Agenda of Ordinary Meeting - 22 September 2020

Ordinary Meeting – Tuesday 22 September 2020

Page 1

CL20.199 Report of the Strategy & Assets Committee - 8 September 2020

HPERM Ref: D20/408243

SA20.160 Proposed Lease to Shoalhaven Trophy Centre & All Occasion Gifts - 2/3 Stewart Place, Nowra

HPERM Ref: D20/334923

RECOMMENDATION

That Council:

1. Agree to a Deed of Surrender for Part Lot 1 DP 115782 and Part Lot 1 DP 434714 being that part of the auto consol 7853-13 known as 1/3 Stewart Place, Nowra with the Lessee Franco Fulginiti & Narelle Fulginiti trading as Shoalhaven Trophy Centre & All Occasional Gifts.

2. Enter into a three (3) year lease plus three (3) year option for Part Lot 1 DP 115782; known as 2/3 Stewart Place, Nowra with Franco & Narelle Fulginiti trading as Shoalhaven Trophy Centre & Engraving + All Occasion Gifts for the purpose of trophy, engraving and gift sales at a commencement rent of $21,000 (excl GST) pa + outgoings with annual CPI increases.

3. Require each party to pay own legal costs relating to this matter.

4. Approve the Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed otherwise the Chief Executive Officer be authorised to sign any documentation necessary to give effect to this resolution.

SA20.161 Update - Rent Relief - Occupiers of Council Owned or Management Properties

HPERM Ref: D20/353797

RECOMMENDATION

That Council continue the rent-free period for an additional 2 months and receive a report back to the October Ordinary Council meeting.

SA20.162 Notification to Minister for Lands & Forestry of Appointment of Native Title Managers

HPERM Ref: D20/369074

RECOMMENDATION

That Council:

1. Confirm the following staff as Shoalhaven City Council’s Native Title Managers:

a. Property Services Manager – Trevor Cronk (current)

b. Property Officer – Michelle Deudney (backup); and

c. Property Officer – Amanda Walker (backup)

2. Advise the Minister for Lands and Forestry as required by Section 8.8 Crown Lands Management Act 2016.

SA20.163 Transport for NSW Compulsory Acquisition - Princes Highway Burrill Lake

HPERM Ref: D20/369730

RECOMMENDATION

That Council:

1. Agree to the Compulsory Acquisition by Transport for NSW of approximately 889.6m² of road reserve as shown in yellow on Attachment 1 (D20/370291) for nil compensation in accordance with Section 206 of the Roads Act 1993;

2. Authorise the Chief Executive Officer to sign any documentation required to give effect to this resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed

SA20.166 NSW Boating Now Funding Offers – Round 3

HPERM Ref: D20/345671

RECOMMENDATION

That Council:

1. Accept the grant offers totalling $1,462,212 from the NSW Boating Now - Round 3 funding Program for the following projects:

Project	Grant offer
Woollamia Regional Boat Ramp - improvements to facilitate use by large vessel/trailers at low tides	$86,250
Callala Bay - boat launching ramp improvements	$270,750
Myola - new two-lane ramp and pontoon	$296,250
Lake Conjola - Haviland Street – new boat launching ramp facility	$361,000
Woollamia – Additional pontoons	$330,262
Ulladulla Harbour - Visiting berths	$87,700
Crookhaven Heads – Investigation and design	$30,000
*Total*	$1,462,212

2. Endorse the funding strategy outlined in the report to provide for Council’s contribution to the projects over the 2020/21 and 2021/22 financial years, being:

a. $628,750 from budget allocations towards Council’s matching contribution for 2020/21 ($308,750 of Council contributions was already allocated in 2020/21 budget and an additional $320,000 will be allocated from the general fund that will be freed up due to unsuccessful grant application and rephasing other Better Boating projects).

b. $309,088 proposed in the 2021/22 budget for Council’s matching contribution.

c. $50,000 be considered in the 2021/22 budget for investigation, design, and community consultation to upgrade the boat launching ramp facility at Wharf Road Shoalhaven Heads to enable a “shovel ready” project in anticipation of Round 4 funding in 2022.

3. Engage with the Woollamia Marine Facilities Advisory Group in the community consultation to progress the improvements to the Woollamia Regional Boat Launching Ramp.

SA20.171 Shoalhaven Family Day Care - Fees and Charges

HPERM Ref: D20/329461

RECOMMENDATION

That:

1. Council support the following changes to Shoalhaven Family Day Care fees and charges:

· Educator Fee parameters $8-$20 per hour

· Educator Levy of $0.30 per hour

· Educator Registration fee of $50 per year

· Educator Training Fee of $400 one-off

· Family enrolment fee $25 1^st child, $20 2^nd child, $15 3^rd child, 4^th child free

· Parent Administration levy $1.35 per child per hour

2. Council exhibit the proposed changes to fees and charges for 28 days and report back to Council on the outcome following the public exhibition period.

3. Any new fees and charges that are adopted will come into effect from 1 January 2021, noting the current Government imposed fee freeze for childcare services which is currently imposed up to 27 September 2020.

SA20.179 Acquisition of Easement - Sewer Purposes - Daley Cres North Nowra

HPERM Ref: D20/372429

RECOMMENDATION

That:

1. Council acquire an Easement for sewerage purposes 3 metres wide over part of Lot 17 DP 22131, No. 20 Daley Crescent North Nowra shown highlighted on attached copy of DP 644296.

2. Council pay compensation of $12,000, plus GST if applicable and reasonable legal costs associated with the acquisition to the owner in accordance with the provision of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer Fund.

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

Ordinary Meeting – Tuesday 22 September 2020

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CL20.204 Determination of Core Committees

HPERM Ref: D20/370855

Section: Human Resources, Governance & Risk

Approver: Stephen Dunshea, Chief Executive Officer

Reason for Report

In accordance with Section 355 of the Local Government Act, 1993, a Council may appoint or elect such committees as it considers necessary. Council must specify the functions or delegation, membership and quorum of each Committee.

Recommendation

That

1. Pursuant to Section 355(b) of the Local Government Act 1993, Council establish the ‘Core’ Council Committees as:

a. Strategy and Assets Committee

b. Development and Environment Committee

2. The membership and quorums be set as follows:

a. Strategy and Assets Committee

· Membership

Mayor

All Councillors

CEO (or nominee)

· Chairperson has casting vote

· Quorum: Five (5)

b. Development and Environment Committee

· Membership

Mayor

All Councillors

CEO (or nominee)

· Chairperson has casting vote

· Quorum: Five (5)

3. That a Chairperson and Deputy Chairperson be appointed for each of the Core Committees:

a. Strategy and Assets Committee

i. Chairperson

ii. Deputy Chairperson

b. Development and Environment Committee

i. Chairperson

ii. Deputy Chairperson

4. The Delegations of the Strategy and Assets Committee be as follows:

Strategy and Assets Committee

THAT pursuant to s377(1) of the Local Government Act 1993 (LG Act) the Committee is delegated the functions conferred on Council by the LG Act any other Act or delegated to Council, as are specified in the Schedule, subject to the following limitations:

i. The Committee cannot exercise any function delegated to the Council which by the terms of that delegation cannot be sub-delegated;

ii. The Committee cannot exercise any function which s377(1) of the LG Act provides cannot be delegated by Council;

iii. The Committee cannot exercise a function which is expressly required by the LG Act or any other Act to be exercised by resolution of the Council; and

iv. The Committee cannot exercise any function which is a function of the General Manager under s335 of the LG Act.

SCHEDULE

a. Make recommendations to Council and consider, formulate, review and adopt policies in relation to Council’s corporate & community planning under Part 2 of Chapter 13 of the LG Act, asset management and in connection with the other functions listed in this Schedule and in particular to make recommendations to Council in respect of the content of Council’s community strategic plan, delivery program, operational plan, and resourcing strategy within the meaning of Part 2 of Chapter 13 of the LG Act;

b. Make recommendations to Council and consider, formulate, review and adopt Council policies, plans and strategies other than those in respect of town planning and environmental matters, and any other matter referred to the Committee by the Chief Executive Officer;

c. Make recommendations in respect of the introduction of new fees or charges or the alteration of existing fees and charges for inclusion in the Council’s next operational plan within the meaning of s405 of the LG Act;

d. Monitor, review and consider matters relating to the operations and strategic direction of Council’s Holiday Haven Tourist Parks Group;

e. All functions in respect of the management of, and facilities provided on Crown Land in respect of which Council is the ‘Crown Land Manager’ under Division 3.4 of the Crown Lands Management Act 2016 and the making of recommendations to Council regarding such matters where the function is not dealt with under the delegations to the Chief Executive Officer or cannot be delegated by Council;

f. Provision of corporate direction to Shoalhaven Water in respect of powers delegated to it by Council regarding the construction, alteration or maintenance of water and sewerage works, effluent works and pump out removal;

g. Authorise the expenditure of funds raised under s64 of the LG Act within the limits outlined in, and in accordance with Council’s adopted Development Servicing Plan and other relevant adopted Council policies;

h. Make recommendations to Council in respect of fees and charges for water and wastewater services provided by Council;

i. Develop, implement, review and adopt strategic policies for water, sewerage and effluent operations of Council;

j. Undertake preliminary investigations (feasibility, cost benefit, risk analysis, etc.) into development opportunities for Council’s strategic land holdings and make recommendations to Council;

k. Review and make recommendations to Council in relation to:

i. The sale prices of land in connection with residential and industrial Council subdivisions;

ii. The sale of Council property or the purchase or resumption of land;

iii. The compensation to be offered in respect of land resumed by Council; and

iv. Properties leased/rented by Council, or properties leased/rented from Council other than those delegated to the Chief Executive Officer for approval and execution in accordance with MIN14.912 and MIN15.237 of the Council.

Note: MIN14.912 delegates authority to the Chief Executive Officer to approve and execute leases and licences that are for a maximum term of 5 years; and are in accordance with current policies and relevant legislation; and have an annual rental of $5,000 or less; and have not been objected to as a result of the public exhibition process (Community Land).

In addition, MIN14.912 delegates authority to the Chief Executive Officer to approve and execute telecommunications licences where the agreement relates to an existing telecommunication site.

Note: MIN15.237 delegates authority to the Chief Executive Officer to approve and finalise all lease negotiations in relation to the properties now managed by Integrity Real Estate … and to sign any documents necessary to give effect to this resolution.

l. To determine and accept all tenders with a value of $1 Million or more with the following exceptions (MIN17.334):

i. Those tenders required by law to be determined by full Council (MIN17.334),

ii. Those tenders where the recommendation is to not accept any tender (which will be reported directly to Ordinary) (GD19.164).

5. The Delegations of the Development and Environment Committee be as follows:

Development and Environment Committee

THAT pursuant to s377(1) of the Local Government Act 1993 (LG Act) the Committee is delegated the functions conferred on Council by the Environmental Planning & Assessment Act 1979 (EPA Act), LG Act or any other Act or delegated to Council, as are specified in the attached Schedule, subject to the following limitations:

i. The Committee cannot make a decision to make a local environmental plan to classify or reclassify public land under Division 1 of Part 2 of Chapter 6 of the LG Act;

ii. The Committee cannot review a section 8.11 or section 8.9 EPA Act determination made by the Council or by the Committee itself;

iii. The Committee cannot exercise any function delegated to the Council which by the terms of that delegation cannot be sub-delegated;

iv. The Committee cannot exercise any function which s377(1) of the LG Act provides cannot be delegated by Council; and

v. The Committee cannot exercise a function which is expressly required by the LG Act or any other Act to be exercised by resolution of the Council.

SCHEDULE

a. All functions relating to the preparation, making, and review of local environmental plans (LEPs) and development control plans (DCPs) under Part 3 of the EPA Act.

b. All functions relating to the preparation, making, and review of contributions plans and the preparation, entry into, and review of voluntary planning agreements under Part 7 of the EPA Act.

c. The preparation, adoption, and review of policies and strategies of the Council in respect of town planning and environmental matters and the variation of such policies.

d. Determination of variations to development standards related to development applications under the EPA Act where the development application involves a development which seeks to vary a development standard by more than 10% and the application is accompanied by a request to vary the development standard under clause 4.6 of Shoalhaven Local Environmental Plan 2014 or an objection to the application of the development standard under State Environmental Planning Policy No. 1 – Development Standards.

e. Determination of variations from the acceptable solutions and/or other numerical standards contained within the DCP or a Council Policy that the Chief Executive Officer requires to be determined by the Committee

f. Determination of development applications that Council requires to be determined by the Committee on a case by case basis.

g. Review of determinations of development applications under sections 8.11 and 8.9 of the EP&A Act that the Chief Executive Officer requires to be determined by the Committee.

h. Preparation, review, and adoption of policies and guidelines in respect of the determination of development applications by other delegates of the Council.

i. The preparation, adoption and review of policies and strategies of the Council in respect to sustainability matters related to climate change, biodiversity, waste, water, energy, transport, and sustainable purchasing.

j. The preparation, adoption and review of policies and strategies of the Council in respect to management of natural resources / assets, floodplain, estuary and coastal management.

Options

1. Establish the proposed Core Council Committees including the functions, delegation, membership and quorum.

Implications: No change of procedure, delegation or meeting practice is required.

2. Establish the proposed Core Council Committees with changes in functions, delegation, membership or quorum.

Implications: Should Council wish to change the functions of committees, changes to procedures and the Code of Meeting Practice may be required. Should amended delegations be proposed for a Committee, it may be prudent to obtain legal advice on the impact of those changes to ensure decisions are legally valid.

3. Establish different Core Council Committees with changes in functions, delegation, membership or quorum.

Implications: Changes to procedures and the Code of Meeting Practice may be required, and, it would be prudent to obtain legal advice on the proposed delegations of the Core Committee to ensure decisions are legally valid.

4. Disestablish the Core Committees and revert to two Council meetings per month.

Implications: Replacing three meetings (two Committee/one Council) with two meetings per month may result in longer Council meetings. Consideration would have to be given to the options of starting earlier; considering deputations at a different time slot or applying stricter time controls; deleting the anthem and/or prayer. Efficiencies could arise by having Council consider matters only once rather than becoming a recommendation from a Committee. Committees however can be less formal and engender more discussion.

Background

Council must specify the function, purpose and delegation of each of its Committees when such a Committee is appointed or elected but may amend those functions or purpose and delegation from time to time.

Such a Committee is to consist of The Mayor, and such other Councillors as are elected by the Councillors or appointed by Council.

The Chairperson of each Committee (i.e. a Committee consisting of only Councillors) of Council must be:

a) The Mayor; or

b) If the Mayor does not wish to be the Chairperson of the Committee – a member of the Committee elected by the Council; or

c) If the Council does not elect such a member – a member of the committee elected by the Committee.

A Council may elect a member of a Committee of the Council as Deputy Chairperson of the Committee. If the Council does not elect a Deputy Chairperson of such a Committee, the Committee may elect a Deputy Chairperson.

If neither the Chairperson nor the Deputy Chairperson of a Committee of a Council is able or willing to preside at a meeting of the Committee, the Committee must elect a member of the Committee to be the Acting Chairperson of the Committee.

The Chairperson is to preside at a meeting of a Committee of a Council. If the Chairperson is unable or unwilling to preside, the Deputy Chairperson (if any) is to preside at the meeting, but if neither the Chairperson nor the Deputy Chairperson is able or willing to preside, the Acting Chairperson is to preside at the meeting.

The quorum for a meeting of such a Committee is to be:

a) Such number of members as the Council decides; or

b) If the Council has not decided a number – a majority of the members of the Committee.

These delegations have been reviewed with the 2020 Organisational Structure in mind, and no changes have been identified as required arising from the restructure.

Community Engagement

No community engagement has occurred in relation to the proposed Core Committees.

Ordinary Meeting – Tuesday 22 September 2020

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CL20.206 Community Consultation & Committee System

HPERM Ref: D20/370934

Section: Human Resources, Governance & Risk

Approver: Stephen Dunshea, Chief Executive Officer

Attachments: 1. Committee list (under separate cover) ⇨

Reason for Report

To determine the Councillor membership, confirm or disband the purpose/objective, delegated authority and quorum of Council’s Committees.

Recommendation

That Council continue the operation of the following committees, boards & reference groups pursuant to Section 355 – Local Government Act and pursuant to Section 377 with purpose, delegation and sitting fee (if applicable), membership and quorum as outlined in the attachment to the report

1. Audit, Risk and Improvement Committee (39763E) and authorise the Committee to carry out the roles and responsibilities in accordance with the Audit Committee guidelines published by the Office of Local Government and Council’s Audit, Risk & Improvement Committee charter.

2. Regional Development Committee (39964E)

3. Senior Staff Contractual Matters Committee (5001E).

4. North Floodplain Risk Management Committee (59952E)

5. Central Floodplain Risk Management Committee (59951E)

6. Southern Floodplain Risk Management Committee (59950E)

7. North Coastal Management Program Advisory Committee (64354E)

8. Central Coastal Management Program Advisory Committee (64355E)

9. Southern Coastal Management Program Advisory Committee (64356E)

10. Aboriginal Advisory Committee (1209E)

11. Business and Employment Development Committee (38821E)

12. Inclusion and Access Advisory Group (1228E)

13. Infringement Review Panel (59312E)

14. Natural Area Volunteers Group (42643E)

15. Nowra CBD Revitalisation Strategy Committee (50242E)

16. Rural Fire Service Strategic Planning Committee (1227E)

17. Shoalhaven Arts Board (2123E)

18. Shoalhaven City Mayor’s Relief Fund (3926E)

19. Shoalhaven Entertainment Centre Councillor Reference Group (61867E)

20. Shoalhaven Heads Estuary Taskforce (45866E) – with an addition of a sunset clause disbanding the Taskforce after the Coastal Management Program is adopted by Council.

21. Shoalhaven Tourism Advisory Group (1490E)

22. Strategic Planning Working Party

23. Urgent Grant Submissions Committee (65067E) – expiring at the end of the current council term

24. Youth Advisory Committee (1506E)

25. That the Shoalhaven Coast and Estuary Management Committee (60680E) be disbanded

26. That Shoalhaven Sports Board (12623E) be disbanded and all members be invited and encouraged to continue their valued contribution as members of the Sports Grants Program (Capital Works) Assessment Panel

Options

1. That Council adopt the Committees with their purpose, terms of reference, delegations, membership and meeting frequency, as outlined in the attachment, and disband the Shoalhaven Coast and Estuary Management Committee and the Shoalhaven Sports Board.

Implications: This will continue current resourcing allocations and community membership.

2. That the proposed list of committees be altered, and/or those purpose, terms of reference, delegations, membership and meeting frequency, be amended.

Implications: Dependent upon the extent of the amendments, resources for the administration and support of Committees and other resource allocations may be impacted.

Background

At the commencement of each term, the Council establishes its system of community consolation in terms of the system of advisory and other committees to inform the Council. These Committees are reviewed each year, usually in September, and other amendments are proposed to the Council throughout the term, when identified or required.

Outlined in the attachment is the Committee system of the Council as at the end of the 2019-2020 term for consideration of the Council for the ensuing 12 month period, including the recommendation to disband the Shoalhaven Coast and Estuary Management Committee and reconsider the Terms of Reference of the Shoalhaven Sports Board.

The Shoalhaven Coast and Estuary Management Committee has fulfilled its purpose with the adoption of the citywide Coastal Management Program Scoping Study (MIN20.436) and therefore it is recommended that it be disbanded.

It has been identified that there are opportunities to broaden participation in local sport by provision of programs of education, health, wellness, active recreation, volunteering, club governance, and wider strategic communication with all sporting groups. To achieve these opportunities it is proposed that Council move away from the formal structure of the Shoalhaven Sports Board, and that the current meetings of the Sports Board will be replaced with a program of workshops each year in addition to the two (2) which are currently held with sports groups and associations. The longstanding support and participation of community members of the Board continues to be valued and for this reason it is recommended that members be requested to continue to support local sports as members of the Sports Grants Program (Capital Works) Assessment Panel.

Also included in the list of committees are the newly formed Urgent Grant Submissions Committee (refer MIN20.347) and Strategic Planning Working Party (refer MIN20.580).

The Urgent Grant Submissions Committee was formed in response to MIN20.347. It is recommended to include a clause in the purpose stating that the committee will expire at the end of the current Council Term.

The Strategic Planning Working Party stems from the Working Party established at the Ordinary Meeting 25 August 2020 for the Milton-Ulladulla Settlement Strategy. It is proposed to broaden the focus of the Working Party to incorporate all projects included in the approved Strategic Planning work program, with the initial focus being the Milton-Ulladulla Settlement Strategy.

Please note that the Homelessness Taskforce Shoalhaven (55584E) was disbanded at the Ordinary Meeting 25 August 2020 (MIN20.590) with a Forum to be held annually to discuss homelessness in the Shoalhaven.

Ordinary Meeting – Tuesday 22 September 2020

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CL20.207 Council Representatives on Other Committees or Organisations Outside of Council

HPERM Ref: D20/370963

Section: Human Resources, Governance & Risk

Approver: Stephen Dunshea, Chief Executive Officer

Reason for Report

To confirm the list of Council representatives on Other Committees or Organisations Outside of Council.

Recommendation

That Council resolve the representative membership of Councillors and other delegates on other Committees or Organisations Outside of Council for the period to 30 September 2021.

Options

1. Council confirm membership as per the recommendation.

2. Council change the membership of Councillors and other delegates on other Committees or Organisations Outside of Council.

Background

Details of the other committees or organisations in which Council has an interest, along with their respective purpose and current membership, are listed below.

Australian Coastal Councils Association – 33451E
Purpose: To advocate of behalf of coastal councils. It also commissions research on behalf of councils in coastal areas in relation to a range of coastal issues. Note: The Committee of Management is a separate entity and nominations are called every two years. The representative(s) nominated below perform a liaison role only. The Association has confirmed that Council would be able to nominate a Councillor &/or a staff member.
2019-2020 Council Members	2020-2021 Council Members
Clr Kitchener	Clr

Cemeteries and Crematoria Association of NSW – 33451E
2019-2020 Council Members	2020-2021 Council Members
Pamela Green (Unit Manager - Bereavement Services)	Pamela Green (Unit Manager - Bereavement Services)

Healthy Cities Illawarra Management Committee – 4043E
Purpose: Healthy Cities Illawarra is a community based, non-profit organisation that is part of a worldwide movement initiated by the World Health Organisation, committed to improvement of health, environment and the quality of life within the Illawarra community.
2019-2020 Council Members	2020-2021 Council Members
Clr Alldrick CEO (or nominee) Clr Kitchener – Alternative representative	Clr Clr or CEO (or nominee) – Alternative representative

Illawarra Academy of Sports – 2388E
Purpose: To develop outstanding young community citizens who utilise their sporting talents and role model status in a positive manner within the Illawarra Region.
2019-2020 Council Members	2020-2021 Council Members
Mayor Appointed Representative – Clr Wells (now also Chair of IAS)	Mayor Appointed Representative – Clr Wells (now also Chair of IAS)

Illawarra Shoalhaven Joint Organisation – 2172E
The functions of the ISJO are: Core Functions: · regional strategic planning, including high level planning across the quadruple bottom line · inter-governmental collaboration, working closely with the NSW Government as well as the Australian Government and other councils and JOs · regional leadership and advocacy, as the preeminent regional voice for councils and communities Optional Functions: · enhancing regional strategic capacity, to support member councils to deliver services to their communities · regional service delivery, to provide services directly to communities within the region. The Illawarra Shoalhaven Joint Organisation is comprised of representatives from Shellharbour; Kiama; Wollongong & Shoalhaven Councils.
2019-2020 Council Members	2020-2021 Council Members
Clr Findley – Mayor Clr Wells Clr Kitchener (alternate delegate)	Clr Findley - Mayor Clr Clr (alternate delegate)

f) Note: The membership of this Committee consists of one representative from each sector. Clr Findley and Clr Pakes have recently been appointed for a 4-year term. Clr Findley has also been recently appointed as Chairperson for this committee, the Chair role being appointed to Clr Findley as an individual member which does not transfer to any representative nominated by SSC.

Jervis Bay Marine Park Advisory Authority Committee – 1462E
Purpose: Advise the Ministers and the Marine Parks Authority (NSW) on the management of the Park and: · The conservation of the marine biological diversity within the Marine Park · The ecologically sustainable use of the Marine Park · The public use and enjoyment of the Marine Park
2019-2020 Council Members	2020-2021 Council Members
Clr Findley Clr Pakes (alternative representative) Clr White (on behalf of ISJO)	Clr Findley Clr (alternative representative) Clr (on behalf of ISJO)

g) Note: The council appointed members can either be councillors, community members or a combination of both.

Joint Regional Planning Panel – 39782E
Meetings per year: As required
Purpose: To determine regionally significant development applications
2019-2020 Council Members	2020-2021 Council Members
Clr Watson Clr White
2019-2020 Alternate Members	2020-2021 Community Members
Clr Alldrick Clr Kitchener Ernie Royston – Community Member
Sitting Fees - A sitting fee of $400.00 per meeting is paid to the Council and Community Representatives

h) Note: The Mayor & General Manager are members under the constitution. Council may wish to appoint an alternate delegate.

NSW Country Mayors Association – 14214E
Purpose: The NSW Country Mayors Association is a group that comprises Mayors and General Managers, or their representatives, from country areas of NSW under its constitution. Note: The Mayor & General Manager are members under the constitution. Council may wish to appoint an alternate delegate
2019-2020 Council Members	2020-2021 Council Members
Clr Findley – Mayor Clr White – Deputy Mayor (alternate delegate) Stephen Dunshea - CEO	Clr Findley Clr (alternate delegate) Stephen Dunshea – CEO

NSW Public Libraries Association – 14214E
Purpose: The New South Wales Public Libraries Association (NSWPLA) is the peak body for public libraries in New South Wales. The organisation advocates for the public library cause, provides relevant information to stakeholders, fosters cooperation and collaboration, and strengthens the public library network.
2019-2020 Council Members	2020-2021 Council Members
Clr Findley Library Services Manager	Clr Library Services Manager

Rural Fire Service Shoalhaven District Liaison Committee – 2122E
Purpose: The Liaison Committee will: a. monitor and periodically review the performance of this Rural Fire District Service Agreement by the Council and the RFS; b. review the following documents prepared by the District Manager prior to submission to and consideration by the Council: i. the annual budget and business plan; and ii. the quarterly financial and performance reports
2019-2020 Council Members	2020-2021 Council Members
Clr Pakes Clr Kitchener CEO (or nominee)	Clr Clr CEO (or nominee)

Shoalhaven Bush Fire Management Committee – 2820E
Purpose: Under the Rural Fires Regulation 2002 – Part 3, At the request of the Bush Fire Co-ordinating Committee: · Assist the Bush Fire Co-ordinating Committee in the performance of its functions under Section 48 of the Act; · Assist the Bush Fire Co-ordinating Committee in the performance of its functions under Sections 60(2) and 63(4) of the Act; · Draw to the attention of the following in regard to any matter it considers relevant to the protection of land, life, property or the environment in that area from the impact of bush fires: § The Bush fire Co-ordinating Committee; or § A public authority exercising its functions in the Bush Fire Management Committee’s area. Note: The Committee has no power to conduct or take part in firefighting or fire prevention operations authorised by the Act, this regulation or any other Act or statutory instrument.
2019-2020 Council Members	2020-2021 Council Members
Clr Pakes Clr Kitchener CEO (or nominee) as an observer	Clr Clr (Alternate) CEO (or nominee) as an observer

Shoalhaven Traffic Committee – 1491E
Purpose: The Traffic Authority has delegated certain powers to Councils in respect of the provision of Traffic control facilities and traffic management measures on public streets. The exercise of such powers is conditional upon the Council forming a Local Traffic Committee and seeking its advice /approval before as traffic facility/traffic management measure is implemented or removed. NOTE- the Local Traffic Committee is not a Committee appointed by Council under the Local Government Act but a Committee to be formed by Council in the exercise of its delegated powers. Councillor members are considered informal members who may contribute to discussion but may not vote.
2019-2020 Council Members	2020-2021 Council Members
Informal – Clr Pakes Informal – Clr White Informal – Clr Gash CONVENOR/CHAIRPERSON - Assets Manager	Informal – Clr Informal – Clr Informal – Clr CONVENOR/CHAIRPERSON - As appointed by the Director City Services

South Coast Co-operative Library Services – 3934E
Purpose: To provide control and manage libraries or library services within the areas of the Member Councils upon the terms and subject to the conditions specified in the agreement Note: The member Councils are Shoalhaven City Council and Kiama Municipal Council. In accordance with the South Coast Cooperative Libraries Agreement the committee must meet at least once a year (for an AGM) and the membership must consist of a Councillor, Director responsible for Library Services and a Library Manager from each participating Council.
2019-2020 Council Members	2020-2021 Council Members (suggested)
Clr White CEO or nominee Director Finance Corporate & Community Services Library Services Manager	Clr Director City Lifestyles Library Services Manager

South Coast Correctional Centre Community Consultative Committee – 4043E
Purpose: · To assist in the development and maintenance of a positive relationship with the local community · To provide a forum for local community consultation and comment on correctional programs and procedures · To facilitate the involvement of the local community in correctional centres programs · To provide a mechanism to identify appropriate programs in which the correctional centre can participate and assist in the local community · To assist in the establishment of worthwhile community partnerships
2019-2020 Council Members	2020-2021 Council Members
Clr Gash Clr Watson Mr Paul Keech - Director Assets & Works	Clr Clr Mr Paul Keech - Director City Services

South East Australian Transport Strategy Inc – 3678E
Purpose: To improve the transport network to enhance economic development within the region. Note: Council is entitled to one voting delegate but may also nominate alternative delegates (Councillors &/or staff).
2019-2020 Council Members	2020-2021 Council Members
Clr White Clr Kitchener Mr Greg Pullen – Economic Development Manager (Alternate)	Clr Clr

South East Regional Weeds Committee – 52451E
Purpose: The purpose of the RWC is to provide ‘tenure neutral’ strategic planning and coordination of weed management activities at the regional level. These activities play an integral part in an overall state weed management framework. The RWC is a local community advisory group under the provisions of Section 33 of the Local Land Services Act 2013. The RWC is established to: · support implementation of the weeds components and underlining principles of the NSW Biosecurity Strategy, NSW Biosecurity Act and the NSW Invasive Species Plan 2015-2022; · provide advice to the Board regarding delivery weed functions for the Local Land Services (LLS) consistent with the Local Strategic Plan; · to develop innovative and effective regional weed management strategic plans that consider risks, include all land tenure, and major stakeholders in the landscape; and · provide a forum for the community and stakeholders in decision making, and develop communication education and awareness programs based on local and/or regional priority weeds and issues.
2019-2020 Council Members	2020-2021 Council Members
Phil Hansen (Acting Unit Manager Conservation and Land Management)	Phil Hansen (Acting Unit Manager Conservation and Land Management)

Southern Water Services Pty Ltd – 4043E
Purpose: To operate in a commercial way under the Companies Act on a similar basis to any other trading Company. Note: Southern Water Services is a Council owned company formed in 1998 with permission from the Minister of the day. Its constitution states that the Company was formed to “undertake the provision of water, sewerage and related services”. It currently has no relationship with Shoalhaven Water operations or staff.
2019-2020 Council Members	2020-2021 Council Members
Clr Watson Clr Pakes Clr Wells Clr White Clr Gash Ms Vanessa Phelan – Secretary	Clr

Ulladulla Harbour User Group – 4043E
Purpose: To assist Crown Lands to resolve operational matters and identify emerging issues in relation to operation and maintenance of coastal infrastructure including Ulladulla Harbour.
2019-2020 Council Members	2020-2021 Council Members
Michael Strachan – Project Manager	Michael Strachan – Project Manager

Ordinary Meeting – Tuesday 22 September 2020

Page 1

CL20.208 Investment Report - August 2020

HPERM Ref: D20/410767

Section: Finance

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Monthly Investment Report - Shoalhaven City Council - August 2020 (under separate cover) ⇨

Reason for Report

In accordance with section 625 of the Local Government Act 1993 and Clause 212 of the Local Government (General) Regulation, a written report is provided to Council setting out the details of all money it has invested.

Recommendation

That

1. The report of the Chief Executive Officer (City Performance) on the Record of Investments for the period to 31 August 2020 be received for information.

2. Council note Council’s investment portfolio returned 1.52% for the month of August 2020, exceeding the benchmark AusBond Bank Bill Index (0.11% pa) by 141 basis points (1.41%).

Options

1. The report on the Record of Investments for the period to 31 August 2020 be received for information

Implications: Nil

2. Further information regarding the Record of Investments for the period to 31 August 2020 be requested

Implications: Nil

3. The report of the Record of Investments for the period to 31 August 2020 be received for information, with any changes requested for the Record of Investments to be reflected in the report for the period to 30 September 2020

Implications: Nil

Background

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

All investments are within the current Minister’s Order. Investments are diversified across the eligible fixed interest universe and well spread across maturities. Available capacity exists in all terms, with medium term particularly relevant to new issues.

Portfolio Return

Council’s investment portfolio returned 1.52% for the month of August 2020, exceeding the benchmark AusBond Bank Bill Index (0.11% pa) by 141 basis points (1.41%).

Council’s relative outperformance expanded through the falling rate cycle mainly due to longer dated deposits with yields above 2% which is far above any available deposit. The outperformance of Council’s portfolio will gradually decline as long-term investments mature and are replaced with low-interest deposits.

The following graph shows the performance of Council’s investment portfolio against the benchmark on a rolling twelve (12) months basis. As can be seen, performance has consistently exceeded the benchmark due to the mix of Council’s investment portfolio.

Interest Earned – August 2020

The following table shows the interest earned for the month of August 2020. The interest earned for the month of August was $230,227, which was $54,888 below the current budget.

Fund	Original Monthly Budget	Actual Earned	Difference
General	$198,825	$119,038	($79,786)
Water	$64,208	$71,634	$7,426
Sewer	$22,082	$39,555	$17,473
Total	$285,115	$230,227	($54,888)

Interest Earned - Year to Date

Return on the Council investment portfolio was negatively impacted by the catastrophic bushfires followed by floods and the COVID-19 pandemic. Closure of Council community facilities and postponing annual rates notices resulted in a significant decrease in cash inflow in July. In addition, rapid deterioration of interest rates across all types of investments due to natural disasters and pandemic resulted in lower than budgeted return on investments.

The impact of these events on interest revenue continues to be monitored with necessary variations to be reported in future quarterly budget reviews.

The following table shows how the interest earned year to date actual dollars against the total budget forecast dollars is performing with 17% of the year passed – the interest earned to the month of August was $466,222, 13.89% of the current full year budget. It is important to note that the interest income is behind the budget in the first two months of the financial year due to low cash balance. Cash balance increased significantly at the end of August and the investment income is expected to catch-up in future months.

Fund	Original Total Annual Budget	Actual YTD	% Achieved
General	$2,341,000	$249,110	10.64%
Water	$756,000	$138,082	18.26%
Sewer	$260,000	$79,030	30.40%
Total	$3,357,000	$466,222	13.89%

The graphs below illustrate the cumulative interest earned for the year for each fund against budget.

RECORD OF INVESTMENTS
Cash and Investment Balances

	August 2020	July 2020

Cash And Investments Held
Cash at Bank - Transactional Account	$20,016,390	$12,570,446
Cash at Bank - Trust Fund	$0	$0
Cash on Hand	$29,140	$33,590
Other Cash and Investments	$166,922,153	$162,916,531
	$186,967,683	$175,520,567

Fair Value Adjustment	$536,927	$546,044
Bank Reconciliation	$216,040	-$85,803
	$752,967	$460,241

Book Value of Cash and Investments	$187,720,650	$175,980,808

Less Cash & Investments Held In Relation To Restricted Assets
Employee Leave Entitlements	$7,923,913	$8,119,913
Land Decontamination	$389,920	$760,825
Critical Asset Compliance	$1,445,359	$1,711,660
North Nowra Link Road	$28,273	$19,635
Other Internal Reserves	$7,579,586	$7,667,574
Section 7.11 Matching Funds	$311,169	$311,169
Strategic Projects General	$914,755	$1,476,547
Industrial Land Development Reserve	$6,515,993	$5,784,306
Plant Replacement	$2,945,740	$2,787,926
S7.11 Recoupment	$23,559,522	$24,172,421
Commitment To Capital Works	$2,229,419	$247,950
Property Reserve	$1,259,220	$1,562,721
Total Internally Restricted	$55,102,870	$54,622,647

Loans - General Fund	$3,547,615	$3,728,275
Self Insurance Liability	$1,631,897	$1,754,218
Grant reserve	$4,561,664	$6,486,254
Section 7.11	$13,461,539	$12,795,168
Storm Water Levy	$641,028	$924,179
Trust - Mayors Relief Fund	$183,005	$203,686
Trust - General Trust	$2,847,105	$2,876,027
Waste Disposal	$7,865,357	$3,366,819
Sewer Fund	$27,927,540	$28,164,465
Sewer Plant Fund	$2,983,214	$2,035,517
Section 64 Water	$18,700,766	$19,447,713
Water Fund	$29,677,895	$30,468,052
Water Communication Towers	$2,514,815	$2,315,509
Water Plant Fund	$3,668,713	$2,460,821
Total Externally Restricted	$120,212,152	$117,026,705

Total Restricted	$175,315,022	$171,649,351

Unrestricted Cash And Investments
General Fund	$12,405,628	$4,331,457

Restricted Asset Movements

The table below lists the major movements in Restricted Assets:

Total Cash	$11,739,842	Rates revenue on receipt of annual notices, insurance payment received.
Commitment to Capital Works	$1,981,469	Revised opening balance following final year end calculation of reserve balances.
Grant Reserve	-$1,924,590	Expenditure on projects and a recalculation of opening of Grant Funds following year end reconciliations.
Waste Disposal	$4,498,538	Rates instalment received during August and year-end adjustments to the waste reserve.
Unrestricted Cash	$8,074,171	Rates revenue on receipt of annual notices.

Due to the processing of the COVID-19 financial assistance subsidy applications, the rates notices were sent out at the end of July and received in early August by the ratepayers. This has increased the cash received in August as some ratepayers pay their notice in full when it’s received.

COVID-19 Impact

Finance are monitoring cash flows as the effects of the COVID 19 pandemic are felt in the community.

Despite the negative impact of COVID-19, Council continues to maintain a sufficient level of working capital and management closely monitors cash position of the Council.

Financial Implications

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

Statement by 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 POL19/72.

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Description automatically generated

Olena Tulubinska Date: 15 September 2020

Responsible Accounting Officer

Ordinary Meeting – Tuesday 22 September 2020

Page 1

CL20.209 Shoalhaven Local Strategic Planning Statement - Finalisation

HPERM Ref: D20/382592

Section: Strategic Planning

Approver: Robert Domm, Director - City Futures

Attachments: 1. Exhibition report (under separate cover) ⇨

2. Summary of recommended amendments to draft document (under separate cover) ⇨

3. Draft Local Strategic Planning Statement (under separate cover) ⇨

Reason for Report

Present the results of the July 2020 public exhibition of the draft Local Strategic Planning Statement (LSPS) for consideration and seek Council’s adoption of a final Statement.

The submissions received have been reviewed and a range of adjustments are proposed to address the feedback. The feedback and recommended changes are now presented to Council to enable the finalisation of a Statement

Note: this matter is reported direct to Council given the need as previously advised to Council, to finalise a Statement before the end of September 2020.

Recommendation

That Council:

1. Adopt the list of recommendations in Attachment 2 – Recommended amendments to the draft Local Strategic Planning Statement.

2. Finalise the Local Strategic Planning Statement, with the amendments as recommended, and publish it on Council’s website acknowledging that it is intended to be a flexible ‘living’ document that will continue to be worked on and refined.

3. Submit the final Local Strategic Planning Statement to the NSW Department of Planning, Industry and Environment for publication on the NSW Planning Portal.

4. Update the exhibition report with Council’s decision and notify submitters of the finalisation of the Local Strategic Planning Statement.

5. Continue to develop the Local Strategic Planning Statement, with the assistance of the proposed Council Strategic Planning Working Party, with a view to ensure an updated version is completed as early as possible following the September 2021 Council elections.

Options

1. As recommended.

Implications: Finalisation of the initial Statement will, amongst other things, help confirm the strategic work needed to respond to a range of land use planning matters in coming years. It also fulfills Council’s legislative requirement under the NSW Planning Legislation to prepare a Statement and provides a policy platform to support applications for grants and other funding opportunities.

2. An alternative recommendation that adds, amends or deletes relevant adjustments presented in Attachment 2 – Recommended amendments to the Draft Local Strategic Planning Statement.

Implications: This will depend on the nature and/or scale of any changes. If substantial changes are resolved, it could impact on the delivery timeframe and may not be received well by the NSW Government given that the Statement is overdue and an expectation it will now be finalised in September 2020. Delaying its finalisation will impact on Council’s application under NSW Public Spaces Legacy Program, under which Shoalhaven could receive $3 million, as there is a requirement for outstanding LSPS’s to be completed in September 2020.

3. An alternative resolution to not proceed to finalise the Statement or delay its current completion.

Implications: The delivery of the Statement is a requirement of the NSW planning legislation. The NSW Government has a range of mechanisms that could be used if this legislated requirement is not met. Not finalising a Statement would also jeopardise applications for grants and other funding opportunities where the criteria require an endorsed Statement.

Background

The NSW Government amended the planning legislation in 2018 to refocus land-use planning activities and community participation into ‘front-end’ strategic planning. The legislative changes included a new requirement for all NSW Councils to prepare and publish a new strategic land-use policy document for their area called a Local Strategic Planning Statement (LSPS).

These Statements need to set out a 20-year vision for land use in a Council area and outline how change will be managed. They also need to implement NSW Government’s plans, in this case the Illawarra-Shoalhaven Regional Plan 2015, and work with adopted Council Community Strategic Plans.

The Statements work by informing/guiding future changes to Council’s land-use planning documents, including the Local Environmental Plan, Development Control Plan, and Development Contributions Plan. Adopted Statements will be relevant to Planning Proposals (PPs) - future PPs will need to justify proposed changes and indicate whether they will give effect (or not) to the Statement.

The draft Shoalhaven LSPS, known as Shoalhaven 2040 (provided under separate cover), brings together and builds on Council’s existing strategic land-use planning work. The Statement is an aspirational document setting out options or strategies for Council to consider to help meet community needs over the next 20 years. The Statement can/will be continually updated, reviewed, or adjusted by Council as needed.

The document anticipates at this point how the City may change and suggests consideration or investigation of more detailed work required to manage growth, guide development, support the economy and deliver the infrastructure/services required by communities. Because it is intended to be a ‘living’ document it can be updated by Council as circumstances change or things that require a planning response emerge, are identified or are resolved.

The Statement:

· Establishes a broad land-use Vision for Shoalhaven to provide long-term direction,

· Summarises the City’s opportunities and challenges,

· Confirms Planning Priorities for economic, environmental and social matters,

· Sets Actions to be worked on and considered to deliver the Planning Priorities, and

· Outlines how the implementation of the Statement will be monitored.

The Statement, with its strategic land-use planning focus, sits alongside Council’s adopted Community Strategic Plan, which has a similar, but broader, purpose explaining how Council as a whole will plan to meet the communities’ needs. It also gives effect to the Illawarra-Shoalhaven Regional Plan by identifying options for consideration to implement relevant directions at a local level. It is not a statutory document that needs to be considered, for example, in the assessment of development application.

It is important to note that the current Statement that is being reported is a ‘starting point’, providing a record of current land use planning work and the aspirational or potential work required to plan for the next 20 years. It will continue to be refined and updated or amended with the assistance of the Strategic Planning Working Party that is also proposed to be established within Council.

It has a legislated seven-year timeframe but can be updated by the Council at any time as required or when new planning matters emerge and Actions are completed. Relevant in this regard are the 2021 Local Government Elections and also the publication of a new Regional Plan for the Illawarra-Shoalhaven during 2021.

As such it is intended that the current Statement being considered should be viewed as an initial ‘interim’ one, with work to refine and inform its content to continue with the Council so that a new Statement can be released as early as practical following the September 2021 Council elections.

The current draft Statement is based in the following five chapters:

1. Managing growth – providing the required number and type of homes in appropriate locations with supporting infrastructure.

2. Great places – identifying ways to revitalise Nowra City Centre and Ulladulla Town Centre, and protect and enhance the character of the smaller towns and villages.

3. Growing the economy – providing of more jobs close to home, strengthening commercial centres and supporting Shoalhaven’s diverse industries.

4. Protecting and adapting to the environment – continuing to protect the environment, adapt to natural hazards and sustainably manage resources.

5. Celebrating culture and heritage – managing and protecting important landscapes and heritage items/places and promoting community events and public art.

The current structure reflects the work undertaken with the Council to construct the current Strategic Planning Work Program. Together, the chapters contain sixteen (16) Planning Priorities for the land use planning matters expected to change or affect Shoalhaven (set out in the table below). Some Planning Priorities are supported with Policy Statements on key planning matters, for example, protection of important rural and industrial lands from inappropriate rezoning. The draft statement also identifies Council’s Current Work and the advocacy work or Collaboration Activity with other organisations.

Managing growth

Great places

Growing the economy

Protecting and adapting to the environment

Celebrating culture and heritage

Planning Priority 1

Providing homes to meet needs and lifestyles

Planning Priority 3

Protecting and enhancing neighbourhoods

Planning Priority 6

Providing jobs close to home.

Planning Priority 11

Protecting the environment

Planning Priority 14

Heritage items and places

Planning Priority 2

Delivering infrastructure

Planning Priority 4

Nowra CBD

Planning Priority 7

Strengthening commercial centres

Planning Priority 12

Adapting to natural hazards through building resilience

Planning Priority 15

Scenic and cultural landscapes

Planning Priority 5

Ulladulla Town Centre

Planning Priority 8

Promoting a responsible visitor economy

Planning Priority 13

Managing resources

Planning Priority 16

Promoting events and public art

Planning Priority 9

Supporting agriculture and aquaculture

Planning Priority 10

Industrial and defence related opportunities

The proposed Planning Priorities will be further considered, worked on or delivered through approximately forty (40) Actions, guiding potential land-use planning work over the short to medium term and potentially the next 7-years (to 2027). Some of the suggested actions include the preparation or further consideration of technical studies and strategies for specific planning matters and updates to Council’s planning documents. Work on these will be subject to resourcing and detailed direction from the Council. The draft Statement also sets out how implementation will be monitored.

It is proposed that a new Strategic Planning Working Party (SPWP) be established in Council as an advisory body, comprising all Councillors and relevant Council staff, to provide input and direction on major strategic planning projects, including the LSPS.

Public Exhibition & The Exhibition Report

Council endorsed the draft Statement’s public exhibition on 23 June 2020. The draft Statement was then publicly exhibited from 1 to 31 July 2020. The opportunity to provide feedback closed on 31 July 2020. Two hundred and sixty-three (263) submissions were received in response to the exhibition. Copies of the submissions received are available on the Councillor Portal.

The public exhibition provided an opportunity for the community and others to provide feedback and start to participate in the continued development of the Statement. Early community engagement would ideally have been undertaken during the first quarters of 2020 to help inform the draft Statement that was exhibited. However, because of the circumstances so far this year, this was not possible and as a result broader community engagement was limited to the recent public exhibition period.

The submissions received have been sorted and summarised in Attachment 1 – Exhibition Report. The Exhibition Report is structured to align with the draft Statement and is contains a review and analysis of the matters raised in the submissions and recommends whether a change is required in response.

The recommended changes to the draft Statement are also summarised in Attachment 2 – Recommended amendments to the draft Local Strategic Planning Statement. This attachment includes a unique reference for each change that is recommended to the draft document. This enables Council to either adopt the recommended changes wholesale or to select/adjust specific recommendations.

The Exhibition Report will also be updated with Council’s final decision, including information on how the feedback has been considered and ultimately be published.

Key Considerations

The public exhibition responses addressed a wide range of land-use planning matters (from property specific through to strategic). The following matters are presented as key themes/considerations in response to the number of submissions, the importance/significance of the issues raised or are adjustments that are needed to finalise a Statement at this point.

Providing flexibility in the proposed Actions

The currently suggested actions need to be flexible to account for resourcing allocations, other priorities, and changing circumstances. Although each action has been allocated a suggested timeframe, the decision to undertake the work still needs to be determined the Council in accordance with Council’s overall priorities and available resources. To assist with this, it is proposed that a new Strategic Planning Working Party be established in Council as an advisory body to provide input and direction on major strategic planning projects and the actions suggested in the document. It is envisaged that the Strategic Planning Working Party will involve all Councillors and relevant Council staff.

To ensure the document is flexible it is recommended the draft Actions that suggesting the preparation of a specific piece of work or an update are modified to identify that the work or update will be investigated or considered. This will help manage expectations and allow a more detailed examination and consideration of the matter to confirm the timing and need for the suggested work. It is intended that the proposed Strategic Planning Working Party will assist with this.

Preparation of an updated Growth Management Strategy (Chapter C): The draft Statement includes an Action to continue and immediately commence (in 2021) the preparation of a new Growth Management Strategy incorporating a Local Housing Strategy. This work will seek to update and consolidate current strategies (e.g. Jervis Bay and Sussex Inlet) and structure plans (e.g. Milton-Ulladulla) and identify future dwelling supply, strategic locations for new homes, and required housing diversity in a coordinated and comprehensive manner across Shoalhaven.

Thirty-two (32) submissions commented on the need to strategically review growth – both in terms of models to manage and also areas requiring increased housing supply. Three (3) submissions specifically sought a residential rezoning. Relevant considerations in this regard include:

· Early work and community engagement (2018/2019) have already been undertaken on a new updated Growth Management Strategy for Shoalhaven.

· The range of NSW Government guidance proposed on housing provision, including the proposed NSW Housing Strategy and review of the Illawarra-Shoalhaven Regional Plan, and

· Council’s resolution of 25 August 2020 to commence an urgent review of the Milton-Ulladulla Settlement Strategy – completion of this task will be the component of the work on the new Growth Management Strategy.

The proposed Action and timeframe in the draft Statement are considered appropriate to confirm the land-use planning work to address these matters.

The consideration of ‘one off’ rezoning proposals (for residential or rural residential) is not the role Statement and is outside its scope. These requests can however be considered, if appropriate, during the Growth Management Strategy process. People who made rezoning requests will be notified of future engagement opportunities relating to this work.

Management of rural land (Chapter K): The draft Statement includes a proposed Policy Statement on the retention and management of existing rural land, including protecting it from competing pressures, including residential and rural-residential rezoning proposals and encroachment from sensitive land uses such as residential whilst a future need is established (for example for additional rural residential zones). Thirty-four (34) submissions commented on the Policy Statement. The feedback both supported and opposed the proposed Policy Statement. The feedback supporting the Statement identified the:

· Importance of protecting rural lands for agricultural uses to ensure local food security.

· Relationship farming families have with the land, often going back generations, noting that lifestyles and livelihoods are threatened by tourism and rural-residential uses.

· Need for reform to counteract purchase of rural land for lifestyle purposes.

The feedback opposing the Statement identified the opportunities provided by additional rural-residential subdivision, namely the supply of new homes. Other feedback requested some middle ground, seeking:

· Limited additional subdivision and residential development opportunities to generate funds to support continued agricultural activity.

· Flexibility to allow rural subdivision where overall benefits to the environment can be delivered.

The draft Statement sets an Action to commence the preparation of a Rural Lands Strategy in 2022. This work will confirm strategically important resource lands and examine the land use planning mechanisms available to support viable agricultural activity, including a review of rural-residential subdivision and needs. The commencement of a Rural Lands Strategy is dependent on the NSW Government’s Important Agricultural Land Mapping Project, update of the Regional Plan (due for completion around early to mid-2021) and the proposed new Agricultural Land Use Planning Strategy for NSW. These will provide critical policy guidance to inform the proposed rural land strategy work.

The submissions also commented on the need to review the future of rural land. A further consideration in this regard is the emerging advice from the NSW Department of Planning Industry and Environment (DPIE) and the Southern Regional Planning Panel that rezoning proposals for rural-residential development should not be considered until a strategy basis has been developed that identifies important agricultural lands.

The proposed action and timeframe in the draft Statement identify and prioritise the land-use planning work required to address these matters whilst the proposed Policy Statement sets a ‘holding’ position to manage landowner expectation and allow the strategy work to be focussed on. It is recommended that the Policy Statement and Action are retained in the final Statement.

Diversification of Shoalhaven’s economy (Chapters H-L): Submissions suggested that the local economy needs to diversify to place less reliance on the visitor economy following observed impacts from the COVID-19 restrictions.

Five planning priorities support the growth and development of a diverse range of industries and the provision of employment opportunities close to home. These priorities record Current Work implementing the Economic Development Strategy, servicing land for development, and Actions to undertake a strategic review of employment land in 2022 to identify the amount/type of employment land needed over the next 20-years.

The submissions also commented on the need to review and support employment land, with some requesting that the related work be prioritised to start immediately. However, there are significant unknowns related to the ongoing nature and impacts of the COVID-19 pandemic that may hinder the findings of this work, at least in the shorter term.

The proposed Action and timeframe in the draft Statement for the proposed land-use planning work are considered appropriate to address this matter. It is recommended these are retained in the final Statement, noting that they can be revisited as things continue to evolve or emerge.

Protecting and enhancing neighbourhood or local character (Chapter E): The draft Statement recognises the role character plays in creating great places. It sets an Action to continue to update development controls to guide in-fill development in settlements, including the historic and coastal villages. This work will also assist manage potential complying development outcomes that could emerge from the NSW Government’s Low Rise Housing Diversity Code.

The draft Statement also identifies opportunities to work with the NSW Government to consider using proposed special character planning controls to further guide infill development in selected settlements, potentially “turning-off” the Low Rise Housing Diversity Code where appropriate or needed.

Fifty-eight (58) submissions commented on the need to better protect character and/or manage in-fill or new development that has the potential to impact on existing character, with a number of these specifically concerning development in the Berry area. The submission from The Berry Forum received support from the Berry community and also surrounding communities. One hundred and eight seven (187) submissions or letters expressed support for The Berry Forum’s feedback on this Planning Priority.

The proposed Action and Collaboration Activity in the draft Statement are considered appropriate at this point and identify the land-use planning work needed to address this matter. It is recommended these be retained in the final Statement.

Managing tourism and visitor accommodation and temporary uses (Chapter J): The need to manage and support the visitor economy to ensure the responsible sharing of Shoalhaven’s attributes and lifestyle is recognised. The Statement includes a proposed Action to review planning and development controls for tourist and visitor accommodation and temporary uses with the aim of balancing support for the visitor economy whilst also managing impacts on communities and sensitive locations. Sixty-six (66) submissions commented on the management of these uses, with a large number of these specifically concerning development in the Berry area.

Although the current indicated timeframe for the proposed work is immediate (or in 2020-2021), Council’s recent consideration of this matter (in April 2020) and direction in this regard is acknowledged. Additionally, the outcomes of the current COVID-19 pandemic on domestic and international tourism and the potential opportunities for the visitor economy tourism to contribute to economic recovery are currently unknown. Thus it is recommended the proposed Action is retained in the Statement, but the timeframe be amended from immediate to the short-term (or commencing in 2022) to enable a more considered response.

Promoting healthy waterways (Chapter M): The draft Statement details current work on developing Coastal Management Programs for the open coastline, Shoalhaven River and its estuaries, St Georges Basin, and Lake Conjola. The NSW Environmental Protection Authority (EPA) provided feedback on a range of considerations that contribute to waterway health/managing water quality and suggested an expansion of the current Actions. Unfortunately, the timeframes set for the current draft Statement limit the opportunity to consider these matters in any detail for possible inclusion. It is however recommended that a more comprehensive approach to waterway health and water quality is considered further in the ongoing development of the Statement. Existing programs and commitments will be considered as part of this.

Balancing environmental protection with development (Chapter M): Thirty-four (34) submissions commented on the need to focus on environmental protection and avoid excessive or over development. Balancing environment protection whilst managing and responding to change, including new development, is a key aim of the draft Statement. The proposed Planning Priorities will work together to try to achieve this. Technical studies and strategic reviews that are proposed to be undertaken to inform future strategic land-use planning decisions will aim for a similar balance.

Planning for shade to reduce UV exposure (Chapter N): Feedback provided by the Cancer Council NSW and the Cancer Institute NSW identifies several opportunities to update the draft Statement to promote the provision of shade in new development, recreation facilities, public spaces and on public infrastructure. It is recommended that the draft Statement is updated to

· Highlight the risks of UV exposure and the importance and benefits of shade.

· Commit to the provision of shade, wherever possible, for existing and proposed public infrastructure, such as recreation facilities, parks, town centre upgrades etc.

· Through development controls encourage the provision of appropriate shade in private developments, particularly recreation facilities and those adjoining public places.

To help support these outcomes, a new Action and Collaboration Activity are recommended. The Collaboration Activity will ensure ongoing partnerships between Council and relevant stakeholders to plan and deliver well-designed shade throughout Shoalhaven.

The Action would require the investigation of a possible Shade and UV Protection Strategy, the starting point of examining this issue and identifying potential management measures (such as updated development controls and engineering design specifications).

Managing heritage items and places (Chapter P): Eighteen (18) submissions asked for increased management of heritage items and places, including work to identify and confirm potential heritage items and places (both Non-Aboriginal and Aboriginal). The draft Statement sets Actions to:

· establish a Heritage Design Advisory Service, subject to the provision of funding by Council and possibly others (e.g. NSW Government), to provide expert advice and guidance on development involving or in proximity to heritage items and places,

· consider developing conservation management plans or updated plans for each council-owned heritage item or place,

· consider updating the existing Non-Aboriginal Heritage Study to inform a possible future review of the list of heritage items and places listed in the City-wide Local Environmental Plan, and

· working with Aboriginal communities and Local Aboriginal Land Councils to identify Aboriginal cultural heritage and cultural landscapes and opportunities to recognise, protect and share them where appropriate.

These Actions are recommended for retention in the final Statement in an adjusted form.

Ensuring efficient monitoring and effective implementation (Chapter S): Seventeen (17) submissions commented on the proposed monitoring and measuring the implementation of the draft Statement. Fifteen (15) measures are proposed across the various Planning Priorities and the proposed reporting processes are suggested, for example an annual report.

As future reviews or updates of the Statement are undertaken and recommended technical studies and strategies are prepared, a database of potential measures/information will be developed. This will enable future versions of the Statement to contain refined measures, and also identify the resources and tools required to monitor implementation of Actions.

It is acknowledged the draft Statement does not identify any measures for:

· Planning Priority 14 – Heritage items and places

· Planning Priority 15 – Scenic and cultural landscapes

· Planning Priority 16 – Promoting events and public arts

It is recommended that measures be identified and considered for these planning priorities – these are expanded on in the Exhibition Report (Attachment 1).

Community, landowner, and stakeholder participation (Chapter T): Nineteen (19) submissions requested improved community participation activities, identifying additional stakeholders to be engaged on future reviews of the Statement.

The Statement is intended to be a living document that Council will keep working on and updated as ongoing strategic planning work is completed and new Actions identified. It is intended that the development of the document will continue, and more significant updates will occur when the new Council is elected, and the NSW Government publishes new strategic land-use planning documents. Each update will include relevant community participation. The technical studies and strategic reviews proposed to be undertaken to inform future strategic land-use planning, such as the Rural Lands Strategy, will also have their own program of community engagement.

Shoalhaven 2040 is Council’s first Local Strategic Planning Statement. It is intended to be a living document and be updated as our Current Work and Actions are completed, and as new Actions are identified. More significant updates of the document will occur when a new Council is elected, and the NSW Government publishes its strategic land-use planning documents. Each update will include a level of community participation reflective of the scale of the update

It is recommended that a new section be included in the Statement to outline likely community and stakeholder participation and engagement activities in future updates of the document.

Recognising the challenge of the COVID-19 Pandemic: Nine (9) submissions requested greater recognition and a proposed response to the current pandemic. The draft Statement includes several Planning Priorities focussed on supporting the growth and development of a diverse range of industries and providing employment opportunities. These include actions to prepare strategic reviews of employment and retail land to understand future need. These strategic reviews will consider current and forecast trends flowing from the pandemic and the associated recovery strategies that emerge. This will inform our future detailed planning, allowing the delivery of the required amount and type of employment land and set flexible planning controls to allow innovation and adaptation. It is noted that the draft Statement already contains detail on resilience planning generally.

The draft Statement also includes a range of public health related actions relating to well-serviced local neighbourhoods, more jobs closer to home, an increased supply of affordable housing; and better planning of open space. These actions will consider emerging pandemic-related trends and allowing flexible responses to the broader changes we are currently experiencing. The ongoing review of the Statement will outcomes that emerge to be considered/included.

Conclusion - Proposed Next Steps

DPIE has confirmed the draft Statement is generally consistent with:

· Legislative requirements

· Their guidance on preparing Local Strategic Planning Statements,

· The current Illawarra-Shoalhaven Regional Plan 2015, and

· Matters of State or regional significance.

Following Council’s consideration of the public exhibition feedback and the recommended adoption of amendments to the draft Statement, the final Statement will be then be published on Council’s website and submitted for publication on the NSW Planning Portal as required by legislation.

It is critical that a final Statement is adopted during September to ensure that Council complies with its legislative requirements.

Community Engagement

The envisaged community engagement to assist with the development of the Statement was not possible due to a range of factors that occurred during late 2019 and 2020. However, the current draft Statement has still been informed by:

· Community consultation on other strategic planning documents, including the:

o Growth Management Strategy Discussion Paper (Nov 2018-Jan 2019) – Initial Community Engagement Report published July 2019

o Draft Shoalhaven Character Assessment Report (Nov 2018-Jan 2019), and

o Relevant rezoning applications/planning proposals and other planning matters.

· Community survey (February/March 2020) - tested draft content, with 100 survey responses received. Feedback summary report is available on the project ‘get involved’ page.

· Councillor Workshops.

Council endorsed the draft Statement for public exhibition on 23 June 2020. The draft Statement was then publicly exhibited between 1 and 31 July 2020 and notified/publicised by:

· Media releases on Council’s website, social media, and community newsletter,

· Emails to Community Consultative Bodies, Development Industry Stakeholders, Local Aboriginal Land Councils, neighbouring councils and representative organisations.

· Emails to members of the community who have registered an interest or made a recent submission on strategic land-use planning documents.

In response to COVID-19 related restrictions, the exhibition was supported by a website providing copies of the draft document, a series of pre-recorded presentations, frequently asked questions and a range of useful links and information, including fact sheets about the document, a range of land-use planning matters, and ways to provide feedback. Several different ways to ask questions or make a submission were also provided (by phone, email, post, an online form, an online survey, and in-person).

The exhibition website received approximately one thousand six hundred (1,600) visits during the exhibition, with five hundred and eighty-seven (587) participants downloading a copy of the draft Statement or viewing multiple webpages (such as the presentations and fact sheets). Eleven (11) telephone enquiries were also received. Two hundred and sixty-three (263) submissions were received.

The exhibited draft Statement and other supporting material from the exhibition (factsheet, video presentation etc) can be accessed on the project ‘get involved’ page on the internet at

https://getinvolved.shoalhaven.nsw.gov.au/LSPS

Policy Implications

The Statement is the main document that identifies and guides Council’s future strategic land-use planning work, confirming the work required to manage a range of land use planning matters in Shoalhaven over coming years. It also fulfills Council’s obligations under the NSW Planning legislation.

The Statement helps inform future changes to Council’s key land use planning documents, the next review of Council’s adopted Community Strategic Plan and the NSW Government’s current work updating the Regional Plan.

The adopted Strategic Planning Work Program for 2020-2021 may need to be adjusted to align with the adopted Statement and a subsequent report will be provided to Council consistent with the resolution of 2 June 2020 to

Separately consider any adjustments to the 2020-2021 Strategic Planning Works Program, if needed, following the completion of the required Shoalhaven Local Strategic Planning Statement.

Financial Implications

The implementation of the Actions in the Statement will need to be considered against existing and future resources and budgets. The Actions in the Statement are linked or will link to the Integrated Planning and Reporting Framework and will inform Council’s Resourcing Strategy.

Completing the Statement as proposed provides a policy platform to support applications for grants and other funding opportunities provided by the State and Federal Governments.

Access to the funding available for Shoalhaven ($3 million) under the NSW Public Spaces Legacy Program requires a Statement to be in place during September 2020.

Risk Implications

Council was legally required to make the Statement by 1 July 2020. The timeframe was not met due to a range of factors that were communicated to DPIE, including the prioritisation of other strategic planning projects, delayed guidance/training from the Department, and the impact of the bushfires and subsequent recovery efforts. The development and exhibition of the draft Statement has most recently affected by the current COVID-19 pandemic. Given all that the Shoalhaven community has faced so far during 2020 it would also have been difficult to get meaningful community engagement to assist with the development of the Strategy.

An extension to the NSW Government’s deadline was sought on several occasions, both directly and through Local Government NSW. No formal extension has been granted. However, DPIE has acknowledged the work undertaken to date and the significant issues Council has and is facing and is comfortable with the planned completion of the Statement in September 2020.

Completing the Statement as recommended fulfills Council’s obligations under the NSW Planning legislation. Any delay to the completion of the Statement may not be well received by the NSW Government. The NSW Government has a range of mechanisms to monitor and ensure Council’s compliance with this legislation. In addition, it may also limit the success of current or immediate applications for grants and other funding opportunities where the application criteria require an endorsed Statement.

Ordinary Meeting – Tuesday 22 September 2020

Page 1

CL20.210 Draft COVID-19 Contributions Discount Subsidy Policy - Post Exhibition Consideration and Finalisation

HPERM Ref: D20/361163

Section: Strategic Planning

Approver: Phil Costello, Director - City Development

Attachments: 1. Public Notice/Exhibition Submission Summary ⇩

2. Proposed Post Exhibition Changes to the COVID-19 Contributions Discount Subsidy Policy ⇩

This item was deferred from the Development and Environment Committee 1 September 2020.

Reason for Report

· Detail the submissions received during the public notice/exhibition period relating to the draft COVID-19 Contributions Discount Subsidy Policy (the Policy).

· Enable adoption and implementation of the Policy.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Adopt the draft COVID-19 Contributions Discount Subsidy Policy as exhibited, with the changes shown in Attachment 2 to the report.

2. Advise those who made a submission and the Development Industry Representatives of this resolution.

Options

1. As recommended.

Implications: This is the preferred option as it will enable adoption and implementation of the Policy. This option also responds to the submissions received during the public notice/exhibition period.

2. Adopt an alternative recommendation.

Implications: This will depend on the extent of any changes and could delay the implementation of the Policy.

3. Not adopt the recommendation.

Implications: This could stop the implementation of a Policy to satisfy the intent of Council’s 7 April 2020 (MIN20.240) and 28 April 2020 (MIN20.275) resolutions.

Background

On 7 April 2020, Council resolved (MIN20.240) in part to:

7. Maintain, continue and encourage as much economic activity as possible Council adopt the following policies, to be followed by an implementation report from the CEO:

f. Discounting of Section 7.11 Developer Contributions (Section 94 Contributions)

Council, as a matter of policy, discount all developer contributions levied under Section 7.11 of the EPA Act 1979 (As Amended) by 50% for any proposal that will result in the creation of employment, or places of employment (i.e. new retail buildings, buildings of a commercial nature, industrial buildings and the like (other than construction jobs).

Subsequently on 28 April 2020, Council’s intent was further refined by the following resolution (MIN20.275):

5 Further vary policy by the amendment of the previous Council Resolution MIN 20.240 as follows:

a. Amending Part 7f. as follows:

i. deletion of the words “other than construction jobs” at the end of the part

ii. The insertion of the following words at the end of Part 7f “Discounts will not apply to any contribution required for works directly related to a development where public safety is an issue i.e. traffic facilities.”

b. The discounted Section 7.11 charges will be applied as a refund following an application for a refund from the owner once the development is approximately 25% complete,

c. Any claims for a discount made under the provisions of Part 7f must be made within two years of the issue of an operational Development consent.

d. Any proposal that has been approved where development contributions have not yet been paid will qualify for the discount.

e. In the event that a property changes ownership, the entitlement to a discount under this policy will remain with the land

f. Should any part of this policy need further adjustment for legal reasons that section be the subject of a further report to the Development Committee or Council.

6. For the purpose of approving the refund of Section 7.11 contributions the CEO/delegate will be the sole arbitrator in determining and assessing the status of a development regarding it satisfying the refund criteria or if the development is staged that a point of approximately 25% of the stage has been reached at which point the CEO/delegate may make the refund.

9. That a review of the Policy be undertaken after 6 months at which time the Council will be informed of the impact of the Policy.

A draft Policy was prepared which was reviewed by Lindsay Taylor Lawyers and was discussed in a Councillor workshop on 4 June 2020. On 23 June 2020, Council resolved (MIN20.450) to:

1. Endorse the content of the draft COVID-19 Contributions Discount Subsidy Policy (draft Policy) and proceed to exhibit the draft Policy in accordance with legislative requirements.

2. Notify key industry stakeholders of the exhibition arrangements.

3. Proceed to finalise the Policy following exhibition if no submissions or submissions of a minor, largely mechanical nature are received; however if submissions of substance are received that require closer consideration then the exhibition outcomes be reported back to Council as a matter of urgency to enable the Policy to be finalised.

Public Notice/ Exhibition

The draft Policy was publicly exhibited for a period of 30 days from Wednesday 8 July to Friday 7 August 2020 (inclusive). Notices appeared in local newspapers on 8 July 2020. As per the resolution, the key industry stakeholders were notified directly in writing.

The exhibition material included the:

· Draft COVID-19 Contributions Discount Subsidy Policy.

· Newspaper advertisement.

As a result of the exhibition, four (4) formal submissions were received:

· One (1) from a community member.

· Three (3) from development industry representatives:

- Allen Price & Scarratts.

- Allen Price & Scarratts on behalf of Lucas Sheargold Joint Venture.

- Jemalong Property Group / Jemalong Mundamia Pty Ltd.

Submission Summary and Recommended Post Exhibition Changes

Attachment 1 provides a summary of the submissions received and staff comments on them. Copies of the actual submissions can be made available to Councillors prior to the meeting if necessary, on request.

As a result of the submissions received, the following changes are proposed to the exhibited Policy:

· Expand the ‘Eligible Development’ list initially proposed by Council to include ‘subdivisions’, to provide additional clarity.

· Remove the two-year application timeframe requirement to broaden the amount of development that would be eligible for the subsidy, which ultimately meets the purpose of the Policy to “encourage as much economic activity as possible” in Shoalhaven.

· Specify that the owner of the land (or other party as agreed to by the Chief Executive Officer, or his delegate) could make an application for the subsidy, rather than only the owner only.

These suggested changes are highlighted in yellow in the attached version of the Policy (Attachment 2) for convenience.

Conclusion

Following due consideration of the submissions made during the public notice/exhibition, the Policy can should now be adopted and implemented.

Community Engagement

The draft Policy was publicly exhibited for 30 days in accordance with legislative requirements. Four (4) submissions were received which are summarised at Attachment 1 and discussed above.

Policy Implications

If any new projects are added to the Contributions Plan that have a public safety element, it would be appropriate, if needed, for the Policy to be updated at that point to specify for clarity that the subsidy would not apply to those projects.

The Policy will be reviewed after 12 months of operation to consider the take up and impact of the Policy and whether the Policy needs to be extended or not.

Financial Implications

Finalising the Policy will continue to be undertaken within the existing Strategic Planning budget.

The funding source for the Policy is the general fund, rather than the Contributions Plan, to importantly maintain the integrity of the Contributions Plan. The removal of the two-year application timeframe associated with the Policy will potentially increase Council’s expenditure from the general fund.

Risk Implications

The draft Policy was reviewed by a member of Council’s external legal panel to ensure it is appropriately constructed and robust. The suggested post exhibition amendments are considered to be relatively minor in nature – noting however that the financial implication of removing the two-year timeframe will potentially increase the ultimate cost associated with the policy.