended and added conditions.

A. CONDITIONS THAT IDENTIFY APPROVED DEVELOPMENT

Development in Accordance with Plans 2. The development being carried out in accordance with following undated drawings by Northern Rivers Drafting & Building Design:

Plans numbered Title Revision Drawing A100 Site / Strata Plan A Drawing A0 of 12 House 1 Cover Sheet C Drawing A1 of 12 House 1 Floor Plan A Drawing A2 of 12 House 1 Elevation Two (East) C Drawing A3 of 12 House 1 Elevation Three (South) C Drawing A4 of 12 House 1 Elevation One (North) C Drawing A5 of 12 House 1 Elevation Four (West) C Drawing A8 of 12 House 1 Roof Plan C Drawing A9 of 12 House 1 Part Site Plan B Drawing A10 of 12 House 1 Site Plan A Drawing A11 of 12 Section and Notes C Drawing A0 of 12 House 2 Cover Sheet C Drawing A1 of 12 House 2 Floor Plan A Drawing A2 of 12 House 2 Elevation Two (East) C Drawing A3 of 12 House 2 Elevation Three (South) C Drawing A4 of 12 House 2 Elevation One (North) C Drawing A5 of 12 House 2 Elevation Four (West) C

Lismore City Council Minutes of Council Meeting held 8 June 2021 179

Council Minutes 8 June 2021

Drawing A8 of 12 House 2 Roof Plan C Drawing A9 of 12 House 2 Part Site Plan B Drawing A10 of 12 House 2 Site Plan A Drawing A11 of 12 Section and Notes C

as endorsed with Council’s approval stamp, and the supporting documents submitted with the application, except where amended by the following conditions.

In the event of any inconsistency between conditions of this approval and the drawings/documents submitted as part of the application, the conditions of this approval prevail.

Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council, Public Information.

Landscaping 5A A landscaping plan shall be submitted to and approved by Council prior to issue of any Construction Certificate. The landscaping plan is to be prepared following reasonable consultation with the adjoining property owners at Lot 34 DP1253871 (7 Rockview Court) and Lot 2 SP102151 (6 Rockview Court) and shall be in accordance with Council’s Landscape Guideline and relevant Development Control Plans. The landscaping plan shall include:

• Plantings along the side boundaries adjacent to each of the approved dwellings are to be selected of species that will not exceed the height of the eaves of the approved dwellings; • proposed name, location and mature height of planted shrubs and trees; • location of grassed and paved areas; and • location of Council’s sewer.

The approved landscaping shall be completed prior to the release of any Occupation Certificate and maintained at all times to the satisfaction of Council.

Reason: To ensure appropriate landscaping is provided.

(Councillors Guise/Marks)

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

Lismore City Council Minutes of Council Meeting held 8 June 2021 180

Council Minutes 8 June 2021

Notice of Motions

10.1 Unreasonable Conduct Policy

MOTION moved that:

1. the draft Unreasonable Conduct Policy and Procedure that was previously considered by Council in February 2020 be amended to include a provision for confidential reporting to councillors any actions taken under the policy every six months or as required via City Notes or in a confidential briefing. 2. the amended policy be placed on public exhibition for 28 days and returned to the July meeting for consideration prior to adoption.

(Councillors Bird/Marks)

AMENDMENT moved and put to the meeting that:

1. the draft Unreasonable Conduct Policy and Procedure that was previously considered by Council in February 2020 be amended to include a provision for confidential reporting to councillors any actions taken under the policy every six months or as required via City Notes or in a confidential briefing. 2. the amended policy be placed on public exhibition for 28 days and returned to the July meeting for consideration prior to adoption. 3. an advisory group is established to manage any unreasonable conduct incidents. The advisory group will be made up of the General Manager, Manager People and Safety and two community members.

(Councillors Lloyd/Guise)

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

86/21 On submission to the meeting the amendment became the motion and was RESOLVED that:

1. the draft Unreasonable Conduct Policy and Procedure that was previously considered by Council in February 2020 be amended to include a provision for confidential reporting to councillors any actions taken under the policy every six months or as required via City Notes or in a confidential briefing. 2. the amended policy be placed on public exhibition for 28 days and returned to the July meeting for consideration prior to adoption. 3. an advisory group is established to manage any unreasonable conduct incidents. The advisory group will be made up of the General Manager, Manager People and Safety and two community members

(Councillors Lloyd/Guise) (BP21/460)

Lismore City Council Minutes of Council Meeting held 8 June 2021 181

Council Minutes 8 June 2021

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

Matters Arising

13.1 Corporate Policy 1.8.24 - Asset Management Policy (Revised)

87/21 RESOLVED that Council rescind the current adopted Policy 1.8.24 Asset Management Policy, and adopts the proposed 2021 Corporate Policy 1.8.24 - Asset Management Policy at Attachment 2 to this report without amendment.

(Councillors Moorhouse/Marks) (BP21/428)

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

Reports of the General Manager

14.1 Investments - May 2021

88/21 RESOLVED that the report be received and noted.

(Councillors Cook/Bird) (BP21/43)

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

Lismore City Council Minutes of Council Meeting held 8 June 2021 182

Council Minutes 8 June 2021

14.2 Council Financial Report - May 2021

89/21 RESOLVED that Councillors note the contents of the report and the potential impact on Council’s 2020/21 Operational Plan.

(Councillors Cook/Marks) (BP21/456)

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

Committee Recommendations

15.1 Minutes of the Floodplain Management Committee meeting of 11 May 2021.

90/21 RESOLVED that the attached minutes of the Lismore Floodplain Management Committee meeting held on 11 May 2021 be received and the recommendations contained in the minutes be endorsed.

(Councillors Bird/Moorhouse) (BP21/388)

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

15.2 Traffic Advisory Committee Minutes - Meeting of 19 May 2021

91/21 RESOLVED that the minutes be received and adopted and the recommendations contained therein be adopted with the exception of TAC48/21.

(Councillors Moorhouse/Bird) (BP21/457)

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

92/21 RESOLVED that for TAC48/21 further surveying be undertaken in relation to the accessible spaces on the eastern side of Molesworth St and be reported back to the Committee.

(Councillors Ekins/Bird) (BP21/457)

Lismore City Council Minutes of Council Meeting held 8 June 2021 183

Council Minutes 8 June 2021

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

15.3 Planning Review Committee Meeting - Minutes 25 May 2021

93/21 RESOLVED that the minutes be received and noted.

(Councillors Bird/Lloyd) (BP21/468)

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

Documents for Signing and Sealing

16.1 Documents for Signing

MOTION moved that Council note the following occupancy agreements to be executed as negotiated by the General Manager: A. New License to Northern NSW Helicopter Rescue Service Pty Ltd to undertake training drills at the Old Quarry located at 30 & 40 Old Quarry Road, North Lismore for training drills. Commencement date and term of License to be determined. License fee of $350 per annum including GST. Draft license has been drawn up and sent to Westpac’s solicitor for review (ref CDR20/1500). Execution of license under delegated authority to be subject to outcomes of NLP RAP being reported to Councillors via City Notes. B. New Grazing Agreement over Flood Channel bounded by Caniaba Street, Three Chain Road and Casino Street, South Lismore generally in accordance with the submissions received and attached with the preferred applicant being the first submission on page 2 of the attachment (ref AF20/4386). C. New Lease to Rous County Council of Lismore Visitor Information Centre, 207 Molesworth Street, Lismore for the commercial operation of a visitor cultural, environmental and information centre (ref T20/31). D. New License to Lismore City Council from Rous County Council of Lismore Visitor Information Centre, 207 Molesworth Street, Lismore for the provision of tourist and visitor information and other tourism-related functions (ref CDR21/488). E. Renew lease to RDO Equipment Pty Ltd for use of road reserve adjoining 9 Three Chain Road, South Lismore. The lease is for a further term of two (2)

Lismore City Council Minutes of Council Meeting held 8 June 2021 184

Council Minutes 8 June 2021

years with no option to renew (ref AF19/3142).

(Councillor Marks/Bird)

AMENDMENT moved that Council note the following occupancy agreements to be executed as negotiated by the General Manager, with the exception of item A to await advice from the NLP RAP and details of the term of the licence and be reported to the July Council meeting.

A. New License to Northern NSW Helicopter Rescue Service Pty Ltd to undertake training drills at the Old Quarry located at 30 & 40 Old Quarry Road, North Lismore for training drills. Commencement date and term of License to be determined. License fee of $350 per annum including GST. Draft license has been drawn up and sent to Westpac’s solicitor for review (ref CDR20/1500). Execution of license under delegated authority to be subject to outcomes of NLP RAP being reported to Councillors via City Notes. B. New Grazing Agreement over Flood Channel bounded by Caniaba Street, Three Chain Road and Casino Street, South Lismore generally in accordance with the submissions received and attached with the preferred applicant being the first submission on page 2 of the attachment (ref AF20/4386). C. New Lease to Rous County Council of Lismore Visitor Information Centre, 207 Molesworth Street, Lismore for the commercial operation of a visitor cultural, environmental and information centre (ref T20/31). D. New License to Lismore City Council from Rous County Council of Lismore Visitor Information Centre, 207 Molesworth Street, Lismore for the provision of tourist and visitor information and other tourism-related functions (ref CDR21/488). E. Renew lease to RDO Equipment Pty Ltd for use of road reserve adjoining 9 Three Chain Road, South Lismore. The lease is for a further term of two (2) years with no option to renew (ref AF19/3142).

(Councillors Lloyd/Guise)

FORESHADOWED motion that Item A be referred to NLP RAP and if there are no objections the matter proceed.

(Councillor Bird)

AMENDMENT put to the meeting that Council note the following occupancy agreements to be executed as negotiated by the General Manager, with the exception of item A to await advice from the NLP RAP and details of the term of the licence and be reported to the July Council meeting.

A. New License to Northern NSW Helicopter Rescue Service Pty Ltd to undertake training drills at the Old Quarry located at 30 & 40 Old Quarry Road, North Lismore for training drills. Commencement date and term of License to be determined. License fee of $350 per annum including GST. Draft license has been drawn up and sent to Westpac’s solicitor for review (ref CDR20/1500).

Lismore City Council Minutes of Council Meeting held 8 June 2021 185

Council Minutes 8 June 2021

Execution of license under delegated authority to be subject to outcomes of NLP RAP being reported to Councillors via City Notes. B. New Grazing Agreement over Flood Channel bounded by Caniaba Street, Three Chain Road and Casino Street, South Lismore generally in accordance with the submissions received and attached with the preferred applicant being the first submission on page 2 of the attachment (ref AF20/4386). C. New Lease to Rous County Council of Lismore Visitor Information Centre, 207 Molesworth Street, Lismore for the commercial operation of a visitor cultural, environmental and information centre (ref T20/31). D. New License to Lismore City Council from Rous County Council of Lismore Visitor Information Centre, 207 Molesworth Street, Lismore for the provision of tourist and visitor information and other tourism-related functions (ref CDR21/488). E. Renew lease to RDO Equipment Pty Ltd for use of road reserve adjoining 9 Three Chain Road, South Lismore. The lease is for a further term of two (2) years with no option to renew (ref AF19/3142).

(Councillors Lloyd/Guise)

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

The voting being tied the Mayor declared the AMENDMENT APPROVED with her casting vote.

94/21 On submission to the meeting the amendment became the motion and was RESOLVED that Council note the following occupancy agreements to be executed as negotiated by the General Manager, with the exception of item A to await advice from the NLP RAP and details of the term of the licence and be reported to the July Council meeting.

A. New License to Northern NSW Helicopter Rescue Service Pty Ltd to undertake training drills at the Old Quarry located at 30 & 40 Old Quarry Road, North Lismore for training drills. Commencement date and term of License to be determined. License fee of $350 per annum including GST. Draft license has been drawn up and sent to Westpac’s solicitor for review (ref CDR20/1500). Execution of license under delegated authority to be subject to outcomes of NLP RAP being reported to Councillors via City Notes. B. New Grazing Agreement over Flood Channel bounded by Caniaba Street, Three Chain Road and Casino Street, South Lismore generally in accordance with the submissions received and attached with the preferred applicant being the first submission on page 2 of the attachment (ref AF20/4386). C. New Lease to Rous County Council of Lismore Visitor Information Centre, 207 Molesworth Street, Lismore for the commercial operation of a visitor cultural, environmental and information centre (ref T20/31). D. New License to Lismore City Council from Rous County Council of

Lismore City Council Minutes of Council Meeting held 8 June 2021 186

Council Minutes 8 June 2021

Lismore Visitor Information Centre, 207 Molesworth Street, Lismore for the provision of tourist and visitor information and other tourism-related functions (ref CDR21/488). E. Renew lease to RDO Equipment Pty Ltd for use of road reserve adjoining 9 Three Chain Road, South Lismore. The lease is for a further term of two (2) years with no option to renew (ref AF19/3142).

(Councillors Lloyd/Guise) (BP21/450)

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

Financial Assistance – Section 356

Confidential Matters – Closed Council Meeting

95/21 RESOLVED that Council now exclude the press and public and meet in Closed Council to consider the following matters;

Item 18.1 Tender T2021-05 Casual Plant Hire 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.

(Councillors Bird/Cook)

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

Lismore City Council Minutes of Council Meeting held 8 June 2021 187

Council Minutes 8 June 2021

Resumption of Open Council

When the Council had resumed its former sitting, the Mayor reported that Council, meeting in Closed Session, had RECOMMENDED:

18.1 Tender T2021-05 Casual Plant Hire

That:

1. Council accept the tenders listed in Table A provided in the report to be appointed to Contract T2021-05 Casual Plant Hire panel of suppliers in accordance with their submission and the Schedule of Rates provided, for the period 1 July 2021 to 30 June 2023 with provision for two, 12-month extensions at Council’s absolute discretion based on satisfactory supplier performance. 2. The tenders listed in Table B provided in the report be passed over for the reasons outlined in the report. 3. Council delegate authority to the General Manager to exercise the options when required, to extend the contract, subject to satisfactory supplier performance.

(Councillors Bird/Moorhouse) (BP21/446)

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

Closure This concluded the business and the meeting terminated at 7.55pm.

CONFIRMED this > > 2021 at which meeting the signature herein was subscribed.

______

MAYOR

Lismore City Council Minutes of Council Meeting held 8 June 2021 188

MINUTES OF THE CONFIDENTIAL MEETING OF THE COUNCIL OF THE CITY OF LISMORE HELD IN COUNCIL CHAMBERS ON TUESDAY, 8 JUNE 2021 AT 6PM

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

Mayor, Councillor Ekins; Councillors Bird, Casson, Cook, Guise, Lloyd, Marks, Moorhouse, together with the General Manager, Director Corporate Services, Director Infrastructure Services, Director Partnerships, Planning & Engagement, Manager Finance, Acting Manager Governance & Risk and Executive Assistant to the General Manager & Mayor and Councillors.

Apologies and Leave of Absence

Nil

Disclosure of Interest for Confidential Matters

Nil

18.1 Tender T2021-05 Casual Plant Hire

1/21 RESOLVED that: 1. Council accept the tenders listed in Table A provided in the report to be appointed to Contract T2021-05 Casual Plant Hire panel of suppliers in accordance with their submission and the Schedule of Rates provided, for the period 1 July 2021 to 30 June 2023 with provision for two, 12-month extensions at Council’s absolute discretion based on satisfactory supplier performance. 2. The tenders listed in Table B provided in the report be passed over for the reasons outlined in the report. 3. Council delegate authority to the General Manager to exercise the options when required, to extend the contract, subject to satisfactory supplier performance.

(Councillors Bird/Moorhouse) (BP21/446)

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

Resumption of Open Council

81/21 RESOLVED that Council reopen the doors to the public and return to open session.

(Councillors Bird/Moorhouse)

Council Minutes 8 June 2021

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

Closure This concluded the business and the meeting terminated at 7.53pm.

CONFIRMED this > > 2021 at which meeting the signature herein was subscribed.

______

MAYOR

Lismore City Council Minutes of Council Meeting held 8 June 2021 190

MINUTES OF THE EXTRA ORDINARY MEETING OF THE COUNCIL OF THE CITY OF LISMORE HELD IN COUNCIL CHAMBERS ON TUESDAY, 15 JUNE 2021 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

Mayor, Councillor Ekins; Councillors Bird, Casson, Cook, Guise, Lloyd, Marks, Moorhouse, together with the General Manager, Director Corporate Services, Director Infrastructure Services, Director Partnerships, Planning & Engagement, Manager Technology & Customer Service, Manager Finance, Principal Accountant, Management Accountant, Manager RTRL, Manager Liveable & Active Communities, Manager Investment & Commerce, Corporate Planning & Engagement Coordinator, Technology Support Officer, Media & Community Relations Coordinator, Acting Manager Governance & Risk and Executive Assistant to the General Manager & Mayor and Councillors.

Apologies and Leave of Absence

Nil

Disclosure of Interest

Nil

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:

Reports of the General Manager 12.3 Final adoption of the 2021/22 Operational Plan

AGAINST Diana Roberts

Council Minutes 15 June 2021

Suspension of Standing Orders

1/21 RESOLVED that standing orders be suspended.

(Councillors Marks/Bird)

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

Resumption of Standing Orders

2/21 RESOLVED that that Council resume standing orders

(Councillors Marks/Bird)

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

12.3 Final adoption of 2021/2022 Operational Plan

3/21 RESOLVED that: 1. All submissions be received and noted. 2. The Imagine Lismore Operational Plan 2021-2022 that includes the following documents be adopted: • The Imagine Lismore Operational Plan activities to be undertaken during 2021-2022 • The 2021-2022 budgeted financials, including revenues and expenses by Program • The 2021-2022 Revenue Policy & Borrowings • The 2021-2022 Fees & Charges.

Subject to the following amendments:

• Additional $46,200 to fund tourism in Nimbin and work with the Nimbin Chamber of Commerce in selecting the officer that will work at the Nimbin Visitor Information Centre. • $50,000 to fund the development of a climate resilience strategy. The Open Spaces Strategy and Cycleway Strategy will be reduced by $25,000 each to accommodate this amendment

Lismore City Council Minutes of Council Meeting held 15 June 2021 192

Council Minutes 15 June 2021

• A reduction in income of $153,000 for compliance levies • Additional $5,100 for RTRL • Additional $5,900 Richmond Valley Council for Emergency Services Levy for contribution to Rural Fire Services • $245,700 Roads to Recovery annual allocations • Discussions be held with the Nimbin Chamber of Commerce in relation to the installation of stairs in the vicinity of 54 Cullen St

(Councillors Bird/Cook) (BP21/474)

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

Reports of the General Manager

12.1 2021/22 Rates and Charges

4/21 RESOLVED that following advertisement of the draft Imagine Lismore Operational Plan – 2021/22 in accordance with Section 405 of the Local Government Act, 1993, Council makes the Rates, Wastewater Charges, Waste Management Charges, Water Charges, Stormwater Management Services Charges and Interest Charges for 2021/22 as set out below:

RATES (1) A Business Rate to be known as the ‘Business Inner CBD’ rate of four point four five nine one (4.4591) cents in the dollar per assessment, on the land value as at base date 1 July 2019 with a base amount of four hundred and twenty three dollars ($423.00) per assessment be now made for the rating year 1 July 2021 to 30 June 2022, on all rateable land within the centre of activity known as the Inner CBD shown as within the red boundary of the map, Schedule C, and that meets the definition of Business as defined in Section 518 of the Local Government Act 1993. The total income from base amounts equates to six point zero (6.0%) percent of the Business Inner CBD income.

(2) A Business Rate to be known as the ‘Business Urban’ rate of one point six three one three (1.6313) cents in the dollar per assessment, on the land value as at base date 1 July 2019 with a base amount of four hundred and twenty three dollars ($423.00) per assessment be now made for the rating year 1 July 2021 to 30 June 2022, on all rateable land within the centre of activity outside the Inner CBD shown as within the red boundary of the map, Schedule C, but within the urban area of Lismore as shown by the red boundary on the map, Schedule D, and that meets the definition of Business as defined in Section 518 of the Local Government Act 1993. The total income from base amounts equates to eight point seven (8.7%) percent of the

Lismore City Council Minutes of Council Meeting held 15 June 2021 193

Council Minutes 15 June 2021

Business Urban income.

(3) A Business Rate to be known as the ‘Business Other’ rate of point eight zero one two (0.8012) of a cent in the dollar per assessment on the land value as at base date 1 July 2019 with a base amount of four hundred and twenty three dollars ($423.00) per assessment be now made for the rating year 1 July 2021 to 30 June 2022, on all rateable land in the City of Lismore but not within the areas defined within the maps, Schedules C and D attached and the Village of Nimbin, as defined by the map of Nimbin in Schedule A, and that meets the definition of Business as defined in Section 518 of the Local Government Act 1993. The total income from base amounts equates to twenty three point zero (23.0%) percent of the Business Other income.

(4) A Business Rate to be known as the ‘Nimbin Business’ rate of point nine seven eight five (0.9785) cents in the dollar per assessment on the land value as at base date 1 July 2019 with a base amount of four hundred and twenty three dollars ($423.00) per assessment be now made for the rating year 1 July 2021 to 30 June 2022, on all rateable land within the Village of Nimbin, as defined by the map of Nimbin in Schedule A, that meets the definition of Business as defined in Section 518 of the Local Government Act 1993. The total income from base amounts equates to sixteen point seven (16.7%) percent of the Nimbin Business income.

(5) A Residential Rate to be known as the ‘Residential’ rate of point five four one two (0.5412) of a cent in the dollar per assessment, on the land value as at base date 1 July 2019 with a base amount of four hundred and twenty three dollars ($423.00) per assessment, be now made for the rating year 1 July 2021 to 30 June 2022, on all rateable land within the centres of population defined and within the red lines shown on the maps in Schedule A attached and meeting the definition of Residential as defined in Section 516 of the Local Government Act 1993. The total income from base amounts equates to thirty three point two (33.2%) percent of the Residential income.

(6) A Residential Rate to be known as the ‘Residential Rural’ rate of point four two two seven (0.4227) of a cent in the dollar per assessment on the land value as at base date 1 July 2019 with a base amount of four hundred and twenty three dollars ($423.00) per assessment, be now made for the rating year 1 July 2021 to 30 June 2022, on all rateable land that meets the definition of Residential except for land within the centres of population defined by the maps in Schedule A attached and meeting the definition of Residential as defined by Section 516 of the Local Government Act 1993. The total income from base amounts equates to twenty six point four (26.4%) percent of the Residential Rural income.

(7) A Farmland Rate to be known as the ‘Farmland’ rate of point four two one four (0.4214) of a cent in the dollar per assessment, on the land value as at base date 1 July 2019 with a base amount of four hundred and twenty three dollars ($423.00) per assessment be now made for the rating year 1 July 2021 to 30 June 2022, on all rateable land in the City of Lismore area that meets the definition of Farmland as defined in Section 515 of the Local Government Act 1993. The total income from base amounts equates to sixteen point nine (16.9%) percent of the Farmland income.

Lismore City Council Minutes of Council Meeting held 15 June 2021 194

Council Minutes 15 June 2021

WASTEWATER CHARGES (8) In accordance with Sections 501 and 539 of the Local Government Act 1993, an annual charge be now made for the provision of sewerage services to single units of residential occupation, residential, as defined in Section 516 (1) (a) of the Local Government Act 1993, including residential strata units of nine hundred and seventy seven dollars ($977.00) per assessment. This charge applies to properties connected to the Lismore Sewer Scheme and is to be known as the ‘Sewer’ charge for the period 1 July 2021 to 30 June 2022, excluding properties charged the Sewer Rebate 1 or Sewer Rebate 2 annual charge.

(9) In accordance with Sections 501 and 539 of the Local Government Act 1993, an annual charge be now made for the provision of sewerage services of four hundred and seventy six dollars and four cents ($476.04) per assessment for all rateable land connected to the Lismore Sewer Scheme in the area as defined by Schedule K, to be known as the ‘North Woodburn Connection’ charge for the period 1 July 2021 to 30 June 2022.

(10) In accordance with Sections 501 and 539 of the Local Government Act 1993, an annual charge, as per the attached Schedule F, where the charge is indicated by the number of units of residential occupancy located on a property, be now made for the provision of sewerage services to a parcel of land connected to the Lismore Sewer Scheme to be known as the ‘Sewer Multiple’ charge for the period 1 July 2021 to 30 June 2022, excluding residential Strata Units.

(11) In accordance with Sections 501 and 539 of the Local Government Act 1993, for all other properties, not being residential land as defined in Section 516 (1) (a) of the Local Government Act 1993, an annual charge be now made for the provision of trade waste services for properties connected to the Lismore Sewer Scheme, as per the attached Schedule G, where the charge is indicated by the number of equivalent tenants or part thereof allocated to an assessment in accordance with the methodology set out in Council’s Wastewater Usage Charging Strategy to be known as the ‘Non- Residential Sewer’ charge, except for properties declared by Lismore City Council to be Established Strength Users, for the period 1 July 2021 to 30 June 2022.

(12) In accordance with Sections 501 and 539 of the Local Government Act 1993, an annual charge be now made for the availability of sewerage services of five hundred and eighty six dollars and twenty cents ($586.20) per assessment for all rateable parcels of land within 75 metres of a Lismore Sewer Scheme main and capable of discharging into that main but not connected thereto to be known as the ‘Sewer Unconnected’ charge for the period 1 July 2021 to 30 June 2022, excluding properties charged the Sewer Rebate 1 or Sewer Rebate 2 annual charge.

(13) In accordance with Sections 501 and 539 of the Local Government Act 1993, an annual charge be now made for the availability of sewerage services to single units of residential occupation, residential, as defined in Section 516 (1) (a) of the Local Government Act, 1993, including residential

Lismore City Council Minutes of Council Meeting held 15 June 2021 195

Council Minutes 15 June 2021

strata units of two hundred and ninety three dollars and ten cents ($293.10) per assessment. This charge applies to occupied properties for which an Occupation Certificate has been issued, which have a self-sufficient or stand-alone onsite system of wastewater management installed and which have no connection to the Lismore Sewer Scheme. In addition, all necessary State or Local Government approvals applicable to the onsite system of wastewater management must have been obtained and the system must be operated in compliance with these approvals. This charge is to be known as the ‘Sewer Rebate 1’ charge for the period 1 July 2021 to 30 June 2022.

(14) In accordance with Sections 501 and 539 of the Local Government Act 1993, an annual charge be now made for the provision of sewerage services to single units of residential occupation, residential, as defined in Section 516 (1) (a) of the Local Government Act 1993, including residential strata units of four hundred and eighty eight dollars and fifty cents ($488.50) per assessment. This charge applies to occupied properties for which an Occupation Certificate has been issued, which have at least one dry composting toilet installed, have no flush toilets installed, but which continue to discharge their grey water to the Lismore Sewer Scheme. In addition, all necessary State or Local Government approvals applicable to the dry composting toilet(s) must have been obtained and the toilet(s) must be operated in compliance with these approvals. This annual charge is to be known as the ‘Sewer Rebate 2’ charge for the period 1 July 2021 to 30 June 2022.

WASTE MANAGEMENT CHARGES (15) An annual charge in accordance with Section 496 of the Local Government Act 1993, for all land within the declared scavenging area within the Lismore Urban Area, a map of which is available at Council’s office, for the removal, weekly, of the approved organic contents of a 240 litre approved mobile waste bin. In addition, on a fortnightly basis, Council will collect the approved recyclable contents of a 240 litre or 360 litre approved mobile bin as well as the approved waste contents of a 120 litre or 140 litre approved mobile bin. This charge is to be known as the ‘Integrated Waste’ collection service for the period 1 July 2021 to 30 June 2022 and will be charged at three hundred and twenty seven dollars and thirty cents ($327.30) per annum. Additional services will be charged at three hundred and twenty seven dollars and thirty cents ($327.30) per annum. Services commenced during the charging period will be charged for on a proportional basis.

(16) An annual charge in accordance with Section 496 of the Local Government Act 1993, for all land within the declared scavenging area within the Lismore Urban Area, a map of which is available at Council’s office, for the removal, on a fortnightly basis, of the approved organic contents of a 240 litre approved mobile waste bin. In addition, on a monthly basis, Council will collect the approved recyclable contents of a 240 litre approved mobile bin as well as the approved waste contents of a 120 litre or 140 litre approved mobile bin. This charge is to be known as the ‘Integrated Waste – Urban Half’ collection service for the period 1 July 2021 to 30 June 2022 and will be charged at one hundred and seventy nine dollars and ninety cents ($179.90) per annum. Additional services will be charged one hundred and seventy nine dollars and ninety cents ($179.90) per annum. Services commenced during the charging period will be charged for on a proportional basis.

Lismore City Council Minutes of Council Meeting held 15 June 2021 196

Council Minutes 15 June 2021

(17) An annual charge in accordance with Section 496 of the Local Government Act 1993, for all land within the declared scavenging area within the Lismore Urban Area, a map of which is available at Council’s office, for the removal, weekly, of the approved organic contents of a 240 litre approved mobile bin. In addition, on a fortnightly basis, Council will collect the approved recyclable contents of a 240 litre or 360 litre approved mobile bin as well as the approved waste contents of a 240 litre approved mobile bin. This charge is to be known as the ‘Integrated Waste – Waste Plus’ collection service for the period 1 July 2021 to 30 June 2022 and will be charged at five hundred and thirty nine dollars and eighty cents ($539.80) per annum. Additional services will be charged at five hundred and thirty nine dollars and eighty cents ($539.80) per annum. Services commenced during the charging period will be charged for on a proportional basis.

(18) An annual charge in accordance with Section 496 of the Local Government Act 1993, for all land within the declared scavenging area within the Lismore Urban Area, a map of which is available at Council’s office, for the removal, weekly, of the approved organic contents of a 240 litre approved mobile bin and the approved waste contents of a 240 litre approved mobile bin. In addition, on a fortnightly basis, Council will collect the approved recyclable contents of a 240 litre or 360 litre approved mobile bin. This charge is to be known as the ‘Integrated Waste – Premium’ collection service for the period 1 July 2021 to 30 June 2022 and will be charged at six hundred and twenty dollars and seventy cents ($620.70) per annum. Additional services will be charged at six hundred and twenty dollars and seventy cents ($620.70) per annum. Services commenced during the charging period will be charged for on a proportional basis.

(19) An annual charge in accordance with Section 496 of the Local Government Act 1993, for all land within the declared scavenging area within the Lismore Urban Area, a map of which is available at Council’s office, for the removal, weekly, of the organic contents of a 240 litre approved mobile waste bin. In addition, on a fortnightly basis, Council will collect the approved recyclable contents of a 240 litre approved mobile bin as well as the approved waste contents of an 80 litre approved mobile bin. This charge is to be known as the ‘Integrated Waste – Discount’ collection service for the period 1 July 2021 to 30 June 2022 and will be charged at two hundred and forty five dollars and twenty cents ($245.20) per annum. Additional services will be charged at two hundred and forty five dollars and twenty cents ($245.20) per annum. Services commenced during the charging period will be charged for on a proportional basis.

(20) An annual charge in accordance with Section 496 of the Local Government Act 1993, for all land within the declared scavenging area within the Lismore Urban Area, a map of which is available at Council’s office, for the removal, subject to approval by the Manager – Commercial Services, of the approved waste contents of an approved mobile bin. This charge is to be known as the ‘Special Needs’ collection service for the period 1 July 2021 to 30 June 2022 and will be charged at three hundred and seventy six dollars and eighty cents ($376.80) per annum. Additional services will be charged at three hundred and seventy six dollars and eighty cents ($376.80) per annum.

Lismore City Council Minutes of Council Meeting held 15 June 2021 197

Council Minutes 15 June 2021

Services commenced during the charging period will be charged for on a proportional basis.

(21) An annual charge in accordance with Section 496 of the Local Government Act 1993, for all land, located outside the urban area of Lismore but within the declared domestic waste scavenging area, a map of which is available at Council’s Corporate Centre for the removal, weekly, of the approved waste contents of a 240 litre approved mobile bin and on a fortnightly basis, the approved recycling contents of a 240 litre or 360 litre approved mobile bin. This charge is to be known as the ‘Waste Collection Service - Rural’ collection service for the period 1 July 2021 to 30 June 2022 and will be charged at four hundred and nine dollars and forty cents ($409.40) per annum. Additional services will be charged at four hundred and nine dollars and forty cents ($409.40) per annum. Services commenced during the charging period will be charged for on a proportional basis.

(22) An annual charge in accordance with Section 496 of the Local Government Act 1993, for all land, located outside the urban area of Lismore but within the declared domestic waste scavenging area, a map of which is available at Council’s Corporate Centre for the removal, fortnightly, of the approved waste contents of a 240 litre approved mobile bin and on a monthly basis the approved recyclable contents of a 240 litre approved mobile bin. This charge is to be known as the ‘Waste Collection Service - Rural Half’ collection service for the period 1 July 2021 to 30 June 2022 and will be charged at two hundred and forty five dollars and ninety cents ($245.90) per annum. Additional services will be charged at two hundred and forty five dollars and ninety cents ($245.90) per annum. Services commenced during the charging period will be charged for on a proportional basis.

(23) An annual charge in accordance with Section 496 of the Local Government Act 1993, for all land, located outside the urban area of Lismore but within the declared rural village service areas, a map of which is available at Council’s Corporate Centre for the removal, weekly, of the approved organic contents of a 240 litre approved mobile bin on a weekly basis, the approved waste contents of a 240 litre approved mobile bin on a fortnightly basis the approved recycling contents of a 240 litre or 360 litre approved mobile bin on a fortnightly basis. This charge is to be known as the ‘Waste Collection Service – Rural Village’ collection service for the period 1 July 2021 to 30 June 2022 and will be charged at four hundred and nine dollars and forty cents ($409.40) per annum. Additional services will be charged at four hundred and nine dollars and forty cents ($409.40) per annum. Services commenced during the charging period will be charged for on a proportional basis.

(24) An annual charge in accordance with Section 496 of the Local Government Act 1993, for all land, located outside the urban area of Lismore but within the declared rural village service areas, a map of which is available at Council’s Corporate Centre for the removal, weekly, of the approved organic contents of a 240 litre approved mobile bin on a fortnightly basis, the approved waste contents of a 240 litre approved mobile bin on a monthly basis the approved recycling contents of a 240 litre or 360 litre approved mobile bin on a monthly basis. This charge is to be known as the ‘Waste Collection Service – Rural Village Half’ collection service for the period 1 July 2021 to 30 June 2022 and

Lismore City Council Minutes of Council Meeting held 15 June 2021 198

Council Minutes 15 June 2021

will be charged at two hundred and forty five dollars and ninety cents ($245.90) annum. Additional services will be charged at two hundred and forty five dollars and ninety cents ($245.90) per annum. Services commenced during the charging period will be charged for on a proportional basis.

(25) An annual charge in accordance with Section 501 of the Local Government Act 1993, for all properties, located within the urban area of Lismore, a map of which is available at Council’s Corporate Centre, whose waste does not meet the definition of domestic waste contained within the Local Government Act 1993 and where Council collects the approved waste contents of an approved 240 litre mobile waste bin and the approved contents of a 240 litre approved resource recovery bin on a weekly basis from that property. This charge is to be known as the ‘Waste Collection – Urban Business’ charge for the period 1 July 2021 to 30 June 2022 and will be charged at four hundred and thirty four dollars and twenty cents ($434.20) per annum. Additional services will be charged at four hundred and thirty four dollars and twenty cents ($434.20) per annum. Services commenced during the year a proportional charge will be made.

(26) An annual charge in accordance with Section 501 of the Local Government Act 1993, for all properties, located outside the urban area of Lismore but within the declared waste scavenging area, a map of which is available at Council’s Corporate Centre, whose waste does not meet the definition of domestic waste contained within the Local Government Act 1993 and where Council collects the approved waste contents of an approved 240 litre mobile waste bin on a weekly basis and the approved contents of a 240 litre or 360 litre approved recycling bin on a fortnightly basis from that property. This charge to be known as the ‘Waste Collection – Rural Business’ charge for the period 1 July 2021 to 30 June 2022 and will be charged at four hundred and five dollars and twenty five cents ($405.25) per annum. Additional services will be charged at four hundred and five dollars and twenty five cents ($405.25) per annum. Services commenced during the year a proportional charge will be made.

(27) An annual charge in accordance with Section 496 of the Local Government Act 1993, for all land within the declared domestic waste scavenging areas, both urban and rural, maps of which are available at Council’s Corporate Centre, not utilising the domestic waste management service provided by Council to be known as the ‘Waste Availability’ charge, of eleven dollars and forty cents ($11.40) per assessment, except for all land located within the Nimbin and District service area (Schedule I attached), maps of which are available at Council’s Corporate Centre, for the provision of the Nimbin Transfer Station Facility, for the period 1 July 2021 to 30 June 2022.

(28) An annual charge in accordance with Section 501 of the Local Government Act 1993, for all land within the Lismore City Council area, to be known as the ‘Waste Minimisation’ charge, of sixty five dollars ($65.00) per assessment, except for all land located within the Nimbin and District service area (Schedule I attached), maps of which are available at Council’s Corporate Centre, for the provision of the Nimbin Transfer Station Facility, for the period 1 July 2021 to 30 June 2022. This charge attracts GST.

Lismore City Council Minutes of Council Meeting held 15 June 2021 199

Council Minutes 15 June 2021

(29) An annual charge in accordance with Sections 501 and 541 of the Local Government Act, 1993, for all land located within the Nimbin and District service area (Schedule J attached), maps of which are available at Council’s Corporate Centre, for the provision of the Nimbin Transfer Station, of one hundred and fifty dollars ($157.80) per assessment and for properties with multiple units of residential occupancy a charge of one hundred and fifty dollars ($157.80) per unit of residential occupancy located on each assessment, to be known as the ‘Transfer Station’ charge for the period 1 July 2021 to 30 June 2022. Properties paying for a waste collection service are exempt from this charge.

WATER CHARGES (30) In accordance with Section 502 of the Local Government Act 1993, for water recorded by the water meter on a property, a charge of four dollars and forty four cents ($4.44) per kilolitre for the year 1 July 2021 to 30 June 2022 to be known as the ‘Consumption’ charge is made.

(31) In accordance with Sections 501, 539 and 541 of the Local Government Act 1993, an annual charge be now made for the year 1 July 2021 to 30 June 2022 for the provision of water and water service availability, based on the size of the water service connected to a property. For a property which has two or more water connections, the cost of the services will be the total number of services multiplied by the fixed service charged; in cases where different sized services are connected, the sum of the cost of the fixed service charges, except for Perradenya (Recycled) services which are not charged an annual charge, and water connections used solely for firefighting services, the cost of which shall be three hundred and twenty five dollars and ninety two cents ($325.92) per firefighting service, to be known as the ‘Fixed Service Charge’ is hereby made in respect of:

Size of Service Fixed Service Charge 20mm $ 325.92 25mm $ 509.24 32mm $ 834.32 40mm $ 1,303.64 50mm $ 2,036.92 65mm $ 3,442.40 80mm $ 5,214.52 100mm $ 8,147.68 150mm $18,332.28

(32) In accordance with Sections 501, 539 and 541 of the Local Government Act 1993 an annual charge, for the availability of water to property not connected to Council’s water supply but capable of connection thereto and within 225 metres of a Council water main in accordance with Section 552 (1)(b) of the Local Government Act 1993, for the year 1 July 2021 to 30 June 2022, to be known as the ‘Water Availability’ charge, of three hundred and twenty five dollars and ninety two cents ($325.92) per assessment is made, excluding properties paying the Water Rebate charge.

(33) In accordance with Sections 501, 539 and 541 of the Local Government

Lismore City Council Minutes of Council Meeting held 15 June 2021 200

Council Minutes 15 June 2021

Act 1993, an annual charge be now made for the availability of water to residential properties, residential as defined in Section 516 (1) (a) of the Local Government Act 1993, including residential strata units, of one hundred and sixty two dollars and ninety six cents ($162.96) per assessment. This charge applies to occupied residential properties for which an Occupation Certificate has been issued, which have a self-sufficient stand-alone system of water supply installed and which have no connection to Council’s reticulated water supply. In addition, all necessary State or Local Government approvals applicable to self-sufficient stand-alone water supply must have been obtained and the system must be operated in compliance with these approvals. This charge is to be known as the ‘Water Rebate’ charge for the period 1 July 2021 to 30 June 2022.

STORMWATER MANAGEMENT SERVICES CHARGE (34) An annual charge in accordance with Section 496A (1) of the Local Government Act 1993, for all eligible residential property, as defined, excluding residential strata units, within the Tucki Tucki Creek catchment area shown on Schedule H, of twenty five dollars ($25.00) per assessment, to be known as the ‘Stormwater Charge - Residential - Tucki’ for the period 1 July 2021 to 30 June 2022.

(35) An annual charge in accordance with Section 496A (1) of the Local Government Act 1993, for all eligible residential property, as defined, excluding residential strata units, within the Wilsons River catchment area shown on Schedule I, of twenty five dollars ($25.00) per assessment, to be known as the ‘Stormwater Charge - Residential – Wilsons River’ for the period 1 July 2021 to 30 June 2022.

(36) An annual charge in accordance with Section 496A (1) of the Local Government Act 1993, for all residential strata units and all residential company titled units within the Tucki Tucki Creek catchment area shown on the map in Schedule H, of twelve dollars and fifty cents ($12.50), to be known as the ‘Stormwater Charge - Res Strata - Tucki’ for the period 1 July 2021 to 30 June 2022.

(37) An annual charge in accordance with Section 496A (1) of the Local Government Act 1993, for all residential strata units and all residential company titled units within the Wilsons River catchment area shown on the map in Schedule I, of twelve dollars and fifty cents ($12.50), to be known as the ‘Stormwater Charge - Res Strata – Wilsons River’ for the period 1 July 2021 to 30 June 2022.

(38) An annual charge in accordance with Section 496A (1) of the Local Government Act 1993, for all business/commercial and industrial property, except for business/commercial and industrial strata units and company titled units, located within the Tucki Tucki Creek catchment area of Lismore shown on the map in Schedule H, of twenty five dollars ($25.00) for each 350m2 or part thereof subject to the following; for properties up to 4,200m2 in area, the charge will be $25 per 350m2 or part thereof to a maximum of $300; for properties whose area exceeds 4,200m2, $25 for each 350m2 or part thereof, subject to any reduction due to the porous nature of the property which has been determined using Council’s adopted Stormwater Appeals Procedure and the charge is to be known as the ‘Stormwater Charge - Business Tucki’ for

Lismore City Council Minutes of Council Meeting held 15 June 2021 201

Council Minutes 15 June 2021

the period 1 July 2021 to 30 June 2022.

(39) An annual charge in accordance with Section 496A (1) of the Local Government Act 1993, for all business/commercial and industrial property, except for business/commercial and industrial strata units and company titled units, located within the Wilsons River catchment area of Lismore shown on the map in Schedule I, of twenty five dollars ($25.00) for each 350m2 or part thereof subject to the following; for properties up to 4,200m2 in area, the charge will be $25 per 350m2 or part thereof to a maximum of $300; for properties whose area exceeds 4,200m2, $25 for each 350m2 or part thereof, subject to any reduction due to the porous nature of the property which has been determined using Council’s adopted Stormwater Appeals Procedure and the charge is to be known as the ‘Stormwater Charge - Business – Wilsons River’ for the period 1 July 2021 to 30 June 2022.

(40) An annual charge in accordance with Section 496A (1) of the Local Government Act 1993, for all eligible business/commercial and industrial strata units and company titled units, located within the Tucki Tucki Creek catchment area of Lismore shown on the map in Schedule H, to be calculated at twenty five dollars ($25.00) for every 350m2 or part thereof of the total property and the product of that calculation being divided by the sum of the strata unit entitlement or the total sum of units of the company title with the product of that calculation being multiplied by the individual strata unit entitlement or company title entitlement to give the charge that is to be known as the ‘Stormwater Charge - Bus Strata - Tucki’, subject to a minimum charge of $25 per assessment, for the period 1 July 2021 to 30 June 2022.

(41) An annual charge in accordance with Section 496A (1) of the Local Government Act 1993, for all eligible business/commercial and industrial strata units and company titled units, located within the Wilsons River catchment area of Lismore shown on the map in Schedule I, to be calculated at twenty five dollars ($25.00) for every 350m2 or part thereof of the total property and the product of that calculation being divided by the sum of the strata unit entitlement or the total sum of units of the company title with the product of that calculation being multiplied by the individual strata unit entitlement or company title entitlement to give the charge that is to be known as the ‘Stormwater Charge - Bus Strata – Wilsons River’, subject to a minimum charge of $25 per assessment, for the period 1 July 2021 to 30 June 2022.

INTEREST CHARGES (42) In accordance with Section 566 (3) of the Local Government Act 1993, the interest rate on outstanding rates and charges will be 6.0% and for the period 1 July 2021 to 30 June 2022.

(Councillors Marks/Bird) (BP21/425)

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

Lismore City Council Minutes of Council Meeting held 15 June 2021 202

Council Minutes 15 June 2021

12.2 2021/22 Capital Works & Fleet Replacement Program - Delegations to General Manager to Determine Tenders and Award Contracts

5/21 RESOLVED that for project/s included in the 2021/22 Transport Assets Capital Works Program and Fleet Replacement Program which are subject of a tender process to deliver all or part of the project scope: 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/s up until 1 December 2021. 2. In accordance with Section 393B(2) of the Local Government Act, 1993, in the event that a capital works tender requires determination within the Council caretaker period, the General Manager is authorised to write to the Minister for Local Government seeking consent to exercise its functions relating to the award of contracts. 3. Upon acceptance of a suitable tender and consent from the Minister (if applicable), the General Manager be authorised to execute a contract for the specific package of work. 4. The General Manager report to Councillors via City Notes the details of the successful tenderers and provide progress updates throughout the delivery of the projects under this delegation.

(Councillors Marks/Cook) (BP21/368)

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

At an Extra Ordinary Council meeting on 22 June 2021 Council resolved to amend point 2.

Lismore City Council Minutes of Council Meeting held 15 June 2021 203

Council Minutes 15 June 2021

Confidential Matters – Closed Council Meeting

6/21 RESOLVED that Council now exclude the press and public and meet in Closed Council to consider the following matters;

Item 16.1 Security Services Tender Review Grounds for Closure Section 10A(2) (d ii): 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 confer a commercial advantage on a competitor of the Council.

(Councillors Bird/Marks)

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 Mayor reported that Council, meeting in Closed Council, had RECOMMENDED:

16.1 Security Services Tender Review

That: 1. In accordance with Clause 178 (1)(b), of the Local Government (General) Regulations 2005, Council decline to accept any of the tenders with respect to Tender T2021-1 Security Services, Category 1 - Alarm Monitoring, Security Patrols of Assets, Lismore City Safe Program (CBD Safety Patrols and Safety Camera Monitoring), Duress Alarm, Money Escort, Airport Runway Inspections. 2. In accordance with Clause 178 (3)(a), of the Local Government (General) Regulations 2005, and as a result of the review of the services to be delivered which would significantly change the technical specifications of the original tender, Council cancel the proposal for the contract for Category 1 - Alarm Monitoring, Security Patrols of Assets, Lismore City Safe Program (CBD Safety Patrols and Safety Camera Monitoring), Duress Alarm, Money Escort, Airport Runway Inspections 3. In accordance with Clause 178 Section (3)(f), of the Local Government (General) Regulations 2005, Council will invite, in accordance with clause 167, 168 or 169, fresh tenders based on the same or different details. 4. In accordance with Section 377 (1) of the Local Government Act 1993, delegated authority be given to the General Manager to execute all contract documentation relating to the new security services provision. 5. The General Manager report to Councillors via City Notes the details of the successful tenderer and provide updates throughout the works delivery progress.

Lismore City Council Minutes of Council Meeting held 15 June 2021 204

Council Minutes 15 June 2021

(Councillors Bird/Cook) (BP21/478)

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

Councillor Eddie Lloyd left the meeting, the time being 7:47PM Councillor Elly Bird left the meeting, the time being 7:49PM Councillor Adam Guise left the meeting, the time being 7:49PM Councillor Eddie Lloyd returned to the meeting, the time being 7:49PM Councillor Elly Bird returned to the meeting, the time being 7:50PM

Closure

This concluded the business and the meeting terminated at 7.50pm.

CONFIRMED this > of > 2021 at which meeting the signature herein was subscribed.

______

MAYOR

Lismore City Council Minutes of Council Meeting held 15 June 2021 205

MINUTES OF THE CONFIDENTIAL EXTRA ORDINARY MEETING OF THE COUNCIL OF THE CITY OF LISMORE HELD IN COUNCIL CHAMBERS ON TUESDAY, 15 JUNE 2021 AT 6PM

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

Mayor, Councillor Ekins; Councillors Bird, Casson, Cook, Guise, Lloyd, Marks, Moorhouse, together with the General Manager, Director Corporate Services, Director Infrastructure Services, Director Partnerships, Planning & Engagement, Manager Technology & Customer Service, Acting Manager Governance & Risk and Executive Assistant to the General Manager & Mayor and Councillors.

Apologies and Leave of Absence

Nil

Disclosure of Interest

Nil

16.1 Security Services Tender Review

1/21 RESOLVED that: 1. In accordance with Clause 178 (1)(b), of the Local Government (General) Regulations 2005, Council decline to accept any of the tenders with respect to Tender T2021-1 Security Services, Category 1 - Alarm Monitoring, Security Patrols of Assets, Lismore City Safe Program (CBD Safety Patrols and Safety Camera Monitoring), Duress Alarm, Money Escort, Airport Runway Inspections. 2. In accordance with Clause 178 (3)(a), of the Local Government (General) Regulations 2005, and as a result of the review of the services to be delivered which would significantly change the technical specifications of the original tender, Council cancel the proposal for the contract for Category 1 - Alarm Monitoring, Security Patrols of Assets, Lismore City Safe Program (CBD Safety Patrols and Safety Camera Monitoring), Duress Alarm, Money Escort, Airport Runway Inspections 3. In accordance with Clause 178 Section (3)(f), of the Local Government (General) Regulations 2005, Council will invite, in accordance with clause 167, 168 or 169, fresh tenders based on the same or different details. 4. In accordance with Section 377 (1) of the Local Government Act 1993, delegated authority be given to the General Manager to execute all contract documentation relating to the new security services provision. 5. The General Manager report to Councillors via City Notes the details of the successful tenderer and provide updates throughout the works delivery progress.

(Councillors Bird/Cook) (BP21/478)

Council Minutes 15 June 2021

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

Resumption of Open Council

97/21 RESOLVED that Council reopen the doors to the public and return to open session.

(Councillors Bird/Marks)

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

Closure

This concluded the business and the meeting terminated at 7.47pm.

CONFIRMED this > of > 2021 at which meeting the signature herein was subscribed.

______

MAYOR

Lismore City Council Minutes of Council Meeting held 15 June 2021 207

MINUTES OF THE EXTRA ORDINARY MEETING OF THE COUNCIL OF THE CITY OF LISMORE HELD IN COUNCIL CHAMBERS ON TUESDAY, 22 JUNE 2021 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

Mayor, Councillor Ekins; Councillors Bird, Casson, Cook, Guise, Lloyd, Marks, Moorhouse, together with the General Manager, Director Corporate Services, Director Infrastructure Services, Director Partnerships, Planning & Engagement, Technology Support Officer, Acting Manager Governance & Risk and Executive Assistant to the General Manager & Mayor and Councillors.

Disclosure of Interest

Nil

Reports of the General Manager

12.1 2021/22 Capital Works & Fleet Replacement Program - Delegations to General Manager to Determine Tenders and Award Contracts

6/21 RESOLVED that Council alter point 2 of the resolution from the Ordinary Council Meeting on 15 June 2021 to read

2. In accordance with Section 393B(2) of the Local Government (General) Regulation 2005, in the event that a capital works tender requires determination within the Council caretaker period, the General Manager is authorised to write to the Minister for Local Government seeking consent to exercise its functions relating to the award of contracts.

(Councillors Bird/Cook) (BP21/532)

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

Council Minutes 22 June 2021

Confidential Matters – Closed Council Meeting

7/21 RESOLVED that Council now exclude the press and public and meet in Closed Council to consider the following matters;

Item 16.1 Recruitment of General Manager Grounds for Closure Section 10A(2) (a): Public Interest Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to: personnel matters concerning particular individuals (other than councillors).

(Councillors Marks/Bird)

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

General Manager, Director Corporate Services, Director Infrastructure Services, Director Partnerships, Planning & Engagement and Technology Support Officer left the meeting.

Resumption of Open Council

8/21 When the Council had resumed its former sitting, the Mayor reported that Council, meeting in Closed Council, had RECOMMENDED:

16.1 Recruitment of General Manager RESOLVED that: 1. Council delegate authority to the Mayor to make an offer of employment to the candidate number one as identified by the Performance Review Committee and take the necessary steps to finalise the employment contract. The offer being for a four year contract and the total remuneration package recommended by Capstone Recruitment. 2. If the offer is not accepted the Mayor be delegated to make an offer of employment to the candidate identified as the number two by the Performance Review Committee and take the necessary steps to finalise the employment contract. The offer being for a four year contract and the total remuneration package recommended by Capstone Recruitment.

(Councillors Ekins/Cook) (BP21/520)

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

Lismore City Council Minutes of Council Meeting held 22 June 2021 209

Council Minutes 22 June 2021

Closure

This concluded the business and the meeting terminated at 6.12pm.

CONFIRMED this > of > 201> at which meeting the signature herein was subscribed.

______

MAYOR

Lismore City Council Minutes of Council Meeting held 22 June 2021 210

MINUTES OF THE CONFIDENTIAL EXTRA ORDINARY MEETING OF THE COUNCIL OF THE CITY OF LISMORE HELD IN COUNCIL CHAMBERS ON TUESDAY, 22 JUNE 2021 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

Mayor, Councillor Ekins; Councillors Bird, Casson, Cook, Guise, Lloyd, Marks, Moorhouse, together with the Acting Manager Governance & Risk and Executive Assistant to the General Manager & Mayor and Councillors.

Disclosure of Interest

Nil

16.1 Recruitment of General Manager

6/21 RESOLVED that: 1. Council delegate authority to the Mayor to make an offer of employment to the candidate number one as identified by the Performance Review Committee and take the necessary steps to finalise the employment contract. The offer being for a four year contract and the total remuneration package recommended by Capstone Recruitment. 2. If the offer is not accepted the Mayor be delegated to make an offer of employment to the candidate identified as the number two by the Performance Review Committee and take the necessary steps to finalise the employment contract. The offer being for a four year contract and the total remuneration package recommended by Capstone Recruitment.

(Councillors Ekins/Cook) (BP21/520)

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

Council Minutes 22 June 2021

Resumption of Open Council

7/21 RESOLVED that Council reopen the doors to the public and return to open session.

(Councillors Bird/Marks)

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

Closure

This concluded the business and the meeting terminated at 6.09pm.

CONFIRMED this > of > 201> at which meeting the signature herein was subscribed.

______

MAYOR

Lismore City Council Minutes of Council Meeting held 22 June 2021 212