Agenda of Ordinary Meeting - 25 January 2022

Ordinary Meeting

Meeting Date: Tuesday, 25 January, 2022

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

Time: 5.00pm

Membership (Quorum - 7)

All Councillors

Note:

An Official Ceremony will be held from 3.30pm prior to the commencement of the Ordinary Meeting of the Council, which will include:

· Welcolme to Country

· Smoking ceremony and Yidaki performance

· Presentation of Mayoral Chains

· Mayoral oath and affirmation of office

· Councillor oaths and affirmations

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 Country

2. Opening Prayer

3. Australian National Anthem

4. Apologies / Leave of Absence

5. Confirmation of Minutes

· Ordinary Meeting - 2 November 2021

· Extra Ordinary Meeting - 23 November 2021

6. Declarations of Interest

7. Presentation of Petitions

8. Mayoral Minute

9. Deputations and Presentations

10. Notices of Motion / Questions on Notice

Nil

11. Committee Reports

Nil

12. Reports

CEO

CL22.1......... Declaration of Poll - Ordinary Election - Saturday 4 December 2021........... 1

CL22.2......... Retirement - Director City Development Phil Costello................................... 2

CL22.3......... Determination of Date and Time of Council Meetings and Councillor Briefings 4

City Performance

CL22.4......... Election of Deputy Mayor and Assistant Deputy Mayor.............................. 16

CL22.5......... Use of Countbacks to fill Casual Vacancies for Councillors........................ 24

CL22.6......... Instruments of Delegation - Mayor and Chief Executive Officer.................. 27

CL22.7......... Ordinary Meeting - Order of Business.......................................................... 40

CL22.8......... Community Consultation & Committee System........................................... 42

CL22.9......... LGNSW Special Conference 2022 - Voting Delegates and Motions.......... 45

CL22.10....... LGNSW Water Management Conference 2022.......................................... 60

City Development

CL22.11....... Variations to Development Standards - December Quarter 2021............... 62

13. Confidential Reports

Reports

CCL22.1...... Proposed Strategic Property Purchase - Nowra Riverfront Precinct

Local Government Act - Section 10A(2)(d)(ii) - Information that would, if disclosed, confer a commercial advantage on a competitor of the council.

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.

Ordinary Meeting – Tuesday 25 January 2022

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CL22.2 Retirement - Director City Development Phil Costello

HPERM Ref: D22/5110

Approver: Stephen Dunshea, Chief Executive Officer

Reason for Report

This report is being submitted directly to the Ordinary Meeting due to the retirement date of the Director City Development being 28 January 2022.

Recommendation

That Council note the retirement of Phil Costello, Director City Development and formally congratulate and thank Phil for his contribution to Shoalhaven City Council and the community during his period of employment with Shoalhaven City Council.

Background

After a long and distinguished career spanning some 40 years, Director City Development, Phil Costello has announced his much deserved retirement and will finish duties with Shoalhaven City Council on 28 January 2022.

Phil commenced with Council in August 2017 as Director Planning, Environment and Development with his diverse portfolio including leadership of Council’s Building and Compliance, Strategic Planning, Development and Environmental Services functions. The 2020 Organisational Review saw Phil transition to the position of Director, City Development and he has most diligently undertaken that role through to his retirement.

This is not the only time Phil has worked at Shoalhaven City Council. In 1997 Phil successfully applied for the position of Building Manager, bringing years of experience as Environmental Health Officer with the NSW Health Commission to Shoalhaven City Council. Other roles in Phil’s career have included Senior Health and Building Surveyor with Wyong Shire Council, Manager Environmental Services at Lockhart Shire Council, and a private business venture.

It has been a pleasure to work with Phil since I joined Council in 2018, initially as a colleague Director and more recently as his Chief Executive Officer. I have very much appreciated Phil’s steady and confident advice and I have called upon him many times to assist me in working my way through the many challenges that come with the planning, development and environmental services functions that Shoalhaven Council undertakes.

I’m sure that the Mayor and Councillors will agree with me that Phil’s guidance and advice on these matters, whilst full, frank and fearless, is always delivered in a most calm, confident and reassuring manner.

I commend Phil on the significant achievements he has made during his time with Council. Phil has led his team through significant challenges in recent years including the recovery efforts following the Currowan Fire of 2019/20 and the subsequent significant flooding events.

These devasting events were closely followed by the COVID-19 Pandemic which required urgent action to adapt work practices to ensure it remained ‘business as usual’ as much as possible with the majority of his team working remotely.

A good example of such adaptability being facilitating community consultation meetings on sensitive planning matters during the pandemic using digital technology. The active use of digital media under Phil’s watch has proven to be most beneficial - saving time and money for both staff and customers whilst at all times remaining COVID safe.

Other significant environmental achievements during Phil’s leadership include:

· Significant development of Coastal Management Programs required under the Coastal Management Act 2016.

· Worked with DPIE – Lands (Crown Lands) and DPI Fisheries to achieve tangible and pragmatic outcomes for intervention associated with the opening of Intermittently Closed and Open Lakes and Lagoons (ICOLLs), including Shoalhaven River, Lake Conjola and Tabourie Lake.

· Completed flood management studies, including for the Shoalhaven River and St Georges Basin, for the provision of technical information to NSW SES to protect communities associated with the flood risk.

· Implementation of Biodiversity Offset Schemes under the Biodiversity Conservation Act 2016 to enable a balanced approach between development and environmental enhancement.

Phil’s retirement also represents a loss to planning and environmental services more broadly in local government given his standing in the industry and the high regard in which his colleagues hold him.

We hope Phil takes with him fond memories of his time at Shoalhaven City Council and we wish him and Jill all the very best for the future

My thanks and appreciation are extended to Phil.

Ordinary Meeting – Tuesday 25 January 2022

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CL22.3 Determination of Date and Time of Council Meetings and Councillor Briefings

HPERM Ref: D21/241820

Department: Business Assurance & Risk

Approver: Stephen Dunshea, Chief Executive Officer

Attachments: 1. Proposed Meeting Schedule - Two Ordinary Meetings (Monday) ⇩

2. Proposed Meeting Schedule - Re- establishment of Core Committees of previous term of Council ⇩

3. Instruments of Delegation - Development & Environment Committee and Strategy & Assets Committee ⇩

Reason for Report

To consider options in setting the configuration of Core Committees and the time, date, and place for the Council meetings for February – October 2022.

Recommendation

That Council:

1. Adopt a schedule of Ordinary Meeting dates as per the attached schedule (Attachment 1 to this report) providing for two (2) Ordinary Council Meetings per month held on a Monday subject to the following:

a. Meetings and briefings not being held on public holidays or during the following periods:

i. LGNSW Special Conference – 28 February to 2 March 2022

ii. Easter break – 15 to 18 April 2022

iii. NSW Coastal Conference – 31 May to 2 June 2022

iv. Australian Local Government Association National General Assembly –19 to 22 June 2022 – (dates not confirmed)

v. Mid-year Council Recess - July 2022 NSW school holidays– 4 to 16 July 2022

vi. The 2022 Annual Conference of Local Government NSW - 23 to 25 October 2022 – (dates not confirmed)

2. Disestablish the “Core” Committees being the Development & Environment Committee and the Strategy & Assets Committee.

3. Reaffirm the authorisations to the Chief Executive Officer as set out in the report.

4. Determine the start time for Council meetings to be generally at 5.00pm.

5. Determine the start time for Councillor Briefings to be generally at 4.00 pm.

Options

1. Re-establish Core Committees of Development and Environment Committee and Strategy and Assets Committee as per the previous term of the Council.

Implications: To facilitate the Council’s consideration of this option, the following two documents have been attached to this report:

Attachment 2 – Proposed list of meeting dates for Core Committee and Ordinary Meetings (following the practice of the previous Council

Attachment 3 – Instrument of Delegations for the Development and Environment and Strategy and Assets Committees.

The effective re-establishment of the Core Committees with the same structure, function, delegation as the previous term of the Council will require the Council to make a resolution which addresses several key points. Wording for a suggested recommendation is outlined below should the Council wish to adopt this option. Based on initial conversations with councillors during induction sessions the CEO has been removed from membership in the below recommendation. Should significantly reworking of the dates of meetings be required or amendments be made to delegations of the Committee it is recommended that these be addressed in detail at a further meeting of the Council to ensure any changes are both practical and lawful.

The Council may consider it prudent at this time to re-establish the Committees of the previous term of Council for the period of February to September 2022 to retain continuity and allow new members of the Council to experience this Model before determining to apply a different model for the period of September 2022 to September 2023.

Option 1 Draft Recommendation – To establish Core and Council Meeting arrangements as per the previous term of Council

That Council:

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

a. Strategy and Assets Committee

b. Development and Environment Committee

2. The membership and quorums be set as follows:

a. Strategy and Assets Committee

· Membership

Mayor

All Councillors

· Chairperson has casting vote

· Quorum: Five (5)

b. Development and Environment Committee

· Membership

Mayor

All Councillors

· Chairperson has casting vote

· Quorum: Five (5)

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

a. Strategy and Assets Committee

i. Chairperson – INSERT NAME

ii. Deputy Chairperson – INSERT NAME

b. Development and Environment Committee

i. Chairperson – INSERT NAME

ii. Deputy Chairperson – INSERT NAME

4. The Delegations of the Strategy and Assets Committee and the Development and Environment Committees be as outlined in Attachment 3 to this report.

5. Adopt a schedule of Ordinary and Committee meeting dates as per the attached schedule (Attachment 2 to this report) providing:

a. A Three (3) week cycle of meeting dates per month, held on a Tuesday as follows:

i. Week 1 - Development and Environment Committee.

ii. Week 2 – Strategy and Assets Committee.

iii. Week 4 – Ordinary Meeting.

b. Meetings and briefings not being held during the following periods:

i. LGNSW Special Conference – 28 February to 2 March 2022

ii. Easter break – 15 to 18 April 2022

iii. NSW Coastal Conference – 31 May to 2 June 2022

iv. Australian Local Government Association National General Assembly –19 to 22 June 2022 – (dates not confirmed)

v. Mid-year Council Recess - July 2022 NSW school holidays– 4 to 16 July 2022

6. The 2022 Annual Conference of Local Government NSW - 23 to 25 October 2022 – (dates not confirmed)

7. Reaffirm the authorisations to the Chief Executive Officer as set out in the report

8. Determine the start time for Council and Committee meetings to be generally at 5.00pm

9. Determine the start time for Councillor Briefings to be generally at 4.00 pm

2. Not re-establish the Core Committees of the Council and opt to have two Ordinary Meetings of the Council per month as recommended and outlined in the report.

Implications:

A proposed meeting schedule for this arrangement is outlined in Attachment 1 to the report. There are several efficiencies this model may create outlined in the report.

3. Adopt a different framework or arrangement of Core Committees for the period of February to September 2022

Implications:

Should this option be pursued detail would need to be provided in a further report to the Council for formal adoption of the Council to ensure that a resolution with adequate detail and form is made by the Council and that any delegations afforded to the Committee are lawful. Recommended wording for a resolution is provided below for the Council:

Option 3 Draft Recommendation – To create a new framework of Core and Council Meeting arrangements

That Council:

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

2. A report be provided to an Ordinary Meeting of the Council to be held on (INSERT DATE) to clarify the purpose, function and delegation, and schedule of meetings including such Committees prior to their first meeting.

3. That Membership and Quorum of the Committee be as follows: (INSERT DETAIL))

4. That the Chairperson and Deputy Chairperson of the Committees be as follows:

5. Set the dates of the next Ordinary Meetings of the Council as follows (INSERT DETAIL)

6. Reaffirm the authorisations to the Chief Executive Officer as set out in the report

7. Determine the start time for Council and Committee meetings to be generally at 5.00pm

8. Determine the start time for Councillor Briefings to be generally at 4:00 pm

Background

Council’s Code of Meeting Practice states that “The Council shall, by resolution, set the frequency, time, date and place of its ordinary meetings” in accordance with Section 365 of the Local Government Act (namely at least ten times each year, each time in a different month).

How and when Council meetings are held is up to each Council to decide, although the Local Government Act 1993 requires Council to meet at least 10 times a year, each time in a different month.

Some Councils meet only once a month. Many larger Councils meet more frequently because they have a higher volume of business. Councillors should be given at least three days’ notice of meetings, except for extraordinary meetings called in an emergency.

All formal Council meetings must be held in accordance with requirements in the Local Government Act 1993, the Local Government (General) Regulation 2021 (Regulation) and the Council’s Code of Meeting Practice to determine a schedule of meetings the Council needs to determine the decision-making structure it wishes to put in place.

The decision-making structure of the Council.

The Local Government Act establishes the Council as the decision-making body with respect to the functions of the Council. In practice, decisions can be made by the Elected Council (at Ordinary and Extra Ordinary Meetings) or by an individual or body under Delegated Authority.

The Local Government Act at Section 377 sets that the Council may delegate functions of the Council (other than some specific listed functions) to the CEO or any other person or body (not including another employee of the Council). A separate report is provided on the Agenda of this Meeting to outline proposed delegations to be provided to the CEO and Mayor of the Council in the form of an Instrument of Delegation.

In addition to Council meetings, Councils can establish Committees to oversee specific functions, projects or programs and report back to the Council on those matters. A Council Committee is one where members of the Committee are Councillors only. (As opposed to Advisory Committees which have other members, such as community representatives.)

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

Establishing ‘Council Committees’

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

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

a) The mayor; or

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

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

The Committee must be chaired by the Mayor, or a Chair elected from its membership or by the Council. The Mayor does not have to be the Chair of the Committee.

The meetings of Council Committees are required to be conducted in accordance with the meeting rules prescribed under the Act, the Regulation and Council’s Code of Meeting Practice.

Each Councillor, whether a member of a Committee or not, is entitled to attend and speak at a meeting of a Council Committee. However, only Councillors who are members of the Committee are entitled to put business on the Committee’s agenda, move or second a motion at the Committee meeting, or vote at the meeting.

Core Committees, Advisory Committees or Boards and Working Parties.

The previous term of the Council continued the practice of establishing two (2) Committees which were referred to as “Core” Committees which were given delegation to determine many functions of the Council. Some other Councils use the term ‘Standing Committees’ for these Committees. Each of the Core Committees had membership of all Councillors and the CEO. The addition of the CEO meant that these Councillors were not ‘Council Committees’ as outlined above.

The ‘Core Committees’ each were provided extensive delegations to deal with the functions of the Council which are permissible to be delegated in their subject areas. Those delegations are detailed in Attachment 3 to this report. This meant that the Committees themselves have the power to determine (resolve) a course of action rather than requiring resolution by the full Council.

The Core Committees established by the previous Council were

· Development and Environment Committee

This Committee was provided delegation to deal with functions related to deal with Planning and Development and Environmental matters including:

- Local Environmental Plans (LEPs) and Development Control Plans (DCP’s)

- Contribution Plans and Voluntary Planning agreements

- Policies and strategies with respect to town planning and environmental matters

- Determination and review of Development Applications referred to the Committee for determination, including applications where there are variations to development standards of more than 10% and variations from acceptable solutions

- policies and strategies of the Council in respect to sustainability matters related to climate change, biodiversity, waste, water, energy, transport, and sustainable purchasing.

· Strategy and Assets Committee

This Committee was provided delegation to deal with functions relating to:

- Council’s Corporate and Community Planning

- Polices plans and strategies (other than Town Planning)

- Operations of Holiday Haven Tourist Parks

- Crown Land Management

- Shoalhaven Water

- Strategic Land Holding

- Council Property Management

- Determination of Tenders valued at over $1 million

This report recommends that the practice of the previous Council with respect to the establishment of the ‘Core Committees’ be changed for this Council term to a schedule of two Ordinary Meetings per month on a Monday. The reasons for this recommended change are:

· Efficiencies will result by having Council consider matters only once rather than repetitive decision making with items becoming a recommendation from a Committee

· Our decision-making processes will be clearer for the Community – all matters are determined by one body.

· It will allow quicker turn around for decisions required to be made by the elected Council (i.e., on two occasions each month rather than one)

· Reduction in the overall time Councillors are required to spend in formal meetings and briefings each month, noting that the Council will have the opportunity to move into ‘Committee of the Whole’ arrangements for informal discussion when required

· The Code of Meeting Practice of the Council and therefore meeting practice will be clearer and more consistent for those participating in and watching decision making meetings

· It will reduce time taken by repeated deputations,

· The issues of conflict of interest by the provision of a vote to the CEO in Committee delegated decisions will be removed, with the decisions falling to elected representatives, with support and guidance of the CEO.

Frequency/Date and Time of Meetings

During the last term Shoalhaven City Council has held ‘Core Committee’ and Council Meetings commencing at 5pm on Tuesdays.

Briefing sessions are usually held on Thursdays preceding those meetings from 4pm (concluding at 7pm or before). These are confidential sessions.

The Council may set these times and days to suit their requirements. When considering times and dates, Council may consider:

- Availability of all Councillors for the majority of meetings (where possible to achieve)

- Accessibility of members of the public to attend meetings where required (in addition to webcasting)

- Work, Health and Safety of Councillors and Staff to attend and travel to and from the meetings.

- Provisions of the Code of Meeting Practice (e.g., The current Code sets that meeting must conclude by 10pm)

- Achieving an efficient and effective use of resources for the decision-making requirements of the Council.

Meeting Business papers are required to be provided to the Council 3 days prior to the meeting. The current practice is for reports are published and provided to Councillors on the Thursday afternoon prior to a meeting held on the following Tuesday. Adjustment to the meeting days, may require a relative adjustment to business paper delivery timeframes.

The proposal for Meetings to be changed from a Tuesday to a Monday would permit time in the schedule to publish the Business Paper each Wednesday, allowing consideration by the Councillors of the reports prior to the briefing sessions held on Thursdays.

Authorities provided to the Chief Executive Officer with respect to meeting arrangements.

As is the usual practice, it is recommended that Council resolve to provide the following authorisation to the Chief Executive Officer to enable the smooth scheduling and conduct of meetings without Council resolution:

a) Calling of any Briefing Sessions or Meetings of any established Committees: the Chief Executive Officer be authorised to call Special Meetings or Briefing Sessions for any of the Core or Advisory Committees and Boards.

b) Commencement Time for any regular Council Committees: The Chief Executive Officer be authorised to make changes to the commencing time for Council Committees where appropriate.

c) Advisory Committees – Frequency of Meetings: Advisory Committees to meet as adopted by Council subject to Chief Executive Officer, in consultation with the Chairperson, being authorised to call meetings on a more regular basis to consider urgent and/or important business.

c) To allow the Chief Executive Officer to consider alternate venues for the Ordinary Meeting of Council in special circumstances (noting that Webcasting services will be required)

Financial Implications

The frequency and time dedicated to Committee meetings has a direct correlation with the administrative costs of those meetings.

Ordinary Meeting – Tuesday 25 January 2022

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CL22.4 Election of Deputy Mayor and Assistant Deputy Mayor

HPERM Ref: D21/340473

Department: Business Assurance & Risk

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. OLG Fact Sheet ⇩

2. Nomination Form (councillors information folder) ⇨

Reason for Report

To elect a Deputy Mayor and consider the election of an Assistant Deputy Mayor.

Recommendation

That Council

1. Resolve the period for which the elected Deputy Mayor will hold office.

2. Conduct an election (by show of hands) for Deputy Mayor for the resolved period.

3. Conduct an election (by show of hands) for an Assistant Deputy Mayor for the resolved period should the Council consider it necessary to retain this position.

Options

1. Elect and appoint a Deputy Mayor and an Assistant Deputy Mayor.

2. Elect and appoint a Deputy Mayor only.

Background

Under the provisions of Section 231 of the Local Government Act 1993 (LG Act) the Councillors may elect a person from among their members to be the Deputy Mayor. A Deputy Mayor may be elected for the Mayoral term or a shorter term.

The practice of the Council has traditionally been an appointment for 12 months. The decision for a 12-month appointment was made on the basis that at the time, there was only 12 months or less remaining in the Council term.

The current options for Council to determine with respect to the tenure of the election for these roles are:

· The period from January 2022 until September 2022 (8 months)

· The period from January 2022 until September 2023 (20 months)

· The period from January 2022 until September 2024 (2 years 8 months)

Council has previously appointed an Assistant Deputy Mayor who may exercise the function of Deputy Mayor if the Deputy Mayor is prevented by illness, absence or otherwise from exercising the function of the Deputy Mayor. Election to the position of Assistant Deputy Mayor should follow the same procedure as for Deputy Mayor if Council considers the position is required.

The Deputy Mayor or the Assistant Deputy Mayor in his/her absence may exercise any function of the Mayor at the request of the Mayor or if the Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of the Mayor.

The Deputy Mayor also has a specific function under Section 369:

“369 Who presides at meetings of the council?

(1) The Mayor or, at the request of or in the absence of the Mayor, the Deputy Mayor (if any) presides at meetings of the Council.

(2) If the Mayor and the Deputy Mayor (if any) are absent, a Councillor elected to chair the meeting by the Councillors present presides at a meeting of the Council.”

The Returning Officer for the Election will be the Director – City Performance (Kevin Voegt). Completed nomination forms are requested to be submitted to the Returning Officer prior to Midday on Monday 24 January 2022.

Schedule 7 of the Local Government (General) Regulation 2021 prescribes three methods of election of these positions:

· open ballot (e.g. a show of hands)

· ordinary ballot, or

· preferential ballot.

The method of election is as outlined in the Attachment 1, being the Office of Local Government Factsheet – Election of Mayor and Deputy Mayor released September 2018.

The Nomination forms are provided under separate cover for use by Councillors. Additional forms are available from the Director – City Performance.

Payment for the Deputy Mayor

Section 249(5) Local Government Act allows Council to elect to pay the Deputy Mayor a fee when acting in the office of the Mayor. The amount of the fee must be deducted from the Mayor’s annual fee.

The option to determine if fees will be paid to the Deputy Mayor will be included in a future report to Council.

A request was sent to all NSW Councils asking their position on paying the Deputy Mayor fees deducted from the Mayoral fee. At the time of writing this report 38 responses have been received.

· 22 Councils do not pay the Deputy Mayor fees.

· 7 Councils pay 100% of additional Mayoral fee during the time the Deputy is acting (some with provisions relating to the length of time acting as Mayor)

· 7 Councils pay a percentage of the Mayoral Fee ranging from 10% to 50%

· 2 Councils pay a specific amount - $1,200 and $3,621

Ordinary Meeting – Tuesday 25 January 2022

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CL22.5 Use of Countbacks to fill Casual Vacancies for Councillors

HPERM Ref: D21/528909

Department: Business Assurance & Risk

Approver: Kevin Voegt, Director - City Performance

Reason for Report

To allow Council to consider the options available to use countbacks of the votes cast at the 4 December 2021 Local Government Election to fill casual vacancies of Councillors, which may occur in the first 18 months after the election or to hold by-elections should this situation occur.

Recommendation

That Council determine if the option available to use countbacks of the votes cast at the 4 December 2021 Local Government Election to fill casual vacancies of Councillors, which may occur in the first 18 months after the election or to hold by-elections should this situation occur will be utilised.

Options

1. That the Council pass a resolution at this meeting to declare that any vacancies in the office of Councillor that occur within the 18 months following the 4 December 2021 Election will be filled by a countback.

Implications: Any casual vacancies occurring in the office of a Councillor within 18 months after the election of Councillors on 4 December 2021 will be filled by countback rather than a by-election. The wording of the recommendation to achieve this is specifically outlined by the NSW Electoral Office to enact the provision as outlined below and MUST be resolved at this first meeting of the Council if it is to occur.

Required Wording – Recommendation for Countback to occur

“That

I. Pursuant to section 291A(1)(b) of the Local Government Act 1993 (the Act) Shoalhaven City Council declare that casual vacancies occurring in the office of a Councillor within 18 months after the last Ordinary election of Councillors for the Council on 4 December 2021 are to be filled by a countback of votes cast at that election for the office in accordance with section 291A of the Act; and

II. The Council directs the CEO to notify the NSW Electoral Commissioner of the Council’s decision within 7 days of the decision.”

2. That Council does not proceed with the option of a Countback method.

Required Wording – “That Council receive the report for information.”

Implications:

Any vacancy that occurs within this term will be filled by by-election unless Ministerial approval is given by the Minister under Section 294 of the Local Government Act to dispense with the need for a by-election.( i.e. In the last 18 months of the Council term).

There is no further opportunity for Council to resolve to use a Countback other than at this meeting of 25 January 2022. It is estimated that the cost of a by-election would be in excess of $200,000 to be funded by the Council.

Background

Following amendment to the Local Government Act, Council has the option to determine the process for filling casual Councillor vacancies which may occur within the first 18 months after an election under Section 291A(1) of the Local Government Act (see below). In the case of the 4 December 2021 Election, this 18-month period concludes on 4 June 2023.

The choices available to the Council in this circumstance are to fill any such vacancy by either a countback from the last election or a by-election.

If Council determines to fill casual vacancies of Councillors using the countback method, a resolution (as worded in Option 1 of this report) needs to be passed at the first meeting held after the election and the NSW Electoral Commissioner must be notified within 7 days of the decision being made.

If Council does not pass the resolution at Option 1, any vacancies must be filled via a by-election process, and it is noted that if the vacancy occurs within the 18-month period prior to the next election additional provisions apply where Council may make an application under Section 294 of the Local Government Act for the Minister to dispense with the need for a by-election.

Section 291A (1) of the Local Government Act states that:

291A Countback to be held instead of by-election in certain circumstances:

(1) This section applies to a casual vacancy in the office of a Councillor if;

(a) the casual vacancy occurs within 18 months after the date of the last Ordinary election of the Councillors for the area, and

(b) the Council has at its first meeting following that Ordinary election of Councillors, by resolution, declared that any such casual vacancy is to be filled by a countback of votes cast at the last election for that office.

Countbacks are not available to fill casual vacancies in the office of a Councillor where:

· The Councillor who vacated office was elected at an election using the optional preferential voting system (i.e., elections where only one civic office is required to be filled such as the election of a popularly elected Mayor) or;

· The Councillor was elected at an uncontested election.

If a Casual vacancy occurs in the office of the Mayor, the vacancy may be filled as outlined in Section 294 (3) & (4) of the Act.

Section 294 of the Local Government Act states that:

‘294 Dispensing with by-elections

(1) This section applies if a casual vacancy occurs in the office of a councillor, including a mayor elected by the electors of an area, within 18 months before the date specified for the next ordinary election of the Councillors for the area.

(2) If such a casual vacancy occurs in the office of a councillor (but not the office of a mayor elected by the electors), the Minister may, on the application of the council –

(a) order that the vacancy not be filled, or

(b) order the holding on a stated day of a by-election to fill the vacancy and revoke any earlier order made under paragraph (a).

(3) If such a casual vacancy occurs in the office of a mayor elected by the electors, the casual vacancy is to be filled by the Governor appointing to the vacant office a councillor nominated by the council.

(4) If the council does not nominate a Councillor for the purposes of subsection (3), the Governor may appoint one of the Councillors to the vacant office.’

The legislative arrangement for countbacks has not been available at previous elections of the Council and as a result, there is no commentary available on the benefits of the practice other than the financial reason outlined below and the speed at which a vacancy may be filled under this method (49 days from notification of vacancy) as opposed to the calling and conduct of a by-election.

Financial Implications

It is noted that the financial implications to Council of a by-election are estimated to be in excess of $200,000 so there is a financial benefit to Council in resolving to use countbacks of the votes cast at the 4 December 2021 Local Government Election to fill casual vacancies of Councillors.

Ordinary Meeting – Tuesday 25 January 2022

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CL22.6 Instruments of Delegation - Mayor and Chief Executive Officer

HPERM Ref: D21/241784

Department: Business Assurance & Risk

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Draft Instrument of Delegation - Mayor ⇩

2. Draft Instrument of Delegation - Chief Executive Officer ⇩

Reason for Report

To provide the Instruments of Delegation for the Mayor, the Chief Executive Officer, and provisions to allow for an Acting Chief Executive Officer when required.

Recommendation

That Council:

1. Restore the Delegations of authority to the Chief Executive Officer as outlined in the Instrument of Delegation provided as Attachment 1 and outlined in this report

2. Delegate to the Mayor the authority as outlined in the Instrument of Delegation as provided as Attachment 2 and outlined in this report.

3. That for the period 25 January 2022 to 30 September 2022, one of the persons (determined by the Mayor at the relevant time) holding the position of:

a. Director, City Development;

b. Director, City Futures;

c. Director, City Lifestyles;

d. Director, City Performance;

e. Director, City Services

be appointed to act as Chief Executive Officer if the Chief Executive Officer is sick or otherwise absent from work on leave or for any other purpose. Such appointment is to cease upon the return to work of the Chief Executive Officer or by other resolution of the Council.

4. Authorise that any person acting as Chief Executive Officer pursuant to this resolution has all the functions, delegations, and sub-delegations given to the Chief Executive Officer by the Council.

Options

1. To adopt the instruments of delegation provided as attachments to the report and include in the resolution the recommended provisions to allow for a Director to be appointed as Acting Chief Executive Officer.

Implications: The Instruments of delegations and recommendations proposed have been updated following review.

2. To adopt differing Instruments of delegation and /or provisions for the appointment of an Acting Chief Executive Officer

Implications: Amendments to the proposed Instruments of Delegation and/or recommendations for appointment of an Acting Chief Executive Officer may impact upon the ability of the Council to make lawful decisions of the Council. It would be strongly recommended that should the Council wish to amend those proposed, that legal advice be sought.

3. To defer the adoption of the differing instruments to allow for further information or advice.

Implications: The Mayor will not be able to apply delegations until such time as they are approved by the Council.

Background

In accordance with Section 380 of the Local Government Act, 1993 each Council must review its delegations within the first 12 months of each term of office.

In accordance with Section 377 (see below) of the Local Government Act 1993 Council may delegate to the General Manager (CEO) the functions of Council with the exception of those listed below.

377 General power of the council to delegate

(1) A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council under this or any other Act, other than the following--

(a) the appointment of a general manager,

(b) the making of a rate,

(c) a determination under section 549 as to the levying of a rate,

(d) the making of a charge,

(e) the fixing of a fee,

(f) the borrowing of money,

(g) the voting of money for expenditure on its works, services or operations,

(h) the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),

(i) the acceptance of tenders to provide services currently provided by members of staff of the council,

(j) the adoption of an operational plan under section 405,

(k) the adoption of a financial statement included in an annual financial report,

(l) a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,

(m) the fixing of an amount or rate for the carrying out by the council of work on private land,

(n) the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,

(o) the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979 ,

(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q) a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r) a decision under section 234 to grant leave of absence to the holder of a civic office,

(s) the making of an application, or the giving of a notice, to the Governor or Minister,

(t) this power of delegation,

(u) any function under this or any other Act that is expressly required to be exercised by resolution of the council.

Delegations to the General Manager (CEO) allow the normal functions of Council to be undertaken without the requirement of resolutions from Council.

Council previously resolved on 7 April 2020, at an Extraordinary/Special Meeting of the Council (MIN20.240 – 7(k)) to temporarily adjust the delegation of the CEO with respect to Development Application processing due to COVID-19.

As NSW has reached the required vaccination levels to allow NSW Health to remove the majority of restrictions regarding COVID-19 the attached delegation removes the adjustment under MIN20.240.

Attachment 1 provides the proposed Instrument of Delegations for the Chief Executive Officer.

Attachment 2 provides the proposed Instrument of Delegation for the Mayor.

In accordance with Section 226 of the Local Government Act, 1993 the role of the Mayor is as follows:

(a) to be the leader of the council and a leader in the local community,

(b) to advance community cohesion and promote civic awareness,

(c) to be the principal member and spokesperson of the governing body, including representing the views of the council as to its local priorities,

(d) to exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council,

(e) to preside at meetings of the council,

(f) to ensure that meetings of the council are conducted efficiently, effectively and in accordance with this Act,

(g) to ensure the timely development and adoption of the strategic plans, programs and policies of the council,

(h) to promote the effective and consistent implementation of the strategic plans, programs and policies of the council,

(i) to promote partnerships between the council and key stakeholders,

(j) to advise, consult with and provide strategic direction to the general manager in relation to the implementation of the strategic plans and policies of the council,

(k) in conjunction with the general manager, to ensure adequate opportunities and mechanisms for engagement between the council and the local community,

(l) to carry out the civic and ceremonial functions of the mayoral office,

(m) to represent the council on regional organisations and at inter-governmental forums at regional, State and Commonwealth level,

(n) In consultation with the councillors, to lead performance appraisals of the general manager [CEO],

(o) to exercise any other functions of the council that the council determines.

It is anticipated that the Mayor in carrying out the civic and ceremonial functions of the Mayoral office, will facilitate attendance and participation in civic duties by other Councillors when the Mayor is unable to attend. To ensure this is effectively managed in a way which provides opportunities to members of the elected Council, the Mayor is given authority to nominate relevant representatives of the Council, with particular respect to relevant Ward Councillors to attend events in place of the Mayor when the Mayor is an apology. This will effectively rescind MIN19.791 (parts 1 to 4) and MIN20.777 (parts 1 & 2).

MIN19.791

That:

1. The Mayor will attend and represent on behalf of Shoalhaven City Council.

2. If the Mayor is unable to attend, The Deputy Mayor will attend and represent on behalf of Shoalhaven City Council.

3. If the Mayor and Deputy Mayor are unable to attend, The Assistant Deputy Mayor will attend and represent on behalf of Shoalhaven City Council.

4. In the event the Mayor, Deputy Mayor or Assistant Deputy Mayor are unable to attend Ward Councillors will be asked to attend and represent on behalf of Council.

5. A wreath be supplied to a Councillor attending any commemoration service in their own right or when representing the Mayor.

MIN20.777

That Council reindorse the following and expanded policy regarding the Deputy Mayor, Assistant Deputy Mayor and Ward Councillors in respect of when the Mayor is unable to act, or attend any invited event, function, meeting or such like occasion:

1. An apology from the Mayor without a delegate attending is not an option.

2. In respect of Council or Mayoral Duties or invitations when the Mayor is unable to act or attend the Deputy Mayor shall be requested to attend in the Mayor’s place, if the Deputy Mayor is unable then the Assistant Deputy Mayor is to be invited and should the Assistant Deputy Mayor be unable to attend to the function it shall be offered to a Ward Councillor who lives in the area where the event is to be held. The Councillors acting in this role shall be selected in rotation.

3. When a Minister of the Crown or senior Government Official is visiting the area and the Mayor or CEO is aware of the visit, Ward Councillors are to be extended an invitation to attend.

4. A full register of functions, events and such like and those Councillors who are called on to act for the Mayor shall be kept by the CEO and be published to Councillors monthly.

In accordance with advice received, specific recommendations are proposed to allow for the appointment of an Acting Chief Executive Officer in circumstances where the Chief Executive Officer is absent.

Ordinary Meeting – Tuesday 25 January 2022

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CL22.7 Ordinary Meeting - Order of Business

HPERM Ref: D21/241795

Department: Business Assurance & Risk

Approver: Kevin Voegt, Director - City Performance

Reason for Report

The Local Government (General) Regulation 2021 states that at a meeting of the Council (other than an Extra Ordinary meeting) the General Order of Business is as fixed by the Council’s Code of Meeting Practice or as fixed by resolution of the Council.

Recommendation

That Council adopt the Order of Business, as follows, for the Ordinary Meetings of Council:

1. Acknowledgement of Country

2. Opening Prayer

3. Australian National Anthem

4. Apologies/Leave of Absence

5. Confirmation of Minutes

6. Declarations of Interest

7. Presentation of Petitions

8. Mayoral Minutes

9. Deputations & Presentations

10. Call Over of the Business Paper

11. Report of Committees

12. Report of the Shoalhaven Traffic Committee (if required)

13. Officers Reports

14. Notices of Motion and Questions on Notice

15. Addendum Reports

16. Confidential Reports

*If any items of business require attendance of specialist staff (e.g., Legal, Insurance, Property) then Council will generally consider those items following the Deputations

Options

1. Council adopts the order of business as shown in the recommendation.

2. Council changes the order of business by removing or altering the order of items of business.

Background

Council’s Code of Meeting Practice provides that “the Order of Business” on the Agenda for Council and Committee Meetings be as fixed by the Code or by resolution of Council. In accordance with Clause 8.1 of the Code of Meeting Practice the Council should now adopt a general order of business which applies to its meetings in this new term.

The Order of Business outlined in the recommendation is the Order of Business which was in use at the conclusion of the previous Council term with the exception of the placement of the Notices of Motion and Questions of Notice on the Agenda. This change reflects that which is proposed in the latest Model Code of Meeting Practice released by the Office of Local Government on 29 October 2021 as their suggested order and is proposed as it focuses the decision making on the business arising from the strategic priorities of the Council.

Also included in the recommendation is the reinstatement of the Call Over of the Business Paper. This provides a prompt to the Council to utilise the provisions of the Code of Meeting Practice with respect to calling out only those items of business that require discussion.

For practical reasons, the welcoming aspects of the meeting should occur at the beginning of the meeting before the business of the meeting is dealt with.

The items of the Australian National Anthem and the Opening Prayer are traditional opening items for Ordinary Meetings of Shoalhaven City Council which all previous Councils have opted to include in the Order of Business.

In the previous term, the Council resolved that the Opening Prayer on the Order of Business was to be a ‘Christian Prayer’. The Council may wish to retain the previous approach or may consider alternatives such as a 'Multi-faith Prayer' or alternatively a 'Moment of Prayer or Reflection' for this term of the Council.

With respect to the business of the Meeting, any Mayoral Minute will take precedence over all business on the Council’s agenda for the meeting. There is no specified order for business following the Mayor Minute required under the Local Government Act or Regulations.

The Council may pass a resolution at any meeting to change the order of business for that meeting (Clause 8.2).

Council will need to reconsider meeting practice when it considers the adoption of a new Code of Meeting Practice prior to June 2022.

Ordinary Meeting – Tuesday 25 January 2022

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CL22.8 Community Consultation & Committee System

HPERM Ref: D21/335239

Department: Business Assurance & Risk

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Proposed Committee List arising from Councillor Workshop on 18 January 2022. (under separate cover) ⇨

Reason for Report

This report is being submitted directly to the Ordinary Meeting due to the determination of Councillor membership, confirm or disband the purpose/objective, delegated authority and quorum of Council’s Committees.

Recommendation

That Council

1. Continue the operation of the following Committees, Boards & Reference Groups pursuant to Section 355 – Local Government Act and pursuant to Section 377 with purpose, delegation and sitting fee (if applicable), Councillor and staff membership and quorum as outlined in the attachment to the report:

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

b. Regional Development Committee (39964E)

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

d. North Floodplain Risk Management Committee (59952E)

e. Central Floodplain Risk Management Committee (59951E)

f. Southern Floodplain Risk Management Committee (59950E)

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

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

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

j. Aboriginal Advisory Committee (1209E)

k. Business and Employment Development Committee (38821E)

l. Homelessness Taskforce Shoalhaven (55584E)

m. Inclusion and Access Advisory Group (1228E)

n. Motor Sports Complex Working Party (69319E)

o. Natural Area Volunteers Group (42643E)

p. Nowra CBD Revitalisation Strategy Committee (50242E)

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

r. Shoalhaven Arts Board (2123E)

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

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

u. Shoalhaven Heads Estuary Taskforce (45866E).

v. Shoalhaven Sports Board (12623E)

w. Shoalhaven Tourism Advisory Group (1490E)

x. Strategic Planning Working Party (65374E)

y. Youth Advisory Committee (1506E)

2. Disband the Infringement Review Panel (59312E) and this be reflected in the Council’s Compliance Policy.

3. Appoint Councillor and staff membership of each Committee or Board as outlined in the Attachment to the report.

4. Note that the Urgent Grant Submissions Committee (65067E) has expired in accordance with MIN20.700.

Options

1. That Council adopt the Committees with their purpose, terms of reference, delegations, membership and meeting frequency, as outlined in the attachment, and note that the Urgent Grant Submissions Committee has expired.

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

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

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

Background

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

The attachment and this report outlines the Councillor and staff representation for Council’s existing Committees and boards at the end of the previous term of the Council. The names populated in the attachment are those which were raised and discussed at the Workshop of Councillors held on 18 January 2022 and submitted nominations. Areas highlighted in the attachment will need further clarification in the determination of this item .

The Council may wish to remove, amend the purpose and objectives or reappoint the Committee or Board by determining Councillor and staff representative members for the period of February to September 2022.

The recommendation of this report to disband the Infringement Review Panel arises from discussion of Councillors at the workshop held on 18 January 2022 and the views of Councillors that this Panel was no longer required. It is noted that the Panel is established under the Compliance Policy and necessary adjustments will need to be made with respect to that policy.

Once the Council has determined the Committees and Boards, meetings of the Committees and Boards will be called with initial discussions to consider the terms of reference and any adjustments to be recommended to the Council with respect to membership. Any adjustments to the Terms of Reference or Membership will be reported to the Council for determination.

The Terms of Reference of Committees and Boards are considered to be policies of the Council and may be viewed on the Policies and Procedures section of the Council website which is listed in alphabetical order.

Please note that the Homelessness Taskforce Shoalhaven (55584E) was reconvened on 14 October 2021 after Council endorsed the re-establishment of the Taskforce at the Strategy & Assets Committee meeting held on 14 September 2021 (MIN21.638).

Ordinary Meeting – Tuesday 25 January 2022

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CL22.9 LGNSW Special Conference 2022 - Voting Delegates and Motions

HPERM Ref: D21/338192

Department: Business Assurance & Risk

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Letter of Invitation ⇩

Reason for Report

This report is being submitted directly to the Ordinary Meeting due to the requirement for Council to resolve the Conference motions to meet the submission deadline of 30 January 2022.

Also, to approve attendance and nominate voting representatives at the 2021 LGNSW Special Conference to be held at Hyatt Regency Sydney from Monday 28 February to Wednesday 2 March 2022.

Recommendation

That:

1. Council approve attendance by all interested Councillors at the 2021 LGNSW Special Conference to be held at Hyatt Regency Sydney from Monday 28 February to Wednesday 2 March 2022, and such attendance be deemed as Council business.

2. Registration fees be met in accordance with Council’s adopted policy.

3. Council confirm one of the voting delegates at the 2021 LGNSW Special Conference to be the Mayor.

4. Council determine the other four (4) Councillors to attend the conference as Council’s voting delegates as follows:

5. The motions outlined within the report which have been submitted to the conference be retained as the Council’s contribution to the Business Paper of the LGNSW Special Conference.

Options

1. As recommended.

Implications: The representation of the Council at the Conference will be complete, and Council’s previously submitted motions will be retained on in the Business Paper of the 2021 LGNSW Special Conference.

2. That Council does not accept the motions as outlined in the report and proposes alternatives, and/or does not nominate voting representatives.

Implications: Motions will need to be worded and endorsed

Background

The Local Government NSW (LGNSW) Annual Conference is the main policy making event for the NSW local government sector. The 2021 conference was separated into two components, due to the rescheduling of the Local Government Elections:

· A one-hour Annual Conference to present the annual report and financial reports, which was conducted online on Monday 29 November 2021; and

· A Special Conference, including the debate and resolution of motions setting the advocacy agenda for 2022, to be held in person at the Hyatt Regency Sydney from Monday 28 February to Wednesday 2 March 2022.

At the Special Conference, Delegates will vote on motions which help determine the policies and priorities for LGNSW and the sector. It is a key event for Local Government where Councillors from across the state come together to share ideas and debate issues that shape the way the sector functions and is governed.

For Council to participate fully in the conference, it is recommended the Council register attendees, nominate voting delegates, and submit motions for debate within the timeframes specified in this paper.

Registration to attend the Conference

The program and registration information for the three-day Special Conference from 28 February to 2 March 2022 are at https://lgnswconference.org.au. Costs associated with the conference are:

Member Standard Registration $1,094.50

Conference Dinner Ticket (optional) $176.00

Registration closes on 14 February 2022.

The 2021/22 Council budget contains provision for all Councillors to attend the conference should they wish to do so.

Attached to this report is a copy of the Letter of Invitation for the Conference (Attachment 1).

Councillors who wish to be registered to attend and have accommodation booked for this conference should notify the Executive Office so that arrangements can be made in advance of the 14 February registration deadline.

Voting delegates

Voting delegates must be registered to attend the Conference and be registered as a voting delegate.

Confirmation has been received from LGNSW that Council will have five (5) voting entitlements at the Conference to vote on motions.

Council is required to advise LGNSW of the names of its nominated voting delegates for the Special Conference by 5pm (AEDT) on Thursday 17 February 2022.

Voting delegates may not appoint a proxy to attend or vote at formal business sessions on their behalf.

It is proposed that Council nominates the Mayor plus four (4) Councillors to attend as voting delegates.

Motions

LGNSW has called for the submission of motions. Councils are encouraged to formulate motions submitted in terms of the current policy statements.

LGSNW recognised that Councils would not know who their Councillors would be until late December but encouraged submission of motions to the conference as early as possible. Accordingly, the following six (6) motions that were endorsed by Councillors at the Ordinary meeting on 28 September 2021 have been submitted for the business paper of the Conference.

Motion 1 - Extending Bushfire Grant Funding

That Local Government NSW advocates to the NSW Government to amend the criteria for Bushfire Grant Funding to enable Councils to continue to repair damaged infrastructure in severely affected areas.

Background

The 2019-2020 Black Summer bushfires continue to have a significant impact in many Local Government areas, with infrastructure still in need of replacement or repair. Councils are highly appreciative of the assistance already provided, in particular from the Bushfire Local Economic Recovery Fund. However, not all grant opportunities are aimed at longer-term rehabilitation of damaged areas that needs to continue after the disaster. It is requested that the NSW Government broaden the criteria for Bushfire Recovery Grants to allow for damaged infrastructure to be replaced.

Motion 2 - Impact of Holiday Homes

That Local Government NSW asks the NSW Government to consider legislative tools to assist Councils with the impact of short-term rental platforms on local communities with respect to long-term rental availability.

Background

Local rental markets are being challenged by the growth of short-term accommodation platforms such as Airbnb and HomeAway, with long-term housing stock for residents being repurposed as holiday homes.

A 2018 research project commissioned by the Australian Coastal Councils Association, Planning responses to online short-term holiday rental platforms, found that coastal localities require support to respond to the proliferation of short term holiday rentals, which account for a median of 4% of all housing stock, with rates in popular localities as high as 17%.

The NSW Government has been working on state-wide provisions to help manage short term rental accommodation. These cover some of the regulatory approaches identified in this research project, including:

· Consistent short term rental accommodation definition and associated clarification

· Standards for short term accommodation – fire safety standards

· Enable local planning responses – ability to reduce number of days (360 to 180) in Council areas or parts of them.

The NSW Government’s current proposed response to short term rental accommodation will at this stage be fully operational by the end of 2021.

The Government is requested to help provide more tools that councils can apply to address these issues, as recommended by the Australian Coastal Councils Association study. The Government could also consider undertaking a study into how short-term rentals impact on the economic recovery of local commercial centres. Councils also recognise the importance of being “open for business” and proportionate regulation.

Motion 3 - Code of Conduct Procedures

That Local Government NSW request the State Government to amend the Model Code of Conduct Procedures to remove the current role of the elected Council in determination of sanctions arising from conduct investigations.

Background

The current Model Code of Conduct Procedures includes at Part 7, provision for a report being presented to the Council when an independent investigator determines that the conduct of a Councillor investigated constitutes a breach of the Code of Conduct. The role of the Council in this regard under the procedures is to consider the investigation report and determine a sanction which should be applied to the Councillor.

It is proposed that the determination of sanctions is best made by an independent authority, rather the elected Council. Given the political and/or factional nature of some Councils, the current procedure may permit situations where the determination of a sanction against a Councillor is based on other factors and not reflect community and procedural expectations.

Motion 4 - Infrastructure Contributions Reforms

That Local Government NSW call upon the NSW Government to withdraw the Environment, Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 and undertake further consultation with the Local Government Sector on the proposed reforms.

Background

NSW Councils have called on the NSW Government to withdraw proposed infrastructure contribution rule changes from Parliament which could see the nature of these important contributions change.

These contributions by developers help fund critical local infrastructure works associated with new developments where possible.

Shoalhaven City Council has concerns about the NSW Infrastructure Contributions Reforms following the NSW Government’s introduction of the Environment, Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 into the NSW Parliament in June 2021.

Local Government NSW is urged to continue advocating to protect Local Government from any amendments to infrastructure contributions which leave Councils and communities exposed to expending ratepayer funds on new infrastructure made necessary by new development, currently the responsibility of developers.

Motion 5 - Funding for Social and Affordable Housing

That Local Government NSW requests the NSW Government to provide increased assistance to Councils for additional funding for social and affordable housing.

Background

The Shoalhaven Local Government Area is currently experiencing a crisis situation with respect to housing availability, social housing availability and general housing affordability in our community. This crisis is shared with many other Councils across the state.

A whole-of-government approach is advocated to address the housing affordability crisis in New South Wales. It is proposed that the Association request urgent funding for increased provision of social and affordable housing to meet the needs of a growing number of residents in housing stress, particularly those marginalised by the current private housing market.

Motion 6 - Social and Affordable Housing Models

That Local Government NSW requests that the State Government investigate different models for social and affordable housing, such as equity share and covenant housing.

Background

The NSW Government is called upon to act, including regulatory reforms, to facilitate innovative housing types that demonstrably improve affordability. These housing types include but are not necessarily limited to shared equity homebuyer schemes (appropriately targeted/means tested for low-moderate income groups); covenant housing (below-market rate homes with land title restrictions making housing affordable in perpetuity – e.g. through restricting capital gain profits/mandating below-market rents etc); subsidised key worker housing; tiny house developments; meanwhile uses; build-to-rent with mandated affordability; rent-to-buy schemes; net-zero carbon and passive design homes (to reduce ongoing costs of housing); housing co-operatives and capped profit development models. Innovative housing models such as those described above could be tested in the form of pilot projects, design competitions and demonstration projects to evaluate affordability outcomes and facilitate appropriate supporting regulation.

Previous Council support: Shoalhaven City Council Submission to NSW Government Discussion Paper: A Housing Strategy for NSW (June 2020) adopted by Council 25/8/2020 (MIN20.596).

At this meeting the Council may resolve to remove one or more of the resolutions above or to submit further urgent motions for inclusion in the Conference Business Paper by 12 midnight AEST, Sunday, 30 January 2022. All motions must be adopted by Council before submission. Given the timing of this deadline, any additional motions proposed will need to be articulated in full and endorsed in the Council resolution of this item to allow inclusion in the Business Paper of the Conference.

Ordinary Meeting – Tuesday 25 January 2022

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CL22.11 Variations to Development Standards - December Quarter 2021

HPERM Ref: D21/540189

Department: Development Services

Approver: Phil Costello, Director - City Development

Reason for Report

This report is being submitted directly to the Ordinary Meeting due to therequirement that the information contained in the report is to be reported to the full elected Council and to the Department of Planning, Industry and Environment.

Council is required to consider variations to development standards (contained in an environmental planning instrument such as the Shoalhaven Local Environmental Plan) which exceed 10%, with lesser variations able to be dealt with by staff, under delegation.

Council is also required to publish the variations in addition to reporting the variations to the full Council and the Department of Planning, Industry and Environment.

Recommendation

That Council receive the Variations to Development Standards – June Quarter Report 2021 for information.

Options

1. Receive the report for information.

Implications: Council will be complying with the reporting provisions as detailed in Circular PS20-002 Variations to development standards.

2. Resolve an alternative and provide details to staff.

Implications: Depending on what is resolved, the Council would need to ensure compliance observing that the Department undertakes periodic audits.

Background

SEPP 1 and clause 4.6 have allowed flexibility in the application of development standards by allowing the consideration of development proposals that meet the objective of a development standard but not its stated value.

On 5 May 2020, the Department of Planning, Industry and Environment issued a new circular (PS20-002) which replaced PS18-003 and issued assumed concurrence, governance, and reporting requirements for consent authorities. It also advised that Council reports are to come through the Planning Portal and the repeal of SEPP 1. The concurrence is conditional (for example, variations exceeding 10% which must be reported to Council, staff cannot exercise delegations).

A link to the circular can be found here.

Procedural and reporting requirements

To ensure transparency and integrity in the planning framework, the Department requires monitoring and reporting measures.

· A written application must be made to support a variation.

· An online register of all variations to be maintained.

· A report must be submitted through the Portal.

· A report of all variations from a Council must be provided to a meeting of the Council at least once a quarter.

Audit

The Department will continue to carry out random audits to ensure the above monitoring and reporting measures are complied with. The Department and the NSW Independent Commission Against Corruption will continue to review and refine the audit strategy.

It is noted that the application has been the subject of ICAC investigations (amongst other things) referred to as Operation Dasha. More information is available here. The Department is currently reviewing the application of clause 4.6.

Should ongoing non-compliance be identified with one or more consent authorities, the Secretary is able to consider revoking the notice allowing concurrence to be assumed, either generally for a consent authority or for a specific type of development.

Conclusion

The repeal of SEPP 1 came into effect from 1 February 2020 as part of the SEPP Review Program to update and simplify the NSW Planning system.

The variations are provided to the Department in the form of a spreadsheet and are published as soon as possible after the quarter has ended.

The table below is based on the spreadsheet but is simplified for easier reading. The spreadsheets are viewable on Council’s webpage and are published quarterly as soon as possible after the last day of the month.

1. Table – Variations December Quarter 2021

DA	Lot	DP	Street Name	Suburb	Post Code	Description	Standard Varied	Extent of Variation	Decision	Date
DA21/1673	1	21597	St Vincent Street	Ulladulla	2538	“Residential Other” (Mixed use – commercial and residential flats (24) & car parking	Height	6.4%	Approval	01/11/2021
DA21/1962	11	22226	Haiser Rd	Greenwell Point	2540	Alterations and additions to a dwelling	Height	9.61%	Approval	23/12/2021

Ordinary Meeting – Tuesday 25 January 2022

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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.