Record of Public Forum

 

 

held  Via Zoom commencing at

12 noon on Wednesday, 16 December 2020

 

Leanne Barnes

General Manager

 

 

 

 


Public Forum Agenda

16 December 2020

Public Forum

 

1     New Business

4.1       Public Forum Submissions Recieved.......................................................................... 3   


 

4.1Public Forum Submissions Recieved     

Deputations for the Public Forum of 16 December 2020 were received and circulated to Councillors.

Mayor, Russell Fitzpatrick

 

Public Forum

Held on Wednesday 16 December 2020 at 12:00 noon

Via Zoom

Present:

Cr Russell Fitzpatrick Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Cathy Griff

Cr Kristy McBain

Cr Mitchell Nadin

 

In Attendance:

General Manager, Ms Leanne Barnes

Director, Assets and Operations, Mr Anthony McMahon

Director,  Community, Environment and Planning, Dr Alice Howe

Director, Business and Governance, Ms Iliada Bolton

Project Lead – Recovery, Rebuilding and Resilience, Mr Chris Horsburgh

Manager, Communication and Events, Ms Emily Harrison

Minute Secretary, Mrs Bec Jones

 

Statement of Commencement of Live Streaming

The Mayor made an announcement about live streaming requirements noting that:

Public Forums are recorded and live streamed to the Internet for public viewing.

The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au.

Acknowledgement of Traditional Custodians of Bega Valley Shire

The Mayor commenced by acknowledging, on behalf of Bega Valley Shire Council, the Traditional Custodians of the lands and waters of the Shire, the people of Yuin nation, to show respect to elders past and present.

Apologies

There were no apologies.

 

 

 

 

 

 

 

Public Forum Addresses

The following addresses were heard regarding:

Item 8.1 Outcome of exhibition of amendment to Bega Valley Development Control Plan 2013 – Aboriginal Heritage

FOR

 

Name

Representing

Method

Comment

1

Mr Ross Mackay

Self

Audio Visual via Zoom

I will speak to the following recommendations made in my written submissions:
- Council consider amending the objectives to make them more reflective of Council’s specific aspirations and objectives for Aboriginal heritage in the Bega Valley, including by replication of or reference to clauses 5(1), 6(i), 6(ii) and 6(iv) of the Memorandum of Understanding between Bega, Eden and Merriman’s Local Aboriginal Lands Councils (7 August 2019).
- Council add an objective of allowing Aboriginal people to be decision-makers in relation to their culture and heritage.
- Council add an objective that this chapter of the DCP intends to facilitate the involvement of the Bega Valley Aboriginal community in assessment and decision-making processes regarding land use proposals which impact on Aboriginal culture and heritage, consistent with article 11 of the United Nations Declaration on the Rights of Indigenous Peoples.
- Council should require specific consultation with the relevant local Aboriginal Land Council, any native title holders or claimants for the area and any registered Aboriginal owners in the vicinity. Council should consult with the BEM Liaison Committee as to whether there are any other Aboriginal people, groups or organisations that should be given specific consultation rights, either for the whole of the Shire or for specific areas within the Shire.
- A requirement should be inserted under the heading ‘Assessment by a qualified person’ that representatives from the parties identified in the process in recommendation 6 must be engaged to carry out the Due Diligence assessment.
- A requirement should be inserted under the heading ‘Aboriginal Cultural Heritage Assessment Report’ that the parties identified in the process in recommendation 6 must be consulted with in the preparation of any Aboriginal Heritage Impact Statement or Aboriginal Cultural Heritage Assessment Report. It should be noted that such consultation may occur in the conduct of the assessment in accordance with the relevant State policies and guidelines and, if so, does not need to be separately conducted.
- Provisions should be inserted requiring that the BEM Liaison Committee, or representatives identified by the BEM Liaison Committee, be provided with a copy of all assessments provided under this chapter of the DCP to review for accuracy and adequacy, and report back to Council.
- Council should investigate mechanisms, either in the DCP or the BVLEP, to create a requirement that Council consult with the Aboriginal community when deciding whether to approve development which has been assessed, pursuant to the DCP process, as harming or being likely to harm Aboriginal heritage.
- Council should investigate mechanisms, either in the DCP or the BVLEP, to create a right for members of the Aboriginal community to request an internal review of development approvals granted by Council regarding development which has been assessed, pursuant to the DCP process, as harming or being likely to harm Aboriginal heritage.
- Figure 5.1b should include all sites registered on AHIMS as areas of high probability for Aboriginal cultural heritage values.

 

 

Item 8.2 Planning proposal to permit dwellings on deemed concessional lots

AGAINST

 

Name

Representing

Method

Comment

1

Mr Garret Barry

Clients:

· Clyde Thomas

· TeArna Westaway

· David Grugeon

· Robert Pelnens

· John Clarke

· Glen Tucker

(Authority Received)

Audio Visual via Zoom

See speakers notes provided in Attachment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Item 8.2 Planning proposal to permit dwellings on deemed concessional lots

AGAINST

 

Name

Representing

Method

Comment

2

Mr Robert Pelnens

Self

Audio Visual via Zoom

I will leave the technical side of it to Mr Garret Barry Private Town Planner whom I have given permission to do so in his address to council.

I had to try to find someone 4 years ago to help me and my options were limited and Garret turned out to be the man as it was all beyond me when the council informed me I had no right to build on my land anymore, that they had no paperwork on my land in their files from when I originally had purchased the land, etc, etc. That I had been basically paying Rural Residential rates on land for more than 20 years and that due to a change in NSW Planning laws in 2013 which I was also unaware of till then that had basically taken away my rights to build in order to stop others for whatever reason, that NSW Planning had to tie up a loose end, that I was taken as a sacrificial pig under the watch of Bega Council Town Planners, taken out to slaughter without any right to redress for the advantage of others and yet I still pay my Rural Residential rates to Bega Council without question and without any assistance from the council on how to rectify this unjust, I'd say even un-Australian situation.
I want to retire and be a custodian of my land in peace and serenity in a shire that has been made famous in Australian history by the names of Kameruka, Tilba Tilba, Eden, Bodalla, Bermagui, yes and our beloved Bega too, to look after my land and monitor it for fire or damage, to keep out the vandals who leave their trash that they can't dump or don't want to dump in the council facilities, thieves, etc. Yes, that's right thieves stealing timber amongst other things, and have been cutting down my trees. I was surprised when talking to a planner in general that they had never heard or were even unaware of something called a Nissen Hut and yet they are dotted all around NSW and at a sad point in world history provided shelter to hundreds of thousands of post-war immigrants to NSW for decades. Another planner was unaware of the famous Chinese Diggings in the Bega area and yet they are advertised by NSW tourism.

Pretty sad I think it seems to be bottled up in an office and to have lost that tactile feel and contact with about something that you're supposed to be Planning for in the area.

Now I find instead that I get differing answers from different bureaucracies on how to address this situation because they cannot or will not address it themselves after the issue was of their own making, not mine, and yet have been aware of it and NOT advertised the fact for a long, long time, years in fact.

It's pretty sad and unaustralian not to help your mate as all I can see in the future that I will have to see my life out living as a homeless person living under the stars in the bush cut off from society because this Bureaucracy of Bega Council and NSW Planning has seen it unfit to help me, a person who has helped pay their wages, roads, and infrastructure all these years. They have made my land worthless.
I am worried that the Bega Shire Planners and Council will go down the road of least resistance, where there's money to be made I suppose forgetting us the less fortunate in their dust of progress. I can't see a way forward by the Planning solution given here to the meeting even remotely like the simple outline in my letter from 1993 for the land Lot 155-157 Reedy Swamp Road DP750190.

All I ask ";do Bega Council and its Planners have a definite solution for my plight or in true British fashion RULE 303 is the answer
"

 

 

 

The Public Forum session closed at 12:28pm.

The recording of the Public Forum is available on Council’s website:

http://webcast.begavalley.nsw.gov.au/archive.php

 

Attachments

1.         Speakers Notes - Ross Mackay - #1

2.         Speakers Notes - Ross Mackay - #2

3.         Speakers Notes - Garrett Barry

 


Public Forum

16 December 2020

Item 4.1 - Attachment 1

Speakers Notes - Ross Mackay - #1

 

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Public Forum

16 December 2020

Item 4.1 - Attachment 2

Speakers Notes - Ross Mackay - #2

 

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Public Forum

16 December 2020

Item 4.1 - Attachment 3

Speakers Notes - Garrett Barry

 

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