Agenda of Ordinary Meeting

Ordinary Meeting

Meeting Date: Tuesday, 27 June, 2017

Location: Council Chambers, City Administrative Building, Bridge Road, Nowra

Membership (Quorum - 7)

All Councillors

Please note: Council’s Code of Meeting Practice permits the electronic recording and broadcast of the proceedings of meetings of the Council which are open to the public. Your attendance at this meeting is taken as consent to the possibility that your image and/or voice may be recorded and broadcast to the public.

Agenda

1. Acknowledgement of Traditional Custodians

2. Opening Prayer

3. Australian National Anthem

4. Apologies / Leave of Absence

5. Confirmation of Minutes

· Ordinary Meeting - 23 May 2017

· Extra Ordinary Meeting - 13 June 2017

· Extra Ordinary Meeting - 15 June 2017

6. Declarations of Interest

7. Presentation of Petitions

8. Mayoral Minute

9. Public Apology from Clr Jo Gash (Code of Conduct Matter)

10. Deputations and Presentations

11. Notices of Motion / Questions on Notice

CL17.157..... Notice of Motion - Smoking Ban - Local Shops & Public Spaces - Supporting Public Health & Healthy Cities Philosophy in Practice............................................. 1

CL17.158..... Notice of Motion - Maintenance of Overgrown Open Trail at Southern End of Dolphin Point................................................................................................................ 4

CL17.159..... Notice of Motion - Nowra Poultry Club Show - 60th Anniversary.................. 6

CL17.160..... Notice of Motion - Donation request - Hayley Dun - Firefighter Climb for Motor Neurone Disease (MND)................................................................................ 7

12. Committee Reports

CL17.161..... Report of the Strategy & Assets Committee - 13 June 2017......................... 9

SA17.147.... Sale of Council Industrial Land - Lot 105 Cumberland Ave, South Nowra - Revision of Sale Price

SA17.159.... Proposed Road Closure of Part Battys Road Upper Kangaroo River, sale to Robert McCarron and Annette Miles and consolidation with Lot 2 DP839210 and Lot 1 DP846976

SA17.160.... Transfer of Land within Heritage Estates to NSW National Parks & Wildlife Service

SA17.161.... Surrender of Lease - Milton Ulladulla Ex-Servos Club Ltd - Ulladulla Civic Centre, Princes Highway, Ulladulla

SA17.162.... Classification of Operational Land - Sewer Pump Station - Lot 3 DP1227133 - The Links Road, Nowra Hill

SA17.163.... Extinguishment of Drainage Easement - 32 Kings Point Dr, Kings Point

SA17.167.... Coastal Hazard Review- Outcome of public exhibition

SA17.168.... Installation of Barriers to Regulate Traffic - Captain St - Blenheim Beach Reserve - Vincentia

SA17.170.... Renew Deed of Agreement - Shoalhaven REMS

CL17.162..... Report of the Shoalhaven Access Advisory Committee - 22 May 2017...... 12

SAA17.13.... Application for Membership

SAA17.14.... Membership - NSW Ageing Disability and Home Care

SAA17.22.... Changing Place Toilet For Huskisson

CL17.163..... Report of the Shoalhaven Natural Resources & Floodplain Management Committee - 6 June 2017.................................................................................................. 15

SN17.1........ Vacant Community Member Position

SN17.3........ Update on the certification process for the draft CZMP and update on the development of the new Coastal Management Plan

SN17.7........ 2016 East Coast Low Storm Damage Remediation review May 2017

SN17.8........ Environmental Strategy and Planning

SN17.10...... Crookhaven Heads - Erosion Behind the Training Wall

CL17.164..... Report of the Shoalhaven Sports Board - 7 June 2017............................... 17

SB17.11...... Policy Review - Elite Athlete Support Program

SB17.13...... DRAFT Healthy Living Policy

CL17.165..... Report of the Shoalhaven Arts Board - 15 June 2017................................. 20

AB17.10...... Policy Changes - Public Art Policy POL12/351

AB17.14...... Policy Review - Shoalhaven Arts Board Terms of Reference

AB17.15...... Council Policy Revision - Internet, Operation and Children's

AB17.16...... Arts Board Awards

CL17.166..... Report of the Nowra CBD Revitalisation Strategy Committee - 14 June 2017 53

CBD17.34... Appointment of Members - Community and CBD Retailer Positions

CL17.167..... Report of the Shoalhaven Traffic Committee - 13 June 2017..................... 54

TC17.34...... Intersection Priority - Intersection Sydney Ave / Derwent St / Sealark Rd, Callala Bay (PN 1861)

TC17.35...... No Stopping Zone - Halloran Street, Vincentia (PN 3180)

TC17.36...... Line Marking - Lotus Street, Hyams Beach (PN 3396)

TC17.37...... Bridge Load Limit & One Lane Treatment - Bengalee Creek Bridge, Koloona Dr, Bangalee (PN 3398)

TC17.38...... No Stopping Zone - Francis Ryan Reserve Car Park, Sanctuary Point (PN 3403)

TC17.39...... Regulatory Signage & Line Marking - Plunkett St and Haigh Avenue, Nowra (PN3404)

TC17.40...... Edge Line Marking - Main Road, Cambewarra (PN 3405)

TC17.41...... Regulatory Signage & Line Marking - Nowra Hill Road, Nowra Hill (PN 3406)

TC17.42...... Bridge Load Limit - Chisolms Creek Bridge, Bundewallah Road, Bundewallah (PN 3407)

TC17.43...... Regulatory Signage - Car Park Service Agreement - Aldi, Kinghorne St, Nowra (PN 3408)

TC17.44...... Upgrade T-intersection to CHR - Intersection of Forest Rd & Callala Beach Rd, Wollumboola (PN 3409)

13. Reports

CL17.168..... Smart Cities and Suburbs Program - Round 1............................................ 70

CL17.169..... International Cities Town Centres & Communities (ICTC) - Mainstreet 2017 - Conference................................................................................................... 75

CL17.170..... Sustainable Futures Community Membership Appointment....................... 84

CL17.171..... Investment Report May 2017....................................................................... 86

CL17.172..... Disability Inclusion Action Plan - Adoption of Plan ..................................... 90

CL17.173..... AB17.9 - Shoalhaven Arts Board - Vacancies............................................. 93

CL17.174..... AB17.11 - Policy Changes and Reaffirmation - Shoalhaven City Art Collection - Acquisition and Management....................................................................... 95

CL17.175..... Tender - Shoalhaven Indoor Sports Centre - Trade Package No. 7 - Civil Works.................................................................................................................... 105

CL17.176..... Tenders - IEMC Pad Mount Electrical Sub Station.................................... 107

CL17.177..... Classification of Operational Land - Road Dedication - Lot 1 DP 1084959 - Upper Kangaroo River........................................................................................... 108

CL17.178..... SA17.158 - Proposed Sale of Land - 11 Grandview Street, Erowal Bay.. 111

CL17.179..... Report for Council - Updates on the Shoalhaven River Levee Flood Damage Restoration 2017 Project............................................................................ 116

CL17.180..... Review of Draft Bush Fire Environmental Assessment Code and Planning for Bush Fire Protection - Council Submission......................................................... 129

CL17.181..... Cities Power Partnership - Climate Council............................................... 137

CL17.182..... Proposed Submission - Amendments to State Environmental Planning Policy No. 64 Advertising and Signage ........................................................................... 139

CL17.183..... Draft Worrowing Heights Precinct Plan - Update & Next Steps ............... 147

CL17.184..... Council Submission - Proposed Greenfield Housing Code....................... 156

CL17.185..... Funding Offer - NSW Heritage Grants 2017-18 and 2018-19................... 165

CL17.186..... OZ Water Conference 2017....................................................................... 176

CL17.187..... 2017 Floodplain Management Australia National Conference.................. 183

14. Confidential Reports

Reports

CCL17.33.... Tenders – Shoalhaven Indoor Sports Centre - Trade Package No. 7 - Civil Works

Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.

CCL17.34.... Tenders - IEMC Pad Mount Electrical Sub Station

Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

CCL17.35.... Tenders - Shoalhaven River Levee Flood Damage Restoration 2017

Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

Ordinary Meeting – Tuesday 27 June 2017

Page 1

CL17.157 Notice of Motion - Smoking Ban - Local Shops & Public Spaces - Supporting Public Health & Healthy Cities Philosophy in Practice

HPERM Ref: D17/163738

Submitted by: Clr Nina Cheyne

Purpose / Summary

The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.

Recommendation

That Council erect signage and enforce no Smoking in places where children and elderly congregate such as shopping centres & bus stops in our major towns and villages.

Background

Smoking poses a health risk particularly to the vulnerable in our community such as children, babies, the elderly and those living with respiratory conditions. Waverly Council have taken the lead on this initiative successfully and propose that Shoalhaven do the same. The No Smoking in Sports Grounds has been on the whole successfully implemented since July 2015 and this has been welcomed by all sporting clubs.

By promoting and supporting existing state legislation through ensuring that state no smoking signage is in all of the areas it could be to ensure a safe and healthy environment for all people and especially our very young and elderly who are most at risk of an adverse respiratory event.

Tamworth and Gunnedah have recently introduced smoke-free CBD policies. Importantly these policies also include e-cigarettes which are currently largely un-regulated and have unknown health consequences. Tamworth introduced the policy during 2016 and Gunnedah recently resolved to introduce the policy.

The Heart Foundations Active by Design focus on healthy urban design. The Shoalhaven has great potential to increase medium density in some communities in a way that is sensitive to local needs and supports people to be active for short trips. Attached is a link to their website https://heartfoundation.org.au/active-living/healthy-active-communities where these resources can be found.

Email Message received by a concerned citizen below:

“There are many citizens that use the areas in Junction, Berry and Kinghorne Street. eg: Students, mothers with young children, pensioners, workers, to name a few.

This area has many businesses, retail shops and coffee shops.

I find it disturbing and unfair that we have to endure the fumes of cigarette smoke.

It would be reasonable to ban cigarette smoking in those areas.

I have noted that Waverley council have banned cigarette smoking in Hall Street from March 30.

Shouldn't we, as citizens, be protected from the fumes of ‘passive’ smoke?”

Note by the General Manager

Council has the following in place across RCC facilities that are public buildings and reserves managed by Council.

SEC:

· Non Smoking premises

· We have signs which have a non-smoking icon and state:

‘No Smoking within 10 metres of this building

Smoke-free environment Act 2000

Penalties may apply’

· The locations of these signs are:

o By the three doors facing the Bridge Road car park – parallel to the river.

o At the entry doors that face Bridge Road.

o On the upright structural external posts facing the front of the building.

o It appears there was also one by the doors facing the Council building – but no longer. (Will ask Shane to order and put up another one.)

o There are also signs on the external wall of the gallery, at the kitchen loading dock, the stage door and the theatre loading dock.

Swim & Fitness:

· Non Smoking premises

· Standard Signage from NSW Government at front of all premises

· Do not experience any difficulties in implementing this

Libraries / UCC:

· Non Smoking premises

· Smoking pictogram at front of premises – arranging for one of the newer style NSW Public Health signs

· Does not experience any difficulties in implementing this

Family Day Care:

· Non Smoking premises

· Smoking pictogram at front of premises – arranging for one of the newer style NSW Public Health signs

· Does not experience any difficulties in implementing this

Shoalhaven Regional Gallery:

· Non Smoking premises

· Standard Signage no Smoking pictogram at front of premises and in the courtyard - arranging for one of the newer style NSW Public Health signs

· Does not experience any difficulties in implementing this

Community Facilities:

· Non Smoking premises

· Standard Signage from NSW Government at all premises or older style no smoking pictogram. Signs are replaced / updated as funds permit and are inspected as part of the annual inspection process

· Do not experience any difficulties in implementing this

Parks & Playgrounds:

· Non Smoking area extends 10 meters from a playground

· Standard Signage from NSW Government signs or older style no smoking pictogram. Signs are replaced / updated as funds permit and are inspected as part of the inspection process by Parks staff

· Do not experience any difficulties in implementing this – tends to be self-policing

Sports Grounds:

· Non Smoking premises across all sports grounds

· Standard Signage from NSW Government signs

· Do not experience any difficulties in implementing this

Ordinary Meeting – Tuesday 27 June 2017

Page 7

CL17.160 Notice of Motion - Donation request - Hayley Dun - Firefighter Climb for Motor Neurone Disease (MND)

HPERM Ref: D17/196444

Submitted by: Clr Mitchell Pakes

Purpose / Summary

The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.

Recommendation

That Council sponsor Miss Hayley Dun for $1500.00 to participate in Firefighter Climb for Motor Neurone Disease

1. Allocate the money from the unallocated donations fund 2016/2017 financial year.

2. Write to Miss Dun wishing her the best of luck for when she undertakes the Firefighter Climb for Motor Neurone Disease.

Background

Note: The General Manager has informed myself that there is $1757.00 left in the unallocated donations fund for the 2016/2017 financial year.

Miss Hayley Dun is a retained Fire Fighter with the Nowra 405 Station.

A retained Fire Fighter is on call 24/7 and responds to fire calls when required. The Nowra 405 station responds to well over 800 calls a year. Miss Dun has been fundraising very hard for this event, I believe it will be a great idea for council to assist Miss Dun and support this great cause.

The Climb

Hundreds of fire fighters will climb all 1,504 stairs of the Sydney Tower Eye wearing full firefighting kit to raise money for Motor Neurone Disease research at Macquarie University.

When

The climb takes place on Saturday 14 October 2017.

What is MND

MND is Motor Neurone Disease, or ALS, or Lou Gehrig’s Disease. It doesn’t matter what you call it you don’t want it. Normal healthy fit people exactly like you get MND. It strikes indiscriminately, at any time with no proven explanation.

MND is the name given to a group of diseases in which the nerve cells (neurones) controlling the muscles that enable us to move, speak, breathe and swallow undergo degeneration and die. A person’s senses and intellect are not affected.

MND is a progressive, terminal neurological disease. There is no known treatment or cure. Each day, in Australia, more than two people die from MND and each day and more than two people are diagnosed with MND. More alarmingly, the death rate for MND in Australia has risen 250%.

In 1985, MND killed one in 500 Australians. In 2011, it killed one in 180 Australians. If you were sitting at the Melbourne Cricket Ground at capacity, more than 550 people around you will die from MND.

MND research is a cause that is very close to the heart of NSW firefighter Matt Pridham, as best friend Adam Regal was diagnosed with Motor Neurone Disease and given a very short life expectancy.

“Ten years ago we lost an uncle to MND. He was the first to be diagnosed in our family. He passed away just 18 months later. My father in 2001 was going through the process of seeing the doctors. From then, he was downhill straight away. It was just over 12 months before he passed away. And then not even twelve months later, I was hit with the same trap.” Adam Regal

Adam, a loving husband and father of two, has pledged to raise as much money and awareness for this disease as possible. The Firefighters Climb for MND began in 2015 in honour of Adam and all other families in Australia living with MND, with a pledge to do everything possible to find the next MND breakthrough.

Note by the General Manager

Council needs to keep in mind that many individual residents participate in charitable fundraising events and campaigns in many forms. Council should satisfy itself that this particular request is of special significance and does not create any precedent.

Ordinary Meeting – Tuesday 27 June 2017

Page 9

CL17.161 Report of the Strategy & Assets Committee - 13 June 2017

HPERM Ref: D17/191081

SA17.147 Sale of Council Industrial Land - Lot 105 Cumberland Ave, South Nowra - Revision of Sale Price

HPERM Ref: D17/183462

Recommendation

That Council set the minimum sale price for Lot 105 DP 1096630 Cumberland Ave South Nowra at $355,000 plus GST.

SA17.159 Proposed Road Closure of Part Battys Road Upper Kangaroo River, sale to Robert McCarron and Annette Miles and consolidation with Lot 2 DP839210 and Lot 1 DP846976

HPERM Ref: D17/146784

Recommendation

That:

1. Council resolves to make an application to the Minister administering the Roads Act 1993, for the northern part of Battys Road, Upper Kangaroo River shown by hatching on Attachment “1” to be closed and sold to the owners of the adjoining Lot 2 DP839210 and Lot 1 DP846976, Robert McCarron and Annette Miles;

2. Authority be granted to affix the Common Seal of the Council of the City of Shoalhaven to any documents requiring to be sealed;

3. Council authorise the sale of the closed road to Robert McCarron and Annette Miles for $7,000.00 (plus GST if applicable) provided that the land comprised in the closed road, Lot 2 DP 839210 and Lot 1 DP 846976 are consolidated into one (1) lot; and

4. All costs associated with this road closure are to be met by Robert McCarron and Annette Miles.

SA17.160 Transfer of Land within Heritage Estates to NSW National Parks & Wildlife Service

HPERM Ref: D17/156728

Recommendation

That Council:

1. Advertise its intention to transfer, for nil consideration, the Council owned lots located within the Heritage Estates at Worrowing Heights, listed in the table below, transfer to the NSW National Parks and Wildlife Service (or their nominee) and if no objections are received and subject to no adverse implications for the transfer from the pending court case, authorise the transfer of the Council owned lots:

DEPOSITED PLAN	LOTS
*DP8590*	47-48, 74, 77, 130, 136, 138-139, 162, , 172, 183, 186, 188, 194-195, 217, 274, 309, 357
*DP8591*	1, 14, 25, 28, 58, 60, 81, 87, 106-107, 148, 152-155, 199, 209, 228, 259, 264, 315
*DP8770*	8, 23, 27, 31, 34, 44, 71, 73, 97, 100-101, 110-112, 189A, 195
*DP8771*	26, 35, 40, 44
*DP8772*	4-6, 76, 104-105, 125, 135, 137, 144-145, 158, 167, 201, 204, 210, 223, 224, 244, 251
*DP625153*	1

2. Grant authority to affix the Common Seal of the Council to any documents required to be sealed.

SA17.161 Surrender of Lease - Milton Ulladulla Ex-Servos Club Ltd - Ulladulla Civic Centre, Princes Highway, Ulladulla

HPERM Ref: D17/156785

Recommendation

That Council:

1. Resolve to approve the surrender of the consecutive lease agreements (including the associated licence agreements) with Milton Ulladulla Ex-Servos Club Ltd for the use and occupation of the Council owned café / bar area of Ulladulla Civic Centre;

2. In its capacity as Reserve Trust Manager of Ulladulla (R87268) Reserve Trust, resolve to approve the surrender of the licence agreement between The Trust, the Minister for Lands and Forestry and Milton Ulladulla Ex-Servos Club Ltd for the Crown Land component of the Ulladulla Civic Centre and surrounds; and

3. Grant authority to affix the Common Seal of the Council to any documents required to be sealed and that the General Manager be authorised to sign any documents necessary to give effect to this resolution.

SA17.162 Classification of Operational Land - Sewer Pump Station - Lot 3 DP1227133 - The Links Road, Nowra Hill

HPERM Ref: D17/167768

Recommendation

That Council resolve to classify the land described as Lot 3 DP1227133 at The Links Road, Nowra Hill as Operational Land.

SA17.163 Extinguishment of Drainage Easement - 32 Kings Point Dr, Kings Point

HPERM Ref: D17/174320

Recommendation

That Council:

1. Resolve to extinguish the easement for drainage 3 wide over Lot 72 DP28562 at Kings Point;

2. Accept the offer of compensation of $5,000 plus costs from the owner; and

3. Authorise the General Manager to sign all documents required to give effect to this resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed.

SA17.167 Coastal Hazard Review- Outcome of public exhibition

HPERM Ref: D17/36024

Recommendation

That Council:

1. Adopt the Shoalhaven Coastal Hazard Review, that includes Council’s adopted sea level rise projections, in accordance with Council’s resolution (D15/39660); and

2. Submit the adopted Shoalhaven Coastal Hazard Review to the NSW Government, replacing the 2009 Coastal Hazard Assessment, as part of the Shoalhaven draft 2012 Coastal Zone Management Plan for certification, in accordance with Council’s resolution (MIN16.849); and

3. Review the Shoalhaven Local Environmental Plan 2014 and Shoalhaven Development Control Plan 2014 to reflect the outcomes of the Shoalhaven Coastal Hazard Review and a further report be provided on the proposed amendments.

4. Write to the Office of Environment and Heritage (OEH) to confirm whether or not a more accurate engineering alternative to the Bruun Rule can be used to assess coastal hazards and if not what level of error is the OEH prepared to attribute to the Bruun Rule.

SA17.168 Installation of Barriers to Regulate Traffic - Captain St - Blenheim Beach Reserve - Vincentia

HPERM Ref: D17/93251

Recommendation

That Council seek approval from the NSW Roads and Maritime Services to erect a gate and barriers at Captain St for the purpose of regulating traffic to prevent illegal activities, such as camping and rubbish dumping and the risk to the public from dangerous driving following community consultation undertaken by Council.

SA17.170 Renew Deed of Agreement - Shoalhaven REMS

HPERM Ref: D17/67782

Recommendation

That Council:

1. Authorise the General Manager to sign the new REMS Deeds of Agreement with each participating land manager using reclaimed water

2. Approve the signing and use of the Common Seal of Council on the Deeds if required;

3. Provide reclaimed water at no charge to end users for a further 15 year period.

Ordinary Meeting – Tuesday 27 June 2017

Page 12

CL17.162 Report of the Shoalhaven Access Advisory Committee - 22 May 2017

HPERM Ref: D17/170456

SAA17.13 Application for Membership

HPERM Ref: D17/85961

Recommendation

That Council

1. Appoint Mr Stephen Taylor as a community member to the Shoalhaven Access Advisory Committee

2. Write to Mr Taylor to notify him of his appointment and invite him to all future meetings.

SAA17.14 Membership - NSW Ageing Disability and Home Care

HPERM Ref: D17/120270

Recommendation

That Council

1. Accept the membership resignation of NSW Ageing Disability and Home Care and write to thank them for their contribution.

2. Invite Uniting National Disability Insurance Scheme Local Area Coordination Team to nominate a member to participate on the Shoalhaven Access Advisory Committee.

3. Update the Shoalhaven Access Advisory Committee membership once confirmed.

SAA17.22 Changing Place Toilet For Huskisson

HPERM Ref: D17/149775

Recommendation

That Council consider co-funding a Lift and Change facility for people with disabilities at White Sands Park Huskisson.

Note by the General Manager:

The Disability Inclusion Action Plan (DIAP) identifies at strategy S2.1 progressively increase the availability of accessible toilets across the Shoalhaven. An outcome of the DIAP is at O2.1.2 and strategy is to Identify potential Council projects that could accommodate a Changing Place facilities. Action A2.1.2 is to Identify Council projects that could accommodate a changing Places facility and lobby for funds to provide for them.

Council has not included any budget in the draft 2017/18 DP/OP to implement the DIAP.

A Changing Places room is a facility that caters for persons with severe and profound disabilities and their carers as they are unable to use the current standard accessible toilets. The room includes an electronic hoist, adjustable adult change table and has more circulation space than a room provided for under the current legislation. The WC is peninsular to allow for 2 carers either side of the WC. This is non-compliant with the current standards for toilets for persons with disabilities and the WC is not able to be used by most wheelchair users who rely on grab rails on the wall. Thus there is a requirement for a compliant accessible toilet room as well when providing a changing places room. The existing Public amenity at White sands was constructed in 2004 and has a toilet for persons with disabilities.

A changing Places room is not currently a requirement of the current building code, premises standard or Australian Standards but Council has already demonstrated its commitment to changing places facilities.

Shoalhaven City Council has led the way with providing Changing Places rooms with facilities currently located at;

· Nowra Aquatic Park – this is able to be used without paying for entry to the Nowra Aquatic Park (part funded by Grant)

· Public toilet at Burrill lake – Lions park (RMS funded)

· Public toilet at Mollymook all-inclusive play space – proposed to be open for patron use this year (part funded by State)

Changing places provided by others for public use in the Shoalhaven are located at in Nowra at Stockland’s shopping Centre and Vincentia at a Bay & Basin Shopping Complex.

In major CBD areas such as

· Nowra – options are Nowra Aquatic park or Stockland shopping Centre

· Ulladulla – options are public toilet at Burrill lake and in near future Mollymook All-inclusive play space

· Bay & Basin – options are Bay & Basin Shopping Complex

Shoalhaven City Council has 119 public amenities (toilets) which are provided in areas of high demand associated with the use of other services such as:

· commercial/shopping centres

· parks or

· waterway facilities

There are many other public amenities provide at sporting facilities.

Current asset strategy for public amenities is to replace those that are highly utilised and are already in very poor condition, these upgrades cater for the 80 to 90th percentile of persons with disabilities. The current public amenity capital budget allows for on average the replacement, refurbishment or new public amenity each financial year. Council has with public amenity buildings replaced 6, refurbished 4 and constructed 7 in the past 13 years of which 2 were funded predominately by other funding, 2 of which included changing places rooms.

This current financial year no public amenity was replaced as Council used the renewal budget to contribute to part of the construction costs of the new changing places room which includes a compliant public toilet for persons with a disability at Mollymook All-inclusive play space.

Council staff have met with representatives of the Huskisson Woollamia Community Voice and have agreed on a preliminary concept to add to the existing public amenity. Based on growth it would be proposed to add two fully compliant rooms for persons with disabilities that complies with current Australian standards and for one room to include a lift and change facility. Detailed investigations or drawings have not been undertaken, but a preliminary estimate, based on recent market pricing, identifies that the project may cost up to $280,000 given the constraints of the site and the requirements of the facility.

Unfortunately, there is no identified funding source for the construction of new amenities in Huskisson. A design could be undertaken within the existing budget, this could then be used to apply for 100% funding from external sources.

Ordinary Meeting – Tuesday 27 June 2017

Page 15

CL17.163 Report of the Shoalhaven Natural Resources & Floodplain Management Committee - 6 June 2017

HPERM Ref: D17/189412

SN17.1 Vacant Community Member Position

HPERM Ref: D17/168184

Recommendation

That

1. Mr Peter Hanson and Ms Robyn Flack be appointed as a Community Members on the Shoalhaven Natural Resources and Floodplain Management Committee, filling the current vacancies on the Committee.

2. Mr Hanson and Ms Robyn Flack be notified of their appointment and be invited to all future meetings.

3. That the ten (10) other persons who applied for the position be thanked for their applications and interest in the Committee.

4. A further report be submitted to the SNRFMC to consider another Oyster Farmer / Primary Industry Producer representative.

SN17.3 Update on the certification process for the draft CZMP and update on the development of the new Coastal Management Plan

HPERM Ref: D17/159762

Recommendation

That the Committee recommend to Council that:

1. Allocate $40,000 from the 2018/19 coast and estuary budget, as its 50% contribution, towards the development of the Coastal Management Plan subject to the Coastal Management Act being enacted; and

2. Allocate $30,000 from the 2018/19 coast and estuary budget to update three (3) estuary health report cards to inform the development of the Coastal Management Program.

SN17.7 2016 East Coast Low Storm Damage Remediation review May 2017

HPERM Ref: D17/165314

Recommendation

That Committee recommends that Council receive the report for information and make the following recommendations, subject to funding being allocated in the 2017/18 Budget to progress the coastal erosion remediation projects:

1. Council proceed with detailed design, Review of Environmental Factors, Aboriginal Heritage assessment for coastal erosion management works at Currarong including a trial geotextile sand groyne and sand nourishment and protection of the Beecroft Avenue precinct subject to undertaking the necessary consultation and obtaining the necessary permits and approvals. That further community consultation be undertaken as part of this process.

2. Council seek advice from NSW Office of Environment & Heritage about the potential development of an emergency action plan or interim management plan for the South Mollymook coastal protection structure as an interim measure until a long-term management strategy is developed as a result of the cost benefit analysis and impact assessment.

SN17.8 Environmental Strategy and Planning

HPERM Ref: D17/114940

Recommendation

That Council review and develop its current approach to align vision, values, principles, priorities, guidelines, strategies and plans for strategically managing the natural environment.

SN17.10 Crookhaven Heads - Erosion Behind the Training Wall

Recommendation

That Council write to Crown Land and request an investigation be undertaken in relation to the erosion behind the training wall and what restoration work is required.

Ordinary Meeting – Tuesday 27 June 2017

Page 54

CL17.167 Report of the Shoalhaven Traffic Committee - 13 June 2017

HPERM Ref: D17/187724

Attachments: 1. TRAF 2017-33 ⇩

2. TRAF 2017-34 ⇩

3. TRAF 2017-35 ⇩

4. TRAF 2017-36 ⇩

5. TRAF 2017-37 ⇩

6. TRAF 2017-38 ⇩

7. TRAF 2017-39 ⇩

8. TRAF 2017-40 ⇩

9. TRAF 2017-41 ⇩

10. TRAF 2017-42 ⇩

11. TRAF 2017-43 ⇩

The Shoalhaven Traffic Committee is a technical review committee not a committee of Council under the Local Government Act, 1993.

The Roads and Maritime Services has delegated certain powers to Council under the Transport Administration Act 1988 (Section 50). A condition of this delegation is that Council must take into account the Traffic Committee recommendations.

IMPORTANT NOTE:

Council cannot amend a Traffic Committee recommendation. The Council can only:

1. Adopt the Traffic Committee recommendation;

2. Not Adopt the Traffic Committee recommendation; or

3. Request the Traffic Committee reconsider the issue.

Other issues can be raised Additional Business at the Ordinary Meeting.

The full guide to the delegation to Council’s for the regulation of traffic can be viewed at: RMS Website

TC17.34 Intersection Priority - Intersection Sydney Ave / Derwent St / Sealark Rd, Callala Bay (PN 1861)

HPERM Ref: D17/184264

Recommendation:

That the General Manager (Director Assets and Works) be requested to arrange for the installation of the following Give way and associated line marking changes at the intersection of Sydney Avenue, Sealark Road and Derwent Street, Callala Bay, as detailed in the attached plan TRAF 2017/33:

1. Give Way (R1-2B) signage and associated hold line (TB/TB1) line marking control on all minor legs of the intersection

2. 25m of single barrier (B1) line marking for the northern leg of Sealark Road

3. 35m of single barrier (B1) line marking for the southern leg of Sealark Road with a 7m break at the intersection of Derwent Street

4. 15m of single barrier (B1) line marking on the western intersection approach with a 15m gap prior to the splayed edge (E1) line markings

5. Edge (E1) and continuity (C1) line marking to delineate the central island whilst permitting through movements along Sealark Road

TC17.35 No Stopping Zone - Halloran Street, Vincentia (PN 3180)

HPERM Ref: D17/184300

Recommendation:

That the General Manager (Director Assets and Works) be requested to arrange for the installation of a 33m No Stopping zone on the western side of Halloran Street, Vincentia between Seabreeze Street and Moona Creek Road as detailed in the attached plan TRAF 2017/34.

TC17.36 Line Marking - Lotus Street, Hyams Beach (PN 3396)

HPERM Ref: D17/184311

Recommendation:

That the General Manager (Director Assets and Works) be requested to arrange for the installation of give way (TB/TB1) hold line markings, pavement arrows, guide posts and edge (E1) line marking changes in Lotus Street, Hyams Beach, as detailed in the attached plan TRAF 2017/35.

TC17.37 Bridge Load Limit & One Lane Treatment - Bengalee Creek Bridge, Koloona Dr, Bangalee (PN 3398)

HPERM Ref: D17/184331

Recommendation:

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the installation of a 13 tonne gross bridge load limit and one lane controls on the Bengalee Creek Bridge, Koloona Drive, Bangalee as detailed in the attached plan TRAF 2017/36.

TC17.38 No Stopping Zone - Francis Ryan Reserve Car Park, Sanctuary Point (PN 3403)

HPERM Ref: D17/184363

Recommendation:

That the General Manager (Director Assets and Works) be requested to arrange for the installation of the following changes at the Francis Ryan Reserve car park Access Road, Sanctuary Point as detailed in the attached plan TRAF 2017/37:

1. Install a 22m No Stopping zone on the eastern side of the access road covering the car park entrance and footpath.

2. Extend the existing western No Stopping zone 38m south.

TC17.39 Regulatory Signage & Line Marking - Plunkett St and Haigh Avenue, Nowra (PN3404)

HPERM Ref: D17/184376

Recommendation:

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed signage and line marking plan associated with the development of No.103 Plunkett Street and No.18 Haigh Avenue, Nowra, as detailed in the attached plan TRAF 2017/38, subject to the following:

1. Internal motorbike parking signage be installed as R5-1-4 ‘motor bikes only’ signage.

2. Relocate the internal pedestrian crossing which crosses the drive through, further to the west.

3. Installation of pedestrian crossing signage (R3-1B) on the westbound approach of the crossing in accordance with AS 1742.10-2009.

4. The 2 hour (2P) sign time restricted parking sign on the southern side of Plunkett Street, reflect the existing 8.30am-6pm Mon-Fri 8.30am-12.30pm Sat time restriction.

TC17.40 Edge Line Marking - Main Road, Cambewarra (PN 3405)

HPERM Ref: D17/184411

Recommendation:

That the General Manager (Director Assets and Works) be requested to arrange for the installation of 120m of edge (E1) line marking on both sides of the Browns Creek Bridge, Main Road, Cambewarra as detailed in the attached plan TRAF 2017/39.

TC17.41 Regulatory Signage & Line Marking - Nowra Hill Road, Nowra Hill (PN 3406)

HPERM Ref: D17/184429

Recommendation:

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed signage and line marking plan associated upgrade of the intersection of BTU Road and Nowra Hill Road to a BAR / BAL, as detailed in the attached TRAF 2017/40, subject to:

1. The Give Way hold line to be reflected as TB/TB1 hold line markings

2. The southern edge (E1) line marking to be installed along the travel lane

TC17.42 Bridge Load Limit - Chisolms Creek Bridge, Bundewallah Road, Bundewallah (PN 3407)

HPERM Ref: D17/184442

Recommendation:

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the installation of a 15 tonne gross bridge load limit on the Chisolms Creek Bridge, Bundewallah Road, Bundewallah as detailed in the attached plan TRAF 2017/41.

TC17.43 Regulatory Signage - Car Park Service Agreement - Aldi, Kinghorne St, Nowra (PN 3408)

HPERM Ref: D17/184478

Recommendation:

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed regulatory signage to be installed within the Aldi car park to time restrict parking to 2 hour (2P) between the times of 8am and 4pm Monday to Friday and between the times of 8am to 4pm Saturday To Sunday, Kinghorne Street, Nowra as detailed in the attached plan TRAF 2017/42.

TC17.44 Upgrade T-intersection to CHR - Intersection of Forest Rd & Callala Beach Rd, Wollumboola (PN 3409)

HPERM Ref: D17/184507

Recommendation:

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed signage and line marking plan associated with the upgrade of the intersection of Forest Road and Callala Beach Road, Woollumboola, to a CHR (S) as detailed in the attached plan TRAF 2017/43, subject to the following:

1. The double barrier (BB) centre line marking in Callala Beach Road terminating at the TB hold line.

Ordinary Meeting – Tuesday 27 June 2017

Page 70

CL17.168 Smart Cities and Suburbs Program - Round 1

HPERM Ref: D17/189911

Group: General Manager's Group

Section: Economic Development

Purpose / Summary

To inform the Council about the Smart Cities and Suburbs Program – Round 1 and request permission to apply for funding for projects.

Recommendation

1. That the Council approve Council’s participation in projects that seek grant funding from the Smart Cities and Suburbs Program being:

a. A Smart Illawarra and Shoalhaven collaborative project, led by the Illawarra Pilot Joint Organisation, to extend the LoRaWAN network in the region and associated sub projects.

b. An ActewAGL regional project that seeks funding to offset the cost of the installation of electric car superchargers.

2. That Council approve its funding contribution and vote funds required and detailed in this report from Shoalhaven Water and the Economic Development Reserve.

Options

1. As recommended

Implications: Shoalhaven City Council will be part of two regional projects seeking funding from the Smart Cities and Suburbs program.

2. Accept Part 1 of the recommendation.

Implications: Shoalhaven City Council will contribute $30,000 toward the project with the aim to extend the LoRaWAN network into the Shoalhaven. Shoalhaven Water will commit $35,000 toward the establishment of a chlorine monitoring project and will provide substantial in-kind contribution through providing access to their communications and water infrastructure for the installation of the gateways. Funding will come from Shoalhaven Water and the Economic Development Reserve.

3. Accept Part 2 of the recommendation

Implications: Shoalhaven City Council will contribute $5000 per electric car supercharger installation. The project will deliver up to three (3) electric car superchargers to be installed at locations to be determined. Funding will come from the Economic Development Reserve.

4. Not participate in any applications

Implications: Shoalhaven City Council will not have the opportunity to be part of either regional Smart City project.

Background

As part of the 2016 election campaign the Australian Government announced the establishment of a $50 million competitive Smart Cities and Suburbs Program to support projects that apply innovative technology-based solutions to urban challenges. The program encourages eligible organisations – local governments, private companies, research organisations and not for profit bodies – to deliver collaborative smart city projects that improve the liveability, productivity and sustainability of Australian cities, suburbs and towns. The program will foster smart cities capability through collaborative projects involving one or more communities.

Round 1 of the Smart Cities and Suburbs Program opened on 17 March 2017 and will close on 30 June 2017.

For round one:

· The minimum grant amount is $100,000

· The maximum grant amount is $5 million

· The grant amount will be up to 50% of eligible project costs.

There is a total of $50 million available in round one.

The project will be assessed against four merit criteria, being;

· The extent to which the project is innovative and uses smart technology and open data

· The scope of social, environmental and economic benefits

· The extent of community focus and impact on the liveability of the cities, suburbs and towns

· Capacity, capability and resources to carry out the project.

Project 1 – Smart Illawarra and Shoalhaven Project

This project will be led by Wollongong City Council as the endorsed leader on behalf of the Illawarra Pilot Joint Organisation. Project collaborators include;

· Wollongong City Council

· Shellharbour City Council

· Kiama Municipal Council

· Shoalhaven City Council

· Smart Infrastructure Facility – University of Wollongong

The project essentially consists of the installation/expansion of the LoRaWAN network and the rollout of a series of monitoring projects that rely on that network.

LoRaWAN is a Low Power Wide Area Network with features that support low-cost, mobile, and secure bi-directional communication for Internet of Things and smart city applications. LoRaWAN is optimised for low power consumption and is designed to support large networks with millions and millions of devices. The benefits for Council are a low cost alternative for data monitoring and collection. The network is designed to work with any number of commercially available sensors and is a communication vehicle that supports any number of other projects.

The LoRaWAN system uses open source data and will be available for community use. Data is captured and transmitted via ‘gateways’.

Shoalhaven City Council, via the Economic Development Office, will contribute $30,000 toward the cost of installation of a number of gateways for the LoRaWAN system in the Shoalhaven. It is envisaged that gateways will be installed on Council owned property and existing communications towers (operated by Shoalhaven Water) One gateway may be installed at the UoW Shoalhaven Campus if the site is considered suitable.

Five streams of interest areas will be submitted under the application as examples of rollout that could benefit local government across this region. These areas are:

· Smart parking – indicators to count vehicles in transit or at a parking station so as to indicate congestion or availability of parking spaces

· ICOL engineering/estuary management – indicators that can identify risk and assessment regarding the opening of lakes/rivers/lagoons prior to storm events to minimise flooding impact

· Stormwater culvert management – indicators to alert of blockages at culverts/pipes/drains that could cause asset damage due to a storm event

· Water Treatment – Chlorine residuals testing and modelling

· Aged Care – indicators to show mobility & alertness of clients in at-home care

For each of these pilot areas, a small team has written a brief synopsis of how, what, why, when and where such technologies could be deployed and benefit LG. A template for the synopsis has been developed for this by WCC. These will form annexures to the application to justify the rollout and benefits to Councils as alerts, productivity improvements, asset management tools etc….

Contributions for this project will come from each of the Councils with Wollongong Council contributing in excess of $1million and for Shoalhaven Council a base contribution of $30,000 which will be used to purchase and deploy a number of gateways to cover Nowra and Shoalhaven Heads as part of this pilot.

Shoalhaven Water will contribute an additional ($35,000) toward a Shoalhaven based chlorine monitoring project that uses the LoRaWAN system to transfer data.

The installation of the LoRaWAN system enables any number of cost effective future uses of the system including:

· Leak detection in water infrastructure

· Environmental monitoring

· Traffic data collection

· Waste transport – network efficiencies.

The IPJO and the UoW are in the process of developing a MoU that will outline each partners’ roles and responsibilities. Shoalhaven Water, as ‘owner’ of much of the infrastructure suitable for deployment of the gateways, will need to be consulted and a commercial licence may need to be developed in order to protect Council and any commercial opportunities or impacts that may arise.

Project 2 – Installation of Electric Car Rapid Chargers

Shoalhaven City Council has been approached by ActewAGL to participate in a regional grant application for Smart Cities and Suburbs funding. ActewAGL will be the lead proponent. The grant funding will be to cover some of the installation costs associated with the installation of universal rapid electric car chargers. Council has been approached to contribute a nominal amount ($5,000 per installation). Council will also need to provide two adjoining car spaces per installation marked ‘Electric Vehicle’ and allocate that space for a period of three years.

At this point in time, Shoalhaven City Council need only commit in principal to the project. There are a number of unknowns that could impact installation costs including access to three phase power (80 amps at 415 volts) for their 50kW rapid chargers.

ActewAGL are intending to install universal Tritium Rapid Chargers. These chargers are compatible with all electric vehicles.

An announcement on the Property Observer website, dated 13 June 2017, stated that Stocklands Nowra will be installing a Tesla Destination Charger. Tesla Destination Chargers are only compatible with Tesla vehicles and charge at a much slower rate than rapid chargers (otherwise known as super chargers). The Tritium Rapid Charger will charge an electric vehicle quite quickly with electric vehicle car parking time limits to be in the order of 25 - 40 mins. Tritium is a Brisbane based company.

Brisbane company Tritium does most of its business in the electric car industry overseas.

Community Engagement

The purpose of this report is to inform and forms part of community consultation.

Community Development, supported by Shoalhaven Water, undertook a community engagement session seeking ‘smart city’ ideas that could be incorporated into a Smart City application or into a longer term project. The “Smart Cities Innovation Grant Think Tank” was held on the 5^th June 2017 at the Nowra School of Arts.

Policy Implications

Shoalhaven Water will enter into a MoU with the Illawarra Pilot Joint Organisation and Smart Illawarra to define ownership and ongoing maintenance and access to the LoWaRan gateways.

Council’s Traffic Unit will provide input into the development of guidelines and policy surrounding the management of the Electric Vehicle Car Parking stations.

Shoalhaven City Council will enter a MoU with ActewAGL regarding maintenance, electricity usage and decommissioning of the electric car charging stations.

Financial Implications

Smart Illawarra and Shoalhaven project:

· $30,000 contribution from the Economic Development budget toward the installation of LoWaRAN gateways and associated infrastructure

· $35,000 from Shoalhaven Water to undertake a chlorine monitoring project

Installation of Electric Car Rapid Chargers

· $5,000 per installation of electric car chargers ($15,000 max)

· ActewAGL will cover ongoing maintenance of the car charger

· Shoalhaven Council needs to provide two car parking spaces for each dedicated electric vehicle recharging stations

Risk Implications

Installation of Electric Car Rapid Chargers

The main risk with this project is cost overruns associated with unforeseen impacts associated with electricity provision. It is highly unlikely that there would not be a cost effective location within the Shoalhaven to install the car charger. However, should a cost effective location not be found within the Shoalhaven LGA ActewAGL would be able to divert the funding to another LGA thus alleviating any risk associated with cost overruns.

Ordinary Meeting – Tuesday 27 June 2017

Page 86

CL17.171 Investment Report May 2017

HPERM Ref: D17/191868

Group: Finance Corporate & Community Services Group

Section: Finance

Attachments: 1. Shoalhaven Monthly Investment Report - May 2017 (under separate cover) ⇨

Purpose / Summary

Under Section 625 of the Local Government Act 1993 and Clause 212 of the Local Government (General) Regulation, it is a requirement to provide a written report to Council on a monthly basis setting out details of all money that Council has invested.

Recommendation

That the Report of the General Manager (Finance Corporate and Community Services Group) on the Record of Investments for the period to 31 May 2017 be received for information.

Options

1. The report on the Record of Investments for the period to 31 May 2017 be received for information

Implications: Nil

2. Further information regarding the Record of Investments for the period to 31 May 2017 be requested

Implications: Staff will need to prepare a further report to provide any information that is required.

3. The report on the Record of Investments for the period to 31 May 2017 be received for information with any changes requested for the Record of Investments to be reflected in the report for the period to 30 June 2017

Implications: Nil

Background

Please refer to the attached monthly report provided by Council’s Investment Adviser – CPG Research and Advisory Pty Ltd. Late in May, there was a downgrade of some financial institutions’ credit rating from AA to BBB. This has caused our investments in the BBB category to be above the policy limit (see page 7). There is no breach of policy because, at the time the investments were purchased, they were within the policy. Council will not be reinvesting or purchasing new investments with these BBB institutions until this category is back with the policy limit.

CPG Research and Advisory Pty Ltd are to provide a suggested reporting format to Council to allow assessment of its moderate divestment strategy as at the end of the 2016/17 financial year. Excluding financial institutions that are not in the comparison tables produced by Market Forces (18%), approximately 56% of Council’s net exposure is with financial institutions with no current record of funding fossil fuel investments (with credit ratings ranging from AAA to BBB-), with investment opportunities assessed as they mature in line with Council policy.

Further comparisons and budget review is found below:

The interest earned for the month of May was $543,775.59, which was $40,290.23 above budget.

The table below lists the major movements:

Total Cash and Investments	+ $1,777,832
Unrestricted General Fund Cash	+ $3,739,848	Rates instalment month
Strategic Projects Reserve	+ $3,247,144	Receipt of Water and Sewer dividend and tax equivalents
Industrial Land Development Reserve	+ $869,809	Land sales
Plant Replacement Reserve	- $1,432,809	Expenditure occurring on projects that were recently funded during the March QBR
Grant Reserve	- $739,602	Expenditure on projects
Waste Disposal	+ $1,183,304	Rates instalment month
Sewer Fund	- $3,644,099	Expenditure on REMS
Water Fund	- $1,501,465	Expenditure on projects

Certification – Responsible Accounting Officer:

I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulations 2005 and Council’s Investments Policy number POL15/51.

Michael Pennisi

Chief Financial Officer

Financial Implications

It is important for Council to be informed in regard to its investments on a regular basis. Revenue from interest on investments forms a vital part of Council’s revenue stream.

Ordinary Meeting – Tuesday 27 June 2017

Page 90

CL17.172 Disability Inclusion Action Plan - Adoption of Plan

HPERM Ref: D17/152684

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Attachments: 1. Feedback Spreadsheet - Draft Disability Inclusion Action Plan - Get Involved - April 24 - May 24 2017 (under separate cover) ⇨

2. Disability Inclusion Action Plan - Draft - Updated - June 6 2017 (under separate cover) ⇨

Purpose / Summary

To seek Council approval to finalise and adopt the Disability Inclusion Action Plan (DIAP) 2017 -2021

Recommendation

That Council

1. Finalise and adopt the Disability Inclusion Action Plan with the minor amendments as summarised in this report and outlined in the attachment to this report.

2. Council acknowledge that no funds have been specifically provided in the 2017/18 budget for the implementation of the plan, however noting that some infrastructure works will have outcomes consistent with the Plan.

3. Allocate $100,000 in the 2018/19 budget to commence the implementation of actions contained in the Disability Inclusion Action Plan.

Options

1. Adopt the recommendation

Implications: This will allow finalisation of the DIAP in line with State Legislation.

2. Adopt the recommendations with amendment(s).

Implications: Council may resolve to remove or add the recommendations this may require re-exhibition of the DIAP and not meet State Government Legislative timeframes of lodgement with the NSW Government by July 1, 2017. Without any funding implementation of the plan will be very limited.

3. Council not adopt the draft DIAP and provide a different strategic direction to staff.

Implications: This would threaten the timeline that the DIAP needs to be submitted to Sate Government by. There is a legislative requirement for the Shoalhaven Disability Inclusion Action Plan to be lodged with the NSW Government by July 1, 2017.

Background

Shoalhaven City Council has a Disability Action Plan, which is registered with the Human Rights and Equal Opportunity Commission. New legislation, the “Disability Inclusion Bill 2014” was passed by the NSW Parliament, which is now known as the Disability Inclusion Act 2014. This has required Council to prepare and adopt a Disability Inclusion Action Plan to meet the requirements of this Legislation.

The Act aims to achieve for people with a disability its objectives acknowledging human rights, promoting independence and social and economic inclusion of people with a disability enabling choice and control, setting up safeguards and where practical supporting the United Nations Convention on the Rights of People with a Disability.

The Act also recognises particular groups such as Aboriginal and Torres Strait Islander people with a disability, people from cultural and linguistically diverse backgrounds with a disability and women and children with a disability.

Under the Act the NSW Government must develop a four (4) year State Disability Inclusion Plan to guide how the whole of Government work towards the inclusion of people with a disability in the community. The State Disability Inclusion Plan will show how it improves access to mainstream services and community facilities.

The Act requires NSW Government, local Councils and some other public authorities to develop and implement a Disability Inclusion Action Plan. Local Governments/Councils plans must be in place by July 1 2017.

Council engaged Jenny Bray Training and Consulting to prepare the Draft Disability Inclusion Action Plan for Shoalhaven City Council. Targeted stakeholder consultations and workshops formed a key process in developing the draft Plan. Council endorsed public exhibition of the draft Shoalhaven Disability Inclusion Action Plan for a period of 28 days by delegated authority at the Strategy and Assets meeting on 18/04/2017 (SA17.105 ).

Council exhibited the draft DIAP document from April 24 to May 24 2017 in line with Councils minute.

The Draft DIAP with recommended amendments in line with community consultation is attached to this report. Subject to adoption by Council will be submitted to the State Government.

Community Engagement

During the public exhibition period, Council received eleven (11) submissions. The table attached to this report shows community submissions received via Council’s ‘Get Involved Page’ and by email during the public exhibition period April 24 – May 24, 2017. The attached table has staff comments and recommendations. The recommended changes are reflected in the draft DIAP attached to this report.

Financial Implications

It is expected that many of the actions detailed in the DIAP will be financed through the relevant Group, Section or Unit budgets or as new initiatives and projects are rolled out. However, a budget attached to the DIAP would allow the purchase of items such as accessibility software for website development, hearing loops and assist to implement access improvements to key Council infrastructure such as the Council Chambers and recreation facilities. To enable the DIAP implementation process to commence, funding of $100,000 was sought in financial year 2017/18 however this request was not successful. It is therefore recommended that Council allocate $100,000 in the 2018/19 budget.

It is anticipated that a similar budget would be requested in subsequent annual budgets to ensure that the DIAP action plans are implemented through until 2021.

As Council decided not to allocate funding to implementation of the DIAP, there is a risk that there will be insufficient human and material resources to adequately implement the basic elements of the DIAP.

In July 2018, the Department of Ageing, Disabilities and Home Care (ADHC) will cease to fund the Ageing and Disability position within the Community Development team at Shoalhaven City Council. Prior to this occurring Council will need to consider how it will resource coordination and implementation of the DIAP beyond this timeframe.

Risk Implications

The minimum legislative requirements for local government in relation to preparing a DIAP are set out in the Disability Inclusion Act 2014. These are:

· NSW Councils to prepare a DIAP by 1 July 2017,

· Consulting people with disability must be undertaken and documented as part of the planning process,

· Councils must give a copy of the DIAP actions to the Disability Council NSW,

· Councils must report on implementation of their DIAP in their Annual Report, and forward a copy to the Minister,

· Council must review their DIAP every four years.

There is a reputational risk to Council if this does not occur.

Ordinary Meeting – Tuesday 27 June 2017

Page 93

CL17.173 AB17.9 - Shoalhaven Arts Board - Vacancies

HPERM Ref: D17/197921

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

This item has been referred directly to Council for determination as members of the Shoalhaven Arts Board declared conflicts of interest and were not be able to vote, therefore there were not sufficient numbers for a quorum to enable the vote.

Purpose / Summary

For the Shoalhaven Arts Board to appoint four (4) community members to the Board to fill the vacancies that have arisen due to changes in Board membership.

Recommendation

1. That Karen Morrow Akehurst be appointed to the Shoalhaven Arts Board as a community member for a term to expire on 30 June 2019.

2. That Barbara Dawson be appointed to the Shoalhaven Arts Board as a community member for a term to expire on 30 June 2019.

3. That Peter Lavelle be appointed to the Shoalhaven Arts Board as a community member for a term to expire on 30 June 2019.

4. That Alison Chiam be appointed to the Shoalhaven Arts Board as a community member for a term to expire on 30 June 2019.

5. Thank Merilynn Weiss and Robert Swieca for their contribution and service to the Shoalhaven Arts Board.

Options

1. Adopt the recommendations

Implications: This will allow the Shoalhaven Arts Board to continue with its work

2. Amend the recommendation

Implications: Currently unknown

3. Reject the recommendation and provide an alternative

Implications: Currently unknown

Background

Vacancies have arisen in the Shoalhaven Arts Board due to expiration of board membership and resignations of some current board members. Robert Swieca and Merilynn Weiss will both step down from their roles on the Board and Warwick Keen and Troy Lenihan have tendered their resignations. Robert and Merilynn have both been instrumental is supporting the transition of the Board following the review in 2015.

An Expression of Interest was conducted in order to fill these community representative vacancies during April and applications closed on 28^th April 2017. Four (4) nominations were received and in accordance with the Shoalhaven Arts Board Terms of Reference applications were reviewed and interviews were conducted with a panel consisting of the Shoalhaven Arts Board Chairperson, a Council staff member, and one (1) suitably qualified independent representative.

Following this process it is recommended that Karen Morrow Akehurst, Barbara Dawson, Peter Lavelle and Alison Chiam be appointed to the Shoalhaven Arts Board. The term of appointment is for an initial two (2) years with the option for a further two (2) years. The two-year term of the appointment will commence upon adoption by Council and be due for review prior to 30^th June 2019.

At this point in time there remains a Local Aboriginal Member position vacant which the Shoalhaven Arts Board may wish to consider as a casual vacancy and seek applications by appropriate needs to fill the vacancy.

Community Engagement

The opportunity to nominate for membership of the Shoalhaven Arts Board was advertised widely across the Shoalhaven.

Financial Implications

There are no financial implications related to the appointment of members to the Shoalhaven Arts Board. Funding to support arts and cultural activities is provided by Council and administered through the Arts and Cultural Unit, Recreation Community and Culture Section in the Finance Corporate and Community Services Group of Council.

Ordinary Meeting – Tuesday 27 June 2017

Page 95

CL17.174 AB17.11 - Policy Changes and Reaffirmation - Shoalhaven City Art Collection - Acquisition and Management

HPERM Ref: D17/197956

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Attachments: 1. Draft Policy ⇩

Purpose / Summary

To review changes proposed to the Shoalhaven City Art Collection – Acquisition and Management Policy and reaffirm the policy.

Recommendation

That Council reaffirm the Shoalhaven City Art Collection – Acquisition and Management policy with the proposed changes as outlined in the attachment.

1. Name change from Shoalhaven City Arts Centre to Shoalhaven Regional Gallery

2. Minor changes to Section 3 Provisions, sub-section 3.2 Gifts and Donations

3. Minor changes to Section 4 Procedures:

a. Sub-section 4.2 Accession

b. Sub-section 4.3 Deaccessioning

Options

1. Adopt the recommendations

Implications: This will allow for inclusion of minor changes to make policy relevant and up to date.

2. Amend recommendations

Implications: Any significant change to the policy should consider consultation and input from the wider community and/or alternatively may have a resourcing implication.

3. Rescind Policy

Implications: Not recommended as this will result in a loss of provisions and controls for the relevant policy.

Background

The Shoalhaven City Art Collection – Acquisition and Management Policy guides the Shoalhaven Arts Board and Shoalhaven City Council in the collection, rationalisation and management of the Shoalhaven City Art Collection. The City Art Collection is a growing asset to Council and provides opportunities to engage the Shoalhaven Community and others with the art of the Shoalhaven.

The proposed changes to the Policy provide greater clarity around the guidelines for collection and rationalising the collection, provides greater flexibility in accepting works as befits the growing collection and awareness of the collection and updates collection management aspects to meet national standards and new software.

These proposed changes are further detailed in the Attachment.

Community Engagement

The review of the above policy is considered a minor policy change that does not warrant community engagement. Community engagement is recommended only if the policy is significantly considered for amendment by the elected Council.

Policy Implications

Reaffirmation of the above policy to make it relevant and up to date.

Financial Implications

No financial implications arising from the proposed changes in the Policy.

Ordinary Meeting – Tuesday 27 June 2017

Page 111

CL17.178 SA17.158 - Proposed Sale of Land - 11 Grandview Street, Erowal Bay

HPERM Ref: D17/192417

Group: Assets & Works Group

Section: Business & Property

Attachments: 1. Aerial View ⇩

This item was deferred from the Strategy & Assets Committee 13 June 2017.

Purpose / Summary

To consider a recommendation to authorise the sale of vacant land at Lot 24 Sec 1 DP9182, 11 Grandview Street, Erowal Bay as shown in aerial view at Attachment 1.

Recommendation

That Council:

1. Advertise its intention to dispose of 11 Grandview Street, Erowal Bay (Lot 24 Sec 1 DP9182) in accordance with Policy 16/256 (POL16/256) and advise the local CCB, and if no objections are received, authorise the sale of the property by public auction;

2. Authorise the General Manager to set the auction reserve (based on valuation advice) and to finalise the terms of a sale within 10% of the reserve or list price in the case of a private treaty sale if the property fails to sell at auction;

3. Fund all costs associated with the sale from Job Number 88650 and the net income from the sale be placed in the Strategic Property Reserve; and

4. Grant authority to affix the Common Seal of the Council to any contract or sale documents required to be sealed.

Options

1. Adopt the recommendation as written.

Implications: The proposed sale will be advertised and if no objections to the sale of the property are received it will go to auction. The proposed sale will generate additional income for Council and dispose of a property asset that does not currently support community needs. If objections are received, a further report to Council will be provided.

2. Resolve to develop site (not recommended):

a. Subdivide the land for a dual occupancy and develop each lot with a residence for sale to the open market as a finished product.

b. Report back to Council:

i. On the tender process for the award of a contract for the construction of the residences; and

ii. prior to taking the properties to the market.

Implications: Council will become the developer, retaining all risk associated with the development of the land, house construction and end product sale. The improved return is dependent on the sale price of the dual occupancy. It appears based on a desktop analysis that it may not provide a higher return.

3. Not adopt the recommendation and provide further direction to staff.

Implications: The property will be retained with Council responsible for ongoing maintenance and property related costs.

Background

The subject property comprises of a single parcel of vacant land described as Lot 24 Section 1 DP9182 and is 872.6 sq m in area. The land is classified Operational with a zoning of R2 Low Density Residential under Shoalhaven LEP 2014.

This property was acquired in lieu of overdue rates in 1988. The property is fully cleared, grassed with a creek running down an unformed road to the south.

Council staff have considered the proposed disposal of this property with two concerns raised:

a. Strategic Planning

In response to a concern the soil was ‘water charged’ a geotechnical investigation was undertaken which reported there is no specific geotechnical basis that would preclude the development of the site for residential purposes. Notwithstanding, elements were identified which will require careful management. It was recommended that any entity seeking to develop the site complete adequate assessment to satisfy themselves that any proposed works appropriately consider any potential constraints.

b. Environmental Services (Bushfire/Bushland Management)

The land is adjacent an unformed timbered Council road reserve and as such is part bushfire prone. A development proposal for a dwelling will trigger compliance with Planning for Bushfire Protection 2006. This may trigger a referral to the RFS who may require the development meet specific conditions.

If the property is to be sold, the contract for sale will include conditons which adequately cover these issues.

Disposal “as is” versus a “dual-occupancy” development

An alternative consideration is for Council to take on the role of developer of the land and undertake the following tasks:

· Dual-occupancy subdivision and servicing of both lots

· Construction of concrete drive to rear lot

· Construction of two free-standing three bedroom residences

· Disposal of the two residences inclusive of engaging solicitors and agents

The following table sets out the potential financial costs/return relative to each option:

Task	“As is”	“Dual-occupancy”
Subdivision, servicing, Kerb & Gutter	n/a	$50,000
Concrete driveway to rear block	n/a	$25,000
Construct two residences (3 bedroom, 1 bath and 1 garage) ready to market	n/a	$600,000
Sub-total	n/a	$675,000
Interest on $675,000 for 12 months at 3%pa	n/a	$20,250
Gross realisation	$230,000	$900,000 (front @ $480,000 & rear @ $420,000)
Less selling costs (agents & legal)	$6,600	$22,000
Net realisation	$223,400	$182,750
Land book value (land cost)	$175,000	$175,000
Profit	$48,400	$7,750

Erowal Bay Real Estate overview

The median house price for Erowal Bay is $480,000 with most interest in the area coming from “Elderly Couples” at 23.7%. This is closely followed by “Established Couples & Families” @ 19.2% and “Older Couples & Families” @ 17.6%. Therefore the return depends on the market interest and it is difficult to determine the sale price, due to it not being on the waterfront and being adjacent to the bushfire prone land affecting construction costs.

There has only been three instances where the on average 1,000 sqm block has been subdivided to allow for a dual-occupancy development. Of the three, only one is in a battle-axe configuration.

The risk associated with Council taking on the role of developer in this instance is not adequately compensated for in the profit for a “dual-occupancy”. The builder may have a low risk margin. There has also been no allowance made in the above figures for a contingency to cover any potential construction cost over run or on going holding costs beyond a twelve month period. Should either of these senarios occur, Council may lose money on the development. It is for these reasons the recommendation that Council develop the land is not supported.

Community Engagement

The proposed sale of the subject land is considered to be a local area low impact issue as outlined in Council’s Community Engagement Policy. There will be an appropriate level of community engagement before the property is offered for sale and this will include newspaper advertising, notification on Council’s website and informing the local Community Consultative Body.

Financial Implications

The proposed sale of this land will generate additional income for Council to be set aside for future land development and disposal projects. This represents potential for an improved return on assets which is considered to be in the best interests of the wider community.

Ordinary Meeting – Tuesday 27 June 2017

Page 115

CL17.179 Report for Council - Updates on the Shoalhaven River Levee Flood Damage Restoration 2017 Project

HPERM Ref: D17/171801

Group: Planning Environment & Development Group

Section: Environmental Services

Attachments: 1. Flood levee locations and restoration options ⇩

2. Report to Council Ordinary Meeting February 2016 ⇩

Purpose / Summary

1. To inform Council of the tender results for Shoalhaven River Levee Flood Damage Restoration 2017 project, and

2. To request for additional funding to conduct repair works for the flood damaged levee sites including works at high priority damaged levee locations.

In accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, some information should remain confidential as it would, if disclosed, prejudice the commercial position of the person who supplied it. It is not in the public interest to disclose this information as it may reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests. This information will be considered under a separate confidential report.

This report is submitted directly to the Ordinary Council Meeting pursuant to Clause 3 of Council’s “Acceptance of Tenders – Reports to Council” Policy.

Recommendation

That Council consider and support a separate confidential tender recommendation report on this matter in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

Options

1. As recommended.

Implications: Tenders have been subject to assessment in accordance with the Tender Evaluation Plan and details are included in the confidential report.

2. Council could select an alternative option:

Implications: The release of current tender details is not recommended until a final decision is negotiated.

Background

Council received National Disaster Relief and Recovery Arrangements (NDRRA) program funding to repair the levee flood damages that occurred in 2015 ($1.13 million) which was reported to Council on 29 November 2016. Council also submitted a NDRRA claim ($272,470) to repair flood damages that occurred in June 2016 and this is still pending. NDRRA is a joint funding initiative from Commonwealth and State Governments to provide disaster relief and recovery payments and infrastructure restoration to assist communities recover from the effects of natural disasters.

Council engaged NSW Public Works immediately following the August 2015 flood event to inspect and prepare estimates to repair the levee system to pre-flood condition. These estimates were used for the NDRRA 2015 claim. Council’s NDRRA application for 2016 has not been determined. Council has been advised that the 2015 NDRRA application was successful.

Council also engaged NSW Public Works to project manage the current Shoalhaven River Levee Flood Damage Restoration 2017 project. In addition, a Review of Environmental Factors (REF) for the restoration works was prepared by Ecological Consultants Australia.

Council invited tenders on 21 March 2017 to select a suitable contractor to conduct the restoration of Shoalhaven River levee damages that occurred during August 2015 and June 2016 flood including the high priority levee audit defects that were identified prior to August 2015 flood (in accordance with Council’s resolution MIN16.119b). The tender closing date was 18th April 2017.

Shoalhaven River Levee Flood Damage Restoration 2017 Project Tender

Council called for tenders for the Shoalhaven River Levee Flood Damage Restoration works on 21 March 2017, which closed at 10:00am on 18 April 2017. Two tenders were received at the time of closing.

Tenders were received from the following:

Tenderer	Location
Kenpass Pty Ltd	Saddleback Mountain NSW 2533
Stefanutti Construction Pty Ltd	Unanderra NSW 2526

The details relating the evaluation of the tenders are contained in the Tender Recommendation Report (confidential report).

Shoalhaven River Levee Flood Damage Restoration 2017 Project Options

Based on the updated NSW Public Works estimates that took the current tender quotations and the Review of Environmental Factors into account, it was revealed that the revised cost estimate is much greater than the original estimates. Therefore, additional funds are required to conduct the restoration works to include all works within the original project scope – repair 2015 and 2016 flood damages, and repair high priority defects from the 2015 audit.

In addition, a number of Levee sites that were damaged during August 2015 flood, were damaged again in June 2016 flood. Meaning that damages that were sustained during these two separate events need to be repaired at the same time. In addition, the NDRRA 2015 grant funds will only cover repair works to reinstate levees back to pre-flood condition. All these factors have contributed to requiring additional funding. Rock protection works to protect the repair works have been identified as necessary to minimise further damage to the levees during future events, however Council is unable to claim these works under NDRRA funding.

Council is currently preparing a report and updated claim based on NSW Public Works updated cost estimates for the 2015 and 2016 damages, to cover the unforeseen expenditure discussed above. The outcome of the original NDRRA 2016 claim is still pending.

Council resolved to allocate $200,000.00 (MIN16.119b) on capital works on 16^th February 2016 to repair the 2015 audit high priority defects. This audit was conducted prior to the 2015 flood. These works are included as part of the Shoalhaven River Levee Flood Damage Restoration 2017 Project Tender.

There is no guarantee that Council will be successful in obtaining the funding requested as part of the revised NDRRA claims however it will be recommended that council make strong representations through our local members of Parliament.

In order to progress forward with the levee restoration works, options have been developed for Council to consider. Attachment 2 contains a map of the levee locations and illustrates the percentage of restoration works for each option. The detail of each option and cost estimates are included in the confidential report.

Flood levees are considered critical assets under the NDRRA funding and they provide flood mitigation benefits to the community. It is recommended that council give approval for all necessary works to be undertaken. This will allow Council to commence restoration works on a priority basis, starting with the highest priority levee first. This has been identified by NSW Public Works and Council’s Floodplain Officers as the Terara levee (P1L2). Council’s Asset Management Plan - Flood Mitigation Drainage Structures identifies this levee and as a category 1 – critical flood mitigation structure.

Capital works budget of $200,000 to repair May 2015 Audit high priority defects

In the past Council resolved to repair the high priority defects identified in the May 2015 levee audit report (MIN16.119b). It is recommended that some portion of this budget be diverted to repair the flood damaged levee sites, including rock protection that are more prone to damage and require urgent attention.

Access and time restrictions to work on two wedding venues

There are two properties at Terara that are wedding venues (Lot 103 DP 883852 and Lot 1 DP 855360). Due to their ongoing business, Council will only be able to work on their property during winter up to 14^th August 2017. Accordingly, repair works at these two sites should occur at first.

Community Engagement

Council’s Floodplain Engineers and Property Unit Officer met with property owners to discuss access and levee repair works to be conducted on their properties. Deed of Agreements (DoA) have been sent to property owners who would be affected by the levee repair works. DoA’s will allow Council to conduct the current levee repair works and future maintenance work on levees located on private properties. To date, most of the DoA’s been received from the property owners, Council is negotiating with the remaining property owners to finalise the remaining DoA’s.

Policy Implications

Council’s Asset Management Plan for flood mitigation drainage structures, documents the required inspection and maintenance of the Shoalhaven River levee system.

Financial Implications

This is discussed in more detail in the confidential report however to enable all works to be undertaken will require additional flood damage claims to reflect the anticipated costs and additional council funds to complete the 2015 audit works (i.e. not directly related to flood damage).

Risk Implications

Flood levees are considered state significant infrastructure, therefore, it is necessary to conduct the repairs so that the levees can continue protecting people and property from river flooding and to ensure existing damaged levee sections are not damaged further.

Without rock protection, the levees will be susceptible to erosion during future storm and flood events and it is likely that Council will need to undertake repairs after such future events. The installation of rock protection will reduce the risk of erosion.

Taking these risks into consideration and the flood mitigation benefits that flood levees provide to people and property, it is recommended that Council seek to vary the 2015 and 2016 NDRA claims to increase the amount of funding Council is requesting. These revised claims would cover the revised cost estimates of all flood damage repairs as well as allocate the additional budget required to complete all works in Option 1.

To avoid risks to property, or further damage to the levee from a future flood event it is important to approve the necessary works to proceed.

Ordinary Meeting – Tuesday 27 June 2017

Page 128

CL17.180 Review of Draft Bush Fire Environmental Assessment Code and Planning for Bush Fire Protection - Council Submission

HPERM Ref: D17/179434

Group: Planning Environment & Development Group

Section: Environmental Services

Attachments: 1. Submission - Planning for Bush Fire Protection Review (under separate cover) ⇨

2. Submission - Bush Fire Environmental Assessment Review ⇩

Purpose / Summary

To outline the proposed changes to the Bushfire Environmental Assessment Code Review and Planning for Bush Fire Protection Review and to endorse a proposed Council submission. (Attachments 1 & 2).

Recommendation

That Council make a submission to the NSW Rural Fire Service based on the content of the report including Attachments 1 & 2 regarding Bushfire Environmental Assessment Code and Planning for Bush Fire Protection.

Options

1. Adopt the recommendation and endorse Attachment 1 & 2 as Council’s submission.

Implications: This is the preferred option as it ensures that Council comments on the proposals by the required date of 30 June 2017. It is essential that Council comment on the proposed revised documents given the likely impact on Council and the Shoalhaven generally.

2. Change the draft submissions (Attachment 1 & 2) as necessary and submit to the NSW Rural Fire Service.

Implications: It is important that the issues identified in Council’s submission are considered and addressed by the NSW Rural Fire Service in finalising the documents. If items are removed or adjusted, they will potentially not be able to be addressed and there would not be sufficient time to report to Council with an amended submission.

3. Not make a submission

Implications: This is not the preferred option, the exhibited changes will have an impact on Council, including operational resourcing requirements.

Background

The NSW Rural Fire Service (RFS) is seeking public comment on the proposed Draft Revised Bush Fire Environmental Assessment Code 2017 and the Draft Revised Planning for Bush Fire Protection 2017 up until 25 June 2017. Council requested and was granted an extension of up until 30 June 2017, so that the draft submission could be reported to Council for its consideration.

The Bush Fire Environmental Assessment Code is the principal mechanism for environmental assessment and approval of bush fire hazard reduction in NSW. The NSW RFS have undertaken this review to provide for the main types of works utilised to achieve hazard reduction and to reflect relevant changes to environmental assessment processes. NSW RFS state that the aim of the review is to assist public authorities and private landholders to better undertake hazard reduction works for the benefit of our communities and the environment.

Planning for Bush Fire Protection (PBP) was developed by the NSW RFS to provide development standards for building in bush fire prone areas in NSW. It provides for the protection of human life and helps to minimise the impacts on property from the threat of bush fire.

The NSW RFS state that the aim of the review of Planning for Bush Fire Protection is to incorporate lessons learnt from major bush fire events such as the 2009 Victorian Black Saturday fires, along with changes to building code and construction standards. The revision of Planning for Bush Fire Protection 2006 has been undertaken by the NSW RFS.

More information is available on the NSW RFS website -

http://www.rfs.nsw.gov.au/news-and-media/have-your-say

Bush Fire Environmental Assessment Code

Council’s draft submission is contained in attachment 2.

The updating and improvements to the Bushfire Environmental Assessment Code and attachments is very welcome and, for the most part supported. Many referenced documents and tools are still under development or not available for use by local government. These include: Fire Trail Standards; Fire and Weed Management Guidelines and assessment tools within the Bushfire Protection for Existing Development Guidelines.

It is difficult to know the full extent of implications for Council as there have not been any background briefings or input into the development of these documents by Council. Once Council officers have a better understanding of the implications for Council, if any, a further report will be provided to Council.

There is likely to be significant financial implications for Council should it be the regulatory authority responsible for implementing the revised draft Bush Fire Protection for Existing Development - A Guide for Fire Agencies and Land Managers. This guide recommends upgrades of existing development to improve bushfire protection. Additional resources and budget would be required to regulate this.

Significant additional budget and resources are likely to be required to manage transport corridor fire breaks (TCFBs), a new type of hazard reduction not in identified or described in the current Bush Fire Risk Management Plan (BFRMP) template.

The introduction of linear fire breaks as a new type of fire management zone that is not identified or described in the (current) Bush Fire Risk Management Plan template is likely to require significant additional budget and resources to implement. The draft Shoalhaven District Bush Fire Management Plan identifies many linear fire breaks, many of which are Council roads. No consultation with affected stakeholders has been undertaken regarding their inclusion in the draft revised Code or BFRMPs, other than the release of the draft Code.

It is recommended that:

· The definition and use of this new fire management zone be expanded to include TCFBs with permissible locations defined in sections 3.6.1 & 3.6.2.

· The NSW RFS defer the introduction of both Transport Corridor Fire breaks and Linear Fire Breaks pending the outcome of further stakeholder consultation.

Planning for Bush Fire Protection

Council’s draft submission is contained in attachment 1, this submission is a detailed technical review of the document rather than a submission on general issues.

On 1 August 2002, Planning for Bushfire Protection 2001 was adopted in NSW. This was originally developed as a guide for local government but it was enshrined in legislation following a severe fire season in 2001/2002. This document was prepared by the NSW Rural Fire Service and it was ground breaking in addressing many of the problems impacting on subdivisions, new dwellings and existing development. It also called up the construction requirements of AS3959 (1999) – Buildings in bushfire prone areas and was seen as a pioneer document for dealing with bushfire issues.

The document was revised, improved and amended in 2006. Following the devastating bushfires in Victoria in February 2009, changes were made to the Australian Standard AS3959 (2009) – Buildings in bushfire prone areas and this was adopted in NSW in 2010. To facilitate the necessary enhancements to Planning for Bushfire Protection 2006, an Addendum dated 2010 was prepared by the NSW Rural Fire Service. This effectively aligned Planning for Bushfire Protection 2006 with AS3959 (2009) and also dealt with the state specific matters that applied here in NSW. For example, here in NSW we have

· a different vegetation classification system that was developed by the NSW RFS;

· upsized the requirements for timber decks resulting in bushfire resistant timbers being required for supporting posts, framing and decking material;

· upsized the requirements for unenclosed spaces beneath buildings; and

· specific measures for sarking and unenclosed spaces beneath buildings.

The new Planning for Bushfire Protection 2017 is yet another improvement that recognises the increased research in this space. The requirements in the 2010 Addendum have been included and the flow and read of the document has been significantly enhanced and improved. The document is still NSW specific and it logically deals with the bush fire issues by addressing the following:

· Legal framework of the legislation

· Bush fire protection measures

· Strategic planning

· Residential and rural residential subdivisions

· Special fire protection purpose developments (vulnerable developments such as nursing homes, schools, etc.)

· Residential infill development

· Other development (including non-residential uses such as offices, factories, historical buildings, wind farms, telecommunication towers and outdoor community events)

· Grassland.

Generally, the comments are positive and the transition into this new version of Planning of Bush Fire Protection will not cause a great number of concerns. Staff have prepared some comments for the RFS suggesting where clarification needs to be considered to make the document more user friendly and alleviate possible anomalies. The main issues that have changed are as follows:

· Site assessment: - A new site assessment methodology is provided in the document and this is specific for NSW vegetation. This alleviates the need to use Section 2 in AS3959 (2009). There are a lot more tables to consider but they are not difficult to interrupt and people will no doubt become more proficient over time.

· Construction standards: - Generally the requirements of AS3959 (2009) – Buildings in bush fire prone areas will be used. There are some variations to upsize the previous matters listed in the Addendum and this is a consistent approach. There are now requirements for landscaping closest to the dwelling (mown grass or pavement) and non-combustible fencing. These are both positive outcomes and address the most recent research on building loss in these areas. There is also more reliance on providing a static water supply on site and good access for fire fighting operations.

· Grassland considerations: - The new grassland requirements stipulate a flame zone distance and all areas to 50 metres only need to address BAL-12.5. This will be a saving to the end user but questions have been raised on backing up this approach with peer reviewed research.

· Greater reliance on bush fire consultants: - for vulnerable developments and where performance based solutions are proposed, there is a greater emphasis on reports from recognised bush fire consultants. This allows a greater flexibility in the design and final outcome for proposals.

Staff have recently received in-house training in the research and requirements for developments located in bush fire prone areas. It is anticipated that once the document is finalised, the NSW RFS will roll out additional training to assist with its implementation.

Policy Implications

Following adoption of the Bushfire Environmental Assessment Code and Planning for Bushfire Protection any relevant policies will need to be reviewed for consistency with the new documents.

Financial Implications

Potentially additional budget and resources are likely to be required to implement new requirements for Council as a land manager under the draft revised Bushfire Environmental Assessment Code and potentially as a regulator under the draft revised Bush Fire Protection for Existing Development.

However, at this stage, it is difficult to quantify the full implications as no training or briefings have been provided to date and some supporting documents have not been released. Council is requesting that further consultation be undertaken with land managers so that meaningful feedback can be provided to the NSW RFS once land managers have been provided further information and advice about the draft documents and their intended implementation.

Risk Implications

If the Bushfire Environmental Assessment Code is adopted without further landholder consultation there is potential for increased risk for Council as a land manager that will need to be managed, particularly in relation to transport corridor fire breaks and linear fire breaks.

Ordinary Meeting – Tuesday 27 June 2017

Page 137

CL17.182 Proposed Submission - Amendments to State Environmental Planning Policy No. 64 Advertising and Signage

HPERM Ref: D17/153143

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Submission - DP&E - SEPP 64 Advertising & Signage & EP&A Regulation 2017 ⇩

2. SEPP 64 Transport Corridor Outdoor Advertising and Signage Guidelines - 2015 (under separate cover) ⇨

Purpose / Summary

Detail changes proposed to State Environmental Planning Policy No. 64 - Advertising and Signage (SEPP 64) and the Environmental Planning & Assessment (EP&A) Regulation 2000 (the Regulation) and enable a submission to be made in this regard.

Recommendation

That Council make the submission attached to this report to the NSW Department of Planning and Environment (DP&E) on the consultation draft of State Environmental Planning Policy No 64 - Advertising and Signage (Amendment No 3) and Environmental Planning and Assessment Amendment (Penalty Notices for Parked Trailer Advertisements) Regulation 2017.

Options

1. Adopt the resolution and endorse Attachment 1 as Council’s submission to the proposed State Environmental Planning Policy No 64 - Advertising and Signage (Amendment No 3) and Environmental Planning and Assessment Amendment (Penalty Notices for Parked Trailer Advertisements) Regulation 2017.

Implications: This is the preferred option, as it will enable Council to provide a submission on the proposed changes to SEPP 64 and the EP&A Regulation in relation to advertising in transport corridors and advertising on parked trailers.

2. Make changes to the draft submission included as Attachment 1 and submit to DP&E.

Implications: This option will still enable Council to provide a submission, however the implications of any possible changes are unknown and may require closer consideration or refinement.

3. Not make a submission.

Implications: This is not favoured, as it will mean that Council does not provide input on the changes proposed to SEPP64 and the EP&A Regulation in relation to advertising in transport corridors and advertising on parked trailers to improve road safety.

Background

The NSW Government, through the Department of Planning & Environment (DP&E) and Transport for NSW, are proposing changes to SEPP 64 and the Regulation in relation to advertising in transport corridors to address safety and amenity concerns relating to the growing proliferation of trailer based advertising on roads and adjacent areas.

The proposed amendments address the feedback received during 2016 on the Transport Corridor Outdoor Advertising and Signage Guidelines (the Guidelines) (provided as Attachment 2) and to increase road and rail safety.

The Guidelines complement the provisions of SEPP 64, by outlining best practice for the planning and design of outdoor advertisements in transport corridors and include design criteria and road safety considerations that are used in the assessment of Development Applications alongside Shoalhaven Development Control Plan (DCP) 2014 Chapter G22: Advertising Signs and Structures.

Current Exhibition

The NSW Government is currently seeking feedback on changes to SEPP 64 and associated the Regulation and have placed the following material on public exhibition between 5 May and 30 June 2017. The following exhibition material is available on DP&E’s website at: planning.nsw.gov.au/proposals:

· Consultation draft: State Environmental Planning Policy No. 64 – Advertising and Signage (Amendment No 3) (SEPP 64);

· Consultation draft: Environmental Planning and Assessment Amendment (Penalty Notices for Parked Trailer Advertisements) Regulation 2017 (the Regulation);

· Changes to planning rules for outdoor advertising Frequently Asked Questions; and

· Explanation of Intended Effect.

The proposed changes seek to improve road safety by ensuring that State planning rules reflect and support the proposed changes to the Guideline on the use of advertising signs in transport corridors i.e. major roads or railway corridors, and land owned, occupied or managed by Roads and Maritime Services or Sydney Trains/NSW TrainLink. The changes also seek to address safety and amenity concerns relating to the growing proliferation of trailer based advertising within or within view of roads and road related areas.

Draft SEPP No. 64 – Advertising and Signage (Amendment No 3)

SEPP 64 provides planning controls in relation to outdoor advertising and signage in NSW that is visible from any public place or public reserve. The SEPP aims to ensure that outdoor advertising is compatible with the desired amenity and visual character of an area, provides effective communication in suitable locations and is of high quality design and finish.

The key changes proposed to the SEPP (outlined in further detail below) include:

· Repealing clause 16(4)(b) to ensure advertising in transport corridors is permissible with consent;

· Inserting a new clause 27A to prohibit advertising on parked trailers on roads and road related areas;

· Requiring development consent to display advertising on trailers that are parked on private land, viewable from a road or road related area; and

· Updating terms and definitions and rephrasing clause 6 Signage to which this Policy applies

Repeal of clause 16(4)(b) - Transport corridor land

Any Local Environmental Plans (LEP) made after 3 August 2007 that prohibit advertising in a transport corridor, currently overrides the provisions of SEPP 64. Repealing clause 16(4)(b) from SEPP 64 will permit advertisements within transport corridors (e.g. along the Princes Highway and the Railway Corridor) with development consent, despite the provisions of an LEP. Councils will continue to determine whether advertising is permitted on land outside transport corridors.

However, the proposed changes will not apply to signs positioned on the roof of parked motor vehicles, as the definition of ‘advertisement’ in SEPP Clause 9(d) does not include signage on vehicles.

Potential revenue to the Roads and Maritime Services (RMS) and Sydney Trains from advertisements in transport corridors will be used to fund public benefit programs such as road safety improvements, better public transport services and improvements to public amenity.

Clause 27A Advertisements on trailers parked on (or visible from) roads or road related areas

The addition of clause 27A into SEPP 64 will prohibit advertisements on trailers parked on all roads and road related areas (as defined by the Road Transport Act 2013) i.e. roads, road shoulders, road reserves, footpaths and nature strips/road verge. The aim of clause 27A is to address safety and amenity concerns related to the growing proliferation of trailer-based advertising within, or seen from, roads and road related areas.

The prohibition will therefore apply to all roads open to, or used by, the public in the Shoalhaven, in addition to the Princes Highway. Clause 27A will also require consent for the display of advertisements on trailers parked on private land that are visible from a road or road related area. The proposed consent requirements and prohibition will not apply to advertisements on parked trailers that are:

· Ancillary to the dominant purpose of the trailer (for example, signage on a removalist trailer or a trailer for gardening services), or

· Parked by or on behalf of a public authority (such as RMS) in exercising their functions.

As clause 9(d) Advertisements to which this Part applies currently provides that there is no consent requirement for advertising on vehicles, this clause is proposed to be amended to implement the new clause 27A applying to signage on a parked trailer. Clause 27A will not apply to advertisements positioned on the roof of a parked motor vehicle.

Draft Environmental Planning and Assessment Amendment (Penalty Notices for Parked Trailer Advertisements) Regulation 2017

The proposed amendment to the Regulation introduces a new penalty notice offence in Schedule 5 Penalty Notice Offences in conjunction with a breach of the new Clause 27A in SEPP 64, and can result in the issue of a penalty notice. The proposed changes will introduce $1500 fines for individuals and $3000 for businesses/corporations who advertise on trailers parked on roads, footpaths, nature strips and road shoulders. This will enable Council to issue penalty notices for parked trailers that are taking up a parking space, restricting sight lines or causing a distraction.

Proposed Council Submission

The proposed changes are generally supported as Council has consistently worked to prevent the proliferation of unnecessary signage. Some additional matters have been identified for consideration by DP&E in finalising the changes and the key issues outlined in the proposed Council submission (provided as Attachment 1) include:

1. Review the provisions permitting ‘advertising’ in transport corridors with development consent - The introduction of clause 27A will prohibit advertising on parked trailers on all roads and road related areas however it does not prohibit signage positioned on the roof of parked motor vehicles. As the definition of ‘advertisement’ in SEPP 64 (via Clause 9(d)) excludes ‘signage on vehicles’, this matter should be further considered and clarified by DP&E as this is a growing and often unsightly trend.

2. Expand clause 27A provisions to all parked motor vehicles – Prohibiting advertising on parked trailers is likely to simply result in an increase in the use of advertising positioned on the roof of parked motor vehicles (cars, vans, trucks) instead. This would generate similar road safety concerns related to parked trailers such as obstructing sight lines, causing distractions and taking up on-street parking spaces. As such, clause 27A should be expanded to also prohibit advertising on parked motor vehicles i.e. cars, vans, and trucks as well as parked trailers.

3. Expand provisions requiring development consent to display advertising on trailers on private land seen from a road/road related area - this requirement should be broadened to apply to advertisements on all parked motor vehicles in addition to parked trailers given that the proliferation of advertising trailers may simply be replaced by parked motor vehicles with advertisements positioned on the roof instead.

4. Provide a comprehensive full set of relevant definitions in SEPP 64 – For ease of use the types of signage that may be captured by SEPP 64 should be specifically listed and defined in the SEPP. In addition, a comprehensive list of relevant definitions from multiple external pieces of legislation should be provided in Clause 1 of SEPP 64 (or at least re-produced in full in the Guidelines) including road, road related area, classified road, main road, public road, advertisement, advertising structure, public transport agency, public place, public authority etc.

5. Enable penalty notices to be issued for advertisements displayed on parked motor vehicles and parked trailer advertisements - The regulation requirements should be broadened to apply to advertisements on all parked motor vehicles (cars, vans, trucks, motor cycles etc.), as well as trailers, to enable Council to issue penalty notices for these vehicles, as required.

Community Engagement

The public exhibition documents have been available for community comment on DP&E’s website between 5 May 2017 and 30 June 2017.

Policy Implications

Future amendments to Shoalhaven DCP 2014 Chapter G22: Advertising Signs and Structures may be required as a result of the proposed amendments to SEPP 64 and the EP&A Regulation. Any required future amendments would be separately considered and reported to Council, as needed.

Financial Implications

There are no immediate financial implications for Council, however the proposed changes to the EP&A Regulation will introduce a new penalty notice offence in Schedule 5 Penalty Notice Offences involving $1500 fines for individuals and $3000 for businesses/corporations who advertise on trailers parked on roads, footpaths, nature strips and road shoulders.

Risk Implications

There are no immediate risk implications for Council in making a submission to DP&E, however there may be additional ranger/compliance resources required.

Ordinary Meeting – Tuesday 27 June 2017

Page 144

CL17.183 Draft Worrowing Heights Precinct Plan - Update & Next Steps

HPERM Ref: D17/157861

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Draft Worrowing Heights Precinct Plan and Strategic Directions Report (under separate cover) ⇨

Purpose / Summary

Provide an update on the Worrowing Heights Precinct Plan and obtain direction to commence landowner consultation on the draft Precinct Plan and Strategic Directions Report.

Recommendation

That Council:

1. Adopt the draft Worrowing Heights Precinct Plan and Strategic Directions Report for the purposes of landowner and broader community consultation.

2. The draft Worrowing Heights Precinct Plan and Strategic Directions Report be made publicly available for minimum period of 28 days.

3. Request the proponent of the Planning Proposal for 1310 Naval College Road, Worrowing Heights to consider the draft Precinct Plan as exhibited and modify their proposal accordingly.

4. Council staff report back after the landowner/community consultation and dialogue with the proponent of the PP.

Options

1. Adopt the recommendation.

Implications: This will enable the progression of an overall strategic direction for the broader precinct. This will also allow an initial decision to be made for the Planning Proposal (PP) over 1310 Naval College Road, Worrowing Heights.

2. Adopt an alternative recommendation.

Implications: This may delay a strategic direction being finalised for the broader precinct and affect the ability to make a decision for the PP over 1310 Naval College Road, Worrowing Heights that can ultimately be justified and be able to progress.

Background

On 18 July 2016, the Development Committee considered a report on a proponent initiated Planning Proposal (PP) that had been received for 1310 Naval College Road, Worrowing Heights that sought to rezone the site SP3 Tourist under Shoalhaven LEP2014 and increase the maximum height of buildings to 18m under the LEP.

The Committee resolved (under delegation) to:

a) Defer a decision on the Planning Proposal to rezone 1310 Naval College Road, Worrowing Heights to SP3 Tourist; until a more detailed strategic planning exercise that considers the future zoning of the broader precinct as per the previous Council resolution has been investigated.

b) Report the issue back to Council following the strategic review of the broader precinct.

c) Advise the proponent, the NSW Rural Fire Service and Department of Planning and Environment of this resolution

Following this resolution, Council staff met with the proponent to discuss the preparation of a precinct plan for the broader area. The two options discussed were either Council or the proponent engaging a consultant to prepare the precinct plan. The proponent advised that they wished for Council to undertake this process. Thus, in September 2016, Locale Consulting Pty Ltd (Locale) commenced a strategic review of the precinct (outlined in red) as illustrated in Figure 1 below. The site within the precinct to, over which the PP was submitted, is outlined in blue.

Figure 1 – Precinct Plan Boundary

Draft Strategic Directions Report and Precinct Plan

The draft Strategic Directions Report prepared by Locale provides a potential strategic planning framework for the future use of approximately 67 hectares of land within the precinct at Worrowing Heights. A copy of the draft report is provided as Attachment 1.

The draft Strategic Directions Report contains a strategic directions analysis for the precinct that is based on investigations undertaken of the physical environment constraints, opportunities, infrastructure requirements, landowner consultation, tenure arrangements and review of existing strategic planning policies and land use options.

The draft report recognises the unique attributes of the precinct in relation to the:

- Natural environment, including the site’s interface with adjoining National Parks;

- Relatively large size of the precinct and need to consider it in a staged manner, both from a land supply demand and long term planning perspective; and

- Location on an urban/ rural fringe that creates both opportunities and constraints to possible land uses that may be viable in the precinct.

Precinct Plan Options

The draft Strategic Directions Report identifies four possible options for a precinct plan.

Whilst the plans are high level and indicative only, they identify boundaries for short to long-term uses and the retention of vegetation zones within the existing RU2 Rural Landscape zone. These options have also been informed by a strategic site analysis (included as an appendix to Attachment 1) and a Market Feasibility Analysis (prepared by Walsh & Monaghan Pty Ltd, dated 24 April 2017 and included as an appendix to Attachment 1).

The options also respond to the precinct plan principles as contained in the report, and the precinct vision to recognise the unique natural characteristics of the precinct, and create staged opportunities for future land uses that are both connected to, and balanced with, the surrounding Bay & Basin area.

All of the options recognise the most significantly environmentally constrained land located in the south-western corner of the precinct, from both a flora and fauna and bushfire perspective. This portion of the precinct is recommended to maintain its existing RU2 Rural Landscape zone, or to possibly be rezoned to an environmental zone in the future following appropriate studies. This approach is consistent with the Shoalhaven Local Environmental Plan 2014, Jervis Bay Settlement Strategy, Illawarra Shoalhaven Regional Plan where relevant and recent site-specific data that has been obtained through development applications.

Option 1

Figure 2 – Option 1 Precinct Plan

Option 1 includes short-term and long-term urban use investigation areas. The short-term investigation area has been identified due to its proximity to the existing urban area, i.e. Bayswood Estate and Vincentia. Due to the large size of this area (39 ha), careful consideration will need to be given to land supply and detailed staging, should this option be pursued.

Option 2

Figure 3 – Option 2 Precinct Plan

Option 2 provides opportunities for precincts within the broader precinct, with the prospect of a gateway or landmark site at the crossroads. A gateway / landmark site could incorporate various land uses including educational establishments, tourist & visitor accommodation, eco-tourist facilities, information & education facilities, recreation facilities and/or commercial premises.

Urban uses could also be investigated in the short-term in area 2, which would be physically separated by the gateway/landmark site through a vegetation corridor. The vegetation corridor recognises the environmental constraints of this area. The draft Strategic Directions Report identifies that the separation of the two development precincts may create issues of viability/increased development costs, environmental impact (i.e. edge effects of development within precincts) and ongoing management of vegetated areas. This along with land supply and staging will need to be considered in detail, should this option be pursued.

Option 3

Figure 4 – Option 3 Precinct Plan

Option 3 includes short-term and long-term urban use investigation areas. The short-term urban use investigation area has been identified due to its proximity to the existing urban area (being Bayswood Estate and Vincentia), possible servicing and access arrangements and distance from the identified western bushfire risk. The smaller size of the short-term urban use investigation area creates an opportunity to focus on detailed planning for that area whilst not discounting future urban use if or when it is appropriate to investigate in the medium/longer term. This is an important consideration in the context of the Market Feasibility Analysis.

Note: Option 3 is identified in the draft Strategic Directions Report as the preferred Precinct Plan of the four presented.

Option 4

Figure 5 – Option 4 Precinct Plan

Preferred Precinct Plan

Figure 6 – Preferred Precinct Plan in the Draft Strategic Directions Report

Option 4 includes a large short-term urban use investigation area across the remainder of the precinct. It is noted that the short-term urban use investigation area is larger than the nine stage Bayswood Estate, and would require careful land supply consideration and a detailed staging plan, should Option 4 be pursued.

The preferred Precinct Plan (shown in Figure 6 above) proposes a balanced approach to environmental protection and provision of urban land use investigation, whilst recognising the changing nature of the surrounding area. This option contains a number of phases (i.e. not made available all at once) and recognises that any future urban land use and potential rezoning is most viable within ‘Phase 1’ in Figure 6, subject to targeted studies. The Phase 1 area allows for better integration with surrounding urban development associated with Bayswood Estate, whilst providing the opportunity to address residential land demand in the medium to longer term with the Phase 2 area.

The preferred Precinct Plan also provides the opportunity for a gateway site, if desired/appropriate, at the intersection of The Wool Road and Naval College Road, which has the potential to act as an anchor to the precinct. Development of this site could take many forms, in which case it would possibly be appropriate to explore land uses and key design outcomes as a separate planning process. The landmark site concept was considered possible in the Market Feasibility Analysis.

Whilst the preferred Precinct Plan is based on the fundamentals of Option 3 (as discussed above), it also builds on the preferred precinct plan in the Market Feasibility Analysis of Option 4 with respect to addressing demand for residential land release, and the recognition of the potential use of the gateway site.

The draft Strategic Directions Report advocates that this option will allow the Precinct Plan vision and principles to be fulfilled as planning continues for the precinct. The preferred Precinct Plan would be subject to further studies to determine a more detailed planning outcome for the precinct, this would include but is not limited to; flora and fauna, bushfire, traffic, visual impact, infrastructure servicing, hydrological, contamination and geotechnical assessment. These studies would then inform a masterplan of the precinct to manage staging, recreation and environmental connections, landscape buffers, retention of existing vegetation, potential for key development sites and future road network.

Possible core land uses/zones

The draft Strategic Directions Report provides a discussion of possible core land uses and zones, summarised below, in the context of the Precinct Plan and is informed by the Market Feasibility Analysis.

Tourism

The draft Strategic Directions Report identifies that as part of the Market Feasibility Analysis, it was concluded that there is not sufficient demand for more land to be zoned for tourism purposes in the Bay & Basin area and therefore within the precinct.

The Market Feasibility Analysis states “it is considered that there is sufficient land available to promote tourism opportunity within both the immediate “Bay and Basin” locality and the broader Shoalhaven considering that these opportunities may also be available in other zones, albeit, at a fairly low key scale which is consistent with current development trends”.

The draft report concludes that some tourism land uses incorporated under the group term of “tourist and visitor accommodation” (excluding farm stay accommodation) are permitted in residential zones such as R1 General Residential and therefore could be pursued in the short, medium and longer term under this zone, if applied, within the precinct.

Business/Commercial

Within the Bay and Basin area, the Market Feasibility Analysis determined that business and commercial land uses are generally well catered for, especially within the vicinity of the precinct because of the recent Vincentia Marketplace development. As such, specific business zones are not considered warranted within the precinct at this stage.

The preferred Precinct Plan provides the opportunity for the development of a gateway site that could benefit from a business zone such as B4 Mixed Use. The draft Strategic Directions Report acknowledges that some permitted land uses may not be suitable at the crossroads intersection, therefore recommends that a separate planning process be undertaken to determine appropriate land uses and key design solutions in light of the precinct plan vision and principles. Some non–residential, business land uses that may be appropriate on the “gateway site” are permissible in the R1 General Residential zone.

Some business type land uses could be pursued in the short, medium and possibly longer term under a R1 General Residential zone within the precinct, or via a separate planning proposal process in the area of the gateway site.

Residential

The Market Feasibility Analysis identified that the demand for residential land is driven by the supply of appropriate zoned land. Due to the environmental constraints of the Bay and Basin area, it was considered that the demand for residential zoned land might not be able to be satisfied in the medium to long term. The report states: “the lack of zoned land will eventually impact supply, therefore, is also likely to sustain the demand for residential land in this location over the medium to long term as the existing stock is absorbed by the market.”

The draft Strategic Directions Report recommends that it is appropriate to consider a residential zone to provide opportunity for the residential development in association with supporting development controls. The R1 General Residential zone permits low density residential uses as well as seniors housing and multi dwelling housing, for which there may be demand for in the longer term.

Detailed studies will need to be undertaken, which may limit the area of developable land and can be zoned for residential purposes. This may support a R1 General Residential zone (rather than the R2 Low Density Residential or R5 Large Lot Residential zone) to achieve feasible density outcomes.

Other Land Uses

Other land uses investigated as possible within the precinct (which would not be permitted in an R1 General Residential zone or by a State Environmental Planning Policy) include health services facilities, recreation facilities and environmental facilities. If a planning proposal is pursued and the subject land uses are warranted, these land uses may be able to be investigated further.

Building Height

The draft Strategic Directions Report indicates that the maximum height of building of 11m should be retained in light of the Precinct Plan vision and principles. Alternatively, should the precinct be rezoned for residential purposes the maximum height of buildings is recommended to be 8.5m. An increased height of building could be considered on the gateway site to form a landmark into the precinct; this would need to be investigated as part of a separate planning proposal process.

Planning Proposal – 1310 Naval College Road

The current PP over 1310 Naval College Road proposes to rezone the land from RU2 Rural Landscape to SP3 Tourist, and increase the maximum height of buildings from 11m to 18m. The intent of the PP is to allow the future development of the site for a tourist development, specifically a 180-room serviced apartments and 120-room hotel and associated uses.

A preliminary review of the PP by the consultants has determined that the proposal is potentially an overdevelopment of the site. The proposed height is not in keeping with the existing and future scale of development on the urban/rural fringe of the Bay and Basin area. The review notes that the economic assessment does not justify the proposed location or the proposed size of development; this creates the risk of undermining future development for tourist accommodation in a more appropriate location.

The draft Strategic Directions Report recommends a preferred Precinct Plan option that supports a R1 General Residential zone over approximately 60% of the precinct. It also proposes that the existing maximum height of buildings of 11m is retained or alternatively, should the precinct be rezoned for residential purposes the maximum height of buildings be amended to 8.5m. The same approach is currently recommended over the subject PP site.

As part of the proposed landowner consultation, discussions will be held with the proponents of the PP. As part of this process, it is recommended that the proponent consider the draft Strategic Directions Report and the preferred precinct plan and if appropriate modify their proposal accordingly. Following the landowner consultation, a report to consider a revised PP will be provided to Council for consideration.

Community Engagement

Following the resolution to undertake a more detailed strategic review of the broader precinct, Council wrote to landowners within the precinct advising of the preparation of a Precinct Plan. As part of this process, the landowners were provided with an opportunity to provide feedback on their aspirations for their land and the precinct generally. Out of the 23 landowners in the precinct, 16 responded (either verbal or in writing).

Another opportunity was provided to the landowners to provide feedback during a site inspection of the precinct. Some landowners requested that the consultants do not enter their properties, these requests were respected.

There were various possible future uses identified by the landowners including residential, mixed use and tourism. Further discussion on the landowner consultation is provided in the draft Strategic Directions Report.

There are no legislative provisions with respect to community engagement for precinct plans. Although this is the case, it is considered good practice to continue to engage with the landowners within the precinct. A drop-in session will be held to provide landowners and the broader community, including Community Consultative Bodies, an opportunity to discuss the draft Strategic Directions Report and the preferred Precinct Plan option with the consultants and Council staff.

In addition, the draft Strategic Directions Report will also be made available on Councils internet site for comment for a minimum period of 28 days.

Ordinary Meeting – Tuesday 27 June 2017

Page 153

CL17.184 Council Submission - Proposed Greenfield Housing Code

HPERM Ref: D17/174166

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Council Submission to proposed Greenfield Housing Code ⇩

2. Background Paper - A Review of Complying Development in Greenfield Areas (under separate cover) ⇨

3. Explanation of Intended Effect Proposed Greenfield Housing Code (under separate cover) ⇨

Purpose / Summary

Endorse the Council submission (Attachment 1) on the proposed Greenfield Housing Code amendment to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 that was made prior to the public exhibition deadline of 16 June 2017.

Recommendation

That Council:

1. Endorse the attached submission (Attachment 1) to the NSW Department of Planning and Environment on the proposed Greenfield Housing Code; and

2. Advise the NSW Department of Planning and Environment of this resolution.

Options

1. Endorse Attachment 1 as Council’s submission on the proposed Greenfield Housing Code.

Implications: This is the preferred option, as it will enable the Council resolution to be forwarded to the NSW Department of Planning and Environment (DP&E) confirming the Council support for the submission.

2. Adjust Attachment 1 and include additional comments as necessary and submit to DP&E.

Implications: Although not preferred, this option enables modifications and additions to be made to the submission for DP&E’s consideration and enable a modified submission to be provided.

3. Not endorse the submission.

Implications: This option is not favoured as it may result in the issues raised in the attached submission not receiving appropriate attention in the final Greenfield Code. This could have significant future implications for nominated Urban Release Areas (URA) in Shoalhaven.

Background

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) is a State Government policy which provides a streamlined and flexible planning approval system for development with generally no or minimal impact.

Under the Codes SEPP, the General Housing Code currently allows the development of one and two storey dwelling houses to be carried out under a fast track approval process called complying development. DP&E aims to provide opportunities to increase the uptake of residential complying development in Greenfield areas by simplifying the development standards and tailoring them to suit new growth areas through the proposed Greenfield Housing Code (Code).

The proposed Code documentation was on exhibition for community comment from 16 May to 16 June 2017 and was available for viewing on the DP&E’s website: planning.nsw.gov.au/proposals. The Background Paper and an Explanation of Intended Effect for the proposed Code are provided at Attachment 2 and 3.

The proposed Code is intended to apply to land defined as a residential release area under clause 136AB of the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation), and any other Greenfield release areas nominated by Councils and identified in a schedule to the Code.

In Shoalhaven, the proposed Code will apply to all URA’s mandated by Part 6 of the Shoalhaven Local Environmental Plan 2014, at this point, those in the Nowra-Bomaderry area and also the Badgee area at Sussex Inlet.

The proposed Code will apply to land zoned R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential, R4 High Density Residential, and RU5 Village, which is consistent with the General Housing Code.

The key initiatives and elements of the proposed Code include:

· Removing identified barriers to the take up of complying development including enabling private certifiers to issue complying development certificates on lots that have been approved, but not registered;

· Allowing driveway locations to be approved ‘in principle’ at the subdivision stage;

· Enabling Section 68 Local Government Act approvals on vacant lots;

· Allowing complying development despite a registered easement in certain circumstances;

· Development of a set of Subdivision and Masterplan Guidelines.

· Simplifying and basing key development controls on lot width rather than lot area;

· Using site coverage as a control rather than gross floor area;

· Consistent numerical dwelling front setbacks rather than averages;

· Maximum depth of 6m for any habitable room from a window;

· Allowing a double garage on lots 10m wide and over; and

· Improving landscaping provisions by requiring a tree in the front and rear setback of a property.

Council Submission

Whilst the proposed Code is a general improvement on the current Housing Code, there are elements of the proposed Code that are of concern.

The key issues outlined in the submission (Attachment 1) include:

1. The proposed Code is metro-centric - Many of the key elements proposed have been informed by the Sydney Growth Centre Development Control Plans and therefore allow for development on lots as small as 6-7 metres wide, 25m deep and a minimum of 200m² in area. DP&E have been requested to consider a regional variation to the proposed Code that would be better suited to the Shoalhaven URAs and provide better protection to the residential amenity and the desired future character for these areas.

2. Changes to the process of how Complying Development Certificates (CDC) are issued – Allowing CDCs to be issued prior to lot registration may be counterproductive and slow the overall approval process, for example if an amendment to a subdivision consent is made. This is also inconsistent with the notion of obtaining planning and construction approval at the same time.

3. Minimal guidance around the articulation zone – Whilst the articulation zone is defined in the Codes SEPP, there is limited guidance as to what can be built in this zone and whether it will be managed by specific development standards.

4. Protection for lots with rear lane access – The proposed Code offers no protection for lots where Council provisions require rear lane access (i.e. no driveway at the primary street frontage). This is a key design component that is being considered for certain land within the Moss Vale Road South URA and it could ultimately be compromised by the lack of relevant provisions in the proposed Code.

5. Improved landscaping provisions – While the requirement for a tree in the front and rear setback will be positive in ‘greening’ a new release area and reducing the heat island effect, suitable guidance should be provided on the minimum pot size to encourage establishment and survival, and species suitable for the locality.

Conclusion

Due to the tight timeframe set down by DP&E for submissions, it was important for Council to make a submission on this matter prior to 16 June 2017 to ensure that the proposed draft Code is appropriate in the context of Shoalhaven and regional areas generally. Any additions or amendments to the Council submission will be forwarded to DP&E with the Council resolution.

Policy Implications

DP&E proposes a three year transition period between the application of the existing policy for residential complying development (General Housing Code, soon to be replaced with the new Housing Code) and the proposed Code.

The proposed Code is generic and there will be little opportunity for Council to control residential development approved under this pathway. It is crucial that Council has input at the subdivision and master planning stages to produce a good subdivision layout and design outcome that encourages a positive character and amenity, resulting in a desirable place to live.

Financial Implications

There are no immediate financial implications in this regard.

Community Engagement

The draft documentation was on exhibition for community comment for a period of 5 weeks from 16 May to 16 June 2017 and was available for viewing on the DP&E’s website.

Ordinary Meeting – Tuesday 27 June 2017

Page 161

CL17.185 Funding Offer - NSW Heritage Grants 2017-18 and 2018-19

HPERM Ref: D17/179789

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. NSW Office of Environment and Heritage - 2017-19 - Local Heritage Places Letter of Offer ⇩

2. NSW Office of Environment and Heritage - 2017-19 - Local Heritage Advisor Letter of Offer ⇩

Purpose / Summary

Detail the NSW Heritage Grants funding offers received for the 2017-18 to 2018-19 financial years from the NSW Government and seek endorsement to accept the offers.

Recommendation

That Council:

1. Accept the NSW Heritage Grants funding offers for 2017-18 and 2018-19 for the Local Heritage Places and Local Government Heritage Advisor streams; and

2. Allocate sufficient funding through the 2018-19 Council Budget process to meet Councils matching commitment in this regard.

Options

1. Adopt the recommendation.

Implications: This will enable NSW Heritage Grant funding offers to be accepted which will ensure the continuation of the Heritage Advisor Service and Shoalhaven Local Heritage Assistance Fund Program for 2017-18 to 2018-19.

2. Adopt an alternative recommendation.

Implications: This would not be inconsistent with the established process that has been followed for this grant funding that Council has been successfully promoting and administering.

Background

Council has continued its commitment to local heritage projects by supporting grants offered by NSW Heritage Grants. This grant funding provided by the NSW Office of Environment and Heritage (OEH) assists Council to employ a Heritage Advisor and to run an annual Local Heritage Assistance Fund to provide grants of up to $5,000 for a wide range of small heritage projects including general maintenance, adaptive reuse, or sympathetic alterations/additions for heritage items.

The conservation of Shoalhaven’s cultural heritage by its owners is clearly beneficial to the broader community and visitors to the area. These grants, although small, show that Council and the NSW State Government are committed to providing assistance to owners to conserve and enhance their properties for future generations. These heritage projects demonstrate Council’s commitment to heritage conservation management and promoting cultural sustainability, heritage tourism and the Community Strategic Plan.

NSW Heritage Grants Program 2017-18 and 2018-19

OEH have introduced a new NSW Heritage Grant process, requiring Councils to apply for two (2) financial years in the one application, to provide greater efficiency in grant administration and management processes and provide financial certainly for Councils.

NSW Heritage Grant funding was sought under the following streams:

· Local Heritage Places (Shoalhaven Local Heritage Assistance Fund) – application was successful and Council has been offered a grant of up to $7,500 per annum (ex GST) for 2017-18 and 2018-19. Acceptance is required by 31 July 2017.

· Local Government Heritage Advisors – application was successful and Council has been offered a grant of up to $8000 per annum (ex GST) for both the 2017-18 and 2018-19 financial years towards providing a Heritage Advisor Service for Shoalhaven. Acceptance is required by 31 July 2017.

· Local Government Planning Studies (Review of Heritage Study for Heritage Conservation Area: Berry Township) – application was not successful as this stream was oversubscribed.

A subsequent application under Heritage Near Me – Local Heritage Strategic Projects is currently being prepared with assistance from Council’s Heritage Advisor and will be submitted shortly. The funding available is $10,000 to $100,000 per project. Should this be successful it will be separately reported.

Community Engagement

No specific community engagement is required in relation to this report. The Shoalhaven Local Heritage Assistance Fund will continue to be advertised in accordance with the usual process when the funding round opens, following acceptance of the funding offers. Direct advice will also be provided to people who have previously expressed an interest in the program.

Policy Implications

As part of the funding agreement for Local Government Heritage Advisors Grant and to claim, re-imbursement Council is required to submit a Heritage Strategy covering 2017-19. Council reaffirmed the Shoalhaven Heritage Strategy 2014-2017 to extend it to 2017-2020 on 9 May 2017.

A separate broader major review and amendment of the four year Shoalhaven Heritage Strategy will be undertaken in conjunction with Council’s Heritage Advisor in the coming months and will be reported to Council for endorsement.

Financial Implications

Shoalhaven Local Heritage Assistance Fund (Local Heritage Places Grant)

The funding offer from OEH for the 2017-18 and 2018-19 years is up to $7,500 (ex GST) per annum, with a funding formula for both years of $1: $1 (OEH: Council). Therefore, Council needs to contribute at least $15,000 initially in order to claim reimbursement of the maximum grant amount offered.

For the 2017/18 financial year Council’s budget currently includes $21,000. While this amount is higher than the minimum required amount of $15,000, the additional funding available is likely to be taken up by small heritage projects given the success of previous years and the positive influence the projects have on Heritage Conservation throughout Shoalhaven.

Council will need to ensure that sufficient funding is provided in the 2018-19 financial years to cover Council’s required financial commitment for this period.

Local Government Heritage Advisors Grant

The funding offer from OEH for the 2017-18 and 2018-19 years is up to $8,000 (ex GST) per annum, with a funding formula for both years of $1:$1 (OEH:Council). Therefore, Council needs to contribute at least $16,000 in order to claim reimbursement of the maximum grant amount offered.

For the 2017-18 financial year Council’s budget currently includes $12,000. However, Council will need to contribute at least $16,000 to claim reimbursement of the maximum grant amount offered of $8,000. The additional $4,000 required will need to be resolved through the quarterly budget review process as required.

Council will need to ensure that sufficient funding is provided in the 2018-19 financial year budget to cover Council’s required financial commitment for this period.

Ordinary Meeting – Tuesday 27 June 2017

Page 181

Local Government Amendment (governance & planning) act 2016

Chapter 3, Section 8A Guiding principles for councils

(1) Exercise of functions generally

The following general principles apply to the exercise of functions by councils:

(a) Councils should provide strong and effective representation, leadership, planning and decision-making.

(b) Councils should carry out functions in a way that provides the best possible value for residents and ratepayers.

(c) Councils should plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community.

(d) Councils should apply the integrated planning and reporting framework in carrying out their functions so as to achieve desired outcomes and continuous improvements.

(e) Councils should work co-operatively with other councils and the State government to achieve desired outcomes for the local community.

(f) Councils should manage lands and other assets so that current and future local community needs can be met in an affordable way.

(g) Councils should work with others to secure appropriate services for local community needs.

(h) Councils should act fairly, ethically and without bias in the interests of the local community.

(i) Councils should be responsible employers and provide a consultative and supportive working environment for staff.

(2) Decision-making

The following principles apply to decision-making by councils (subject to any other applicable law):

(a) Councils should recognise diverse local community needs and interests.

(b) Councils should consider social justice principles.

(d) Councils should consider the principles of ecologically sustainable development.

(e) Council decision-making should be transparent and decision-makers are to be accountable for decisions and omissions.

(3) Community participation

Councils should actively engage with their local communities, through the use of the integrated planning and reporting framework and other measures.

Chapter 3, Section 8B Principles of sound financial management

The following principles of sound financial management apply to councils:

(a) Council spending should be responsible and sustainable, aligning general revenue and expenses.

(b) Councils should invest in responsible and sustainable infrastructure for the benefit of the local community.

(c) Councils should have effective financial and asset management, including sound policies and processes for the following:

(i) performance management and reporting,

(ii) asset maintenance and enhancement,

(iii) funding decisions,

(iv) risk management practices.

(d) Councils should have regard to achieving intergenerational equity, including ensuring the following:

(i) policy decisions are made after considering their financial effects on future generations,

(ii) the current generation funds the cost of its services

Chapter 3, 8C Integrated planning and reporting principles that apply to councils

The following principles for strategic planning apply to the development of the integrated planning and reporting framework by councils:

(a) Councils should identify and prioritise key local community needs and aspirations and consider regional priorities.

(b) Councils should identify strategic goals to meet those needs and aspirations.

(d) Councils should ensure that the strategic goals and activities to work towards them may be achieved within council resources.

(e) Councils should regularly review and evaluate progress towards achieving strategic goals.

(f) Councils should maintain an integrated approach to planning, delivering, monitoring and reporting on strategic goals.

(g) Councils should collaborate with others to maximise achievement of strategic goals.

(h) Councils should manage risks to the local community or area or to the council effectively and proactively.

(i) Councils should make appropriate evidence-based adaptations to meet changing needs and circumstances.