Agenda of Ordinary Meeting

Ordinary Meeting

Meeting Date: Tuesday, 27 March, 2018

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

Time: 5.00pm

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 - 27 February 2018

6. Declarations of Interest

7. Presentation of Petitions

8. Mayoral Minute

9. Deputations and Presentations

10. Notices of Motion / Questions on Notice

CL18.50....... Rescission Motion - Bay and Basin Community Hub - Draft Master Plan Exhibition Complete - Request for Detailed Design Phase............................................ 1

CL18.51....... Notice of Motion - Bay and Basin Community Hub - Draft Master Plan Exhibition Complete - Request for Detailed Design Phase............................................ 2

CL18.52....... Notice of Motion - Various Issues - Sanctuary Point & St Georges Basin.... 3

CL18.53....... Notice of Motion - Community Engagement.................................................. 8

CL18.54....... Notice of Motion - Warden Head Lighthouse - Ulladulla................................ 9

11. Committee Reports

CL18.55....... Report of the Strategy & Assets Committee - 20 March 2018.................... 12

SA18.44...... Notice of Motion - Black Spot Funding - Princes Hwy Jervis Bay Rd Intersection to Ulladulla

SA18.45...... Hyams Beach- Workshop Outcomes- Easter Actions and Resource Requirements

SA18.46...... South Coast Regional Jobs Initiative Grant - Woollamia Boat Lift Facility

SA18.47...... South Coast Regional Jobs Initiative Grant - Greenwell Point Boating Facilities

SA18.55...... Classification of land - Part Lots 2 & 3 DP1205656 Dolphin Point Road Burrill Lake

SA18.56...... Classification of land - Part Lot 100 DP1222232 Field Street Huskisson

SA18.57...... Encroachment onto Public Reserve - 1 Walton Way, Currarong

SA18.58...... Classification of land - Part Lot 1 DP608937 Captain Street Vincentia

SA18.65...... Acquisition of easement over Crown land at Shoalhaven Heads

SA18.66...... Interest Grace Period - Water Accounts

SA18.68...... Draft Proposal for 2018-19 Water and Sewer Charges

SA18.69...... Acquisition of easements over Crown roads - Milton Ulladulla Sewer Trunk Main project

SA18.70...... Extension of Town Water Supply along Tannery Road, Cambewarra

CL18.56....... Report of the Council Bushcare Representatives Group - 21 February 2018 16

BR18.1........ Applications for Membership - Len White and Kelly Cowlishaw

BR18.2........ Four (4) Bushcare Action Plans - Review

CL18.57....... Report of the Shoalhaven Tourism Advisory Group - 26 February 2018.... 17

TA18.9......... Support Request - Byron Shire Council - Tourism Accommodation Levy (Bed Tax)

CL18.58....... Report of the Shoalhaven Access Advisory Committee - 5 March 2018.... 18

SAA18.4...... Adoption of Terms of Reference

SAA18.7...... Additional item - Action Table - Adult Lift and Change Toilet for Huskisson - write to funding provider - write to Council - diversion of funds - White Sands toilet facility

SAA18.8...... Additional item - Action Table - Lift and Change - Regulatory Impact Statement (RIS) - letter - submission

CL18.59....... Report of the Nowra CBD Revitalisation Strategy Committee - 7 March 2018 24

CBD18.13... Funding - Nowra CBD Revitalisation Strategy Committee

CBD18.14... Annual Promotions Budget

CL18.60....... Report of the Shoalhaven Traffic Committee - 13 March 2018................... 25

TC18.37...... Recommendations from Previous Meeting

TC18.38...... Roundabout - Intersection of Mitchell Pde and Donlan Rd (south) - Mollymook (PN 3474)

TC18.39...... Intersection Upgrade - Signage & Line Marking - Jervis Bay Rd & Gardner Rd - Falls Creek (PN 3475)

TC18.40...... Private Use of Public Car Parking - 39 Wason St - Milton (PN 3478)

TC18.41...... Temporary Road Closures for ANZAC Day Services and Marches (PN 3477)

TC18.42...... Shared Path Missing Link Project - Vincent and Twyford Sts - VIncentia (PN 3476)

TC18.43...... Signs and Lines - Bolong Road - Proposed Packing Facility Upgrade Works Manildra Pty Ltd - (PN 2613)

12. Reports

CL18.61....... Sale of Council Employment Land - Lot 127 Trim St South Nowra............. 34

CL18.62....... Draft Homelessness Policy - Amendments incorporating public submissions. 35

CL18.63....... Crime Prevention Plan 2018 - 2023............................................................. 41

CL18.64....... Appointment - New Members to the Shoalhaven Tourism Advisory Group 44

CL18.65....... Investment Report - February 2018............................................................. 47

CL18.66....... Policy Update - Film & Video Production in Public Reserves & Public Places 51

CL18.67....... Recycling - Collapse of Market.................................................................... 58

CL18.68....... Electric Vehicle Charging Points - Proposed Berry Location and Council Policy 68

CL18.69....... Submission - Proposed Remediation of Land SEPP................................... 82

CL18.70....... Nowra Riverfront Precinct - Proposed Planning and Development Controls 88

CL18.71....... Lessons for the Shoalhaven from the Californian Bushfires........................ 98

CL18.72....... Tenders - Management and Operation of the Shoalhaven Animal Shelter 112

CL18.73....... Berrara to North Bendalong Creek Crossings - Review of Environmental Factors.................................................................................................................... 113

13. Confidential Reports

Reports

CCL18.3...... Tenders - Management and Operation of the Shoalhaven Animal Shelter

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 undermine competitive neutrality in connection with any functions of an agency in respect of which it competes with any person or otherwise place an agency at a competitive advantage or disadvantage in any market.

Ordinary Meeting – Tuesday 27 March 2018

Page 11

CL18.54 Notice of Motion - Warden Head Lighthouse - Ulladulla

HPERM Ref: D18/91106

Submitted by: Clr Patricia White

Purpose / Summary

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

Recommendation

That Council

1. Give full support the Ulladulla Lighthouse Suicide Group in establishing a safe environment to the precinct surrounding the Ulladulla Lighthouse.

2. Allocate a budget of up to $75,000 to assist with project management, design, scopes of work.

3. Assist the group with applying for funding opportunities with all levels of government.

4. Liaise with the Department of Crown Lands for the future management/maintenance costs of the Lighthouse precinct but not including the Lighthouse structure that will remain the responsibility of RMS.

Background

Council received a briefing late last year in relation to the suicide issues surrounding the Ulladulla Lighthouse area from affected families and health officials. The group have been advocating for improved facilities and safety measures around the Lighthouse precinct for the past year.

There have been many suicides in this precinct over time (informed over 40 in this area) and the area is designated as a “suicide hotspot” by the Black Dog Institute and Lifespan. As late as last December there was a fatality at the site and it once again had a devastating effect on the community – the person was well known, well liked community member with young children.

Suicide and suicide attempts are the most devastating consequences of mental distress. We know suicidal behaviour results from interaction between many factors in a person's life, including their social and financial situation and their culture and individual history. A wealth of evidence shows suicide can be prevented through strategies aimed at individuals and entire communities.

Suicide rates in the Illawarra Shoalhaven region remain higher than NSW averages, with 40-60 suicides reported each year. According to statistics from crisis service provider Lifeline, deaths by suicide in Australia have reached a 10-year peak with twice as many people dying from suicide than in road-related deaths.

Council has prepared a Community Safety Audit and improvements are required in the area to increase safety of members of the community. Crown Lands have allocated a small budget of $200,000 for works and Rotary has contributed to some design plans.

However, for the project to succeed, there needs to be a project coordinator who can project management and the funds of Crown Lands cannot be used for this purpose.

Additionally, there needs to be discussions with Crown Lands for the ongoing management maintenance to the area following the improvements.

This project also provides an opportunities for the area to be highlighted as a Tourist facility. Many people visit the area to whale watch; view the coast line; and watch the passing ships/boats. There are spectacular views of our coastline and will enhance tourism opportunities in the Southern Shoalhaven.

Two other Coastal areas that had similar issues are the GAP in Sydney and Albany in Western Australia.

Both of these areas have received significant grant funding to improve the areas and reports from Suicide Prevention agencies believe the improvements have worked.

Reporting in 2015 stated blocking the means of suicide at "hotspots" such as high bridges and cliffs reduces the number of deaths at these locations by 90 per cent, new research shows. The University of Melbourne study found prevention approaches such as placing signs and crisis-assistance numbers and increasing the likelihood of intervention by a third party significantly reduced the number of deaths at these locations.

One location the study cites was The Gap, an ocean cliff in eastern Sydney in Watsons Bay where an inwardly curved fence was built along the cliff's edge, and telephones and signs were installed linking directly to Lifeline. The paper found interventions to restrict access resulted in 91 per cent fewer suicides per year when looked at in combination with other interventions and a 93 per cent reduction when used in isolation.

Albany in WA received $6 million dollars of funding from the Federal Government to improve a cliff area.

In summary, by providing support and financial assistance for project management for design, scope and funding opportunities to the Ulladulla Lighthouse precinct will enhance the area for tourism but more importantly provide public safety and assist to reduce the area as a suicide “Hotspot”.

I seek support from all Councillors on this important issue for our community.

Note by the General Manager

Persons who are experiencing a personal crisis or thinking about suicide are encouraged to contact Lifeline's confidential Crisis Support Service on 131114.

The Parcel of land around the Ulladulla Lighthouse (highlighted in the picture below) is Crown Land which Council is not Trust Manager and has no role in its care, control or management.

The design, installation and ongoing maintenance of the proposed measures is a matter of the Department of Industry - Crown Lands as land owner and needs to be funded by them accordingly.

However, given it is such a significant issue for our community it is recommended that Council:

1. Support the Ulladulla Lighthouse Suicide Group in making representations to the Department of Industry - Crown Lands, to establish a safe environment within the precinct surrounding the Ulladulla Lighthouse

2. Make representations directly to the Department of Industry - Crown Lands and local State and Federal members of Parliament

3. Consider in the 2018/19 budget discussions co-funding works up to $75,000 to assist with project management, design, scopes of work.

4. Assist the group with applying for funding opportunities with all levels of government.

5. Liaise with the Department of Crown Lands for the future management/maintenance costs of the Lighthouse precinct but not including the Lighthouse structure that will remain the responsibility of RMS.

Ordinary Meeting – Tuesday 27 March 2018

Page 15

CL18.55 Report of the Strategy & Assets Committee - 20 March 2018

HPERM Ref: D18/96279

SA18.44 Notice of Motion - Black Spot Funding - Princes Hwy Jervis Bay Rd Intersection to Ulladulla

HPERM Ref: D18/77771

Recommendation

That Council apply for urgent black spot funding from the federal government’s Black Spot Programme through the RMS for the stretch of the Princes Highway from the Jervis Bay Rd intersection to Ulladulla.

SA18.45 Hyams Beach- Workshop Outcomes- Easter Actions and Resource Requirements

HPERM Ref: D18/84701

Recommendation

That:

1. Council support the implementation of actions for the Hyams Beach as a trial for the Easter period 2018.

2. Council allocate a budget up to a total of $39,000 to implement the trial.

3. A further allocation of $21,000 be made for a long-term traffic management plan for Hyams Beach.

4. A report is provided back to Council on the outcome of the trial and a consideration of ongoing resource provision in the Hyams Beach location.

5. Council continue discussions with key stakeholders from Hyams Beach (including the Hyams Beach Village Association) and stakeholders from the wider Shoalhaven to develop long term solutions to increasing visitor numbers and infrastructure needs.

6. A working party is formed to assess long term strategic and sustainable infrastructure solutions to current and potential hotspots throughout the region, taking into consideration the Sustainable Tourism Model currently being created.

7. Consideration be given to the purchase of variable message board signs (VMS) to assist with future peak summer holiday periods to reduce the costs of hiring. These signs can also be utilised by Council for other festivals, events and emergency situations.

8. The General Manager have regard to the submission from the Hyams Beach Village Association in the implementation of the action plan.

Note by the General Manager:

Because of the timing of a final descision in respect to this matter some arrangements have been put in place as per my advice to councillors by email last week.

SA18.46 South Coast Regional Jobs Initiative Grant - Woollamia Boat Lift Facility

HPERM Ref: D18/85080

Recommendation

That Council:

1. Accept the grant of $180,900 towards the cost of boat lifting facilities at Woollamia under the South Coast Regional Jobs Initiative.

a. The Contract be signed by the General Manager

2. Vote $200,000 from the Economic Development Reserve towards this project as its contribution.

SA18.47 South Coast Regional Jobs Initiative Grant - Greenwell Point Boating Facilities

HPERM Ref: D18/85372

Recommendation

That Council:

1. Accept the grant of $744,339 towards the cost of additional boating facilities at Greenwell Point under the South Coast Regional Jobs Initiative.

a. The Contract be signed by the General Manager

2. Vote $750,000 from the Economic Development Reserve towards this project as its contribution.

3. That Council write to and thank the Federal Member for the funding.

SA18.55 Classification of land - Part Lots 2 & 3 DP1205656 Dolphin Point Road Burrill Lake

HPERM Ref: D18/35106

Recommendation

That Council resolve to classify the land described as part Lots 2 & 3 DP1205656 being proposed Lots 2 & 3 DP1228719 Dolphin Point Road, Burrill Lake as Operational Land.

SA18.56 Classification of land - Part Lot 100 DP1222232 Field Street Huskisson

HPERM Ref: D18/35337

Recommendation

That Council resolve to classify the land described as part Lot 100 DP1222232 Field Street, Huskisson as Operational land.

SA18.57 Encroachment onto Public Reserve - 1 Walton Way, Currarong

HPERM Ref: D18/24295

Recommendation

That Council defer the item to next Ordinary meeting pending further legal advice on the transfer of title.

Note by the General Manager:

An addendum report will be provided.

SA18.58 Classification of land - Part Lot 1 DP608937 Captain Street Vincentia

HPERM Ref: D18/42878

Recommendation

That Council resolve to classify the land described as part Lot 1 DP608937 being proposed Lot 1 DP1236981 Captain Street Vincentia as Operational Land.

SA18.65 Acquisition of easement over Crown land at Shoalhaven Heads

HPERM Ref: D18/46636

Recommendation

That:

1. Council resolve to compulsorily acquire an Easement for Access, Sewer Pipeline and Electricity Purposes variable width over Crown land, Lot 70 DP751268 at Gerroa Road, Shoalhaven Heads, as shown marked (E) and highlighted yellow on attached draft survey plan.

2. Council to pay compensation and costs associated with the acquisition in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer fund.

3. The necessary application be made to the Minister for Local Government and the Governor. The acquisition is to be carried out under the Local Government Act 1993.

4. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.

SA18.66 Interest Grace Period - Water Accounts

HPERM Ref: D18/49097

Recommendation

That Council

1. Remove the extended grace period for the payment of eligible pensioner water accounts effective 1 July 2018.

2. Rescind Council resolution 1814 adopted 18 December 2007.

3. Increase the Council component of the annual concession for eligible pensioners under the conditions of Section 575 of the Local Government Act by $10.00 for the water availability charge and $10.00 for the sewerage availability charge effective 1 July 2018.

4. Adopt the amended policy 17/1 attached to reflect Part 1 of the Recommendation.

SA18.68 Draft Proposal for 2018-19 Water and Sewer Charges

HPERM Ref: D18/62537

Recommendation

That Council adopt the following proposal for inclusion in the draft 2018/19 budget:

1. Water Availability Charge 20mm – No increase from $82/connection

2. Water Usage Charge – No increase from $1.70/kL

3. Sewer Availability Charge 20mm – Increase of $18.00 per annum from $830 to $848 per annum.

SA18.69 Acquisition of easements over Crown roads - Milton Ulladulla Sewer Trunk Main project

HPERM Ref: D18/68403

Recommendation

That:

1. Council resolve to vary MIN16.59 of 27/1/2016 and compulsorily acquire from the Crown easements for drainage of sewage 6 wide over:

a. Unmade Crown roads off Slaughterhouse Road and Turnbull Lane at Ulladulla, as shown highlighted and marked (E) on attached copy of DP1238712, and

b. Unmade and closed Crown roads off Green Street at Ulladulla and Kings Point Drive at Kings Point, highlighted and marked (A) on attached copy of DP1228174.

3. The necessary application be made to the Minister for Local Government and the Governor. The acquisition is to be carried out under the Local Government Act 1993.

4. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.

SA18.70 Extension of Town Water Supply along Tannery Road, Cambewarra

HPERM Ref: D18/71530

Recommendation

That Council:

1. Approve the extension of the town water supply along Tannery Road to the eastern boundary of 261 Tannery Road, Cambewarra.

2. Approve the funding of the water main extension from the Water Capital Fund.

3. Following completion of the water main extension, discontinue the raw water supply to 245, 246 and 261 Tannery Road, Cambewarra.

4. Take appropriate steps to minimise the risk to Council in respect to the raw water supply on 230B Tannery Road and Lot 85 DP 751273.

Ordinary Meeting – Tuesday 27 March 2018

Page 26

CL18.60 Report of the Shoalhaven Traffic Committee - 13 March 2018

HPERM Ref: D18/87094

Attachments: 1. Roundabout - Intersection of Mitchell Pde and Donlan Rd (south) - Mollymook (PN 3474) ⇩

2. Intersection Upgrade - Signage & Line Marking - Jervis Bay Rd & Gardner Rd - Falls Creek (PN 3475) ⇩

3. Private Use of Public Car Parking - 39 Wason St - Milton (PN 3478) ⇩

4. TRAF 2018/24 ⇩

5. TRAF 2018/2 ⇩

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 as 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

TC18.37 Recommendations from Previous Meeting

HPERM Ref: D18/71268

Recommendation

That the report regarding the recommendations from the previous meeting be received for information.

TC18.38 Roundabout - Intersection of Mitchell Pde and Donlan Rd (south) - Mollymook (PN 3474)

HPERM Ref: D18/71824

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the mountable roundabout and associated line marking and signage at the intersection of Mitchell Parade and Donlan Road (south), Mollymook, as detailed in the attached plan TRAF 2018/21, subject to E4 line marking to outline the painted medians to be E5.

TC18.39 Intersection Upgrade - Signage & Line Marking - Jervis Bay Rd & Gardner Rd - Falls Creek (PN 3475)

HPERM Ref: D18/71870

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed CHR(S) treatment at the intersection of Jervis Bay Road and Gardner Road, Falls Creek as detailed in the attached plan TRAF 2018/22.

TC18.40 Private Use of Public Car Parking - 39 Wason St - Milton (PN 3478)

HPERM Ref: D18/71897

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objections to the temporary use of 4 parking spaces for a period of approximately 9 weeks during the redevelopment of 39 Wason St, Milton, as detailed in the attached plan TRAF 2018/23, subject to payment of associated fees in accordance with Council’s Private Use of Public Parking Policy 16/154.

TC18.41 Temporary Road Closures for ANZAC Day Services and Marches (PN 3477)

HPERM Ref: D18/71916

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the following temporary road closures to enable ANZAC Day marches and commemorative services be held on Wednesday 25 April 2018:

1. Berry – Assemble in Queen Street adjacent to Apex Park at 10.20am. The march will move off at 10.30am via Queen and Alexandra Streets to War Memorial Gardens for a one (1) hour service.

2. Bomaderry – Dawn Service in Walsh Memorial Park, Meroo Street commencing at 5.45am; Memorial Service – Assemble in Bunberra Street adjacent to Bomaderry RSL Club at 9.00am and march to Walsh Memorial Park in Meroo Street at 9.15am via Bunberra and Meroo Streets for service at 9.30am.

3. Callala Beach – A Memorial Service will be held at the Cenotaph in the grounds of the Callala RSL Country Club commencing at 10.00am.

4. Culburra – Assemble in Culburra Bowling and Recreation Club car park at 11.30am. March to the War Memorial adjacent to the Culburra Community Centre at 11.45am via West Crescent and Culburra Road for service at 12noon.

5. Greenwell Point – Dawn Service – Assemble at Greenwell Point Memorial Hall at 5.00am and march to ANZAC Park via Greenwell Point Road for service commencing at 5.25am.

6. Huskisson – Assemble in Hawke Street adjacent to White Sands Park at 10.15am. The march will move off at 10.30am via Hawke, Owen and Currambene Streets to Voyager Park for service commencing at 11.00am.

7. Kangaroo Valley – Assemble at the Showground at 9.45am for march to commence at 10.00am travelling along Moss Vale Road to Cenotaph for service, returning along same route for dispersal at the Showground at approximately 11.00am.

8. Milton – Assemble at the intersection of the Princes Highway and Church Street at 10.15am for the march to commence at 10.30am along the Princes Highway to Milton Cenotaph for service expected to be completed by 11.15am.

9. Nowra – Assemble at 10.00am in Junction Street between Berry and Osborne Streets, form up at 10.30am and march to Memorial Gates at Nowra Showground for a one (1) hour service after which the assembly will march along Junction Street to Shoalhaven Street where the parade will be dispersed.

10. Shoalhaven Heads – Assemble at 5.30am adjacent to the Centre Shops in Shoalhaven Heads Road with march to commence at 5.45am to the Shoalhaven Heads Memorial Park via Shoalhaven Heads Road for the service.

11. St Georges Basin – Memorial Service – Assemble in the Lions Park Memorial, Island Point Road (opposite hardware store) at 10.50am for service commencing at 11.00am.

12. Sussex Inlet – Assemble in Neilson Road adjacent to the RSL Sub Branch Hall at 10.00am for march commencing at 10.15am to the Sussex Inlet War Memorial at the RSL Club for the service.

TC18.42 Shared Path Missing Link Project - Vincent and Twyford Sts - VIncentia (PN 3476)

HPERM Ref: D18/71926

Recommendation

Subject to the proposed 10km/h shared zone fronting property numbers 2,4,6,8,10 & 12 Vincent St, currently being applied for through NSW Road and Maritime Services directly (separate from the Shoalhaven Traffic Committee process):

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed shared path and associated signage and line marking plan for the proposed as detailed in the attached plan TRAF 2018/24, and includes;

1. Removal of the reinforced turf roadway and construction of a 3.5m wide road pavement in Vincent St.

2. Signposting the area in front of property #2, 4, 6, 8 & 12 Vincent St as a 10km/h shared zone. Due to constraints in this area a separated path cannot be provided.

3. The construction of a 2.5m shared path on the back of new kerb and guttering on the northern side of Twyford Street.

4. Constructing 19 x 90° parking spaces (including 1 disabled parking space).

TC18.43 Signs and Lines - Bolong Road - Proposed Packing Facility Upgrade Works Manildra Pty Ltd - (PN 2613)

HPERM Ref: D18/79080

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed line marking and regulatory signage for the proposed entry road intersection for the Manildra Group, Bolong Road, Bomaderry, as detailed in the attached plan (drawing no. 25003-200_210) TRAF 2018/2.

Ordinary Meeting – Tuesday 27 March 2018

Page 43

CL18.63 Crime Prevention Plan 2018 - 2023

HPERM Ref: D18/65997

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Attachments: 1. Crime Prevention Plan - 2018 - 2023 (under separate cover)

Purpose / Summary

For Council to endorse & adopt the Shoalhaven Crime Prevention Plan 2018 – 2023 and seek certification of the Plan from the NSW Attorney Generals Department.

Recommendation

That Shoalhaven City Council:

1. Endorse and adopt the Crime Prevention Plan 2018 – 2023

2. Seek certification and registration of the adopted Crime Prevention Plan 2018 – 2023 with the NSW Attorney Generals Department as a crime prevention strategy.

Options

1. Recommendation:

That Shoalhaven City Council endorse and adopt the Crime Prevention Plan 2018 – 2023 which provides strategies to reduce the two identified crime profiles of Steal from Retail and Domestic Violence in the Shoalhaven region. Reduction of these crime profiles will entail implementation of five programs:

· Installation and Expansion of CCTV,

· Crime Prevention through Environmental Design – CPTED,

· White Ribbon Campaign,

· Neighbour Day, and

· The Community Safety Booklet.

Implications: Endorsement will enable the Crime Prevention Plan to be sent to the NSW Attorney General to seek certification and registration of the plan. This certification and registration will open up strategies for funding opportunities to assist with the implementation of the Plan.

2. Not endorse the Crime Prevention Plan 2018 - 2023

Implications: This will result in the Shoalhaven not having a current Crime Prevention Plan certified and registered with the NSW Attorney General and Council not being in the position to seek funding opportunities to implement and support the strategies identified in the plan.

Background

The Shoalhaven Crime Prevention Plan 2018 – 2023 was developed through a process of community consultation, engagement with NSW Police, Southern Region and research of up to date crime statistics and crime hotspots.

Initial investigation and research through the Bureau of Crime Statistics and Research (BOCSAR) allowed Council to compile data relevant to the Shoalhaven, allowing comparative studies with neighbouring LGA’s. This research highlighted the targeted crime categories to be included in the updated Crime Prevention Plan. Further information from the Commander, Police Southern Region corroborated this research enabling the two target crime categories to be identified.

The Crime Prevention Plan 2018 – 2023 identifies the strategies listed below for the two crime profiles:

Steal from Retail:

· Installation and Expansion of CCTV throughout the Nowra CBD and Sanctuary Point

· Crime Prevention through Environmental Design – CPTED

· Community Safety Booklet

Domestic Violence:

· White Ribbon Campaign

· Neighbour Day

· Community Safety Booklet

Once Council endorses the Plan it will be sent to the NSW Attorney General to be certified and registered as a Crime Prevention Plan/Compact. Once certified and registered with the Attorney Generals Department, Council will be eligible to apply for funding to implement and support the plan.

Community Engagement

In reviewing and formulating the Crime Prevention Plan 2018 – 2023 the following stakeholder groups were consulted:

· The broader community through a crime prevention survey and contact through Councils database of relevant community services and organisations,

· Local interagency meeting consultations,

· NSW Police Southern Region – Shoalhaven.

Moving forward, staff will utilise various tools for community engagement to derive information from services and the community to develop our programs. Tools such as surveys and meetings will be used along with promotion through Council's existing community engagement channels.

Listed below are services, agencies and organisations that are aware of the Crime Prevention Plan 2018 – 2023 and who are eager to support, develop and implement the strategies resulting in improved safety outcomes within the community.

External Stakeholders

· NSW Police Southern Region – Shoalhaven,

· Anglicare,

· NSW Health,

· Police Aboriginal Consultative Committee (PACC)

· FACs,

· Aboriginal Medical Centre,

· Southern Cross Housing,

· Youth Services,

· Department of Education,

· TAFE NSW,

· HMAS Albatross,

· Advisory Groups,

· SAHSSI,

· Community Consultative Bodies,

· Waminda,

· Shoalhaven Business Chambers,

· Community Pride Groups – all Villages,

· Various Interagency groups,

· PCYC.

Internal Stakeholders

· Community Engagement,

· Recreation, Community & Culture Section and Community and Recreation Unit,

· Tourism,

· Economic Development,

· Safer Community Action Team.

There is no requirement to publicly exhibit the Crime Prevention Plan/Compact prior to Council’s endorsement and adoption, due to the extensive consultation that has already taken place, with the required partners to inform the plan/compact.

The Attorney General’s Department has strict criteria for what is required for the Plan to be certified and registered with the Department, therefore, only minor changes could be made to the document if Council requires any changes before endorsement and adoption.

Financial Implications

The implementation of the adopted Plan will be primarily dependent on obtaining grant funds and Council will prioritise the strategies below as a part of core business:

· CCTV upgrade and expansions – Funding for CCTV is dependent on successful Commonwealth grant applications.

· CPTED: Crime Prevention Through Environmental Design Training for staff - Funding for projects subject to available grants.

· Domestic Violence education and resources – Funding for projects subject to available grants.

· Community Engagement and Neighbour Day - Community Development budget has $2,000 allocated to this strategy, growth of program will be reliant on available community grants - job number 13500.

· Community Safety Booklet – Funding/grant/budget available of $3,900 to implement this strategy - job number 13865.

· White Ribbon Campaign - reliant on available funding through the Nowra Domestic Violence Committee. Morning Tea Event to be funded through the Community Development budget allocation of $3000 – job number 13500.

Ordinary Meeting – Tuesday 27 March 2018

Page 50

CL18.65 Investment Report - February 2018

HPERM Ref: D18/91948

Group: Finance Corporate & Community Services Group

Section: Finance

Attachments: 1. Shoalhaven Monthly Investment Report - February 2018 (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 28 February 2018 be received for information.

Options

1. The Report on the Record of Investments for the period to 28 February 2018 be received for information.

Implications: Nil.

2. Further information regarding the Record of Investments for the period to 28 February 2018 be requested.

Implications: Nil.

3. The report on the Record of Investments for the period to 28 February 2018 be received for information with any changes requested for the Record of Investments to be reflected in the report for the period to 31 March 2018.

Implications: Nil.

Background

Please refer to the attached monthly report provided by Council’s Investment Advisor – CPG Research and Advisory Pty Ltd.

CPG Research and Advisory Pty Ltd includes a section on Council’s investment in institutions who fund the fossil fuel industry (see page 12). There was an increase in Council’s fossil fuels exposure due to investments being placed with AA rated institutions, rather than BBB rated institutions, to meet the credit quality requirements of the revised Investment Policy. Council’s passive divestment policy continues to apply within the revised Investment Policy settings.

The investment interest earned to the month of February is $3,596,247, 68.37% of the full year budget.

Fund	Budget	Actual	%
General	$3,114,058	$2,026,856	65.09%
Water	$1,066,000	$805,246	75.54%
Sewer	$1,080,000	$764,144	70.75%
Total	$5,260,058	$3,596,247	68.37%

The investment interest earned for the month of February was $383,209, which was $20,302 below budget.

Fund	Monthly Budget	Actual	Difference
General	$238,887	$222,363	-$16,524
Water	$81,775	$102,809	$21,034
Sewer	$82,849	$58,037	-$24,812
Total	$403,511	$383,209	-$20,302

At the beginning of the year, Council was receiving interest above budget. However, interest rates have dropped and, therefore, the monthly interest received is no longer meeting budget. Our General Fund cumulative interest received is slightly below budget, but Water and Sewer is slightly above. This situation was predicted and reported in previous investments reports and as such budget movements are not recommended.

The table below lists the major movements

Total Cash and Investments	+ $4,695,817
Unrestricted General Fund Cash	+ $10,210,873	Rates Instalment month
Financial Assistance Grant	-$1,477,806	Transfer to general fund in line with quarterly instalments
Property Reserve	+$1,052,897	Sale of properties recognised in the Quarterly Review
Loans – General Fund	-$2,098,773	Expenditure on projects
Grant Reserve	-$591,254	Expenditure on projects
Sewer Fund	- $3,485,557	Expenditure on REMS

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 POL18/8.

ac06a2a1-a9f7-4475-a75a-76b873d6968d

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 interests forms a vital part of Council’s revenue stream.

Ordinary Meeting – Tuesday 27 March 2018

Page 62

CL18.67 Recycling - Collapse of Market

HPERM Ref: D18/87335

Group: Assets & Works Group

Section: Works & Services

Attachments: 1. Letter from Minister Gabrielle Upton ⇩

2. LGNSW Media Release 14 March 2018 ⇩

3. ALGA News 16 March 2018 ⇩

Purpose / Summary

The General Manager has disclosed a Significant Non-Pecuniary interest in this matter as one of his friends is connected to Shoalhaven Recycling. This matter is therefore being dealt with by the Director of Assets & Works.

To provide Council with an overview of the current recycling markets and challenges that Council are facing now and into the future.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Receives the report into declining recycling markets and the local impacts for information;

2. Approves a transfer of up to $225,000 , with the final total to be determined in the June quarterly budget review, from the Waste Reserve into the current year operation budget to support the additional costs associated with processing recyclable materials; and

3. The General Manager (Director of Assets & Works) provide a report outlining the Action Plan, for submission to the State Government, to minimise the impact of the industry conditions on Waste Management in the Shoalhaven.

Options

1. As recommended (preferred option)

Implications: The declining markets is an industry problem with all operators facing increasing costs. Paying additional costs under the existing recycling contract will allow recycling to be processed into the short term while other strategies are considered.

The State Government is currently engaging with the industry and inviting submissions on proposed options to support Councils through this period.

2. Stockpile recycling material until conditions improve.

Implications: It is difficult to predict how long waste will need to be stockpiled before conditions improve and the volume may become unmanageable. This is not a typical use and Development Consents are not guaranteed. The proposed short-term response will allow options to be considered.

Background

Recycling Market Collapse – Shoalhaven Background

Comingled recyclables collected from the yellow lidded bins at the kerbside are taken to a local materials recovery facility (MRF) operated by Shoalhaven Recycling in Bomaderry. The comingled materials go through a number of mechanical and manual sorting processes to separate the materials into paper/cardboard, plastics, steel and aluminium, glass and non-recyclable rejects (contamination). These separated materials are then baled and sold to recyclers who process the material, often overseas, and use it in manufacture of new products.

The average composition of the recycling bin, by weight, is shown in Figure 1:

For some time glass has been a major problem with traditional glass recycling markets rejecting large loads because small amounts of contamination compromise the integrity of the new glass product, to the point where recycling glass back into bottles was too costly and, in most cases, not an option. This resulted in processors finding alternative markets such as glass sand, where the glass is crushed or pulverised into smaller fragments and used for pipe bedding, roads construction or in concrete. The higher end uses for these products require washing and sizing which adds a significant cost to the process.

Paper to markets in Australia dried up a number of years ago – refer to the closure of the Shoalhaven Paper Mill. At the same time mixed plastics and paper/cardboard products were being sent to China, with importers paying the best price for these ‘raw’ materials, and accepting contamination levels of up to 10%. The Chinese government has, however, determined to reduce the import of “contamination” by placing very tight limits (less than 0.5%) on contamination. Currently we do not know of any comingled MRF in NSW that is able to achieve these low contamination levels, as they were all set up for processing to the 10% level. The market for MRF derived mixed plastics and paper/cardboard has consequently shrunk significantly. It is relevant to note that this move has affected recyclers worldwide, not just those in NSW or Australia.

Council’s contract with Shoalhaven Recycling was awarded seven years ago at a time when there was a reasonable market for all recyclable materials and Shoalhaven Recycling was receiving an income for these materials. An indication of the decrease in value of the recyclables commodities is shown in Table 1. It is also interesting to note that separated clean recyclables still have a value, albeit less than values four years ago.

Table 1 – Historic prices for recyclable commodities

Material	Date	Value/t	Date	Value/t	Date	Value/t
Cardboard	Mar 14	$302	Jan 16	$235	Now	$130
Newsprint	Mar 14	$243	Jan 16	$215	Now	$0
Mixed paper	Mar 14	$230	Jan 16	$159	Now	$0
Mixed plastics	2011	$330 to $369	2016	$100 to $235	Now	$0
PET	2011	$519 to $563	2016	$250 to $325	Now	$150 to $500
HDPE	2011	$621 to $641	2016	$550 to $650	Now	$300 to $500
Steel	Jan 14	$280	Jan 16	$170	Now	$185
Aluminium	Jan 14	$1,750	Jan 16	$1,500	Now	$1,200 to $1,400

China’s policy (referred to as “Green Sword” or “Blue Sky 2018”) has effectively closed the Chinese market, which has resulted in a glut in lower quality “recyclable” materials in Australia. Recyclers will accept these materials at zero or negative charge. As a result, with mixed paper and mixed plastics comprising up to half of its MRF output, Shoalhaven Recycling can no longer operate on the current contracted gate fee. Shoalhaven Recycling have formally requested an urgent and large interim increase in gate fee from Council. The problem is common through all MRFs in NSW.

Council wrote to the Executive Director of Waste and Resource Recovery at the EPA on 9 February 2018 outlining concerns, requesting stockpiling concessions and details of the government response to the crisis. Industry representatives held a round table discussion of these issues with the Minister for the Environment, Gabrielle Upton, on Tuesday 6 March 2018. Correspondence to NSW Councils from the Minister’s office has since been received and is attached as Attachment 1. Further lobbying of the State Government to be part of the solution has come from the Local Government and Shires Association as in Attachment 2.

Council has contacted the EPA officer who is responsible for coordinating the EPA response to the “crisis”. The officer does not want to commit the EPA to anything, but did say that all options will be considered, and that Council needs to prepare a plan of action for the EPA to consider. The plan must address the immediate issue and outline long term solutions for the future. In contrast to the Minister’s letter, which suggests the EPA may require further support and assistance from Council to review the license stockpiling limits for the Shoalhaven Recycling operated MRF, the EPA officer does not see additional or longer term stockpiling as a viable option because of problems with fires, odours, leachate production, and degradation of products, and would require any stockpiling to be located under a roof or in a container.

An option that is available at any time is to send recyclables to landfill. This is not recommended as it will be at a significant cost (for a start payment of the NSW state government levy), and will destroy the last 30 years of recycling behaviour change in the community. It may, however, result in igniting the State Government to act on behalf of the recycling industry.

Historically, Councils used to share the risk of commodity price fluctuations with their contracted recyclers. This has changed over the years to a risk averse contract where the recycler charges Councils a fixed gate fee and the recycling facility operator takes all the risk. Evidently the risk of having a total collapse of the recycling market has not been accounted for (otherwise Council would have been paying much higher gate fees for the last 20 years). It is clear that the problem sits with Council, so a risk averse strategy is likely to be unhealthy, and future arrangements need to provide for a risk share (for the ups and the downs) or alternatively Council takes on the full risk and operates a processing facility in house.

Council has a number of potential options available:

Immediately (weeks)

· Pay an additional component of the gate fee (approximately $75,000 per month) for up to three months or earlier if market conditions improve. This additional expenditure may be covered in the short term by drawing down funds from the waste reserve for this financial year;

· Present an action plan to the EPA including proposing a subsidy arrangement to be funded by revenue from the Waste Levy.

Interim (1 to 3 months)

· Allow Shoalhaven Recycling to provide temporary stockpiles of materials on its adjacent property which currently does not have development consent for this use. This may provide temporary relief and allow later access to markets that may open-up in the near future. However, formal development consent would need to be obtained through Council’s Planning, Environment and Development Group, and the EPA, to provide for temporary storage at this facility. These development consents are not guaranteed.

· Negotiate with other MRF operators in NSW, or alternative processing operators, and haul material to them.

· Council consider possibility of short term stockpiling of the collected material at Council’s waste facilities, following formal development application and consent through Council’s Planning, Environment and Development Group, and the EPA.

· Research viability of improved technology & processes that may insulate Council from this problem in the future. Identify the potential for access to these newer and sustainable MRF facilities.

Medium to Long Term

· Develop a secondary “greenfield” processing facility in the Shoalhaven to further sort materials (e.g. plastics into the different fractions), including a washing plant to remove contaminants and improve the quality of the recyclate, or source a facility that does likewise. This long term prospect is likely to cost $20 to $30 million, requires a development application (including an EIS) and EPA licensing, a market, and a proponent.

· Construct a Council MRF at the West Nowra Recycling and Waste Facility, focussing on providing quality recyclate. This option will require design, environmental impact statement, development consent, EPA licensing and construction, which is a 2 to 4 year process, and the expense will be relative to specified quality of materials required. Compared to the “greenfield” alternative, this option is likely to have less regulatory and developmental approval impediments, as it would provide a similar use to the existing facility. Council could be in a favourable position to have EPA funding approved through the “waste less recycle more” grants initiative.

Financial Implications

The proposal to pay an increased gate fee for the processing of recycling materials by Shoalhaven Recycling will cost approximately $225,000 (for 3 months), which is to be funded by the Waste Reserve. The Waste Reserve was set up to allow for fluctuations in the cost of providing domestic waste services without having to borrow from the General Fund. The use of Reserve funds in this application is appropriate.

This short-term approach will provide Shoalhaven Recycling the financial support to continue to accept Council’s waste, while other of measures are investigated. The State Government response to the industry problem is expected in the near future.

Ordinary Meeting – Tuesday 27 March 2018

Page 73

CL18.68 Electric Vehicle Charging Points - Proposed Berry Location and Council Policy

HPERM Ref: D18/54555

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. NoM July 2016 - EV Charging Points ⇩

2. S&A Report Nov 2016 - EV Charging Points ⇩

3. S&A Report Dec 2016 - EC Charging Points - CBD Developments ⇩

4. NRMA EV Network - Partnership Proposal - Berry - Jan 2017 (under separate cover)

Purpose / Summary

Council has received an approach from the NRMA Pty Ltd (NRMA) regarding the proposed establishment of an Electric Charging Facility in Berry as part of a significant roll out of this type of facility by it. This report details this approach, and recommends how to deal with it. Given that Council is likely to receive further approaches of this nature the need for a clear policy position on Electric Vehicle Charging facilities is proposed.

Recommendation

That Council

1. Support in principle the proposal received from the NRMA Pty Ltd (Bringing electric vehicle fast- charging to Berry – January 2018) and authorise the General Manager to work through its implementation and delivery with the NRMA Pty Ltd and relevant stakeholders; and

2. Prepare a policy position on the Electric Vehicle Charging facilities that seek to use public land, including public reserves, road reserves, car parks and other freehold land used as open space.

Options

1. Support the proposal in principle and continue to work through the detail of its implementation and delivery with NRMA, in consultation with relevant community groups and interested individuals. Given the expected growth in demand, Council also needs to consider developing a policy position in regard to Electric Vehicle Charging facilities on public land.

Implications: This would enable Council to take up the approach received from the NRMA in this regard, subject to the required detail being resolved. This will provide a beneficial community facility for Berry and will also assist with tourism and attracting visitors to the town.

Given that Council is likely to receive an increasing number of approaches in this regard, there is also a need for a clear policy position regarding Electric Vehicle Charging facilities that are proposed to be located on public land.

2. Not support the proposal received from NRMA, but continue to develop a policy position regarding Electric Vehicle Charging facilities on public land.

Implications: This would potentially mean that the Shoalhaven Local Government Area (LGA) and Berry miss out in being part of this significant NRMA initiative.

3. Pursue an alternative option as advised by Council

Implications: This would be determined once the direction from Council is known.

Background

Council considered a Notice of Motion regarding Electric Vehicle Charging Points on 26July 2016 (Attachment 1). As a result, a subsequent report was considered by the Strategy & Assets Committee on 15 November 2016 (Attachment 2) and it was resolved:

That a report be provided to Council with respect to Council’s ability to encourage or require electric vehicle charging facilities for future developments within the CBD. The report should include other solutions that may be available to Council for providing electric fast vehicle charging facilities within the Shoalhaven.

The report in response to this resolution was considered by the Strategy & Assets Committee on 13 December 2016 (Attachment 3) and it was resolved that Council:

1 Consider electric vehicle charging facilities for future development within the Nowra CBD as part of Amendment No. 7 to Shoalhaven Development Control Plan 2014 (DCP 2014).

2 Undertake consultation with the Business and Development Industry as part of the review process.

As a result of this resolution the incorporation of requirements for Electric Vehicle Charging facilities associated with development will be included in the Shoalhaven Development Control Plan 2014 through the most relevant ‘housekeeping’ amendment.

The above-mentioned reports (Attachments 1 to 3) provide relevant background regarding this matter and reflect the growing interest in and use of electric vehicles.

Following the above considerations Council received both community and business representations and approaches regarding the requested and proposed installation of Electric Vehicle Charging points.

This included an approach from the Berry Forum’s Sustainability Sub-Committee advising that it had resolved to pursue the installation of an Electric Vehicle Charging station in Berry.

It was also announced in June 2017 that through a partnership between Tesla and Stockland that ‘Tesla Destination Chargers’ would be rolled out nationally across thirty-one (31) shopping centres, including Stockland Nowra. It is understood that a Tesla Destination Charger currently exists at Silos Estate, Berry.

Also, as part of the Federal Governments Regional Jobs & Investment Package that was announced in February 2018, the South Coast Electric Vehicle Supercharging Transportation Project (SCEV/ST) gained funding. This project will deliver the only supercharging station between Sydney and the Victorian Boarder, also at Silos Estate, Berry, and link to the proposed ‘Electric Superhighway’ proposed for the East Coast from Cairns, Queensland to Melbourne, Victoria.

In October 2017 the NRMA announced its intention to establish a network of fast-charging stations for electric and hybrid cars in NSW, noting that the lack of charging infrastructure is currently one of the barriers to the growth and uptake of electric vehicles. As part of this announcement the NRMA also released a report titled “The Future is Electric” that provides more background detail and can be accessed at the following link:

https://www.mynrma.com.au/-/media/documents/advocacy/the-future-is-electric.pdf?la=en

The NRMA plan involves the phased introduction of at least 40 Electric Vehicle Charging Stations at a cost of $10 million, that will be suitable for a range of electric vehicles and be free to NRMA Members. Following this announcement, Council has now received a firm approach regarding partnering on the establishment of an Electric Vehicle Charging point in Berry as part of this initiative.

Proposed Electric Vehicle Charging Proposal at Berry

Following the general announcement about the proposed network of Electric Vehicle Charging Stations, Council received advice that the NRMA was proceeding with a $10 million investment over three (3) years to deliver the fast charging network across NSW and the ACT, with the following features:

· Network will account for >95% of road trips

· Universal access for most popular electric vehicles

· NRMA pays 100% of installation and operating costs of the Electric Vehicle Charging Station

· Free to NRMA members

· Working in partnership with local Councils and communities

· First sites to be deployed in Quarter 3 of 2017

· Berry has been identified as a key candidate location to install a Fast Charger

As a result, Council staff met on site in Berry with NRMA representatives during December 2017 to discuss potential sites near the Berry Showground. This meeting was also attended by a representative of the Berry Showground Management Committee. This general location was identified based on proximity to CBD, access to existing facilities (e.g. toilets), access to power (key requirement) and minimising conflict with high demand turnover car parking spaces in the core town centre. From this meeting the preferred location was narrowed down to the intersection of Victoria Street and Albany Street Berry, between the former Berry Courthouse and the Showground Pavilion.

Following the site meeting, a more formal partnership proposal has been received from NRMA – see Attachment 4.

The partnership proposal provides an overview of the overall NRMA project and notes that Berry has been identified as a key destination for enabling electric vehicle journeys for the following reasons:

· Well located to support EV journeys between Sydney and other major regional centres.

· Within the 200km range from both Sydney and Batemans Bay

· Key to encouraging EV tourism and visitation to Berry and enables journeys to other towns and communities in the region

· Offers excellent local amenities, tourist attractions and an attractive village atmosphere

· No existing fast charge facilities located in the area.

· High proportion of NRMA membership in the Shoalhaven LGA

· Minor detour from the main highway, with well-located supporting hospitality and retail

The preferred site in Berry is the existing parking bay/spaces (two spaces required) on the corner of Albany and Victoria Street, as noted on the following map:

Preferred Location – Proposed EV Charging Station

Albany Street, Berry – 2 Parking Bays (orange outline)

The proposal document also sets out the proposed responsibilities and working relationship between Council and NRMA as follows:

Council:

· Allocation of 2 x parking bays at Albany St

· Future option for 2 further bays, if required (usage metrics to be agreed)

· Preference for exclusive use for EV charging (flexible alternatives possible if required)

· Support in promotion of the site and the network to the local community

· Consideration of licence arrangements for site (peppercorn rental or similar)

NRMA:

· Site design, equipment supply and installation of a 50kW charger at each location

· Network owned, operated and maintained by NRMA (minimum ongoing financial or operational obligations for Council)

· Potential for co-branding of chargers and signage with Council

· Sharing insights about EV journeys to and within the region

· Promotion to NRMA’s 2.6m members

Given that under the proposal the proposed charging facility will be located within a public road reserve that is managed by Council, it has been reviewed by relevant Council staff and the following comments provided:

Consultation – general community consultation will be required. Specific consultation should also be undertaken with the Berry Forum, Berry Courthouse Committee, Berry Chamber of Commerce and Berry Showground Management Committee.

Approvals – The approval process will need to be clarified, but it is likely that a Section 138 approval under the Roads Act will be required to construct the charging station – this could be conditioned as Council sees fit, for example to charge NRMA an annual fee for any consent given. Note, this fee could be a nominal amount consistent with the NRMA request.

Signage – The NSW Roads & Maritime Services (RMS) now have signage to cover on charging spots. The signage and associated line marking may also need approval from the Shoalhaven Traffic Committee.

Demand – One or two spaces may be fine at present, but through time there is likely be an increase in the number of electric vehicles coming on to the market and this will increase the demand or pressure on the charging station. As such the allocated car parking space may be quickly exhausted and future growth needs to be considered.

Subject to the detail of the proposal continuing to be worked through this presents a significant opportunity for Shoalhaven, the local community and it will also assist with tourism as the charging station will be part of a network that will be provided by NRMA and promoted widely.

As such it is recommended that there is merit in Council supporting this proposal in principle and continuing to work through the detail of its implementation and delivery with NRMA.

Policy Framework – Electric Vehicle Charging Facilities

What the above commentary shows is that there will be an increasing demand for Council to support and assist with the delivery of Electric Vehicle Charging points and stations. Whilst Council has already resolved to amend its DCP to consider charging facilities for future development within the Nowra CBD, there is likely to be a continued and growing focus on utilising existing public road reserves and public car parking given their locations in highly visible or used locations.

As such it is also recommended that Council develop a policy position regarding Electric Vehicle Charging facilities that covers, amongst the relevant matters, generally where and how Council will consider the placement of these facilities on public land if approached by third parties who wish to deliver them.

Conclusions

Given the continued emergence of electric vehicles, it is prudent that Council establish a clear policy position regarding the placement of charging facilities that seek to utilise public land to ensure that these facilities are encouraged, with a clear framework in place to consider them. The opportunity that has emerged to also facilitate a charging station at Berry, working with the NRMA is also worthy of support and should be advanced. Facilitating this alongside the development of the proposed Council policy position will be beneficial

Community Engagement

As indicated above specific engagement/consultation will be undertaken with relevant interest groups including the Berry Forum, Berry Courthouse Committee, Berry Chamber of Commerce and Berry Showground Management Committee. Nearby landowners will also be advised and provided the opportunity to comment as the proposal is firmed up.

The broader policy position will be the subject of a further detailed Council report and this will also detail how the community will be engaged about the development of the policy.

Policy Implications

Given the likely growth in demand for this type of facility and proposals to use Council land, the report recommends the preparation of a clear Council policy position in this regard.

Financial Implications

Regarding the specific proposal for Berry, as indicated above, the NRMA has advised that it will fund the site design and equipment supply/installation and the network will be owned, operated and maintained by it. It is specifically noted in the NRMA material that there will be minimum ongoing financial or operational obligations for Council – this aspect and the lease or licence arrangement (have requested peppercorn rental or similar) will continue to be worked through with NRMA.

Ordinary Meeting – Tuesday 27 March 2018

Page 84

CL18.69 Submission - Proposed Remediation of Land SEPP

HPERM Ref: D18/56268

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Attachment 1 - FAQ's - Remediation of Land Planning Reform Package ⇩

Purpose / Summary

Advise of the exhibition by the NSW Department of Planning & Environment (DP&E) of a proposed Remediation of Land State Environmental Planning Policy (SEPP), and obtain endorsement to make a submission based on the content of this report.

Note: This matter is reported direct to Council given the timeframes involved and the need to make a submission before the close of the exhibition period.

Recommendation

That Council make a submission to the NSW Department of Planning & Environment on the proposed Remediation of Land State Environmental Planning Policy based on the content of this report.

Options

1. Adopt the recommendation and endorse the content of this report as the basis of Council’s submission.

Implications: This is the preferred option as it ensures that Council’s comments will be considered by DP&E in the finalisation of the proposed SEPP.

2. Make changes to the issues outlined in this report and submit to DP&E for consideration.

Implications: This option still provides the opportunity to identify matters to be considered in relation to the proposed SEPP; 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 recommended, as it will mean that Council does not provide any comment or input regarding the proposed SEPP and the opportunity to identify issues for consideration or resolution will be missed.

Background

DP&E has been reviewing all State Environmental Planning Policies (SEPPs) to ensure they remain effective and relevant. As part of this program, SEPP No. 55 - Remediation of Land (SEPP 55) has been reviewed and a recommendation made to repeal this SEPP and a new Remediation of Land SEPP created. The new SEPP will retain elements of SEPP 55, as well as add new provisions to establish an updated approach to the management of contaminated land.

The current SEPP 55 and its associated Planning Guidelines have been in place for nearly 20 years and both need review to respond to legislation/policy change and reflect new land remediation practices.

DP&E have provided an Explanation of Intended Effects (EIE) for the proposed new SEPP and draft Contaminated Land Planning Guidelines for comment until 31 March 2018. The two documents are available for review at:

http://www.planning.nsw.gov.au/Policy-and-Legislation/Under-review-and-new-Policy-and-Legislation/Remediation-of-Land-SEPP

In general terms, they propose that the new SEPP (and associated guidelines) will:

· Provide a state-wide planning framework for the remediation of land;

· Require consent authorities to consider the potential for land to be contaminated when determining development applications;

· Transfer provisions from SEPP 55, requiring remediation works to be categorised into Category 1: Remediation works requiring consent, and Category 2: Remediation works not requiring consent;

· Clearly list the remediation works that require development consent;

· Introduce certification and operational requirements for remediation works that can be undertaken without development consent;

The proposed Remediation of Land SEPP transfers the requirements to consider contamination when rezoning land currently within SEPP 55, to a direction under Section 117 (now Section 9.1) of the Environmental Planning and Assessment Act 1979 (EP&A Act).

DP&E have also produced a Frequently Asked Questions sheet for this package of reforms – see Attachment 1.

Review of Proposed Remediation of Land SEPP

Council staff have reviewed the exhibited documents and it is proposed to make a submission based on the following comments.

Strategic Planning

Support the following;

· The proposed removal and transfer of strategic planning provisions, currently outlined within Clause 6 of SEPP 55, requiring that contamination and remediation be considered in zoning or rezoning proposals, to be given effect through a direction under Section 117 of the Environmental Planning and Assessment Act 1979.

· The Section 117 direction requiring that PP’s to rezone land must be accompanied by either a preliminary or detailed site investigation report, when it meets a set of predefined circumstances.

· For high level strategic planning, where it may be difficult to know whether every part of the land is suitable for a proposed use, that potential contamination should be considered, and planning controls put in place to ensure that further investigations are undertaken, as required.

Development Assessment

Support the following;

· Transferring the two categories currently within SEPP 55 (Category 1: Remediation works requiring consent and Category 2: Remediation works not requiring consent) to the new SEPP.

· Mandatory use of certified contaminated land consultants and standard operational requirements as this will reduce uncertainty for councils and the community, and assist in ensuring that remediation works are carried out appropriately.

· Requirements that known, or potential contamination on nearby or neighbouring properties needs to be considered in the assessment and decision-making process.

It is also proposed that the following changes need to be considered/further investigated:

· Section 79C is referred to in the exhibited documents - this will need to be changed to reflect the new decimal numbering (Section 4.15) used in the amendments to EP&A Act.

· Deferred commencement requirements outlined in the draft guidelines need further detail to ensure that they cannot be utilised to defer adequate investigation.

· Consideration should be given to adopting suggested conditions of development consent, particularly relating to post-remediation management issues, Environmental Management Plans (EMP’s) and requiring certified contaminated land consultants to review or approve contamination reports, not Principal Certifying Authority’s.

· The Draft Guidelines propose placing the development controls requiring remediation into a Development Control Plan (DCP). The problem with this is that a DCP cannot prohibit development that an LEP allows. DP&E need to provide a new model clause in the Standard Instrument LEP to allow land to be identified and mapped as requiring remediation prior to development. This would then act as a prohibition, instead of a development control in a DCP.

It is disappointing that the actual draft SEPP has not been made available for comment. Thus, it is difficult to provide definitive comment on the detail of these reforms. It will be requested that that detail of the draft SEPP be made available to Councils and others for review before it is finally made to ensure that it is workable and there are no unintended consequences or complications.

Community Engagement

The proposed SEPP is currently on public exhibition until 31 March 2018, with exhibition documents available on DP&E’s website at:

http://www.planning.nsw.gov.au/Policy-and-Legislation/Under-review-and-new-Policy-and-Legislation/Remediation-of-Land-SEPP

Policy Implications

There may be policy changes associated with the implementation of the new SEPP, particularly regarding Council’s DCP and the Contaminated Lands Policy (POL16/234). The extent of these changes cannot be confirmed until a final version of the Remediation of Land SEPP is available.

Ordinary Meeting – Tuesday 27 March 2018

Page 97

CL18.70 Nowra Riverfront Precinct - Proposed Planning and Development Controls

HPERM Ref: D18/40290

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Proposed Planning Controls Report (under separate cover)

Purpose / Summary

Present the outcomes of the Nowra Riverfront Entertainment and Leisure Precinct Proposed Planning Controls Report undertaken for Council by urban design consultants, Studio GL, and obtain endorsement to release it for public review/comment.

Recommendation

That Council:

1. Receive the attached Nowra Riverfront Entertainment and Leisure Precinct Proposed Planning Controls Report prepared by Studio GL for information and endorse it being placed on public exhibition for a minimum period of 28 days to enable community comment.

2. During the exhibition period, directly consult with NSW Roads and Maritime Services in relation to the Nowra Bridge Project.

3. Consider a further report following the exhibition of the Nowra Riverfront Entertainment and Leisure Precinct Proposed Planning Controls Report that details any comments received, with a view to proceeding to: prepare a Planning Proposal for submission for initial Gateway determination to revise relevant Local Environmental Plan provisions; and a supporting Area Specific Chapter to be inserted in Shoalhaven Development Control Plan 2014.

4. Receive a further report on the insurance options for the former Nowra Sailing Club site.

Options

1. Adopt the Proposed Planning Controls Report for public exhibition and consider a further report following the exhibition on the need to amend the Shoalhaven LEP2014 and Shoalhaven DCP2014 to encourage and facilitate development of the precinct.

Implications: This is the preferred option as it will enable the community to comment on the Recommendations Report which contains suggested controls that could subsequently be inserted into the LEP and DCP.

Prior to moving ahead to preparing a Planning Proposal (PP) to amend the LEP and an area specific DCP Chapter, Council will also need to have detailed discussions with the NSW Roads and Maritime Services (RMS) in relation to the Nowra Bridge project. In addition, flooding and other site constraints will be able to be reasonably considered and addressed.

Moving forward with the community consultation of the proposed detailed development controls for the Precinct will enable quality urban design benchmarks to be established and ultimately facilitate the development of regionally significant precinct and key sites within it, including the former Tourist Information Centre site which is currently in the process of being sold by Council.

2. Adopt an alternative recommendation to proceed now with a PP and DCP Chapter for the Riverfront Precinct except for the Scenic Drive, Bridge Road and Wharf Road sub-precincts that are deferred until the detailed design of the Nowra Bridge Project has been resolved and the Lower Shoalhaven River Floodplain Risk Management Study and Plan is completed.

Implications: The timing of the release of the detailed design for the Nowra Bridge project is unknown. RMS have only just released the concept design for public consultation. The timing of the Lower Shoalhaven River Floodplain Risk Management Study and Plan is approximately three years and given this has already commenced, a draft plan may be available late 2019.

Given the delays that could be experienced by the Nowra Bridge Project and the Lower Shoalhaven River Floodplain Risk Management Study and Plan, proceeding with the Riverfront Precinct excluding the sub-precincts which are constrained by either flood or the new bridge crossing and realignment of Princes Highway, Council would be able to facilitate positive development of this regionally significant precinct that is of high quality / standard and that responds to the opportunities of the area.

3. Adopt an alternative recommendation to defer the whole of the Riverfront Precinct until such time the detailed design of the Nowra Bridge Project has been has been resolved and the Lower Shoalhaven River Floodplain Risk Management Study and Plan is completed.

Implications: This is not the preferred option as it further hinders the opportunity to progress this project and potential development in this regionally significant precinct, and its key development sites. If Council resolve to endorse this option, this would mean that any progression of the project could not occur earlier than late-2019. This is likely to be unacceptable given the broader Council and community desire to see this key precinct on the river activated.

Background

This is a high-profile precinct that Council and the broader community are keen to see activated and developed to take advantage of its key riverfront location.

Council initially commissioned Studio GL (consultant) in 2014 to work on the overall Nowra CBD Urban Design Development Controls. At the time, this also included the business zoned land within the Nowra Riverfront Precinct.

The Riverfront Precinct was however deferred from this project (now completed) due to the announcement by the NSW Government that they would pursue a new bridge crossing to the west (upstream) of the existing bridges. This decision was based on the likelihood that the new crossing and associated relocation of the intersections at Pleasant Way and Bridge Road could have a significant and unknown impact on the precinct and the properties in it.

Council proceeded to finally adopt the Nowra CBD Urban Design Development Controls in November 2015 and in making that decision also resolved to:

Proceed to prepare detailed urban design controls for the northern Riverfront/Gateway precinct and report back to Council on the steps required to enable redevelopment of this important precinct.

As a result, planning work recommenced on this regionally significant precinct. The area of the Riverfront Precinct is outlined in red in Figure 1 below:

Figure 1 – Nowra Riverfront Precinct Area

The initial report prepared by Councils project consultant, Nowra Riverfront Strategic Direction: Review and Analysis, clearly set out the desired future character of the precinct. It also established overarching objectives and principles including:

1. Increasing safety,

2. Enhancing open space,

3. Improving connections,

4. Strengthening the gateway, and

5. Providing a catalyst for renewal.

This report was considered by Council’s Development Committee in October 2017 and it was resolved (under delegation) to:

1. Receive this update on the progress of the Nowra Riverfront Precinct planning work for information.

2. Receive a further report once the draft detailed urban design controls have been prepared in accordance with the recommended strategic directions, that considers how to proceed with a potential Planning Proposal for new zones/building heights and supporting planning controls.

3. In preparing the draft urban design controls, consider retaining the height controls within the citywide DCP chapter N7 and give further consideration to a more flexible height within the precinct east of the Osborne Street corridor.

The October 2017 Development Committee report and the consultant’s report: Nowra Riverfront Strategic Direction: Review and Analysis can be accessed at the following link as item DE17.71:

http://shoalhaven.infocouncil.biz/Open/2017/10/DE_20171010_AGN_3705_AT_WEB.htm

The above resolution was made acknowledging that since the announcement by RMS that the third river crossing would be constructed to the west of the existing bridges, no further details had been provided at the time in terms of a concept design. This had resulted in any progression in the planning of the Riverfront precinct being deferred or held back. However, it was acknowledged that there was a need to move forward and provide some clarity on likely future planning and development controls for this precinct and particularly the former Tourist Centre site given the Council decision around its sale.

On Monday 19 February 2018, the NSW Government announced the Preferred Project Option for the Nowra Bridge Project. How this affects the Riverfront Precinct is discussed later in this report.

Overview - Nowra Riverfront Entertainment and Leisure Precinct - Proposed Planning Controls Report

In response to the October 2017 Development Committee resolution, the project consultant proceeded to the next stage of preparing draft detailed urban design controls in accordance with the strategic directions. These are detailed in the Proposed Planning Controls Report prepared by the consultant, which is provided as Attachment 1.

The proposed recommended controls provide an option on how the vision for the Riverfront Precinct could be delivered and respond to the character (land, urban structure, and urban form) of the area. The recommended controls consider: the current urban structure not making the most of the qualities of the land or encouraging buildings to create a well-defined public-private realm; and leveraging the maximum benefits from its high-quality landscape setting.

Due to the varying constraints, opportunities and the roles of individual areas within the broader Riverfront Precinct, the precinct has been divided into sub-precincts as illustrated in Figure 2 below. Each sub-precinct has its own proposed character statement, area-specific objectives, desired future urban structure and area specific development controls, except for the Council Administration Building site and the multi-dwelling housing development on the southern end of Hawthorn Avenue that have been excluded from any recommended LEP and DCP provisions.

Figure 2 – Sub-precincts within Riverfront Precinct

It should be noted that the level of uncertainty that remains, particularly for some of the sub-precincts, will mean that the final controls may vary from the ones contained in the Proposed Planning Controls Report. Such issues include, but are not limited to, the Nowra Bridge Project and its impact on the precinct, and the flood constraints of the precinct. In response to these unknown factors, the consultant has outlined nine (9) variations to the recommended controls. The variations demonstrate that the outcome of the unknown factors can result in significant impact and substantial changes in the overall scale and character of the development of the precinct.

At the time of the consultant preparing and finalising the Proposed Planning Controls Report, the details of the Nowra Bridge Project and its impact on the precinct were largely unknown.

Proposed LEP Controls Overview

The Proposed Planning Controls Report recommends changes to the LEP provisions for sub-precincts within the Nowra Riverfront as part of the overall suite of controls. The recommendations aim to respond to the role of each sub-precinct and potential opportunities and constraints.

Depending on the outcome of the recommended public exhibition and Councils ultimate decision, a PP would need to be prepared for the Riverfront Precinct to amend Shoalhaven LEP 2014 to change zones and insert specific height of buildings and Floor Space Ratio (FSR) controls or development standards.

As noted, the consultant has recommended no change to the LEP provisions for the Council Administration Building site and the multi-dwelling housing development on the southern end of Hawthorn Avenue due to the existing development and the appropriateness of the existing LEP provisions.

The recommended LEP provisions are detailed in Attachment 1 and summarised for each of the sub-precincts shown in Figure 2 in the table below.

Pleasant Way & Graham Lodge

Current Zoning	Recommended Zoning	Current Height	Recommended Height	Current FSR	Recommended FSR
B4 Mixed Use	Retain or change to R3 Medium Density Residential	11m	21m (6 storeys) with 11m (3 storeys) on/around Graham Lodge	N/A	1:1 (or 1.3:1 if the area around Graham Lodge is excluded from the calculation)

Wharf Road

Current Zoning

Recommended Zoning

Current Height

Recommended Height

Current FSR

Recommended FSR

SP3 Tourist / R2 Low Density Residential

Retain SP3 Tourist, Change R2 Low Density Residential to SP3 Tourist

Part 11m

Part 7.5m / 8.5 (R2 zone)

18m (5 storeys)

N/A

1:1

Comment – the consultants at his point have recommended an SP3 zone in this location. However, prior to finalisation the potential use of an alternate zone that facilitates activation may need to be considered e.g. B4 Mixed Use.

Mandalay Avenue

Current Zoning

Recommended Zoning

Current Height

Recommended Height

Current FSR

Recommended FSR

R3 Medium Density Residential

Largely no change needed - potential for small area on eastern edge (Council owned) to go to RE1 Public Recreation where a new road proposed

Part 11m

Part 7.5m (Foreshore)

22m (6 storeys) with three storeys (approx. 12m) along the foreshore

N/A

1.3:1 to 1.7:1 (bonus for provision of pedestrian link)

Hyam Street

Current Zoning	Recommended Zoning	Current Height	Recommended Height	Current FSR	Recommended FSR
B4 Mixed Use	Retain B4 Mixed Use	11m	18m (5 storeys)	N/A	Additional investigation needed (existing heritage items) to determine FSR

Scenic Drive

Current Zoning	Recommended Zoning	Current Height	Recommended Height	Current FSR	Recommended FSR
B4 Mixed Use	SP3 Tourist	11m	18m (5 storeys) with 4m (1 storey) along the foreshore	N/A	Requires additional investigations (flooding, bridge crossing impact, heritage and access) to determine FSR

Bridge Road (civic triangle)

Current Zoning	Recommended Zoning	Current Height	Recommended Height	Current FSR	Recommended FSR
B4 Mixed Use	Retain B4 Mixed Use	Part 16m, Part 25m, Part 28m	Between 4 and 7 storeys (approx. 15m and 24m)	N/A	1.7:1

At this point there are no LEP change proposals regarding the areas shown in ‘grey’ in Figure 2 above within the precinct. The earlier Strategic Direction report indicated opportunities regarding some of these areas, most of which are publicly owned. These are perhaps longer-term opportunities and will be given further consideration prior to the finalisation of this project to help establish the potential future urban structure.

Proposed DCP Controls Overview

Detailed supporting design controls have also been developed for each sub-precinct within the broader Riverfront Precinct to establish high quality urban design outcomes in the visually prominent and regionally significant precinct.

Depending on the outcome of the public exhibition, an area-specific chapter will ultimately need to be prepared for the Riverfront Precinct to incorporate the detailed design controls into the DCP

The recommended controls cover, but are not limited to: setbacks, bulk and scale, amenity, articulation, addressing the street, flood responsive design, landscaping and new links and connections.

The proposed DCP controls will need to be reviewed and amended depending on the outcomes of the Nowra Bridge Project and further detailed findings from a flood study.

As noted previously, the project consultant has recommended no change / additional DCP provisions for the Council Administration Building and the multi-dwelling housing development on the southern end of Hawthorn Avenue. Should development occur in the future in these sub-precincts, they will rely on the generic DCP chapters.

Flooding

Council’s current flood information identifies that the precinct is flood affected, with varying affectations to each of the individual sub-precincts. Previous reports to Council have indicated that further technical flood studies will need to be undertaken to facilitate appropriate development in the Riverfront Precinct.

The Proposed Planning Controls Report also suggests that confirmation of flood levels and impacts is required to determine the likely development impacts and viability of specific development options as outlined in the report.

Initial commentary from Council’s Floodplain Engineers have indicated that enabling development in this area will require further assessment. The approach of sub-precinct specific controls in relation to flood responsive design is supported, however some of the recommended controls within the Proposed Planning Controls Report are not considered to be practical and therefore need revisiting.

It is noted that Council has now commissioned a consultant to undertake the Lower Shoalhaven River Floodplain Risk Management Study and Plan which will improve understanding of flood behaviour and impacts, and better inform management of flood risk in the study area. This includes the Riverfront Precinct. The Study will enable any development controls for this area to be well informed and respond to the sub-precinct specific flood constraints. However, whilst this has commenced, the process is expected to take up to three (3) years to complete and a draft plan may not be available late 2019. As such this has the potential to significantly impact on the final delivery of this project and ultimately new development in this area.

Nowra Bridge Project

The Preferred Project Option for the Nowra Bridge Project is currently out for community feedback until Friday 23 March 2018.

The preferred project includes:

- New northbound four-lane bridge,

- Reconfiguration of the existing concrete bridge to carry southbound traffic,

- Intersection upgrade at Illaroo Road, Bolong Road and Bridge Road,

- New Pleasant Way T-intersection, and

- Keeping the old southbound bridge for pedestrian and cyclists.

The concept design which has now been released by RMS illustrates indicative potential impact to the Scenic Drive, Bridge Road, Wharf Road and Pleasant Way & Graham Lodge sub-precincts.

An example of the potential impact on the Pleasant Way & Graham Lodge sub-precinct is proposed closure of Pleasant Way at its current location with a new location proposed south of the existing multi-dwelling housing development at Hawthorn Street. The exact location of this new road is unknown. The recommended setbacks in Pleasant Way / Graham Lodge sub-precinct will potentially need to be revisited. Looking at it in isolation, there are also some potential benefits in this regard in that moving Pleasant Way could present an opportunity to create a consolidated parcel for redevelopment. This specific proposal, along with the others, will need to be considered as part of the detailed consultation and dialogue with RMS and following the conclusion of the exhibition.

Despite the bridge information being publicly released, the detailed design is required before the full extent of the impact of the new bridge and highway realignment is known. It is recommended that as part of the public exhibition of the Proposed Planning Controls Report, Council engage directly with RMS to understand the full scope of potential impacts to the Riverfront Precinct and possible solutions.

Nowra Sailing Club and Wharf

The proposed consultant has also incorporated an option for the site of the previous Nowra Sailing Club and Wharf in the Proposed Planning Controls report. Noting that the site is significantly constrained by flood, the consultants have recommended that the site not be redeveloped for uses that would require costly recovery during a flood event.

The consultant’s option proposes that the site be used for a lightweight picnic facility / pavilion that includes seating, barbeques and public toilets. The design of the pavilion should have regard to the profile of the previous structure and the signage from the Sailing Club.

The opportunity to provide a space for a ‘pop up’ café or similar on the site as part of any replacement pavilion is also worthy of consideration. This would provide an opportunity for a temporary use/activation, for example in the warmer summer months.

Council will need to receive a further report on the insurance options of the Nowra Sailing Club to determine the way forward for the site.

Community Engagement

In May 2017, the project consultant facilitated three landowner workshops to discuss preliminary ideas for the development of the precinct, including increasing building height, rationalising the road network, creating a more legible and permeable precinct, and land swap arrangements to optimise public open space. The feedback obtained through the workshops was used to help inform the Proposed Planning Controls Report.

It is recommended that the Proposed Planning Controls Report should now be publicly exhibited for a minimum period of 28 days to enable the community to comment on its actual recommendations before they are finalised and acted on by Council. During the public exhibition, Council will also need to engage with RMS to fully understand the implications of the Nowra Bridge Project and appropriate mechanisms to address the new bridge crossing, access and any other associated matters.

Should the changes to the LEP and DCP as recommended in the Proposed Planning Controls Report proceed later in the process, they will also be separately consulted on and notified in accordance with the relevant legislation.

Policy Implications

The recommendation to move to public exhibition does not expressly result in any policy implications. However, if the outcome of the public exhibition period is positive and Council proceeds with the recommendations of the Proposed Planning Controls this may require amendments to Shoalhaven LEP 2014 and Shoalhaven DCP 2014.

Preparation of a PP will be required to modify the zones and height of building development standard in some of the sub-precincts in the Riverfront Precinct.

Preparation of an area-specific DCP Chapter for the Nowra Riverfront will be required. In adopting a DCP Chapter for the Nowra Riverfront, existing Chapter N7: Nowra Hotel Site and Civic Precinct will need to be rescinded.

It is also likely that an amendment to Shoalhaven Contributions Plan (CP) 2010 will be required for a new project for additional passive recreation space and embellishment. This would be required if Council ultimately adopt the Proposed Planning Controls Report so development in this area are levied contributions to deliver this infrastructure.

Financial Implications

This project was identified as a high priority in the Strategic Planning Works Program that was endorsed by Council on 17 July 2017. As such the area specific controls for the Riverfront Precinct have been prepared using Strategic Planning’s existing operational budget.

Ordinary Meeting – Tuesday 27 March 2018

Page 106

CL18.71 Lessons for the Shoalhaven from the Californian Bushfires

HPERM Ref: D18/74574

Group: Planning Environment & Development Group

Section: Environmental Services

Attachments: 1. Treatment Table from Shoalhaven Risk Managment Plan ⇩

2. Bush Fire Management Committee - Handbook Extracts ⇩

Purpose / Summary

This report is provided in response to the Notice of Motion CL17.328 – Lessons for the Shoalhaven from the Californian Bushfires.

Recommendation

The Council receive the report on lessons for the Shoalhaven from the Californian Bushfires for information.

Options

1. Receive for information.

Implications: Council is informed of the current situation in relation to bushfire management on public land.

2. Council adopt an alternative recommendation.

Implications: Unknown

Background

At the Ordinary Meeting of Council on 19 December 2017, Council resolved:

That with the Californian bushfires in mind, Council receive an evaluation report detailing the lessons that can be learnt from such a catastrophic event. The Report would need to include, but not be restricted to the following:

1. That impact of global warming and climate change:

2. The possible dangers of creating urban forests:

3. The danger areas in the Shoalhaven

4. The identification of suitable “fire resistant” vegetation; and

5. Ways of encouraging input from local and suitably qualified experts within the Shoalhaven community.

6. Write to Rural Fire Service District Manager, Mark Williams, and request he brief the Councillors on his experience.

This report responds to the above resolution.

1. Global warming/climate change impacts on bushfire severity.

Under the Australian Government climate change projections, increases in extreme heat days, that is temperatures over 35ºc, will contribute to an increase in the number of extreme bushfire days. For our region, the number of extreme fire danger days could rise from the current 9 days per year to up to 15 in 2050.

The Australian Government’s website Climate Change in Australia includes a tool (the Regional Climate Change Explorer) that provides summaries of climate change projections for Australian regions. The key messages from the report are:

· Average temperatures will continue to increase in all seasons (very high confidence).

· More hot days and warm spells are projected with very high confidence. Fewer frosts are projected with high confidence.

· Generally, less rainfall in the cool season is projected with high confidence. Changes to summer and autumn rainfall are possible but less clear. For the near future, natural variability is projected to dominate any projected changes.

· Increased intensity of extreme rainfall events is projected, with high confidence.

· Mean sea level will continue to rise and height of extreme sea-level events will also increase (very high confidence).

· A harsher fire-weather climate in the future (high confidence).

· On annual and decadal basis, natural variability in the climate system can act to either mask or enhance any long-term human induced trend, particularly in the next 20 years and for rainfall.

Examining the data more closely highlights that there is, ‘a low confidence in the magnitude of the change to fire weather’, as this depends on the rainfall projection and its seasonal variation. Of course, other factors such as evaporation, humidity and solar radiation all potentially affect fire weather and each of these have their own climate change projections.

Information about bushfire and climate change is provided through the Collaboration for Australian Weather and Climate Research (a research partnership between CSIRO and the Australian BOM) and the Bushfire and Natural Hazards Cooperative Research Centre (BNHCRC). For example, The National Research Priorities were launched through the BNHCRC in July 2017, setting the agenda to address the major issues in relation to natural hazards, including bushfires and to support the uptake of research through to implementation.

2. The possible dangers of creating urban forests

Urban forestry is described as ‘the science and art of managing trees, forests and natural ecosystems in and around urban communities to maximise the physiological, sociological, economic and aesthetic benefits that trees provided society’. (Helms 1998, Dictionary of Forestry)

Interest in urban forests is being driven in part by climate change projections of increased temperatures and the potential to create urban heat islands (UHI).

The urban heat island is a phenomenon where urban areas become warmer than surrounding non-urban countryside, often by several degrees. This has implications for the health of the community as was illustrated in Victoria during the heatwave of January-February 2009 where ‘the last part of the heatwave coincided with the ‘Black Saturday’ bushfires which caused the loss of 173 lives and the destruction of over 3,500 structures. It was estimated (Victorian Department of Human Services, 2009) that 374 excess deaths occurred in Victoria during the first week of the heatwave, prior to any influence from the bushfires (Australian Bureau of Statistics).

http://www.abs.gov.au/AUSSTATS/abs@.nsf/Lookup/1301.0Chapter1042009%E2%80%9310

David Ranson, a Forensic Pathologist at Monash University and Deputy Director, Victorian Institute of Forensic Medicine, stated that “the elderly and the very young, in particular, are unable to react adequately to high ambient temperatures. Individuals who are very obese, very malnourished or have poor physical fitness are also more physically vulnerable to extreme heat. (Ranson, D. 2014, Death in a hot climate; southern heatwave to take its toll http://theconversation.com/death-in-a-hot-climate-southern-heatwave-to-take-its-toll-22039 )

Many of Australia’s larger cities have developed strategies that promote Urban Forestry framed around the following themes:

· Mitigate and adapt to climate change (extreme heat, stormwater & flooding)

· Reduce the urban heat island effect

· Design for liveability

· Design for health & wellbeing

· Creating healthier ecosystems

The NSW Rural Fire Service has guidelines for landscaping in bushfire prone areas within their document standards for asset protection zones. This standard would be a useful tool for those who are planning revegetation projects, including urban forestry.

3. The danger areas in the Shoalhaven

Areas at high risk of bushfires in the Shoalhaven are prioritised for mitigation treatments through the district bushfire risk management plan (BFRMP). Assets of value to the community are identified and categorised and a consequence and likelihood rating applied to arrive at a risk level for each asset.

The table below shows the Human Settlement assets identified as at high, very high and extreme bushfire risk in the Shoalhaven BFRMP.

TYPE	SUB TYPE	LOCATION	NAME	RISK	TREATMENT
Human Settlement	Residential	Dolphin Point	Pothole Road Cabins	Extreme	1;3;7
Human Settlement	Residential	Callala Beach	Benton Sands	Extreme	1;3;9
Human Settlement	Special Fire Protection	Bendalong	Environmental Education Centre	Extreme	1;15
Human Settlement	Residential	Bangalee	Order of St Charbel	Extreme	1;3;9
Human Settlement	Residential	Tomerong	Jerberra Estate	Extreme	1,3;16
Human Settlement	Special Fire Protection	Vincentia	Jervis Bay Christian Community School	Extreme	1;2;15
Human Settlement	Special Fire Protection	Kangaroo Valley	Glengarry	Very High	1;15
Human Settlement	Residential	Myola	Myola	Very High	1;2;3;4;5
Human Settlement	Residential	Sussex Inlet	Sussex Inlet Rural Residential	Very High	1;2;17;12
Human Settlement	Residential	Tomerong	Tomerong Non-urban	Very High	1;2;17;12
Human Settlement	Residential	Falls Creek	Falls Creek Rural Residential	Very High	1;2;17;12
Human Settlement	Residential	Morton	Shoalhaven South Non Urban	Very High	1;2;12
Human Settlement	Residential	Kangaroo Valley	North Shoalhaven Rural	Very High	1;2;17;12
Human Settlement	Special Fire Protection	Vincentia	Vincentia Primary School	Very High	1;15
Human Settlement	Residential	Wandandian	Wandandian Non Urban	High	1;2;18;12
Human Settlement	Residential	Nowra	Nowra Rural Residential	High	1;2;12
Human Settlement	Residential	North Nowra	North Nowra	High	13;14
Human Settlement	Residential	Bomaderry	Bomaderry West	High	13;14
Human Settlement	Residential	Nowra	Nowra Western Interface	High	1;13;14
Human Settlement	Residential	West Nowra	West Nowra Residential Area	High	1;13;14
Human Settlement	Residential	Bangalee/Tapitalee	Bangalee/Tapitalee	High	1;2;13
Human Settlement	Residential	Cudmirrah Berrara	Cudmirrah Berrarah	High	1;2;5;19;14
Human Settlement	Residential	Huskisson	Huskisson	High	1;2;5;19;21
Human Settlement	Residential	Old Erowal Bay	Old Erowal Bay	High	1;2;13
Human Settlement	Residential	Basin View	Basin View	High	1;19;14
Human Settlement	Residential	St Georges Basin	St Georges Basin West	High	1;20
Human Settlement	Residential	Badgee	Badgee	High	1;2;20
Human Settlement	Residential	Sussex Inle	Sussex Inlet	High	1;2;5;20;21
Human Settlement	Special Fire Protection	Vincentia	Vincentia High School	High	1;15
Human Settlement	Residential	Vincentia East	Vincentia East	High	1;12;14
Human Settlement	Residential	Bream Beach	Bream Beach	High	1;20;22
Human Settlement	Residential	Sussex	Medlyn Avenue Sussex Inlet	High	1;20
Human Settlement	Residential	Kings Point	Kings Point	High	1;20
Human Settlement	Special Fire Protection	Sussex Inlet	Sussex Inlet Public School	High	1;15
Human Settlement	Residential	West Lake Conjola	West Lake Conjola, Prior Street	High	1;5;20

Table 1: Human Settlement Assets at High, Very High & Extreme risk (taken from the Shoalhaven Bushfire Risk Management Plan Appendix 1)

Treatments shown in Table 1 above, relate to the agreed activities that will be undertaken to mitigate the risk. The list of these treatments is provided as Attachment 1.

“Normal Business” Treatments

The BRMP also identifies city-wide treatments that are undertaken as part of ‘normal’ business. These treatments aren’t linked to specific assets but are applied according to legislative requirements and/or agency policy. They include:

· Reviewing the bush fire prone land map

These maps identify bush fire prone land and are used to trigger whether a development application is assessed using Planning for Bush Fire Protection^{^[1]}.

· Ensuring developments in bush fire prone land comply with Planning for Bush Fire Protection

This assessment process requires new applications for development to include bush fire protection measures.

· Using the Local Environment Plan/s (LEPs) to control developments in areas with a bush fire risk

LEPs can be used to exclude development in extreme bush fire risk areas or where bush fire protection measures cannot be incorporated.

· Varying the standard bush fire danger period as required

In years where the weather is particularly adverse the bush fire danger period may be brought in early or extended. This is assessed every year by the BFMC.

· Requiring permits during the bush fire danger period

In the bush fire danger period a fire safety permit is required to light a fire in the open. Permits specify conditions such as fire fighting equipment that must be on site, or restrict burns based on weather conditions.

· Prosecution of offenders in relation to deliberate ignitions

Under the Rural Fires Act 1997 persons may be prosecuted for breaching the conditions on a fire permit, lighting a fire during a Total Fire Ban, allowing fire to escape their property, or other breaches of the Act.

The member agencies of the BFMC will co-operate with the NSW Police in relation to the prosecution of arsonists under the Crimes Act 1900.

· Investigation of bush fire cause

All bush fires which do not have a known cause are investigated to identify how they started.

· Normal fire suppression activities

Responding to bush fire is a normal business activity for the firefighting authorities.

· Community Education

Providing communities and individuals with information on preparing for and dealing with bush fires.

· Surveillance

Carrying out surveillance on days of very high or above fire danger.

· Assessing and managing compliance with strategic firefighting resource allocation provisions

Strategic firefighting resource allocation provisions is the process used to identify the number of stations, brigades and appliances required in an area, and considers members, training, assets and hazards.

· Preparation of a S52 Operations Coordination Plan

The Operations Coordination Plan is prepared biannually and sets out how coordinated firefighting will occur. It includes specific operational restrictions on firefighting techniques in certain areas, where fires will be managed from, and how agencies involved can communicate during operations.

· Fire Management Plans or Plans of Management

Some land management agencies have developed fire management plans or plans of management with specific fire or fuel management strategies, for example a Forests NSW Regional Fuel Management Risk Plan, a NPWS Fire Management Strategy. These publicly exhibited plans form the basis for operational fire planning on public parks, reserves and forests.

· Bush Fire Hazard Complaints

If someone is concerned about possible bush fire hazards on a neighbouring property or any other land, then this can be reported to the RFS Commissioner or their local RFS Fire Control Centre. The complaint will be investigated and may result in a notice being issued to the landowner or manager to reduce the hazard.

The BRMP contains more information about the identification and management of the overall bushfire risk posed to the Shoalhaven LGA.

4. The identification of suitable “fire resistant” vegetation

All plants will burn when subjected to sufficient heat. The NSW Rural Fire Service document Planning for Bushfire Protection (PBP) provides landscaping and property maintenance guidance in Appendix 5. Following is an extract from Appendix 5 in PBP listing the ‘attributes of vegetation which affect bushfire attack’:

· Moisture content of leaves;

· Volatile oil content of leaves;

· Mineral content of leaves;

· Leafe fineness;

· Density of foliage;

· Continuity of plant form;

· Height of lowest foliage above ground;

· Size of plant;

· Dead foliage on the plant;

· Bark texture;

· Quantity of ground fuels;

· Fineness of ground fuels;

· Compaction ability of ground fuels; and

· Mineral content of ground fuels.

Higher moisture content of leaves, less available bark and lower amounts of leaf drop will also reduce maintenance requirements and bush fire attack.

Conifers and trees with rough fibrous bark and/or candle bark type should be avoided. Keep in mind that vegetation can provide an effective windbreak, catching embers and flying debris; windbreaks can be particularly useful in rural and rural-residential areas.

Landscaping is only one of the suite of bushfire protection measures that can be used to reduce the risk of bushfire attack on built assets.

Diagram 1: Bushfire Protection Measures in combination (from PBP p12)

Varying levels of protection from bushfires is achieved through employing a combination of suitable and relevant strategies. The following extract is taken from PBP (p9):

· Control the types of development permissible in bushfire prone areas

· Minimise the impact of radiant heat and direct flame contact by separating the development from the bushfire hazard

· Reduce the rate of heat output (intensity) of a bushfire close to a development through control of fuel levels

· Minimise the vulnerability of buildings to ignition from radiation and ember attack

· Enable relatively safe access for the public and facilitate fire-fighting operations

· Provide adequate water supplies for bushfire suppression operations

· Implement community education programs, focusing on property preparedness, including emergency planning and property maintenance requirements and

· Facilitate the maintenance of APZs, fire trails, and access for firefighting and on-site equipment for fire suppression.

These individual strategies highlight the shared responsibility involved to ensure the full range of stakeholders are actively engaged and working cooperatively to achieve a common goal, in this case, protection of life and property.

5. Ways of encouraging input from local and suitably qualified experts within the Shoalhaven community.

District Bushfire Management Committees (BFMCs) provide a forum for cooperative and coordinated bushfire management and community involvement.

Membership of BFMCs is set by clause 15 of the Rural Fires Regulation; the list of invited members is provided as Attachment 2.

Members of the community can provide input through the representative of a particular stakeholder group or directly to the Executive of the BFMC. Each local authority i.e. Council, has two positions on the BFMC:

1. A person nominated by each local authority whose area comprises land in the BFMC’s area, being (in the case of a local authority that is a council) the Mayor or a councillor of the Council and,

2. A person nominated by each local authority for the BFMC’s area has having responsibilities for the performance of the local authority’s functions respecting the environment.

Councillor Jo Gash and Kelie Clarke, Manager Environmental Services hold the positions currently. Councillor Mitchell Pakes has also been nominated by Council to attend these meeting. Council’s Fire Mitigation/Bushland Management Officer, Megan Birmingham, also attends the Committee and Sub-Committee meetings.

BFMC meetings are held three times per year and are hosted by the RFS. Council is fortunate to be able to represent, both the community concerns, via its Councillor position, as well as the operational and environmental concerns, via staff position as required by the Regulation and BFMC Handbook.

BFMCs must:

· Regularly report on its activities

· Prepare the district Bushfire Operations Coordination Plan (Ops Plan)

· Prepare the district Bushfire Risk Management Plan

· Prepare and maintain the district Fire Trails Register

· Maintain an Operations Manual

· Prepare a pre-season checklist

They may also:

· Make recommendations regarding bushfire danger periods

· Draw matters to the attention of the Bushfire Coordinating Committee (BFCC)

· Provide suggestions and feedback to the BFCC

(The BFCC is a NSW statutory body representing the crown, established under the providers of the Rural Fires Act 1997 and the Rural Fires Regulation 2002. The BFCC is the parent committee of the BFMCs and determines the guidelines and requirements for their operations.

Policy Implications

Council is a member of the Shoalhaven Bush Fire Management Committee (BFMC) established under the Rural Fires Act 1997 and managed by the NSW Rural Fire Service. Council has two (2) members on the Committee, Councillor Jo Gash and Council’s Environmental Services Manager. Councillor Mitchell Pakes has also been nominated by Council to attend the meetings. Council’s Bushfire Mitigation program, coordinating management of asset protection zones and fire trails on Council owned and managed land, is part of the Environmental Services portfolio. Council’s Fire Mitigation/Bushland Management Officer also attends the Committee and Sub-Committee meetings.

Financial Implications

Council has an annual operational budget to implement an annual bushfire mitigation program and another for fire trail upgrades. For this financial year, 2017/18, the budget is $143,300 for hazard reduction work and fire trail upgrades is $21,000. Council staff apply for grant funding to supplement this budget.

Council recently won a $268,000 grant under the NSW State Government Bushfire risk mitigation and resilience program to upgrade the section of the Wattle Fire Trail at Yerriyong, which is managed by Council. The length of this fire trail runs through land managed by Council, National Parks & Wildlife and Crown Lands.

Community Engagement

The Bush Fire Risk Management Committee has been updating the Shoalhaven Bush Fire Risk Management Plan. This process is managed by the RFS. In accordance with the Rural Fires Act the draft updated Plan must be placed on public exhibition for comment.

The community is also represented by the Councillor and Council officer representatives on the Committee.

Ordinary Meeting – Tuesday 27 March 2018

Page 117

CL18.73 Berrara to North Bendalong Creek Crossings - Review of Environmental Factors

HPERM Ref: D18/85108

Group: Shoalhaven Water Group

Section: Water Asset Planning & Development

Attachments: 1. Report Attachment - B2NB - Review of Environmental Factors - Final - March 2018 - OEH Determined (under separate cover)

2. Report Attachment - B2NB - Review of Environmental Factors - OEH Determination - Notice for External Proponents (under separate cover)

Purpose / Summary

Shoalhaven Water proposes to upgrade the Berrara to North Bendalong Trunk Main where it crosses Berrara Creek and Nerrindillah Creek. A Review of Environmental Factors (REF) for the project has been prepared. Since the proposal is located on land reserved under the National Parks & Wildlife Act (NPW Act) both Shoalhaven City Council and the Office of Environment and Heritage (OEH) are considered determining authorities.

On 8 March 2018 Shoalhaven Water received OEH’s determination that the project could proceed subject to the conditions in their Determination Notice. This report seeks Council’s concurrence in also determining that the project can proceed in accordance with the mitigation and control measures identified in the REF and OEH’s Determination Notice.

Recommendation

That Council determine that:

1. After consideration of the Review of Environmental Factors (REF) for the Berrara to North Bendalong Creek Crossings it is unlikely that there will be any significant environmental impacts as a result of the proposed works and

a. Council adopt the proposed mitigation and control measures identified in the REF

b. Council concur with the mitigaton and control measures identified in the Office of Environment and Heritage’s Determination Notice

c. Council determine that no Environmental Impact Statement (EIS) is required for the proposed works

d. Council determine that no Species Impact Statement (SIS) is required for the works

2. The Berrara to North Bendalong Creek Crossing project can proceed

3. The General Manager (Shoalhaven Water) be authorised to sign the Aboriginal Heritage Impact Permit (AHIP) application on behalf of Shoalhaven City Council

Options

1. Adopt the recommendation

2. Council could choose not to accept the mitigation and control measures contained in the REF and require additional control measures or further studies be undertaken.

Implications: This would delay the the start of the project. Council would be deeming insufficient the contributions of the various flora and fauna experts, community stakeholders (including both indigenous and non-indigenous) and government departments who have already been consulted and whose comments have already been incorporated into the REF.

3. Council could determine not to proceed with project or parts of the project.

Implications: The existing pipe under the creek crossings is made of Mild Steel Cement Lined (MSCL) material and there are concerns with its strutural integrity as the existing corrossion protection system on these sections of the pipeline has failed. If the pipeline is not replaced with Polyethylene (PE) material in these sections, as per the proposal, the structural integrity of the MSCL will continue to degrade with the potential for the pipe to break in the future.

4. Council could choose not to authorise anyone to apply for an AHIP.

Implications: Without an AHIP Council will not be able to proceed with the project

Background

Overview

The current Berrara to North Bendalong Trunk Main supplies water to the coastal villages of North Bendalong, Bendalong, Manyana, Cunjurong and Lake Conjola and also connects the Southern Shoalhaven Water Supply Scheme to the Northern Shoalhaven Water Supply Scheme.

Shoalhaven Water proposes to upgrade the two creek crossings at Berrara Creek and Nerrindillah Creek from the existing DN300 Mild Steel Cement Lined (MSCL) pipe to DN400 Polyethylene (PE) pipe (see Figure 1). As part of Shoalhaven Water’s regular operational and maintenance procedures it has been identified that the existing corrosion protection system, installed to protect the submerged metal pipe, has failed. As such there are concerns over the ongoing structural integrity of the existing MSCL under these creeks.

By replacing the MSCL pipe with a PE pipe it will both restore confidence in the operability and durability of the Berrara to North Bendalong Trunk Main and alleviate the need to repair or re-implement a corrosion protection system since the polyethylene material does not corrode in water charged ground.

The creek crossings are located within an existing power supply corridor managed by Endeavour Energy, and are part of the existing Trunk Main corridor. Both pipeline crossings are located within the Conjola National Park, which is reserved under the National Parks and Wildlife Act 1974. Because the works are wholly located within the Conjola National Park, under Part 5 of the Environmental Planning & Assessment Act, Shoalhaven City Council and the Office of Environment and Heritage are both deemed to be the determining authorities for this proposal.

Figure 1 Location of Berrara Creek and Nerrindilah Creek Crossing

Determination by the Office of Environment and Heritage

In March 2017 the draft REF was provided to OEH for comment and the recommendations received were actioned and incorporated into the final REF.

The Final REF was submitted to OEH for Determination on 19 October 2017. Further comments were received from OEH on 24 November 2017 regarding issues primarily associated with cultural heritage. These issues were addressed and a revised Final REF was submitted to OEH on 16 December 2017.

On 8 March Shoalhaven Water received OEH’s Determination that the project could proceed subject to the conditions in their Determination Notice.

This report seeks to obtain Council’s concurrence to determine that the project can proceed as per the mitigation measures included in the revised Final REF and as per the conditions of the OEH Determination Notice (refer Attachment 2 for details).

Community Engagement

As part of the Review of Environmental Factors process Shoalhaven Water has consulted widely with various community stakeholders.

Local Community

The REF was placed on public exhibition between 23 August and 15 September 2017 at Council’s Administration Centres in Nowra and Ulladulla. An electronic copy was available to download from the Documents on Exhibition page on Council’s website during the same period.

No submissions were received from the general public.

Government Agencies

The following government agencies were consulted on 22 April 2016

· NSW Department of Primary Industries (Fishing)

· NSW Department of Primary Industries (Water)

· NSW Environmental Protection Authority

· Office of Environment and Heritage (National Parks)

· Office of Environment and Heritage (Planning)

· Shoalhaven City Council

· Endeavour Energy

These agencies were also contacted again to advise of the general public exhibition in August – September 2017.

A summary of the feedback received from the government agencies consulted is included in Table 4-1 of the REF Document (refer Attachment 1).

Aboriginal Consultation

As part of the preparation of the Aboriginal Heritage Assessment component of the REF consultation on the draft Cultural Heritage Assessment Report (CHAR) has taken place with the Jerrinja Local Aboriginal Land Council (JLALC) in 2008, 2011 and 2015.

A detailed assessment of the impacts of the project on the area’s history and archaeological significane was undertaken in 2017 (see Appendix A of the REF). This assessment identified eight archaeological sites of which four will at least be partially impacted by the works.

Impacting on these four aboriginal heritage archaeological sites will require Shoalhaven City Council to apply for an Aboriginal Heritage Impact Permit (AHIP). It is a condition of the REF that the requirements of the AHIP be strictly adhered to.

Shoalhaven Water is unable to complete or lodge the application for an AHIP without an REF endorsed by both the Office of Environment and Heritage and Shoalhaven City Council.

Financial Implications

Sufficient Funds have been allocated in the Water Fund Capital Budget for 2017/18 and 2018/19.

It is anticipated to complete construction of the project in 2018/19.

[1] NSW Rural Fire Service 2006 Planning for Bush Fire Protection: A guide for councils, planners, fire authorities and developers.

Tenderer	Location
Tony Kuipers	Callala Bay