Agenda of Ordinary Meeting

Ordinary Meeting

Meeting Date: Tuesday, 25 May, 2021

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

Time: 5.00pm

Membership (Quorum - 7)

All Councillors

Please note: The proceedings of this meeting (including presentations, deputations and debate) will be webcast and may be recorded and broadcast under the provisions of the Code of Meeting Practice. 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 April 2021

6. Declarations of Interest

7. Presentation of Petitions

8. Mayoral Minute

Mayoral Minute

MM21.10..... Mayoral Minute - 4 Murdoch Street Huskisson - DA10/1377........................ 1

MM21.11..... Mayoral Minute - Extended Financial Assistance to Bushfire Survivors....... 2

MM21.12..... Mayoral Minute - Housing Crisis Shoalhaven................................................ 3

9. Deputations and Presentations

10. Notices of Motion / Questions on Notice

Notices of Motion / Questions on Notice

CL21.82....... Notice of Motion - Lawfulness of Council's Opening Prayer.......................... 5

CL21.83....... Notice of Motion - Mollymook Foreshore Reserve......................................... 7

CL21.84....... Notice of Motion - Nowra By-Pass Infrastructure Transport Link.................. 8

CL21.85....... Notice of Motion - Princes Highway / Island Point Road Roundabout - Vegetation Clearance....................................................................................................... 9

CL21.86....... Notice of Motion - Shoalhaven Hospital - Requirements............................. 10

CL21.87....... Notice of Motion - Property Matter............................................................... 11

CL21.88....... Notice of Motion - Shoalhaven Heads to Gerroa Walking Track – 7 Mile Beach National Park................................................................................................ 12

CL21.89....... Notice of Motion - Park Road Netball Complex........................................... 13

11. Committee Reports

CL21.90....... Report of the Development & Environment Committee - 11 May 2021...... 14

DE21.43...... Update - Planning Proposal PP050 - Former Anglican Church, Huskisson - Ground Penetrating Radar Survey

CL21.91....... Report of the Strategy & Assets Committee - 18 May 2021........................ 15

SA21.83...... Report Back - Jervis Bay National Park - Council Property Transfers

SA21.85...... Proposed Lease - Council as Lessee - Unit 1, 51 Graham Street, Nowra

SA21.88...... Callala Beach Drainage Maintenance & Construction

SA21.89...... North Mollymook Beach - Car Parking & Pedestrian Access / Safety

SA21.90...... Mollymook Outriggers Club - Storage Site Location

SA21.91...... Proposed Road Closure & Sale - Broughton Vale Road Broughton Vale

SA21.101.... TfNSW Acquisition by Agreement Part Lot 415 DP 1210528 Gardenia Crescent Bomaderry (Princes Highway Bomaderry)

SA21.108.... Sale of Surplus Council Land at Terara

SA21.109.... Acquisition of Easement for Sewerage Purposes - 14&16 Daley Crescent North Nowra

CL21.92....... Report of the Shoalhaven Traffic Committee - 11 May 2021...................... 19

TC21.31...... Signage and Linemarking Plan - Lot 400 DP1243547 - 35 Corks Lane - Milton (PN 3652)

TC21.32...... Parking Restrictions - Intersections of Quay Rd - Greenway Rd - Callala Beach Rd - Callala Beach (PN 3653)

TC21.33...... Parking Restrictions and Linemarking - Woollamia Boat Ramp Car Park - Frank Lewis Way - Woollamia (PN 3654)

TC21.34...... Proposed Edge Line Marking - Tapitallee Road - Tapitallee (PN 3655)

TC21.35...... Signage and Linemarking Plan - Lot 1 DP 270575 - 35 The Basin Road - St Georges Basin (PN 3656)

12. Reports

City Performance

CL21.93....... Remote Attendance by Councillors at Council Meetings - Draft Procedure 30

CL21.94....... 2020/21 Council Borrowings - Loan Agreement and Required Changes to the Investment Policy......................................................................................... 36

CL21.95....... Investment Report - April 2021.................................................................... 50

City Futures

CL21.96....... Proposed Submission - Review of Clause 4.6 of the Standard Instrument LEP 57

CL21.97....... Proposed Submission - NSW Planning Reforms - Building Business Back Better...................................................................................................................... 66

City Services

CL21.98....... NSW Emergency Operations Centres (EOCs) Critical Upgrade Program.. 72

CL21.99....... Report Back - Closure of Scenic Drive/Bridge Road Intersection, Nowra and Options...................................................................................................................... 74

City Lifestyles

CL21.100..... Sanctuary Point District Library - Outcomes of Public Exhibition of Concept Design...................................................................................................................... 81

CL21.101..... Crown Land Plans of Management - Progress to Public Exhibition.......... 100

Shoalhaven Water

CL21.102..... Proposed Extension of Council Services to Jervis Bay Territory.............. 113

Councillor Conference Report

CL21.103..... Ozwater Conference 2021......................................................................... 114

CL21.104..... Waste 2021................................................................................................. 119

CL21.105..... South East Australian Transport Strategy (SEATS) Meeting.................... 120

13. Confidential Reports

Notices of Motion / Questions on Notice

CCL21.5...... Notice of Motion - Property Matter

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

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

Committee Reports

CCL21.6...... Report of the Strategy & Assets Committee - 18 May 2021

CSA21.9...... Proposed Sale of Land - Moss Vale Road South Urban Release Area

Local Government Act - Section 10A(2)(c) - Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

CSA21.16.... Shoalhaven Water - Debt Write Off - Telecommunications Rent

Local Government Act - Section 10A(2)(c) - Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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.

Reports

CCL21.7...... Proposed Extension of Council Services to Jervis Bay Territory

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

Ordinary Meeting – Tuesday 25 May 2021

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CL21.91 Report of the Strategy & Assets Committee - 18 May 2021

HPERM Ref: D21/207059

SA21.83 Report Back - Jervis Bay National Park - Council Property Transfers

HPERM Ref: D21/69325

Recommendation

That Council:

1. Receive the report on the status of the Council land transfers to the Jervis Bay National Park.

2. Write to the Minister for the Environment The Hon Matt Kean in regards to possible transfers of land to the National Park to include the following:

a. Lot 2 DP 1087105 Leo Drive Narrawallee (Garrads Reserve)

b. Lot 5 DP 1087106 Garrads Lane Narrawallee (Garrads Reserve)

c. Lot 29 DP 874275 Seaspray Street Narrawallee (For purchase by NSW Government and consistent with previous minutes)

3. Acknowledge that the three blocks as outlined above are contiguous with National Park land holding Narrawallee Creek Nature Reserve and would bring overall value to the National Parks estate as previously identified by the NSW State Government.

SA21.85 Proposed Lease - Council as Lessee - Unit 1, 51 Graham Street, Nowra

HPERM Ref: D21/176484

Recommendation

That:

1. Council enter into a Lease agreement with Churston Quay Pty Ltd ATF Torbay Superannuation Fund for Unit 1, 51 Graham Street, Nowra being lot 1 SP 63182 in accordance with the terms outlined in the confidential attachment;

2. The terms of the lease remain confidential until adopted by Council;

3. Council authorise the rent to be paid from existing operational budget from the savings identified by management across all Directorates;

4. Council authorise the Common Seal of the Council of the City of Shoalhaven to be affixed to any document required to be sealed and delegate to the Chief Executive Officer authority to sign any documentation necessary to give effect to this resolution.

SA21.88 Callala Beach Drainage Maintenance & Construction

HPERM Ref: D20/82059

Recommendation

That Council, with regard to the management of stormwater in the Callala Beach Village:

1. Note that scheduled maintenance to desilt the eight absorption pits has been programmed to be completed before the end of this financial year from the existing maintenance allocation.

2. Note that from 2021/2022 and onwards (subject to operating budget allocations) 20 pits will be desilted every year at an annual cost of $17,500. This means that 80 pits across the region will be desilted every four year at a total cost of $70,000 over the four years. This work will most likely be packaged up as an annual contract with visual inspection/cleaning records being received prior to payment. The 2021/2022 draft budget be amended accordingly as part of the public consultation phase currently underway.

3. The Draft Interim Policy for “The disposal of stormwater from hard surfaces for infill or redevelopment” will be refined by Council staff, advertised seeking public comment and that comment will be reported back to Council for consideration before adoption.

4. Allocate $80,000 in the long-term financial plan (2023/2024) to develop a long-term Stormwater Drainage Strategy for the Callala Beach catchment, with the ultimate arrangement to be a consideration of a hybrid drainage system consisting of a combination of gravity drained pipe outlets and absorption pits.

SA21.89 North Mollymook Beach - Car Parking & Pedestrian Access / Safety

HPERM Ref: D20/349606

Recommendation

That:

1. Council allocate $40,000 (2021/2022) towards the preparation of a Masterplan (including consultation) which will enable better management of pedestrians and carparking at the North end of Mollymook beach, to improve safety and amenity for all – noting the following:

a. The plan will integrate with any strategic planning for coastal zone management/ coastal planning that may be under consideration for the Northern End of Mollymook Beach which appears to need some attention in regard to dune stabilisation alongside of Beach Rd.

b. Include an investigation on how best to manage pedestrian and carparking at Mitchell Parade in the vicinity of the beach access stairway.

c. Plan for the formalisation of the dirt carpark on the North Eastern Side of Mollymoke Farm Creek and NOT pursue the opening up of the western side that would involve any vegetation clearing.

d. Pursue a conversation with the Bill Andriske Management Committee in regard to how upgraded car park facilities can be used on non-match days.

e. Include investigation on how best to manage pedestrian and carparking around the corner at the North Mollymook Tallwood Ave Shops.

2. The draft masterplan be further considered at a future meeting of Council with a view to adopt and allocate funds to prepare plans to a ‘shovel ready’ state for future grant and internal funding considerations.

SA21.90 Mollymook Outriggers Club - Storage Site Location

HPERM Ref: D20/397239

Recommendation

That Council, following an extensive and unsuccessful search of sites in the Ulladulla Region to accommodate the Mollymook Outriggers Club’s storage needs:

1. Support the Club’s quest to obtain approval from the Crown to build a boat shed next to the Coastal Patrol Building at Ulladulla Harbour.

2. Add $5,000 to the 2021/2022 draft budget (noting that the draft budget is currently on public exhibition) as Council’s contribution to any documentation or studies or plans that are required for the Crown Lands process as determined by the CEO (Director City Services).

SA21.91 Proposed Road Closure & Sale - Broughton Vale Road Broughton Vale

HPERM Ref: D21/56320

Recommendation

That Council

1. Close the unformed part of Broughton Vale Road, Broughton Vale, being approximately 1,500m in length as shown in Attachment 1 (D21/56393) by a notice published in the Government Gazette as the road reserve is effectively landlocked.

2. Authorise the sale of the closed road to V Wasp Pty Ltd (adjoining property owner) for $37,700 + GST (if applicable) and the proceeds from the sale be allocated to the Property Reserve.

3. Require the portion comprised in the road closure be consolidated into one lot with the parent Lot being Lot 19 DP 1264739.

4. Require all costs associated with the road closure and sale to be borne by V Wasp Pty Ltd.

5. 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.

SA21.101 TfNSW Acquisition by Agreement Part Lot 415 DP 1210528 Gardenia Crescent Bomaderry (Princes Highway Bomaderry)

HPERM Ref: D20/546110

Recommendation

That Council:

1. Approve the acquisition by agreement of Part Lot 415 DP 1210528 being approximately 630sqm by TfNSW for the Princes Highway Upgrade project;

2. Delegate authority to the Chief Executive Officer to agree to the compensation amount determined by the Valuer General;

3. Authorise the Common Seal of the Council of the City of Shoalhaven be affixed to any document requiring to be sealed and delegate to the Chief Executive Officer authority to sign any documentation necessary to give effect to this resolution.

SA21.108 Sale of Surplus Council Land at Terara

HPERM Ref: D21/136112

Recommendation

That Council:

1. Resolve to vary MIN15.664 and:

2. Sell part of Lot 1 DP594857, shown edged red on ‘Plan of Land to be Sold’, for an amount of $54,200.

3. Reimburse the purchaser’s reasonable legal costs from Council’s REMS Sewer Scheme Fund, in accordance with the original land exchange agreement with the adjoining landowner. Proceeds from the sale of the Council land are to be paid to that fund to partially offset the acquisition costs.

4. If necessary, adjust the purchase price for the lands in accordance with the area determined by final survey plan.

5. Authorise the Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.

6. Approve a subdivision of Lot 1 DP594857 under officer delegation.

SA21.109 Acquisition of Easement for Sewerage Purposes - 14&16 Daley Crescent North Nowra

HPERM Ref: D21/151649

Recommendation

That

1. Council acquire an Easement for Sewerage Purposes 3 metres wide over part of Lots 19 & 20 DP22131, Nos. 14-16 Daley Crescent North Nowra as shown highlighted on the attached copy of DP 644296.

2. Council pay compensation of $19,000, plus GST if applicable, and reasonable legal and valuation 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 Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.

Ordinary Meeting – Tuesday 25 May 2021

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CL21.92 Report of the Shoalhaven Traffic Committee - 11 May 2021

HPERM Ref: D21/198733

Attachments: 1. PN 3652 Plans ⇩

2. PN 3653 Plans ⇩

3. PN 3654 Plans ⇩

4. PN 3655 Plans ⇩

5. PN 3656 Plans ⇩

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 Councils for the regulation of traffic can be viewed at: RMS Website

TC21.31 Signage and Linemarking Plan - Lot 400 DP1243547 - 35 Corks Lane - Milton (PN 3652)

HPERM Ref: D21/181647

Recommendation

That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed works in Corks Lane, Milton, required to be undertaken in accordance with consent conditions, as detailed in Plan No: D21/18181, subject to:

· Temporary barriers being installed:

o immediately to the north of the Corks Lane residential sub-division (to prevent through traffic from traversing Corks Lane north past the St Mary’s Catholic Primary School and church, and further impacting the intersection of Princes Highway and Corks Lane), and

o another temporary barrier being installed to the west of the existing turning head outside the St Mary’s Catholic Primary School.

· The proposed banned right turn signage shall also be deferred or covered up for the same temporary period. The temporary barrier and associated signage restrictions shall remain in place until such time as Myrtle Forest Road is constructed to the Princes Highway as required in accordance with DS19/1162.

· The intersection of Corks Lane and the Princes Highway being delineated as ‘all traffic left’ with a painted island, ‘Left Turn’ arrows and R2-9-L ‘Left Lane Must Turn Left’ signage on approach following the construction of Myrtle Forest Road to the Princes Highway as required in accordance with DS19/1162.

· Lighting for proposed traffic facilities being provided as per AS/NZS 1158.

· The proposed north-eastern turn along the Link Road being assessed in accordance with AS1742.2 as to whether it requires warning signage.

TC21.32 Parking Restrictions - Intersections of Quay Rd - Greenway Rd - Callala Beach Rd - Callala Beach (PN 3653)

HPERM Ref: D21/181690

Recommendation

That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed parking restrictions at the intersections of Quay Rd and Greenway Rd with Callala Beach Rd, Callala Beach as per Plan No: D21/181830.

TC21.33 Parking Restrictions and Linemarking - Woollamia Boat Ramp Car Park - Frank Lewis Way - Woollamia (PN 3654)

HPERM Ref: D21/181695

Recommendation

That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the parking restrictions and linemarking at the Woollamia Boat Ramp Carpark and along Frank Lewis Way / Coulon Street, per Plan No: D21/181841.

TC21.34 Proposed Edge Line Marking - Tapitallee Road - Tapitallee (PN 3655)

HPERM Ref: D21/181790

Recommendation

That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed edge line marking along Tapitallee Road, Tapitallee as per Plan No: D21/181863, subject to:

1. RRPMs being installed along the proposed edgeline for enhanced night-time delineation.

TC21.35 Signage and Linemarking Plan - Lot 1 DP 270575 - 35 The Basin Road - St Georges Basin (PN 3656)

HPERM Ref: D21/182878

Recommendation

That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed signage, line marking, and traffic control measures associated with the development at Lot 1 DP 270575 - 35 The Basin Road, St Georges Basin (per development consent conditions 27(e) - (f)), as per Plan No D21/182893, subject to:

1. Lighting for proposed traffic facilities being provided as per AS/NZS 1158..

Ordinary Meeting – Tuesday 25 May 2021

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CL21.93 Remote Attendance by Councillors at Council Meetings - Draft Procedure

HPERM Ref: D21/155151

Department: Business Assurance & Risk

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Draft - Procedures for Remote Attendance ⇩

Reason for Report

This report is being submitted directly to the Ordinary Meeting due to the need to introduce formal procedures for remote meeting attendance as soon as possible.

To submit for Council’s endorsement a formal procedure for governing remote attendance by Councillors at meetings by audio-visual link, in accordance with the model procedure supplied by the Office of Local Government.

Recommendation (Item to be determined under delegated authority)

That Council endorse the attached Procedures for Remote Attendance of Councillors at Meetings using an Audio Visual Link.

Options

1. As recommended.

Implications: Council will adopt the Procedures for Remote Attendance of Councillors at Meetings using Audio Visual Link, in particular the provisions allowing for approval of urgent requests, in time for the next scheduled meetings in June.

2. Other recommendation to be determined.

Implications: This may delay the introduction of the Procedures, including the provisions for urgent requests that are not contained in the model Provisions provided by the Office of Local Government.

Background

As outlined to the Council in Report CL21.54 considered at the Ordinary Meeting on 23 March 2021, the Office of Local Government (OLG) issued Circular 21-01, “Transitioning back to in-person council and committee meetings and consultation on proposed changes allowing remote attendance at meetings”.

The Council resolved (MIN21.164):

That Council make the following adjustments to meeting arrangements from 26 March 2021:

1. Provide for the return of the public to the gallery as required by the Office of Local Government with arrangements in place to comply with current NSW Health Orders as outlined in the report.

2. Receive deputations at Council and Core Committee meetings from 26 March 2021, in person, in accordance with the adopted Code of Meeting Practice and outlined in the report (reflecting our Pre-COVID-19 arrangements).

3. Provide comments and feedback to the CEO (Director City Performance) for submission to the Office of Local Government’s Consultation Paper on Remote Attendance at Council Meetings (Attachment 2 to the report).

The required adjustments under Parts 1 and 2 of the resolution were put in place prior to the Development and Environment Committee meeting held on Tuesday 6 April 2021 and remain in place.

With respect to the feedback to the Office of Local Government on their Consultation Paper on Remote attendance (outlined in Part 3 of the resolution), the draft submission was considered and endorsed by Council on 27 April 2021 and submitted to the Office of Local Government on 29 April 2021.

The Draft Procedure for Remote Attendance

On 1 April 2021, the OLG released Circular 21-02 – Transitioning back to in- person council and committee meetings and consultation on proposed changes allowing remote attendance at meetings, which outlines that the Local Government (General) Regulation 2005 (the Regulation) has been amended to temporarily exempt councils from complying with the requirement under their codes of meeting practice for councillors to be personally present at meetings to participate in them. The exemption expires on 31 December 2021.

The Circular outlines the following for what this means for the Council:

· As of 26 March 2021, councils are now required under section 10 of the Local Government Act 1993 to hold meetings of the council and committees comprising only of councillors in physical venues and to permit members of the public to attend meetings in person, subject to the requirements of any Public Health Order in force at the time and social distancing requirements.

· The Regulation amendment operates to exempt councils from the requirement under clause 5.2 of the Model Meeting Code for councillors to be personally present at a meeting in order to participate in it.

· For the period in which the Regulation amendment is in force, councils have the option to permit councillors to attend and participate in meetings remotely by audio-visual link should councils choose to do so.

· Councils are not required to amend their codes of meeting practice to allow councillors to attend meetings remotely by audio-visual link while the Regulation amendment is in force but should adopt procedures governing attendance by councillors at meetings by audio-visual link to supplement their codes of meeting practice. Suggest procedures are attached to this circular.

In accordance with the final point above, Council staff have drawn together the proposed procedure outlined by the OLG and provided it as Attachment 1 to this report for consideration for the Council for adoption, should the Council wish to have procedures in place. It is important for Councillors to note that the adoption of a procedure is recommended but not compulsory. It is the recommendation of Council staff that Council should have a procedure in place to provide clarity for Councillors and meeting Chairs on the requirements and proceedings and avoid ad-hoc or inconsistency in dealing with remote attendance.

Proposed changes have been made to the OLG’s suggested procedure (highlighted in yellow in the attached draft procedure) which seek to address some of the issues raised by Councillors in response to the consultation document. They include:

- Clarification of the meetings to which the procedure applies.

- Inclusion in our agenda the determination of any remote attendance requests

- Provision for ‘emergency’ requests on the date of meetings for circumstances out of the control of Councillors.

Policy Implications

This Procedure will provide guidance for Council until the Code of Meeting Practice is amended as a result of any changes the OLG may implement to the Model Code as a result of its consultation.

Community Engagement

No community consultation is required for this report considering its procedural nature.

Ordinary Meeting – Tuesday 25 May 2021

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CL21.94 2020/21 Council Borrowings - Loan Agreement and Required Changes to the Investment Policy

HPERM Ref: D21/144233

Department: Finance

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Shoalhaven Loan Agreement FY21 (under separate cover) ⇨

2. Investment Policy (Updated 2021) ⇩

Reason for Report

This report is being submitted directly to the Ordinary Meeting to seek Council approval to enter into a loan agreement with NSW Treasury Corporation (TCorp) for both General Fund and Waste Fund borrowings and make changes to the Investment Policy as required by the Clause 10.4 of the attached TCorp Loan Agreement.

Recommendation

That Council:

1. Enter into a loan agreement, executed under the seal of Council, with New South Wales Treasury Corporation (TCorp) for the following loans (to be repaid over 10 years) that have been previously endorsed by the Council:

Loan #	Purpose of the Loan	Loan Amount
Loan 1	Moss Vale Road	2,861,200
	Mundamia Urban Release Areas	5,739,920
	Nowra Fire Control Roads	1,400,000
	Boongaree Park	9,000,000
	SCARP Project	2,532,500
Total Loan 1 (subsidised by Low-Cost Loan Initiative):		21,533,620
Loan 2	Shoalhaven Entertainment Centre Upgrade	4,805,158
Loan 2	SCARP Project	4,000,000
Total Loan 2 (General Fund not subsidised by Low-Cost Loan Initiative):		8,805,158
Loan 3	Waste Organic Processing / MRF	15,000,000
Total Loan 3 (Waste Fund):		15,000,000
TOTAL:		45,338,778

2. Endorse the following changes to the Investment Policy as required by Clause 10.4 of the TCorp Loan Agreement:

S & P Long Term Rating	Portfolio Limit		Counterparty Limit		Tenor Limit
S & P Long Term Rating	Current	Proposed	Current	Proposed	Current	Proposed
AAA	100%	100%	40%	100%	N/A	N/A
AA+ to AA-	100%	100%	30%	100%	N/A	5 years
A+ to A	60%	100%	15%	100%	N/A	3 years
A-	60%	40%	15%	20%	N/A	3 years
BBB+	30%	30%*	10%	10%	N/A	3 years
BBB		30%*		5%	N/A	12 months
BBB- and below Local ADIs		5%		5%	N/A	12 months
BBB- and below: Other		5%		$250,000	N/A	12 months
TCorp	100%	100%	100%	100%	N/A	N/A

* Of which no more than 10% in investments with a Long-Term Debt Rating of BBB.

Options

1. Adopt the recommendation in the report and changes to the Investment Policy.

Implications: Council will be able to take up loans and fund capital projects in accordance with the adopted 2020/21 Delivery Program and Budget.

2. Not adopt the recommendation and make an alternative resolution.

Implications: Council will need to seek borrowings from other financial institutions and pay higher interest on loans or delay capital works.

Background

As part of the Fit for the Future reforms, the NSW Government announced that councils who were declared “Fit” would be able to borrow funds from TCorp at reduced interest rates. Given that Shoalhaven City Council was deemed “Fit” in October 2015, it is eligible to utilise TCorp for borrowing funds at reduced rates for approved purposes.

Additionally, Council applied for Round 3 of the NSW Governments Low-Cost Loans Initiative (LCLI) aimed at accelerating the delivery of infrastructure development projects. A 50% rebate is provided to subsidise interest paid to fund local infrastructure.

Accordingly, Council applied to TCorp for approval to borrow $45,338,778 to cover General Fund (excluding Holiday Haven) and Waste Fund loan borrowing requirements out of which, $21,533,620 relates to LCLI.

Council requested quotes from various financial institutions including National Australia Bank, Commonwealth Bank, Westpac Banking Corporation, ANZ Bank and other smaller Banks such as: Bendigo and Adelaide Bank, Suncorp-Metway, Bank of Queensland, Macquarie Bank and AMP Bank.

TCorp’s indicative rate of 1.79% was the most favourable of all the responses received. The second lowest indicative interest rates was 1.968%.

Loan 1 was endorsed by Council on 28 July 2020: “Funding Local Infrastructure Projects with the Application of the Low-Cost Loan Initiative (LCLI) Round 3”.

Loans 2 and 3 were approved in principle by Council as a part of the 2020/21 Delivery Program, Operational Plan and Budget adopted on 30 June 2020.

The summary of the proposed borrowings along with the estimated interest expenditure and LCLI subsidy revenue is summarised below:

Loan #	Project	Loan Amount (A)	Estimated Annual Interest (B)	Estimated Annual Low-Cost Loan Subsidy Amount (C)	Annual Net Cost to Council (B-C)
1	Moss Vale Road	2,861,200	51,215	25,608	25,608
1	Mundamia Urban Release Areas	5,739,920	102,745	51,371	51,371
1	Nowra Fire Control Roads	1,400,000	25,060	12,530	12,530
1	Boongaree Park	9,000,000	161,100	80,550	80,550
1	SCARP project	2,532,500	45,32	22,666	22,666
2	SCARP project	4,000,000	71,600	-	71,600
2	Cultural Centres SEC Upgrade	4,805,158	86,012	-	86,012
3	Waste Organic Processing / MRF	15,000,000	268,500	-	268,500
	Total	$45,338,778	$811,564	$192,726	$618,838

It is important to note that out of $45.3M of new borrowings, $12.5M of principal repayments will be funded by the Section 7.11 Recoupment Reserve, $15M from the Waste Reserve and $17.8M from the General Fund.

The estimated total cost of the interest on new borrowings over 10 years is $6.2M: $1.1M funded from Section 7.11, $2.4M by the General Fund and $2.7M by Waste Reserve as summarised in the 10 year projections table below:

Loan #	Project	Loan Amount $	Total Interest over Life of the Loan (Net of Subsidy) $	Funding Source $
1	Moss Vale Road	2,861,200	256,080	S7.11
1	Mundamia Urban Release Areas	5,739,920	513,710	S7.11
1	Nowra Fire	1,400,000	125,300	S7.11
1	SCARP project	2,532,500	226,660	S7.11
	Total Funded by S7.11 Recoupment Reserve:	12,533,620	1,121,750
1	Boongaree Park	9,000,000	805,500	General Fund
2	SCARP project	4,000,000	716,000	General Fund
2	SEC Upgrade	4,805,158	860,120	General Fund
	Total Funded by General Fund:	17,805,158	2,381,620
3	Waste Organic Processing / MRF	15,000,000	2,685,000	Waste Fund
	Total Funded by Waste Reserve:	15,000,000	2,685,000
	Total	45,338,778	6,188,370

It is important for Council to gain the best interest rates on borrowings and locking this agreement in place will ensure the lowest interest rate available for the full term of the loan agreement.

However, for the Council to meet the conditions of the T-Corp Loan Agreement Council is required to make changes to the Investment policy as outlined in Clause 10.4 of the Agreement (Attachment 1).

Required changes to the Investment Policy

In accordance with Clause 10.4 of the Loan Agreement, T-Corp requested following changes to the Council’s current Investment Policy. It is important to note that these are the standard requirements for all Councils that borrow from T-Corp.

Independent investment advisor, CPG, reviewed the current Investment Policy and updated it based on the requirements from T-Corp. Other minor changes were made to the policy to improve its readability and relevance. All of the proposed changes to the Investment Policy are also highlighted in yellow in Attachment 2 – Investment Policy (Updated 2021).

In summary the changes are:

- Adjustments to the Portfolio Limits:

o For A+ to A rated financial institutions from 60% to 100%

o For A- rated financial institutions from 60% to 40%

o Adding additional 10% sub-limit for BBB rated financial institutions

o For BBB- and below rated financial institutions from 30% to 5% (previously 30% portfolio limit applied to BBB category as a whole)

- Adjustments to the Counterparty Limits:

o For AAA rated financial institutions increasing limit from 40% to 100%

o For AA+ to AA- rated financial institutions increasing limit from 30% to 100%

o For A+ to A rated financial institutions increasing limit from 15% to 100%

o Splitting counterparty limits for BBB category: from 10% for all BBB category to 10% for BBB+, 5% for BBB and BBB- and below Local ADIs and $250,000 for BBB- and below other than Local ADIs

- Establishing specific Tenor Limits for each of the rating categories:

o Maximum term of 5 years for AA+ to AA- investments

o Maximum term of 3 years for A+ to BBB+ investments

o Maximum term of 12 months for BBB and below rated investments

Please refer to the table below for a comparison between current and the new proposed Investment Policy.

S & P Long Term Rating	Portfolio Limit		Counterparty Limit		Tenor Limit
S & P Long Term Rating	Current	Proposed	Current	Proposed	Current	Proposed
AAA	100%	100%	40%	100%	N/A	N/A
AA+ to AA-	100%	100%	30%	100%	N/A	5 years
A+ to A	60%	100%	15%	100%	N/A	3 years
A-	60%	40%	15%	20%	N/A	3 years
BBB+	30%	30%*	10%	10%	N/A	3 years
BBB		30%*		5%	N/A	12 months
BBB- and below Local ADIs		5%		5%	N/A	12 months
BBB- and below: Other		5%		$250,000	N/A	12 months
TCorp	100%	100%	100%	100%	N/A	N/A

* Of which no more than 10% in investments with a Long-Term Debt Rating of BBB.

These changes will have limited impact on Council’s investment returns based on the current portfolio allocation. Council will have additional savings in loan repayments of $45,000 per annum when comparing TCorp to the next best offer.

It is noted that Council holds some BBB rated investments outside of new tenor limits. These existing investments will not be terminated and can be held until maturity.

It is also important for the Councillors to note that management has requested an exception from TCorp regarding the tenor limits for Investments in A+ rated financial institutions to remain 5-years rather than 3 years. Management noted that other Councils have received waivers to continue long-standing investment programmes that include liquid assets, hence, Council requested for an amendment of the A+ category from 3-year tenor limit to 5 years. This request will be tabled at the next TCorp Credit Committee meeting and if successful, this will be reported to Council in a future monthly investments report.

Community Engagement

Community consultation is not required for the proposed changes to the Policy.

Ordinary Meeting – Tuesday 25 May 2021

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CL21.95 Investment Report - April 2021

HPERM Ref: D21/199118

Department: Finance

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Monthly Investment Report Shoalhaven City Council - April 2021 (under separate cover) ⇨

Reason for Report

This report is being submitted directly to the Ordinary Meeting due to the report from Council’s investment advisors not being available in time for the Strategy and Assets Committee meeting.

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 30 April 2021 be received for information.

2. Council note Council’s Investment Portfolio returned 1.17% for the month of April 2021, exceeding the benchmark AusBond Bank Bill Index (0.04% pa) by 113 basis points (1.13%).

Options

1. The report on the Record of Investments for the period to 30 April 2021 be received for information.

Implications: Nil

2. Further information regarding the Record of Investments for the period to 30 April 2021 be requested.

Implications: Nil

3. The report of the Record of Investments for the period to 30 April 2021 be received for information, with any changes requested for the Record of Investments to be reflected in the report for the period to 31 May 2021.

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 1.17% for the month of April 2021, exceeding the benchmark AusBond Bank Bill Index (0.04% pa) by 113 basis points (1.13%).

Council’s relative outperformance expanded through the falling rate cycle mainly due to longer dated deposits with yields around 1.4%, which is far above any available deposit. The outperformance of Council’s Investment Portfolio continues to 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 – April 2021

The following table shows the interest earned for the month of April 2021. The interest earned for the month of April was $164,424, which was $76,972 below the current budget.

Fund	Monthly Budget	Actual Earned	Difference	Revised Budget	Revised Difference
General	$192,411	$84,919	($107,492)	$157,068	($72,149)
Water	$62,137	$48,804	($13,333)	$58,849	($10,045)
Sewer	$29,534	$30,701	$1,167	$25,479	$5,222
Total	$284,082	$164,424	($119,658)	$241,396	($76,972)

Interest Earned - Year to Date

The COVID-19 pandemic has subsequently reduced Council’s cash balance, which has resulted in a lower interest income than was budgeted for in the General Fund. In addition, the official cash rate is at a historic low of 0.1%.

The September and December Quarterly Budget Reviews resulted in a reduction in the interest income budget for the General Fund for the first and second quarters. The impact of these events on interest revenue continues to be monitored with necessary adjustments to be reported in future quarterly budget reviews.

The following table shows how the actual amount of interest earned year to date has performed against the total budget forecast with 83% of the year to date, the interest earned to the month of April was $1,984,004, 67.55% of the current full year budget.

Fund	Original Total Annual Budget	Actual YTD	% Achieved	Revised Budget	Revised %
General	$2,341,000	$1,064,375	45.47%	$1,911,000	55.70%
Water	$756,000	$571,674	75.62%	$716,000	79.84%
Sewer	$359,333	$347,956	96.83%	$310,000	112.24%
Total	$3,456,333	$1,984,005	57.40%	$2,937,000	67.55%

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

Cash and Restricted Assets

RECORD OF INVESTMENTS
Cash and Investment Balances

	April 2021	March 2021
Cash and Investments Held
Cash at Bank - Transactional Account	$6,221,883	$6,455,369
Cash on Hand	$28,191	$28,191
Other Cash and Investments	$173,721,628	$176,842,131
	$179,971,702	$183,325,690

Fair Value Adjustment	$507,593	$519,491
Bank Reconciliation	$479,058	$570,820
	$986,651	$1,090,311

Book Value of Cash and Investments	$180,958,353	$184,416,002

Less Cash & Investments Held in Relation to Restricted Assets
Employee Leave Entitlements	7,923,913	7,923,913
Land Decontamination	381,906	387,105
Critical Asset Compliance	1,361,327	1,374,158
Other Internal Reserves	4,441,111	4,557,547
Section 7.11 Matching Funds	311,169	311,169
Industrial Land Development Reserve	2,819,712	5,077,630
Plant Replacement	3,221,009	3,211,349
S7.11 Recoupment	20,038,942	20,085,039
Commitment to Capital Works	1,878,293	1,925,448
Property Reserve	1,121,179	1,129,893
Total Internally Restricted	43,498,561	45,983,251

Self-Insurance Liability	2,208,277	$2,219,087
Grant reserve	3,747,580	$4,685,647
Section 7.11	16,624,674	$16,034,960
Special Rate Variation	4,998,810	$5,453,984
Storm Water Levy	1,002,693	$1,048,207
Trust - Mayors Relief Fund	77,280	$77,267
Trust - General Trust	3,014,442	$2,984,986
Waste Disposal	13,047,277	$13,438,160
Sewer Fund	34,918,765	$30,786,250
Sewer Plant Fund	3,736,029	$3,633,151
Section 64 Water	20,936,047	$20,832,412
Water Fund	23,625,356	$26,933,977
Water Communication Towers	2,338,168	$2,350,603
Water Plant Fund	4,438,491	$4,598,556
Total Externally Restricted	134,713,889	$135,077,247

Total Restricted	178,212,450	$181,060,498

Unrestricted Cash and Investments
General Fund	$2,745,903	$3,355,504

Restricted Asset Movements

The table below lists the major movements in Restricted Assets:

Total Cash	-3,457,649	April was not a rates instalment month
Industrial Land Development Reserve	-2,257,918	Purchase of 3 Schofields Lane Purchase $1.8M
Grants reserve	-938,067	Expenditure on Foreshore Precinct rehabilitation and Currarong blackspot program
Sewer Fund	4,132,515	Reclassification of Water Digital work project from Sewer fund to Water fund
Water Fund	-3,308,621	Reclassification of Water Digital work project from Sewer fund to Water fund
Unrestricted cash	-609,601	April was not a rates instalment month

Projects Funded from General Fund Balance

As at the end of April 2021, Council has a list of projects funded from General Fund cash balance and for which grants have not yet been fully received. The total amount of the projects funded from the General Fund balance was $3.6 million. Below is the list of the Top 5 projects in this category.

Projects	Amount ($)
Currarong Road - Blackspot Program	$1,081,885
Shoalhaven Heads River Rd Foreshore Precinct Rehabilitation	$640,444
School Creek Bridge Disaster Assistance Rebuild	$359,398
Boongaree - Building Better Regions	$329,126
Woollamia Maritime - Pontoons West and Revetment	$264,935

It is noted that the Council was successful in acquiring low interest loans from T-Corp with the loans being approved by the T-Corp Credit Committee. The offer of the loans is currently in progress and will be the subject of Council approval at this Ordinary meeting. Upon acceptance of the Loan Agreement, Council will be able to draw down on the loans and replenish the General Fund Loans Reserve.

COVID-19 Impact

As at 30 April 2021, 7.49% of properties (4,413) were in default compared to 10.54% as reported on 31 March 2021. The total overdue amount stands at $7.3M. This is a slight improvement in outstanding rates comparing to previous years.

Despite the negative impact of COVID-19, Council continues to maintain a sufficient level of working capital and management closely monitors the 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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Olean Tulubinska Date: 19 April 2021

Ordinary Meeting – Tuesday 25 May 2021

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CL21.96 Proposed Submission - Review of Clause 4.6 of the Standard Instrument LEP

HPERM Ref: D21/174432

Department: Strategic Planning

Approver: Robert Domm, Director - City Futures

Attachments: 1. Draft Clause 4.6 Submission - Standard Instrument LEP ⇩

Reason for Report

This report is being presented to Ordinary Meeting due to the relatively short timeframes associated with making a submission (end May 2021).

Advise of the public exhibition by the NSW Department of Planning, Industry and Environment (DPIE) of an Explanation of Intended Effect (EIE) for proposed changes to clause 4.6 of the Standard Instrument Local Environmental Plan and obtain endorsement to make the submission at Attachment 1.

Recommendation

That Council make a submission (Attachment 1 of this report) to the NSW Department of Planning, Industry and Environment in relation to the proposed changes to clause 4.6 of the Standard Instrument Local Environmental Plan.

Options

1. Endorse Attachment 1 as Council’s submission on the proposed changes to clause 4.6 of the Standard Instrument Local Environmental Plan.

Implications: This is the preferred option as it will enable Council to provide a submission highlighting matters that should be considered.

2. Amend Attachment 1 and include additional comments as necessary and submit.

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

3. Not make a submission.

Implications: This is not recommended as it would prevent Council from having any input and the opportunity to identity issues for consideration or resolution would potentially be missed.

Background

The NSW Government is committed to the ongoing improvement of the NSW planning system to ensure it is easy to use and understand, promotes strategic planning and integrity, and reduces the risk of corruption. As part of this, DPIE is seeking feedback on how to improve the way clause 4.6 of the Standard Instrument LEP operates and provide certainty to Councils and industry.

Clause 4.6 of the Standard Instrument LEP provides flexibility in the application of development standards in certain circumstances, allowing local Councils to approve a variation to development standards.

An Explanation of Intended Effect (EIE) for the proposed changes to clause 4.6 was on exhibition between 31 March and 12 May 2021 on the NSW Planning Portal at the following link:

https://www.planningportal.nsw.gov.au/variations-review

DPIE has received feedback from Councils and industry stakeholders that the interpretation of clause 4.6 over time has resulted in a convoluted and unclear application of clause 4.6, contributing to delays and cost burdens in the development application process and resourcing implications for local councils and the courts.

The current review also cites the recent NSW Independent Commission Against Corruption (ICAC) Inquiry into allegations of impropriety at Canterbury Council (Operation Dasha) and concerns that varying development standards can dilute transparency in the planning system and subsequently open up opportunities for corruption.

In response to issues, the proposed changes to clause 4.6 of the Standard Instrument LEP aim to clarify the requirements for varying development standards and improve transparency and accountability in the planning system.

The proposed changes (part 4 of the EIE) include the following:

· A revised “planning outcomes test” requiring the consent authority to be directly satisfied that the applicant’s written request demonstrates the following essential criteria in order to vary a development standard:

i. the proposed development is consistent with the objectives of the relevant development standard and land use zone; and

ii. the contravention will result in an improved planning outcome when compared with what would have been achieved if the development standard was not contravened. In deciding whether a contravention of a development standard will result in an improved planning outcome, the consent authority is to consider the public interest, environmental outcomes, social outcomes or economic outcomes.

· An alternative test for minor variations where a “improved planning outcome” is difficult to establish but the impact is negligible. Feedback is being sought for the development of this test.

· Removing the ability of Councils to exclude provisions from the operation of clause 4.6. These exclusions are currently listed under clause 4.6(8) of Shoalhaven’s LEPs.

· Strengthening reporting and monitoring by requiring councils to publicly publish their reasons for granting or refusing a clause 4.6 variation on the NSW Planning Portal. The requirement for concurrence will also be removed.

· A range of guidance materials will be released to support the roll out of the new clause 4.6.

Draft Council Submission

It is recommended that Council make a submission on the proposed changes to clause 4.6.

The proposed Council submission (see Attachment 1) provides comments on the changes proposed in the EIE. The key comments in the proposed submission are summarised as follows:

· The general intent of facilitating variations to development standards in order to optimise planning outcomes is supported; however, a flexible approach must always begin with an emphasis on compliance. “Exceptional circumstances” should remain the standard.

· Variations permitted under a revised test must always serve the planning objectives for the site, and these objectives will need to be clearly articulated.

· An alternative test will assist in allowing minor variations where appropriate, provided that terms are clearly defined and issues with precedent are properly considered.

· Any changes to 4.6(8) to remove exclusions are generally not supported as they reduce the ability of Council to manage local development controls, create risk that inappropriate concessions will be sought, and may necessitate a substantial review of existing controls.

· There is an opportunity to streamline assessment and reporting through the Planning Portal. If the proposed reforms are implemented there may also be an opportunity for Shoalhaven to revisit the creation of a local planning panel available for referral of any application or relevant applications that requires assessment under clause 4.6.

· Terminology to be introduced in any new test must be very clearly defined otherwise courts will “fill the gaps”.

A ‘draft’ copy of this submission has been lodged with the Planning Portal in order to meet the 12 May deadline. DPIE has advised that a Council-endorsed submission submitted after the deadline will also be accepted and considered.

Conclusions

The proposed changes to clause 4.6 are intended to allow flexibility in the application of development standards to achieve improved planning outcomes. The stated intent of the changes is generally supported from a planning perspective but flexibility and greater subjectivity in development assessment must be carefully managed. The quality of guidance materials will be crucial to implementing the revised clause.

The changes should also not diminish the ability of Council to manage the appropriate application of development standards.

Community Engagement

The EIE was on public exhibition between 31 March and 12 May 2021 to provide an opportunity for Council, community members and industry stakeholders to provide comments and feedback.

The timeline for implementing the new clause, or whether the draft clause will also be exhibited, is not clear.

Policy Implications

The revised clause will have implications for the assessment of development applications and reporting requirements. The changes may ultimately require the reconsideration and rewriting of a number of provisions in SLEP 2014 to accommodate the changes.

The EIE proposes a one year transition period to allow Councils to review development standards and related objectives and progress planning proposals if necessary.

Financial Implications

The proposed changes may necessitate additional work reviewing and rewriting sections of Shoalhaven Local Environmental Plan 2014 to ensure these controls continue to operate as intended.

Risk Implications

Some clauses currently excluded from variations under clause 4.6 already provide concessions or variations to overarching development standards. There is a risk that allowing variations of these provisions will see a ‘doubling up’ of concessions sought by developers, or possible variations to State Infrastructure Contribution requirements.

Ordinary Meeting – Tuesday 25 May 2021

Page 0

CL21.97 Proposed Submission - NSW Planning Reforms - Building Business Back Better

HPERM Ref: D21/177486

Department: Strategic Planning

Approver: Robert Domm, Director - City Futures

Attachments: 1. Draft Submission - Building Business Back Better (under separate cover) ⇨

Reason for Report

This report is presented to the Ordinary Meeting due to the timeframes associated with making a submission (May 2021).

Advise of the public exhibition by the NSW Department of Planning, Industry & Environment (DPIE) of an Explanation of Intended Effect (EIE) for proposed amendments to the NSW planning system relating to complying development pathways for employment lands and obtain Council endorsement to make the submission at Attachment 1.

Recommendation

That Council:

1. Endorse the draft submission on the proposed planning reforms related to amendments to complying development pathways for employment lands (Attachment 1) so it can be finalised and sent to the NSW Department of Planning, Industry & Environment for consideration.

2. Request further consultation/engagement regarding the proposed reforms before they are finalised.

3. Receive future reports, if required, to enable further comment on the detail of the proposed planning reforms.

Options

1. As recommended.

Implications: This is the preferred option and will enable Council to provide a submission highlighting matters that should be considered in relation to the proposed reforms.

2. Make changes to the draft submission (Attachment 1) and submit.

Implications: Will still enable a submission to be made, however, the implications of any possible changes are unknown and may require closer consideration or refinement.

3. Not make a submission.

Implications: This is not favoured as it will mean Council does not provide input on the proposed reforms which could have a range of implications.

Background

The NSW Government is currently proposing amendments to the NSW planning system to:

· Provide a streamlined assessment pathway for job-creating development, where the environmental impacts are well understood and managed through development standards.

· Expand the complying development pathway provisions in employment zones to support existing and emerging business, such as data centres and circular economy, so that more activities can be undertaken without the need for a development application.

· Ensure planning and building standards can be signed off by an accredited certifier.

· Support emerging and local business social and economic recovery.

The reforms area aimed at stimulating development and employment opportunities following the COVID-19 pandemic, utilising the planning system as a tool to accelerate the delivery of projects, create jobs, and keep the economy moving.

A copy of the proposed amendment package can be viewed at the following link:

https://www.planningportal.nsw.gov.au/building-business-back-better

To support the above objectives, DPIE are proposing two areas of reform in relation to employment lands:

· Complying development reform.

· Employment zone reform.

In order to achieve this, the EIE, which is the key component of the exhibition package, outlines proposed amendments to the following instruments:

· State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP).

· State Environmental Planning Policy (Infrastructure) 2007 (ISEPP).

· The Standard Instrument (SI) Local Environmental Plans (LEP).

The amendments to Codes SEPP intend to streamline the assessment process for industrial and commercial development using complying development pathways. This proposed change to the SEPP is intended to take effect in mid-2021.

The second aspect of the package relates to an employment zone reform. The proposed policy reforms relate to industrial (IN) zones and business (B) zones only and intends to enable Councils to align strategic planning outcomes more clearly with zone objectives and land use tables. As part of the proposed zone reform, the SI LEP will be amended (following public exhibition in mid-2021) to introduce the new framework. Implementation will be staged from September 2021 until mid-2022 using self-repealing SEPPs to amend all Council LEPs.

A summary of the proposed changes in the package is provided below:

· Amendments aim to address problems with the current configuration of change of use, first use provisions and the separate listings for uses that can undertake additions, alterations or new builds.

· Reform package proposes a new approach to complying development for existing and emerging employment-generating business and industry. This includes allowances for a new and expanded range of land uses to be introduced to the Codes SEPP, considered suitable for utilising the complying development pathway, this includes:

o Industrial and warehousing developments

o Commercial and retail development

o Healthcare and medical research facilities

o Business parks and enterprise precinct

o Neighbourhood and local centres

o Data Centres

o Master planning

· DPIE is also consulting on ‘business agility’ amendments, such as:

o Permitting hours of operation from 7am to 10pm, irrespective of existing consent requirements (such as the intrusiveness and amenity criteria from the Noise Policy for Industry).

o Permitting 24-hour operation in industrial zones, irrespective of existing consent requirements.

· Additionally, where a land use is permitted within the zone under LEP, a complying development certificate can authorise a new build, alteration, addition or change of use or a combination of these things – i.e. change of use and additions.

· Part C of the EIE proposes a range of zone-based building controls via the introduction of a new business zone design guide and design verification process. This includes new building allowances for commercial buildings up to 5 storeys in some zones. Some revised industrial zone building standards are proposed for zones IN1 to IN3, including:

o Increasing allowable floor area from 20,000m² to 50,000m², subject to existing LEP Floor Space Ratio (FSR) controls.

o Increasing allowable building height in zones IN1, IN2 and IN3 from 15m to 18m where the existing LEP height is less than 18m.

o Permitting building heights up to 45m where no LEP height limit exists, subject to other requirements.

Review comments

The proposed reforms have been reviewed by relevant sections of Council and the following comments reflect the feedback received.

The proposed reforms seek to introduce a number of changes and the following are generally supported:

· Allowing new builds and alterations and additions in business zones up to 10,000m² and five storeys within the B5, B6 and B7 zones, subject to existing LEP height, FSR and landscaped area controls as complying development. This would be subject to development standards being met and no land-based exclusions being present.

· Master planning pathways for Councils.

· New and consistent land use term to assist private certifiers characterise development.

However concerns have been identified in relation to the proposed changes and potential impact on both Council and the broader community, including;

· The reforms appear to be ‘metro-centric’ in nature. Industrial estates in Shoalhaven are relatively small compared to Sydney. Proposed amendments have the potential to change the existing character/nature of development in an area and many of the controls may not be achievable in Shoalhaven.

· Increases exempt and complying development and development without consent which will mean that the community/adjoining owners will have less opportunities to have a say.

· Enabling any land use that is permissible within the relevant LEP zone to be undertaken as complying development will almost render the development assessment process for several land uses null-and-void.

· Enabling commercial premises in the B5 to B7 zones has the potential to further attract retail premises from town centres. Whilst this may not be an issue in metro areas, in some regional areas where vacancy rates are already high within traditional retail centres (for example Nowra CBD) this could have a significant or undesirable impact.

· Many B1 zones within Shoalhaven are small and within existing residential areas. Expanding the range of land uses permissible in this zone, to enable traffic generating development (i.e. medical centres, amusement centres) where parking is already limited, will potentially create issues for residents, particularly where no additional parking is required for existing buildings under 500m² with a complying development certificate for a change of use.

· The proposed increases to building heights and allowable floor areas are significant and have the potential to be out of character in regional areas. Many of the proposed setbacks may not be achievable, preventing some developments from utilising the Codes SEPP or creating situations where lots need to be amalgamated to achieve the intended outcome.

· Increasing state-wide Guidelines and the types of development that are permitted through the SEPP Review creates a range of concerns/confusion and may reduce the ability to consider development applications on their merit.

· Whilst the list of land uses is proposed to expand, the current planning standards within the Codes SEPP that relate to amenity (i.e. car parking, noise etc.) will remain the same. These are often deficient when compared to more robust planning controls, such as those within Development Control Plans (DCPs) and are not considered sufficient for traffic generating developments, such as medical centres and health consulting rooms.

· The intention to change hours of operation and permit 24-hour operation in industrial zones, irrespective of existing consents, has the potential to be problematic. Particularly where the original approval may also have been controversial, there were multiple community objections, or the site location is within proximity to a residential area.

· Minor external alterations to existing buildings within HCAs and on the site of listed local heritage items as exempt and complying development is not supported. The existing LEP clause 5.10(3) process works well.

· The assessment process and tools associated with Data Centres is concerning and needs more consideration and clarity.

· Enabling additional uses in the industrial and commercial zones will potential not facilitate growth and economic value add, but could facilitate undesirable planning outcomes and land use conflict.

For business growth to increase in industrial and commercial zones, the following actions would however assist:

· Telecommunications services - Metropolitan speeds and pricing.

· Seed funding to open undeveloped industrial zoned land.

· Addressing the impost of the NSW Biodiversity Conservation Act on the viability of subdivision and releasing industrially zoned land.

The proposed submission at Attachment 1 provides more detail on these concerns and other matters of interest to Shoalhaven.

Conclusion

Whilst Council is keen to develop and grow our employment lands, this must be done in an appropriate way. A ‘one-size-fits-all’ approach may work within the metropolitan area but is problematic and may not assist in regional areas.

There is also a need to make sure that any planning reforms in this regard consider and balance the potential adverse community etc impacts that could result.

Community Engagement

The EIE was on public exhibition between 31 March and 9 May 2021 to provide an opportunity for Council, the community and industry stakeholders to provide comments and feedback.

Due to reporting dates, a draft staff submission based on Attachment 1 was provided to DPIE on 9 May 2021 as a ‘placeholder’. The Council endorsed submission will then be provided following this meeting.

Policy Implications

In response to the proposed changes to Council LEPs and the Codes SEPP, the EIE outlines that the following amendments to the NSW planning system will be required:

· Environmental Planning & Assessment Regulation:

o A noise-compliance certificate must be submitted with a complying development application for a data centre.

o A design verification statement must be submitted with a complying development application for certain new buildings and additions in business zones.

o A master plan for complying development must be endorsed by the relevant Council before the minister considers it.

o Specified documentation that must be submitted with a complying development application under a master plan for complying development.

o Amendments to Schedule 3 to clarify that certain circular economy land uses are not designated development.

· Codes SEPP:

o Introduce savings and transitional provisions in relation to the proposed amendment to Codes SEPP, to ensure that current complying development certificate applications made under Part 5, 5A or 5B can be made.

· ISEPP:

o Update Division 3 ‘Data Storage’ of ISEPP to align with the proposed definition for data centres.

· The SI LEP:

o Introduce a definition for data centres.

Council will have another opportunity to consider the implications of the changes to the SI LEP during another period of public exhibition later in 2021. This change will have a direct impact on Council’s LEPs.

Financial Implications

There are no immediate financial implications for Council; however, Council’s Development Assessment Planners currently assess the majority of relevant commercial and industrial development across the LGA. With the increasing nature of complying development, the number of development applications that Council receives will be reduced, which will likely have both financial and resourcing implications for Council in the future.

Risk Implications

There are concerns that the increasing nature of exempt and complying development and development without consent, along with the expanding Codes SEPP means that the community is slowly having fewer opportunities to have a say as it reduces the community’s ability to consider development applications on their merit. Understanding the planning system and what is permissible where and how is a growing broader concern.

Ordinary Meeting – Tuesday 25 May 2021

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CL21.99 Report Back - Closure of Scenic Drive/Bridge Road Intersection, Nowra and Options

HPERM Ref: D21/175006

Department: Technical Services

Approver: Paul Keech, Director - City Services

Reason for Report

This report is being submitted directly to the Ordinary Meeting due to time constraints and the interactions with the Nowra Riverfront Advisory Taskforce.

Report back to Council on the October 2020 (MIN20.742) resolution and confirm the direction and next steps in this regard following the Council Briefing on 25 March 2021.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Accept that the Scenic Drive and Bridge Road intersection will remain closed as a result of the Shoalhaven River Bridge Project which has been designed to bring the bridge approaches much closer to Scenic Drive and Bridge Road intersection and thus would make this intersection unsafe.

2. Adopt Concept Plan 2315.07 (the land acquisition option) as its preferred alternative arrangement to the foreshore access provided by the Scenic Drive and Bridge Road intersection. This option has the following characteristics:

a. Consistent with the intent of the Nowra Riverfront Leisure and Entertainment Precinct: Strategic Direction Review and Analysis and Proposed Planning Controls Report.

b. Ballpark cost estimate of $4.5 million

c. Traffic Lights at the Bridge Road and Hyam Street Intersection

d. Roundabout at the intersection of Hyam Street and a new road servicing the Nowra Riverfront Leisure and Entertainment Precinct

e. Approximately 220m of new road construction

f. Property acquisitions

3. Seek confirmation that the NSW Government will commit to constructing Council’s preferred option as an alternative arrangement to the TfNSW’s forced closure of the Scenic Drive Bridge Road intersection before the Bridge Project is completed; noting that detailed work will be required to confirm the actual scope and cost of the works and this should be done by TfNSW in close consultation with Council’s CEO (Director City Services).

Options

1. Do Nothing

Advantages:

Nil

Disadvantages

· Increased traffic on Hyam St, Mandalay Street, Shoalhaven St, and Scenic Drive (West).

· Increased traffic negatively affecting the broader Nowra traffic network.

· Distance from current Scenic Dr/Bridge Rd Intersection to Nowra River Foreshore (Nowra Pool for reference) – 1.160km.

Note: route is Bridge Rd – Shoalhaven St – Scenic Dr. Mandalay Ave has not been included due to narrow width and high on street parking utilisation.

· Approximate time to travel from current Scenic Dr/Bridge Rd Intersection to Nowra River Foreshore (Nowra Pool for reference) by car – 3 minutes.

2. Support the Land Acquisition Option (As recommended)

Advantages:

· Traffic lights to manage the intersection of Bridge Rd and Hyam St.

· Distance from the existing Scenic Dr/Bridge Rd Intersection to Nowra River Foreshore (Nowra Pool for reference) – 0.510km

· Approximate time to travel from the existing Scenic Dr/Bridge Rd Intersection to Nowra River Foreshore (Nowra Pool for reference) by car – 1 minute, 30 seconds.

· Estimated cost pending investigation and design $4.5M

· The existing ground is likely to have solid foundation for road construction.

· This alignment is unlikely to have negative effects on the wider stormwater network.

· Consistent with the intent of the of Nowra Riverfront Leisure and Entertainment Precinct: Strategic Direction Review and Analysis and Proposed Planning Controls Report

Disadvantages:

· Increased traffic on Hyam St to the intersection with Keft Ave.

· Acquisition of private land including that of existing dwellings.

· Tree removal will be required to construct the road.

3. Support the Drainage Reserve Option

Advantages:

· Traffic lights to manage the intersection of Bridge Rd and Hyam St.

· Distance from the existing Scenic Dr/Bridge Rd Intersection to Nowra River Foreshore (Nowra Pool for reference) – 0.600km

· Approximate time to travel from the existing Scenic Dr/Bridge Rd Intersection to Nowra River Foreshore (Nowra Pool for reference) by car – 1 minute 45 seconds.

· Proposed road to be built on existing Council Land.

· More consistent with the Nowra Riverfront Leisure and Entertainment Precinct: Strategic Direction Review and Analysis and Proposed Planning Controls Report.

Disadvantages:

· Increased traffic on Hyam St to the intersection with Osborne St.

· Estimated cost pending investigation and design in excess of $4.5M

· The engineering challenges of building a road through and over a drainage reserve without having negative impacts on the wider stormwater network will increase the risk of additional funds and time being required.

· Tree removal will be required to construct the road.

Background

Following a Notice of Motion, it was resolved in October 2020 (MIN20.742) that:

1. Council make urgent representation to Transport for NSW regarding the closure of Scenic Dr Nowra, requesting a permanent reopening of Scenic Dr Nowra because of the adverse traffic impact the closure will have on the long term planning of the precinct, including the following:

a. The residential safety in other streets feeding the area (Hyam St, Mandalay Ave, Shoalhaven St and Scenic Dr)

b. The effect the closure will have on the economics of the operation of the Nowra Aquatics Centre.

c. The ability to hold events such as the River Festival.

d. Traffic safety around the Shoalhaven Hospital.

e. The long-term redevelopment of the area for tourist and high-density residential development.

f. The cost of the property acquisition and for the construction of a new access road into the precinct to overcome the effect of Transport for NSW's actions in closing Scenic Drive.

2. An urgent meeting be requested with the Hon. Shelley Hancock MP and the Hon. Gareth Ward MP and the Manager of Transport for NSW, to seek a reversal of the decision if Transport for NSW decline the request.

3. The CEO seek legal advice on the Council’s ability to challenge Transport NSW’s decision to close Scenic Drive in light of the above.

4. The CEO (Director City Services) prepare concept plans that include possible acquisition of land that would allow for the continuation of 2-way traffic into Scenic Drive.

This report covers actions arising from the most recent Council briefing on 25 March 2021 related to this resolution.

It also discusses the next steps regarding this issue, specifically provision of the required alternate new access into the precinct arising from the closure of Scenic Drive.

Council Briefing on 25 March 2021

The briefing Covered the following:

October 2020 – Representations to Transport for NSW (TfNSW)

Advised of the Council resolution and presented concept plan for alternate access into the area, with an estimated cost of $4.5 million and including the following:

1.Traffic Lights at the Bridge Road and Hyam Street Intersection

2. Roundabout at the intersection of Hyam Street and Keft Ave

3. Approximately 220m of new road construction

4. Property acquisitions

Requested that TfNSW fund the required outcomes as compensation for Scenic Drive/Bridge Road closure.

Map 1 - Plan that Accompanied Oct 2020 Letter

The briefing concluded with a discussion on need to:

· Settle a Council position on the Scenic Drive/Bridge Road intersection - preference is that it remains closed.

· Keep working to realise the new transport network - new access road/s into the precinct off Hyam Street.

· Request the NSW Government to provide funding to implement the new transport network.

December 2020 – TfNSW Response

TfNSW advised that the Intersection will remain closed due to safety concerns.

Closure option was discussed at a Council Briefing (March 2020) and in the detailed design exhibition (mid 2020).

Permanent closure allows safer use of foreshore for events, improved safety and reduced traffic management implications. TfNSW believe closure is consistent with the Riverfront Masterplan work.

TfNSW committed to continuing to work with Council, Health Infrastructure, local businesses, and community. They are happy to support further investigation of options and will continue to work with Council on an alternative funding source to progress this work.

February 2021 – Nowra Riverfront Advisory Taskforce Meeting (NRAT)

TfNSW reported that meetings had been held involving staff from TfNSW, Council, NSW Health, DPIE and NSW Ambulance.

Formal position was put to NRAT to endorse an agreed position not safe/appropriate to have direct vehicle access at Scenic Drive/Bridge Road and stakeholders will work on alternative transport network.

Council to consider detailed transport network for the precinct and present a refined concept to NRAT.

NSW Ambulance noted they did not typically use Scenic Drive and endorsed the agreed position re permanent closure.

The outcome of the meeting was:

· Council to organise briefing on the Scenic Drive Resolution paper provided by TfNSW – was held on with Councillors on 25 March 2021.

· TfNSW will continue to support Council in the development of an integrated future transport network that will support Council’s vision for the Riverfront Precinct.

2018/2019 Riverfront Masterplan

The masterplan for the broader riverfront precinct was adopted by Council in late 2018 and publicly released in 2019. It identifies a future potential urban outcome.

In the area west of the Highway the masterplan identifies the following potential catalysts for change

· New significant riverfront open space.

· Closure of Scenic Drive between river and pool.

· New access roads off Hyam Street into the precinct (also help define edges of open space)

Map 2 - 2019 Masterplan – Potential Urban Structure

Map 3 - 2021 Updated Potential Urban Structure – Presented to NRAT

Intersection of Bridge Rd and Hyam St

Council’s strategic modelling has identified the need to upgrade this intersection to address safety and effectively manage traffic associated with the CBD, the entertainment and administration precinct, Shoalhaven Hospital, and the river foreshore precinct. In 2020 Council commissioned studies to support an application to TfNSW for funding under the Safer Roads grant fund scheme to construct traffic lights. The studies include a Road Safety Audit and Traffic Modelling. The results of these studies are summarised below:

· Road Safety Audit – Generally recommends the installation of a roundabout or traffic signals.

· Traffic Modelling – The results indicate the closure of Scenic Drive will adversely impact the intersection of Bridge Road / Hyam Street, but this can be managed with a signalised treatment. It is also noted that in practice, typically pedestrians will start to experience difficulty crossing at intersections well before these thresholds are reached. It is good practice to signalise junctions where pedestrian accessibility is important ahead of when theoretical thresholds are reached.

Council submitted an application to TfNSW for funding under the Safer Roads grant fund scheme to construct traffic lights in September 2020. The application was not supported by TfNSW. TfNSW advised Council to consider a roundabout at this intersection.

Next Steps

There was a general consensus amongst the Councillors present at the briefing on 25 March 2021 that:

· The Scenic Drive/Bridge Road intersection will remail closed as a result of Shoalhaven River Bridge Project.

· NSW Government needs to commit to funding the new access road into the precinct off Hyam Street in the short term in lieu of the closure of the Scenic Drive/Bridge Road intersection (Note: this should not wait for the development of a wholistic new transport plan for the overall precinct).

There are essentially two potential options to realise the new access road/cul-de-sac into the precinct off Hyam Street in the short term that could have a similar cost, but different unknowns:

Option 1 – Land Acquisition Option

As shown conceptually on Map 1.

This option may be preferred as it is potentially easier to achieve from a construction perspective; however, it involves private land acquisition and there are unknowns in this regard (timing and cost).

This option is consistent with the masterplan in that it links Hyam Street to Scenic Drive between Mandalay St and Bridge Road.

Option 2 – Drainage Reserve Option

As shown conceptually on Maps 2 and 3.

This option utilises vacant/undeveloped land that is already in Council’s ownership (drainage reserve). It potentially provides a fall-back option should Option 1 prove difficult to realise.

This option is presented within the masterplan; however, there are unknowns around geotechnical and drainage considerations that would require closer investigation. Since the masterplan was published the complexities of this option have been further understood and thus it is now not the preferred option

Ordinary Meeting – Tuesday 25 May 2021

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CL21.100 Sanctuary Point District Library - Outcomes of Public Exhibition of Concept Design

HPERM Ref: D21/129354

Department: Community Planning & Projects

Approver: Jane Lewis, Director - City Lifestyles

Attachments: 1. Public Exhibition Document - Sanctuary Point District Library Concept Design (under separate cover) ⇨

2. Summary Report - Get Involved Page - Sanctuary Point Library Public Exhibition 31 March - 30 April 2021 ⇩

3. Summary of Survey Submissions - Public Exhibition 31 March - 30 April 2021 (under separate cover) ⇨

4. Consultant Report – Community Presentation Days (under separate cover) ⇨

5. Carparking Strategy ⇩

6. Design Changes to Concept ⇩

Reason for Report

This report is being submitted directly to the Ordinary Meeting due to the timings of outcomes from the community consultation and submission of the Development Application.

To report on the outcomes of the public exhibition and the broader community consultation of the concept design of the Sanctuary Point District Library as per part 3 of MIN21.126.

Recommendation

That Council:

1. Note the submissions provided on the concept design of the Sanctuary Point District Library for information.

2. Adopt the concept design, as publicly exhibited, with the following minor changes (as displayed in Attachment 5):

a. Research Room relocated

b. Stairwell relocated and shape changed to assist with mechanical reticulation

c. Breakup of sunshade on front of building

d. Solid precast wall incorporated to reduce heat

e. Technology Room relocated to north east corner

f. Corridor and lift relocated

g. A solid precast wall incorporated to manage heat gain / loss at front of building

3. Lodge a Development Application for the Sanctuary Point District Library on the corner of Paradise Beach Road and Kerry Street, Sanctuary Point as per MIN20.33 and MIN21.126.

4. Respond to the submissions and advise of Council’s decision.

5. Actively pursue any grant funding opportunities to assist with the delivery of the Sanctuary Point Library.

Options

1. Adopt the recommendation.

Implications: This will ensure that the project progresses in line with the Council minute and the community’s expectations.

2. Not adopt the recommendation.

Implications: This may see the project being delayed.

Background

On 9 March 2021, Council at the Strategy and Assets Committee Meeting resolved that (MIN21.126):

1. Council accept the report for information.

2. Council support the public exhibition of the Sanctuary Point District Library Concept Plan.

a. Where significant and adverse feedback is received, amend the design to address the issues raised as deemed necessary.

3. Council receive a further report at the conclusion of the public exhibition period.

4. Council endorse progressing to Development Application lodgement as per MIN20.33.

5. The construction of a new amenities block at Frances Ryan Reserve continue to be in the forefront of Council’s plan.

As per the above minute, the concept design for the Sanctuary Point District Library was placed on public exhibition from Wednesday 31 March to Friday 30 April 2021 (inclusive). The Public Exhibition Document is Attachment 1. The purpose of this report is to provide a report on the public exhibition outcomes as per part 3 of the above resolution.

Public Exhibition

The public exhibition of the concept design for the Sanctuary Point District Library ran from Wednesday 31 March to Friday 30 April 2021 (inclusive). The public exhibition was placed on Council’s Get Involved page, which included the concept designs with street views and floor plans, and video fly-through of the building and surrounding area. The concept designs were also available for viewing at the Nowra Administration Building, and at the five Shoalhaven Libraries including at Nowra, Sanctuary Point, Milton, Ulladulla, and the Mobile Library.

Council created a survey that was available on the website and hard copies available for people without internet access. A summary of traffic to the website is outlined in Attachment 2 noting there were 1,400 visits to the site. A total of thirty-four (34) submissions were received, with the majority supporting the project. A DL flyer was created informing of the public exhibition period and distributed throughout the Bay and Basin area and there was a direct mail out to all mailboxes in:

· Basin View

· Erowal Bay

· Huskisson

· Hyams beach

· Old Erowal bay

· Sanctuary Point

· St Georges Basin and

· Vincentia

The website details were shared through a number of community groups from Council’s Facebook page.

During the public exhibition period, the consultant’s engagement team (Danny Wiggins and Wes Hindmarch from Local Architect) with Council Staff undertook the following:

· Tuesday 13 April 2021 at the Bay and Basin Leisure Centre - one workshop was held with the External Stakeholder Group (made up of adjacent landowners, business owners / operators, Bay and Basin Community Consultative Bodies / community group representatives, and school representatives) – 9 representatives attended.

· Tuesday 20 April 2021 from 9.30am to 4.30pm on the library site at the corner of Kerry Street and Paradise Beach Road a community drop-in session was held, with copies provided of the proposed plans and video fly through. The community drop-in session was attended by over 60 people.

During the public exhibition period, a total of 37 survey submissions from 36 people (one person submitted via the website and a written submission) were submitted in the following formats:

· 34 online surveys

· 3 written submissions

A copy of the survey submission with Council Staff’s feedback is provided as Attachment 3.

The consultant has developed a report in relation to the external workshop and the drop-in session held. This is included as Attachment 4.

Council will inform all participants and submitters of the outcome of this report.

Summary of Issues

There was overwhelming support for the project and many comments enquiring about when it was going to be delivered and how excited they were to see the new library.

There was one main theme in the surveys and at the drop-in sessions:

· Carparking – concern over the potential loss or reduction in car parks / number of parking spaces.

The design of the Carparking and Strategy is included as Attachment 5. The carparking will see the addition of 40 spaces (including two disabled spaces) to address the libraries needs and a further 4 spaces in addition to the existing parking, providing a total addition of 44 spaces, this sees a nett increase of 4 car park spaces over and above those spaces required for the library. The requirements for disabled parking spaces will be addressed during the Development Application process and if more are required these will be incorporated into the plans.

The car park design also provides for the mobile library to visit the Sanctuary Point Library for pick up and drop off of books and equipment.

The other minor changes proposed to the design are as follows and detailed in Attachment 6:

· Research Room relocated to north east corner – to make way for new location of stairwell

· Stairwell relocated and shape changed – to assist with mechanical reticulation

· Breakup of the sunshade on front of building – to assist with artwork and heating

· Corridor and lift relocated

· A solid precast wall incorporated to reduce heat gain or heat loss at front of building.

Way forward/Next Steps

The consultants are working on the Development Application documentation and will be ready to submit to Council once this Council Report is endorsed by Council so that development consent can be obtained.

The allocated design phase budget will ensure that the Sanctuary Point Library Plans can be submitted for Development Application approval. We will then be in a position to apply for grant funding to assist with the delivery of the Library in conjunction with Councils allocated funding for development.

Council is developing an information brochure on the Library and its benefits to the community. This document will assist us to promote this project to our Federal and State Members and funding bodies to assist with any grant opportunities.

Ordinary Meeting – Tuesday 25 May 2021

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CL21.101 Crown Land Plans of Management - Progress to Public Exhibition

HPERM Ref: D21/147190

Department: Community Planning & Projects

Approver: Jane Lewis, Director - City Lifestyles

Attachments: 1. Draft Generic Plan of Management, Parks (councillors information folder) ⇨

2. Draft Generic Plan of Management, Sportsgrounds (councillors information folder) ⇨

3. Draft Generic Plan of Management, General Community Use (councillors information folder) ⇨

4. Draft Ulladulla Rotary Park Memorial, Plan of Management (councillors information folder) ⇨

5. Draft Millards Historic Cottage (275 Green Street, Ulladulla) Plan of Management (councillors information folder) ⇨

6. Draft Lady Denman Reserve Plan of Management (councillors information folder) ⇨

7. Draft Ulladulla Cemetery (Old), Plan of Management (councillors information folder) ⇨

8. Draft Nowra Showground Plan of Management (councillors information folder) ⇨

Reason for Report

To request Council’s endorsement to proceed with the public exhibition of the Plans of Management prepared by the City Lifestyles Directorate, as required by the introduction of the new Crown Land Management Act 2016, subject to the consent of the Department of Planning Industry and Environment (DPIE).

If, at the end of the public exhibition period, no significant adverse feedback is received the Plans of Management are deemed adopted and are submitted to DPIE.

If, at the end of the public exhibition period, Council receives significant adverse feedback a further report will be prepared to Council for consideration prior to adoption and submission of the Plans of Management to DPIE.

Recommendation

That Council:

1. Proceed to Public Exhibition of the Lady Denman Reserve Plan of Management.

2. Proceed to Public Exhibition of the following Plans of Management, upon receipt of Department of Planning, Industry and Environment consent:

a. Draft Generic General Community Use Plan of Management

b. Draft Generic Park Plan of Management

c. Draft Generic Sportsground Plan of Management

d. Draft Ulladulla Cemetery (Old) Plan of Management

e. Draft Rotary Park Ulladulla War Memorial Plan of Management

f. Draft Millards Cottage (275 Green Street, Ulladulla) Plan of Management

g. Draft Nowra Showground Plan of Management

3. Undertake Public Exhibition of the Draft Plans of Management in accordance with the Crown Land Management Act 2016 and Local Government Act 1993 for a minimum period of 28 days, and

a. If no significant adverse feedback is received as part of the public exhibition, the Draft Plans of Management be finalised and deemed adopted pursuant to section 38 of The Local Government Act 1993 and in accordance with 3.23(6) of the Crown Land Management Act 2016; or

b. If significant adverse feedback is received as part of the public exhibition of the Draft Plans of Management, Council receive a report of the outcomes of the public exhibition period prior to adoption.

4. Upon adoption of the Draft Plans of Management, forward a copy of the adopted Plan of Management to the Department of Industry, Planning and Environment for record purposes.

5. Rescind the following Plans of Management upon adoption of the new Plans of Management in Item 2 of this resolution:

a. White Sands and Voyager Park Plan of Management - D11/116122

b. Generic Park Plan of Management – D11/116070

c. Generic Sportsgrounds Plan of Management – D11/116074

d. Generic General Community Use Plan of Management – D11/116042

e. Ellmoos Reserve Plan of Management – D11/116038

f. Greenwell Point Foreshore Plan of Management – D11/116092

g. Huskisson Beach Moona Moona Creek Reserves Plan of Management – D11/116105

h. Kings Point Foreshore Plan of Management – D12/73453

i. Mollymook Beach Reserve Plan of Management – D11/116116

j. Nowra Showground Plan of Management – D11/116118 & D11/116120

k. O’Hara Head Reserve Plan of Management – D11/116121

l. Plantation Point Plan of Management – D13/51028

Options

1. Adopt the recommendation.

Implications: This will allow Council to fulfil its legal obligations under the Crown Land Management Act 2016.

2. Adopt an alternative recommendation.

Implications: Depending on the alternative recommendation, it may result in Council not meeting its legal obligations to prepare a Plan of Management for Crown Reserves where Council are Crown Land Manager under the new Crown Land Management Act 2016.

Background

In 2018, the Crown Lands Act 1989 was rescinded and replaced by the new Crown Land Management Act 2016 (CLM Act).

Section 3.26(6) of the CLM Act requires that Council adopt a Plan of Management (PoM) for any Crown reserve for which it is the appointed Crown land manager, and that is classified as ‘Community Land’ under the Local Government Act 1993.

The deadline set for the submission of the PoMs under Crown Land Management Act 2016 is 30 June 2021.

The March 2021 Crown Reserve Managers Newsletter included information and an update on NSW councils’ progress in completing the PoMs:

· 13% of councils have not categorised their Crown Reserves (Shoalhaven City Council have completed this step) and,

· 74% of councils have yet to submit a draft PoM (Shoalhaven City Council are at this stage).

This indicates that Shoalhaven Council is in a similar position to the majority of other councils throughout NSW. Council has dedicated resources – both internal staff and external consultants – to this project over the past two years. The scope of work to achieve this is considerable.

Council was required to submit ‘Initial Categorisation’ prior to developing a Draft Plan of Management. Council submitted Initial Categorisations in July 2019. In November 2019, the guidelines surrounding how Initial Categorisations were made changed, allowing Council to apply multiple categories to reserves with a single reserve purpose.

This change required Council to withdraw and resubmit the Initial Categorisations. Due to the requirement to apply multiple categories on a single reserve, Council was required to produce maps showing the splitting of categories. The Initial Categorisations were resubmitted in May 2020. On 1 September 2020 Council was notified by the DPIE of the approval of the Initial Categorisations.

The Generic Park, Sportsground, General Community Use, and the Ulladulla Site Specific Plans of Management had been drafted and were at an advanced stage in late 2020, despite the delays incurred through the Initial Categorisation process. Once confirmation had been received from the DPIE on the categorisation of land in September 2020 the Generic Plans of Management began to be finalised, with the new draft PoMs substantially prepared using the DPIE template and required format.

In February 2021, three new templates were released by the DPIE. These templates requested significantly more detail on the information to be provided. This resulted in the need to undertake a review and re-write the draft PoMs to date, to ensure they aligned with the new requirements and further information included and entered the new template. This re-write process has increased the time required to prepare the draft PoMs.

Throughout this process, despite changes in the requirements sought by the DPIE there have been no changes to the timeline set under legislation to adopt the new draft PoMs. Another process that has to be factored into the timeline for preparation of a draft PoM is the requirement to receive Native Title Manager advice.

In the March 2021 Crown Reserve Managers Newsletter, administered by DPIE, it was expressed that an extension to the deadline for PoM submission under the Crown Land Management Act 2016 was being sought. This was based on the feedback from NSW councils and considered factors such as COVID, natural disasters and bushfires. It was advised that an update on this would likely be received in April 2021, however Council is yet to receive an update on a possible extension.

Shoalhaven City Council (along with other NSW councils) considered it reasonable to make representations to the Crown Land Commissioner expressing support for the extension of this deadline from 30 June 2021 to the end of the calendar year – 31 December 2021. The amendment to the legislation has been drafted but not disclosed.

Given these circumstances, Council staff have continued to work towards the legislated timeline despite the changes made to the process.

To date Lady Denman Reserve draft PoM has been submitted to the DPIE for consent. The time from submission to receipt of consent from the DPIE took four months. There is no set timeframe for feedback to be received from the DPIE. However, it should be noted that the DPIE consent is required before a PoM can be placed on public exhibition.

The Crown Land Management Act 2016 requires that the new Plans of Management be in place for Council Managed Crown Land by 30 June 2021. Where a council is unable to submit the PoMs in accordance with the current timeframe set under the legislation will result in the need to undertake Public Hearings for every Plan of Management that covers a Council Managed Crown Reserve. A consequence of this is an inability to issue new leases and licences over Council Managed Crown Reserves with the exception of those short term or casual leases and licences outlined in below as per the Local Government (General) Regulation 2005 (Section 116) until a PoM is adopted by Council. It is anticipated that the consequences of this will be minimal for Council.

(1) For the purposes of section 46(1)(b)(iii) of the Act, the use or occupation of community land for the following events is prescribed as a purpose in respect of which a Council may grant a licence in respect of community land on a short-term, casual basis—

(a) the playing of a musical instrument, or singing, for fee or reward,

(b) engaging in a trade or business,

(c) the playing of a lawful game or sport,

(d) the delivery of a public address,

(e) commercial photographic sessions,

(f) picnics and private celebrations such as weddings and family gatherings,

(g) filming sessions,

(h) the agistment of stock.

Process

The legislation requires that the preparation of Plans of Management be undertaken in the following manner:

Step 1	Drafting the Plan of Management · The PoM should meet all the minimum requirements outlined in section 36(3) of the LG Act and identify the owner of the land. · Any activities (including tenure or development) to be undertaken on the reserve must be expressly authorised in the PoM to be lawfully authorised. · Council must obtain written advice from a qualified native title manager that the PoM and the activities under the PoM comply with the NT Act.
Step 2	Notifying the landowner · The department as the landowner is to be notified of the draft PoM prior to public exhibition of the plan under section 39 of the Local Government Act 1993 · Councils are required to seek the department’s consent to alter the categorisations in the draft PoM. The departments consent can be sought at the same time as notifying the landowner in the draft plan.
Step 3	Community consultation · Councils are required to publicly exhibit the PoM under section 38 of the Local Government Act 1993 · Where Council’s first PoM alters the initial categorisation, or where Council prepares a subsequent PoM that amends the previous plan, public hearings are required.
Step 4	Adopting a Plan of Management · Council resolution of a PoM that covers Crown Land should note that the PoM is adopted pursuant to section 40 of the Local Government Act in accordance with section 3.23(6) of the CLM Act. · Once Council has adopted the PoM, a copy of the adopted PoM should be forwarded to the department for record purposes.

Council has the option of preparing Generic or Site-Specific Plans of Management. Council’s City Lifestyles Directorate have prepared the following Generic and Site-Specific Plans of Management.

Generic Plans of Management

Generic Plans of Management have been prepared for Crown Reserves that have been categorised Park, Sportsground and General Community Use. A Generic Plan of Management for Crown Reserves that are categorised Natural Areas is being undertaken by the City Development Directorate and will be reported separately to Council.

Whilst the new legislation only applies to Crown Land, the Plans prepared continue to apply to land that is Council owned Community Land that is categorised Park, Sportsground and General Community Use accordingly, with the exception of Reserves that are covered by Site-Specific Plans of Management. Draft PoMs are proved to Councillors via the Councillor Information Folder. It should be noted that these are not public documents until they have received consent from DPIE to go on public exhibition. This consent is awaited.

All of these generic PoMs have been prepared and at time of writing are with the Native Title Manager for advice. Subject to advice from this review these are ready to be submitted to the DPIE and subject to consent of the DPIE the PoMs can be placed on public exhibition.

The Draft Generic Plan of Management for Parks covers 36 Crown reserves and 532 Council reserves. Preliminary consultation was undertaken from October to November 2020. During this time, a total of 19 survey responses were received in relation to the values, current uses, and future direction of Parks. The responses are reflected in the Draft General Plan of Management for Parks. The Draft Generic Plan of Management for Parks is provided at Attachment 1.

The Draft Generic Plan of Management for Sportsgrounds covers 10 Crown reserves and 133 Council reserves. Preliminary consultation was undertaken from October to November 2020. During this time, a total of eight survey responses were received in relation to the values, current uses, and future direction of Sportsgrounds. The responses are reflected in the Draft General Plan of Management for Sportsgrounds. The Draft Generic Plan of Management for Sportsgrounds is provided at Attachment 2.

The Draft Generic Plan of Management for General Community Use covers 35 Crown reserves and 275 Council reserves. Preliminary consultation was undertaken from October to November 2020. During this time, a total of 32 survey responses were received in relation to the values, current uses, and future direction of General Community Use Reserves. The responses are reflected in the Draft General Plan of Management for General Community Use. The Draft Generic Plan of Management for General Community Use is provided at Attachment 3.

Site-Specific Plans of Management

Site Specific Plans of Management have been prepared for a number of Crown Reserves including:

· Ulladulla War Memorial, Lions Park

· Millards Historic Cottage - 275 Green Street, Ulladulla

· Lady Denman Reserve

· Ulladulla Cemetery (Old)

· Nowra Showground

Ulladulla Rotary Park War Memorial

The site-specific Plan of Management has been prepared for part of the reserve due to the Reserve being categorised an Area of Cultural Significance, which is required by the Crown Land Guidelines due to the Reserve Purpose of War Memorial. The Plan of Management has been prepared by Council staff.

Figure 1 Splitting of Categories for R75456

Preliminary consultation was conducted from 21 October to 23 November 2020. This consisted of an online survey with notification sent to community groups and adjacent residents. The Draft Plan of Management is provided at Attachment 4.

Millards Historic Cottage (275 Green Street Ulladulla)

The site-specific Plan of Management has been prepared for part of the reserve due to the Reserve being categorised an Area of Cultural Significance, which is required by the Crown Land Guidelines due to the Reserve Purpose of Heritage Purposes. The Plan of Management has been prepared by Council staff.

Figure 2 Splitting of Categories for R700023

Lady Denman Reserve

The site-specific Plan of Management has been prepared due to the variety of leases/licences over the reserve and the unique user group arrangements over the Reserve. The Plan of Management has been prepared by a consultant engaged by Council. In preparing this PoM, consultation was undertaken with the Jervis Bay Maritime Museum / Lady Denman Heritage Complex Inc. This PoM has the consent of DPIE and can progress to public exhibition as per the recommendation.

Figure 3 Land Included in the Lady Denman Reserve Plan of Management

The Draft Plan of Management is provided at Attachment 6.

Ulladulla Cemetery (Old)

The site-specific Plan of Management has been prepared due to the Reserve being categorised as an Area of Cultural Significance, which is required by the Crown Land Guidelines due to the Reserve Purpose of Preservation of Graves. The Plan of Management has been prepared by Council staff.

Figure 4 Land Included in the Ulladulla Cemetery (Old) Plan of Management

Preliminary consultation was conducted from 21 October to 23 November 2020. This consisted of an Online survey with notification sent to community groups and adjacent residents. The Draft Plan of Management is provided at Attachment 7.

Nowra Showground Plan of Management

This Plan of Management has been prepared due to the various uses of the land and as an update the previous Nowra Showground Plan of Management. The Plan of Management has been prepared by Council staff, who are also in the process of preparing a Masterplan for the site that will follow the Plan of Management. The Masterplan for the site, in line with the PoM, which will guide future use and investment at the Showground.

Figure 5 Land Included in the Nowra Showground Plan of Management

The Draft Plan of Management is provided at Attachment 8.

All of these site specific PoMs have been prepared and are with the Native Title Manager for advice. Subject to advice from this review these are ready to be submitted to the DPIE. Subject to consent of the DPIE the PoMs are able to be placed on public exhibition.

Next Steps

The Lady Denman Reserve PoM has been referred to the DPIE and received consent. Pending the outcome of this report, this PoM is able to proceed to public exhibition. The other draft PoMs referred to in this report are – at time of writing - with the Native Title Manager for advice. Once this step is concluded they are to be referred to the DPIE.

Upon receipt of DPIE Consent Council is then able to place the documents on Public Exhibition under section 38 of the Local Government Act 1993, the Public Exhibition period will include a 28-day exhibition with a time of 42 days from the start of the exhibition period for submissions to be made.

Works are currently being undertaken on PoMs for:

· Kangaroo Valley Showground – this is being prepared by staff and is at the community consultation phase which is being facilitated by a consultant.

· Berry Showground and Master Plan – this is being prepared by a consultant and Council ae awaiting receipt of a draft. The community consultation process has been concluded.

· Milton Showground – this is being prepared by staff and is at the community consultation phase which is being facilitated by a consultant.

Dependent on the progress of the Native Title Manager advice (pending), submission to and consent from DPIE, Council may be required to follow the Public Hearing process unless the Department reviews and issues a revised timeline.

Policy Implications

The new Plans of Management that have been prepared will supersede any existing Plans of Management. These existing Plans of Management will need to be rescinded by Council. This specifically refers to the following:

· White Sands and Voyager Park Plan of Management

· Generic Park

· Generic Sportsgrounds

· General Community Use

· Ellmoos Reserve Plan of Management

· Greenwell Point Foreshore Plan of Management

· Huskisson Beach Moona Moona Creek Reserves

· Kings Point Foreshore Plan of Management

· Mollymook Beach Reserve Plan of Management

· Nowra Showground Plan of Management

· O’Hara Head Reserve Plan of Management

· Plantation Point Plan of Management

Where PoMs for specific sites identified above are being rescinded and replaced by a Generic PoM of a relevant category, it is recommended that future direction / development of these sites is to be managed using the master planning process as a more suitable approach were appropriate. Masterplans will still be required to be consistent with the relevant PoM, and any works must not result in any material harm to the reserve purpose of the Crown reserve.

Many of the current Plans of Management included Masterplan or Landscape Plan elements, this may be adapted into standalone Masterplans without being tied to the legislative requirements of a Plan of Management. However, there is likely to be a financial implication if new Masterplans are to be created for the above sites.

A further report will be prepared to council once the PoMs for Berry, Kangaroo Valley and Milton Showgrounds are completed.

Financial Implications

Crown Lands allocated $78,444 through the Council Crown Land Management - Plans of Management Funding Support Program, some of which were used to engage consultants to undertake various works required in the preparation of the Plans of Management.

Additional internal staff resourcing and budgets from the Community Planning and Projects team have also been used in the PoM review process in the City Lifestyles Directorate.

The costs associated with the public hearing for Berry Showgrounds PoM is included in the fee proposal from the engaged consultant undertaking the work.

The Community Planning and Projects budget will fund any public hearings (should the need arise) for Milton and Kangaroo Valley Showgrounds.

Risk Implications

Currently The Crown Land Management Act 2016 requires that the new Plans of Management be in place for Council Managed Crown Land by 30 June 2021.

Delay in obtaining DPIE consent and proceeding to public exhibition, is likely to result in in ability to meet the current timeline. This will result in the need to undertake public hearings for every Plan of Management that covers a Council Managed Crown Reserve, and inability to issue new leases and licences over Council Managed Crown Reserves with the exception of those short term or casual leases and licences outlined in below as per the Local Government (General) Regulation 2005 (Section 116).

(a) the playing of a musical instrument, or singing, for fee or reward,

(b) engaging in a trade or business,

(c) the playing of a lawful game or sport,

(d) the delivery of a public address,

(e) commercial photographic sessions,

(f) picnics and private celebrations such as weddings and family gatherings,

(g) filming sessions,

(h) the agistment of stock.

Should the timeline for submission not be revised and extended Council will have to engage a consultant to undertake a public hearing for any PoMs that are not adopted.

Ordinary Meeting – Tuesday 25 May 2021

Page 0

Local Government Amendment (governance & planning) act 2016

Chapter 3, Section 8A Guiding principles for councils

(1) Exercise of functions generally

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

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

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

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

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

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

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

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

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

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

(2) Decision-making

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

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

(b) Councils should consider social justice principles.

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

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

(3) Community participation

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

Chapter 3, Section 8B Principles of sound financial management

The following principles of sound financial management apply to councils:

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

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

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

(i) performance management and reporting,

(ii) asset maintenance and enhancement,

(iii) funding decisions,

(iv) risk management practices.

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

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

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

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

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

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

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

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

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

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

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

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

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

Funded Item	Estimated Cost ($, funded item determined from the facilities gaps reported by LEMO/REMO/LEOCON at the June 2020 survey)
Dedicated Internet infrastructure · Fast and reliable Internet connection specifically dedicated to EOC room	$83,400.00 per backbone EOC site
Enterprise printer · Enterprise, multi-function, B&W and coloured printer with A3 printing, email, and scanning capability	$7,500.00
Laptop with mobile data and standard applications · Approximately 4 x laptops	$12,000.00
AM/FM emergency radio	$100.00
Mobile satellite wi-fi modem + satellite phone	$8,840.00
ESTIMATED SUBTOTAL	$111,840.00
CONTINGENCY at 20%	$22,368.00
ESTIMATED TOTAL	$134,208.00