Agenda of Ordinary Meeting - Monday, 27 June 2022

Ordinary Meeting – Monday 27 June 2022

Page 1

CL22.261 Delivery Program and Operational Plan, Budget 2022/23 - Exhibition Outcomes

HPERM Ref: D22/219215

Department: Corporate Performance & Reporting

Approver: Stephen Dunshea, Chief Executive Officer

Attachments: 1. Draft Delivery Program Operational Plan and Budget 2022-23 - Post Exhibition (under separate cover) ⇨

2. Draft Fees and Charges 2022-23 - Part 1 - Post Exhibition (under separate cover) ⇨

3. Draft Fees and Charges 2022-23 - Part 2 - Post Exhibition (under separate cover) ⇨

4. Capital Works Budget - March 2022 Quarterly Review Carry Forwards ⇩

5. Draft Resourcing Strategy 2022-26 - Post Exhibition (excluding LTFP) (under separate cover) ⇨

6 Draft Long-Term Financial Plan 2022-32 (under separate cover)

7. Exhibition Draft DPOP 2022-23 - Full Submissions (councillors information folder) ⇨

Reason for Report

The purpose of this report is to seek Council’s adoption of the 2022/23 Delivery Program and Operational Plan, Budget and Fees & Charges and Resourcing Strategy 2022-26.

The report provides a summary and comments related to the outcomes of the public exhibition process undertaken from 11 May to 10 June 2022.

Recommendation

That having considered the submissions received as part of the exhibition process for the Draft Delivery Program and Operational Plan 2022/23 including Budget, Capital Works Program and Fees and Charges, and Resourcing Strategy, Council:

1. Adopt the 2022/23 Delivery Program and Operational Plan and Budget inclusive of the following changes:

a. Revision of the capital works listing as outlined in Attachment 4.

b. Include the following projects in the 2022/23 Capital Works Program identified in Table 1. In order to maintain balanced budget, these projects will be funded by the budget transfers from other capital works to be confirmed at the June 2022 Budget Quarterly Review:

i. Quay Rd - Pedestrian Shared User Path Design Urban Upgrade/New $50,000 ($900,000 Stage 1 in 2023/24, $900,000 Stage 2 in 2024/25)

ii. Silkwood Walk – Streetscape Walk Path Lighting Urban Upgrade/New $25,000

iii. Shoalhaven Heads Viewing Platform $262,000 (includes $137,000 grant funding)

c. Note that the budget will remain flexible and might be subject to change particularly given the volatility of the energy market and high inflation.

2. Adopt the 2022/23 Fees and Charges Part 1 and Part 2 with the following changes:

a. Inclusion of Sewage Management Charges and changes as per council resolution MIN22.346

b. Updated increases to companion animal NSW Government fees for 2022/23 (Office of Local Government Circular 22-16)

c. Updated relevant Development Application fees as set by NSW Act/regulation (Environmental Planning and Assessment Regulations 2021 [NSW] Schedule 4)

d. Updated Nowra Library meeting room hire (align with fees listed under Community Facilities, category E (small meeting room)

e. Fees for Outdoor Dining updated to be $0 for the 2022/2023 financial year.

3. Adopt the Resourcing Strategy 2022-26, including the Workforce Strategy, Asset Management Strategy and Plan, ICT Strategy and Long-Term Financial Plan 2022-32

4. Resolve to make the following rates and charges in accordance with Section 535 of the Local Government Act 1993 inclusive of a 4.53% rate increase:

a. Make an Ordinary Rate, consisting of an ad valorem rate of 0.18978c for each dollar of rateable land value in addition to a base amount of six hundred and ninety-seven dollars ($697.00) per rateable assessment, under Section 537 of the Local Government Act 1993, on all rateable land categorised as “Residential”, in accordance with Section 516, for the period 1 July 2022 to 30 June 2023 and, in accordance with Section 543(1), this rate be named “RESIDENTIAL”.

Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of six hundred and ninety-seven dollars ($697.00) per rateable assessment for the “RESIDENTIAL” category will not produce more than 50% of the total amount payable by the levying of the “RESIDENTIAL” rate in accordance with Section 537(b) [base amount percentage is 49.94%].

b. Make an Ordinary Rate, consisting of an ad valorem rate of 0.38983c for each dollar of rateable land value, in accordance with Section 518 of the Local Government Act 1993: “Land is to be categorised as ‘business’ if it cannot be categorised as farmland, residential or mining”. Excepting all rateable land in the subcategories of Commercial/Industrial and Nowra, an ordinary rate be now made for the period of 1 July 2022 to 30 June 2023 and, in accordance with Section 543(1), this rate be named “BUSINESS”.

c. Make an Ordinary Rate, consisting of an ad valorem rate of 0.15700c for each dollar of rateable land value in addition to a base amount of six hundred and ninety-seven dollars ($697.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on all rateable land categorised as “Farmland”, in accordance with Section 515, for the period 1 July 2022 to 30 June 2023 and, in accordance with Section 543(1), this rate be named “FARMLAND”.

Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of six hundred and ninety-seven dollars ($697.00) per rateable assessment for the “FARMLAND” category will not produce more than 50% of the total amount payable by the levying of the “FARMLAND” rate in accordance with Section 537 (b) [base amount percentage is 24.42%].

d. Make an Ordinary Rate, consisting of an ad valorem rate of 0.18978c for each dollar of rateable land value in addition to a base amount of forty-nine dollars ($49.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on all rateable land which is zoned so as not to permit any building (i.e.; Small Lot Rural Subdivisions) and categorised as “Residential”, in accordance with Section 516, sub category “NON-URBAN”, in accordance with Section 529(2)(b), for the period 1 July 2022 to 30 June 2023, and in accordance with Section 543(1), this rate be named “RESIDENTIAL NON-URBAN”.

Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of forty-nine dollars ($49.00) per rateable assessment for the “RESIDENTIAL NON-URBAN” category will not produce more than 50% of the total amount payable by the levying of the “RESIDENTIAL NON-URBAN” rate in accordance with Section 537(b) [base amount percentage is 40.30%].

e. Make an Ordinary Rate, consisting of an ad valorem rate of 0.59010c for each dollar of rateable land value in addition to a base amount of six hundred and ninety-seven dollars ($697.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on all rateable land determined to be a centre of activity and categorised as “Business”, in accordance with Section 518, sub-category “NOWRA”, in accordance with Section 529(2)(d), for the period 1 July 2022 to 30 June 2023 and, in accordance with Section 543(1), this rate be named “BUSINESS NOWRA”.

Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of six hundred and ninety-seven dollars ($697.00) per rateable assessment for the “BUSINESS NOWRA” subcategory will not produce more than 50% of the total amount payable by the levying of the “BUSINESS NOWRA” rate in accordance with Section 537(b) [base amount percentage is 15.83%].

f. Make an Ordinary Rate, consisting of an ad valorem rate of 0.27380c for each dollar of rateable land value in addition to a base amount of six hundred and ninety-seven dollars ($697.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on all rateable land used or zoned for professional/commercial trade or industrial purposes, determined to be a centre of activity and categorised as “Business”, in accordance with Section 518, sub category “COMMERCIAL/INDUSTRIAL”, in accordance with Section 529(2)(d), for the period of 1 July 2022 to 30 June 2023 and, in accordance with Section 543(1), this rate be named “BUSINESS COMMERCIAL/INDUSTRIAL”.

Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of six hundred and ninety-seven dollars ($697.00) per rateable assessment for the “BUSINESS –COMMERCIAL/INDUSTRIAL” category will not produce more than 50% of the total amount payable by the levying of the “BUSINESS – COMMERCIAL/INDUSTRIAL” rate in accordance with Section 537(b) [base amount percentage is 30.57%].

g. Make an Ordinary Rate, consisting of an ad valorem rate of 0.07990c for each dollar of rateable land value in addition to a base amount of six hundred and ninety-seven dollars ($697.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on all rateable land categorised as “Farmland”, in accordance with Section 515, sub category “DAIRY FARMERS”, in accordance with Section 529(2)(a), for the period 1 July 2022 to 30 June 2023 and, in accordance with Section 543(1), this rate be named “FARMLAND - DAIRY FARMERS”.

Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of six hundred and ninety-seven dollars ($697.00) per rateable assessment for the “FARMLAND – DAIRY FARMERS” category will not produce more than 50% of the total amount payable by the levying of the “FARMLAND – DAIRY FARMERS” rate in accordance with Section 537(b) [base amount percentage is 33.12%].

h. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.62359c for each dollar of rateable land value in addition to a base amount of two thousand six hundred and seventy-four dollars ($2,674.00), for the cost of road upgrades required to enable property owners to develop their allotments in the Verons Estate. In accordance with Section 495(1), the special rate is to be levied only on those rateable properties with building entitlement within the Verons Estate which, in the opinion of Council, derive special benefit and are subject to this rate, in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2022 to 30 June 2023 and, in accordance with Section 543(2), this rate be named “VERONS ROAD UPGRADE SPECIAL RATE – DWELLING POTENTIAL”.

Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of two thousand six hundred and seventy-four dollars ($2,674.00) per rateable assessment for the “VERONS ROAD UPGRADE SPECIAL RATE – DWELLING POTENTIAL” will not produce more than 50% of the total amount payable by the levying of the “VERONS ROAD UPGRADE SPECIAL RATE – DWELLING POTENTIAL” in accordance with Section 537(b) [base amount percentage is 49.98%].

i. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.14057c for each dollar of rateable land value in addition to a base amount of two hundred and ninety-seven dollars ($297.00), for the cost of the road upgrades in the Verons Estate. In accordance with Section 495(1), the special rate is to be levied only on those rateable properties without building entitlement within the Verons Estate which, in the opinion of Council, derive special benefit and are subject to this rate in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2022 to 30 June 2023 and, in accordance with Section 543(2), this rate be named “VERONS ROAD UPGRADE SPECIAL RATE – NO DWELLING POTENTIAL”.

Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of two hundred and ninety-seven dollars ($297.00) per rateable assessment for the “VERONS ROAD UPGRADE SPECIAL RATE – NO DWELLING POTENTIAL” will not produce more than 50% of the total amount payable by the levying of the “VERONS ROAD UPGRADE SPECIAL RATE – NO DWELLING POTENTIAL” in accordance with Section 537(b) [base amount percentage is 49.83%].

j. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.11677c for each dollar of rateable land value in addition to a base amount of one hundred and twenty-one dollars ($121.00) for the cost associated with the Nebraska road construction project. In accordance with Section 495(1), the special rate is to be levied only on those rateable properties within the Nebraska Estate which, in the opinion of Council, derive special benefit and are subject to this rate in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2022 to 30 June 2023 and, in accordance with Section 543(2), this rate be named “NEBRASKA ROAD CONSTRUCTION SPECIAL RATE”.

Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of one hundred and twenty-one dollars ($121.00) per rateable assessment for the “NEBRASKA ROAD CONSTRUCTION SPECIAL RATE” will not produce more than 50% of the total amount payable by the levying of the “NEBRASKA ROAD CONSTRUCTION SPECIAL RATE” in accordance with Section 537(b) [base amount percentage is 49.80%].

k. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.43105c for each dollar of rateable land value in addition to a base amount of one thousand one hundred and thirty-six dollars ($1,136.00) for the cost associated with the Jerberra road infrastructure project. In accordance with Section 495(1), the special rate is to be levied only on those rateable properties within the Jerberra Estate which, in the opinion of Council, derive special benefit and are subject to this rate in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2022 to 30 June 2023 and, in accordance with Section 543(2), this rate be named “JERBERRA ROAD INFRASTRUCTURE SPECIAL RATE”.

Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of one thousand one hundred and thirty-six dollars ($1,136.00) per rateable assessment for the “JERBERRA ROAD INFRASTRUCTURE SPECIAL RATE” will not produce more than 50% of the total amount payable by the levying of the “JERBERRA ROAD INFRASTRUCTURE SPECIAL RATE” in accordance with Section 53 (b) [base amount percentage is 49.96%].

l. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.14536c for each dollar of rateable land value in addition to a base amount of three hundred and eighty-three dollars ($383.00) per rateable assessment for the cost associated with the Jerberra electricity infrastructure project. In accordance with Section 495(1), the special rate is to be levied only on those rateable properties within the Jerberra Estate which, in the opinion of Council, derive special benefit and are subject to this rate in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2022 to 30 June 2023 and, in accordance with Section 543(2), this rate be named “JERBERRA ELECTRICITY INFRASTRUCTURE SPECIAL RATE”.

Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of three hundred and eighty-three dollars ($383.00) per rateable assessment for the “JERBERRA ELECTRICITY INFRASTRUCTURE SPECIAL RATE” will not produce more than 50% of the total amount payable by the levying of the “JERBERRA ELECTRICITY INFRASTRUCTURE SPECIAL RATE” in accordance with Section 537(b) [base amount percentage is 49.96%].

m. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.88193c for each dollar of rateable land value in addition to a base amount of two hundred fifty-seven dollars ($257.00) per rateable assessment for the cost associated with the Jerberra Road E2 infrastructure project. In accordance with Section 495(1) the special rate is to be levied only on those rateable properties within the Jerberra Estate which, in the opinion of Council, derive special benefit and are subject to this rate in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2022 to 30 June 2023 and, in accordance with Section 543(2), this rate be named “JERBERRA ROAD E2 SPECIAL RATE”.

Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of two hundred fifty-seven dollars ($257.00) per rateable assessment for the “JERBERRA ROAD E2 SPECIAL RATE” will not produce more than 50% of the total amount payable by the levying of the “JERBERRA ROAD E2 SPECIAL RATE” in accordance with Section 537(b) [base amount percentage is 49.85%].

n. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.03311c for each dollar of rateable land value to meet the costs of business promotions for the Sussex Inlet area and surrounds, in accordance with Section 495(1), which in the opinion of Council is of special benefit to the rateable assessments subject to the rate in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2022 to 30 June 2023 and, in accordance with Section 543(2), this rate be named “SUSSEX AREA SPECIAL RATE”.

o. Make an Annual Charge for Water Usage and Water Availability, in accordance with Section 502 and 552(1) (a) and (b), for the period 1 July 2022 to 30 June 2023, comprising a Water Usage Charge of $1.90 per kilolitre for all residential, commercial and Community Service Obligation categorised properties and a Water Availability Charge based on water meter size:

Size of Water Meter Service Connection	Charge 2022/23
20 mm	$84
25 mm	$140
32mm	$226
40mm	$354
50mm	$556
80mm	$1,417
100mm	$2,216
150mm	$4,981
200mm	$8,858

Properties with multiple water meter service connections will be levied an availability charge for each connection. In accordance with Section 552 of the Local Government Act 1993, any vacant land where the service is available will be levied an availability charge.

The charges be named “WATER USAGE CHARGE” and “WATER AVAILABILITY CHARGE”, in accordance with Section 543(3).

p. Make an Annual Charge for Sewer Usage and Sewer Availability, in accordance with Section 502 and 552(3) (a) and (b), for the period 1 July 2022 to 30 June 2023, comprising a Sewer Usage Charge of $2.00 per kilolitre for all residential, commercial and Community Service Obligation categorised properties and a Sewer Availability Charge based on water meter size:

Size of Water Meter Service Connection	Charge 2022/23
20 mm	$910
25 mm	$1,269
32mm	$1,938
40mm	$2,570
50mm	$3,635
80mm	$7,499
100mm	$10,751
150mm	$18,527
200mm	$28,744

Properties with multiple water meter service connections will be levied a sewer availability charge for each connection. In accordance with Section 552 of the Local Government Act 1993, any vacant land where the service is available will be levied an availability charge.

The charges be named “SEWER USAGE CHARGE” and “SEWER AVAILABILITY CHARGE”, in accordance with Section 543(3).

q. Make an Annual Charge for the availability of a Domestic Waste Management Service, pursuant to Sections 496 and 501 of the Local Government Act 1993, for the period 1 July 2022 to 30 June 2023, on all rateable properties categorised as residential for rating purposes and comprising of a building which is deemed to be a dwelling and located within the defined (urban) waste collection area.

The amount for the standard residential domestic waste management service be $441 for one 120 litre mobile garbage bin (MGB) for landfill waste and one 240 litre MGB for recycling. The landfill bin is collected weekly and recycling bin is collected fortnightly. For a higher annual charge of $767, the 120-litre landfill bin may be substituted for a 240-litre landfill bin. For a lower annual charge of $335, the 120-litre landfill bin may be substituted for an 80-litre landfill bin.

In accordance with Section 543(3), the charge be named “DOMESTIC WASTE MANAGEMENT CHARGE”.

r. Make an Annual Charge for a Rural Domestic Waste Collection Service, pursuant to Sections 496 and 501 of the Local Government Act 1993, for the period 1 July 2022 to 30 June 2023, on rateable properties comprising of a building which is deemed to be a dwelling and located outside of the defined (urban) waste collection area and opt for the rural domestic waste collection service.

The amount for the rural domestic waste collection service be $441 for one 120 litre mobile garbage bin (MGB) for landfill waste and one 240 litre MGB for recycling. The landfill bin is collected weekly, and the recycling is collected fortnightly. For a higher annual charge of $767, the 120-litre landfill bin may be substituted for a 240-litre landfill bin. For a lower annual charge of $335, the 120-litre landfill bin may be substituted for an 80-litre landfill bin.

In accordance with Section 543(3), the charge be named “RURAL DOMESTIC WASTE COLLECTION CHARGE”.

s. Make an Annual Charge, pursuant to Section 496 of the Local Government Act 1993, for the period 1 July 2022 to 30 June 2023, of $96 per assessment for administration and new works associated with future provision of domestic waste management services. The charge to be applied to any domestic assessments which have any boundary adjacent to a road receiving an urban domestic waste management service and

i. Does not have a dwelling situated thereon, or

ii. The closest point of the dwelling is 100 metres or more from the boundary of the road and the ratepayer chooses not to receive a domestic waste management service.

In accordance with Section 543(3), the charge be named “VACANT LAND SERVICE AVAILABILITY CHARGE”.

t. Make an Annual Charge for Stormwater Management Services, pursuant to Section 496A of the Local Government Act 1993, for the period 1 July 2022 to 30 June 2023, of $25.00 per eligible residential or business rate assessment and $12.50 per strata assessment. In accordance with Section 543(3), the charge be named “STORMWATER MANAGEMENT SERVICE CHARGE”.

u. Make an Interest Rate of 6.0%, pursuant to Section 566(3) of the Local Government Act 1993, for the period 1 July 2022 to 30 June 2023 (inclusive), which does not exceed the maximum interest rate chargeable on overdue rates and charges, accruing daily on a simple interest basis.

5. Thank the community for providing their submissions as part of the exhibition process and provide a response to each submission, outlining the outcome and actions undertaken relating to the issues raised.

Options

1. To endorse the 2022/23 Delivery Program, Operational Plan and Budget, Resourcing Strategy and the proposed recommendations for the making of ordinary and special rates and annual charges.

Implications: Delivery Program, Operational Plan and Budget, Resourcing Strategy and rates and charges will be adopted as required by legislation.

2. Not endorse the recommendations and resolve to make changes to the 2022/23 Delivery Program, Operational Plan and Budget, Resourcing Strategy or to make rates and annual charges using different values.

Implications: Council would need to provide direction to staff in relation to necessary budget adjustments to accommodate changes to the 2022/23 Delivery Program, Operational Plan and Budget, Resourcing Strategy or the recommended alternate rates and charges.

Background

Each year Council is required to outline the activities, programs, services and budget that are proposed for the following financial year. This process is undertaken to ensure that Council is clearly identifying how it will continue to meet the needs and aspirations of the community as specified within the Community Strategic Plan. This forms part of the Integrated Planning and Reporting (IP&R) Framework which is a legislative requirement of the Local Government Act 1993.

A report was provided to Council at the Ordinary Meeting on 9 May 2022 to seek to place the 2022/23 Draft Delivery Program, Budget, Fees and Charges and Resourcing Strategy 2022-26 on exhibition. The suite of documents was endorsed for public exhibition with the following resolution:

That Council:

1. Endorse the Draft 2022/23 Delivery Program and Operational Plan, Draft Budget, Draft Fees and Charges and Draft Resourcing Strategy for the purpose of placing on public exhibition for a period of 28 days.

2. Maintain the 2021/22 rating structure, comprising both base and ad valorem amounts noting that the use of a base amount results in bringing the higher and lower values closer together and in effect spreads the burden across the board to all ratepayers – noting also that this is a commonly used rating structure that is considered to provide the fairest and most equitable distribution of the rate levy across the LGA.

3. In accordance with Section 566(3) of the Act, endorse the rate of interest payable on overdue rates and charges for the period 1 July 2022 to 30 June 2023 (inclusive) to be 6% per annum which is the Office of Local Government recommended maximum for 2022/23 financial year.

4. Note that interest charges will continue to be waived for ratepayers that are experiencing financial hardship and they can apply for financial assistance under Council’s Hardship Policy.

5. Approve the Minister’s allowable limit of a 4.53% increase (1.7% rate peg plus 2.83% SRV catch-up) in 2022/23 to the notional yield as permitted by Section 511 of the Local Government Act 1993.

6. Receive a report on feedback from the community on the Draft 2022/23 Delivery Program Operational Plan and Budget following the public exhibition period.

This report outlines recommended changes and presents the final suite of planning documents to be endorsed.

Public Exhibition

In accordance with the resolution of Council, the 2022/23 Draft Delivery Program and Operational Plan (DPOP), Budget, Fees and Charges and Resourcing Strategy were placed on public exhibition from 11 May until 10 June 2022.

The engagement was set at the level of inform and consult within the IAP2 framework. Focus on the engagement process was to inform the community and ask for feedback on the draft documents. Submissions could be made to Council either via the online Get Involved page or via email, letter to Council or over the phone.

Communication & Engagement Activities included:

· Pop-up market engagement events (4 events, 123 discussions)

· Email invitations to provide feedback to:

o Community Consultative Bodies Executive Committee members

o Council Advisory Committee members

o State Agencies - Illawarra Shoalhaven Leadership Executive

· Social Media posts and two campaigns (17,923 total reach)

· “Get Involved” website including online submissions (1,129 visits)

· Highlighted projects map on Council’s webpage

· 2 Media releases and mentions by the Mayor on radio

· Details in Council’s weekly e-news, website news items

· Promotional flyers, posters at Council facilities

· Competition to encourage submissions with a chance to win SEC vouchers

The combined engagement statistics report is included as an attachment to the Council report on the draft Community Strategic Plan exhibition outcomes.

Summary of Submissions

A total of 25 individual submissions were received during the exhibition period on the DPOP, Budget or Capital Works program. The Community Strategic Plan had an additional 56 submissions, some of which were joint submissions or more relevant to the DPOP. Within these submissions there were several items, requests and suggestions.

Many of the individual submissions also included requests for new projects, items for funding or inclusion of actions in Council’s DPOP. Some submissions contained multiple issues, items or requests. The submissions are included in Table 1 and are accompanied with a staff comment, recommendation or proposed action in response.

Copies of each submission have also been provided in the Councillor Information Folder (Attachment 5) – the Reference number (Ref #) cross references the original submission. All submitters will receive a detailed email response following adoption of the final documents with additional staff comments alongside the summary provided in Table 1.

Table 1 - Submission items and recommended action

Ref #	Submission From	Subject/Comment/Issue	Staff comment / Recommended Action Required
D01	Community/Resident	Request to enhance Priority 2.3 with improvements to the targets/indicators. Protect pockets of bushland and state this as a priority. Development must be balanced with preserving natural heritage.	Council's DPOP has an objective 2.3.03 - 'Protect the natural environment by developing strategies to enhance and maintain biodiversity, urban green cover and ensure coastal protection’ Council has a rigorous environmental assessment process, whereby Development Applications are referred to Biodiversity specialists. This process ensures that all relevant environmental legislation is adhered to in order to achieve a balance between conservation and development.
D02	Community/Resident	Request assistance with development applications for charities and not-for-profits.	The Development Application process is heavily regulated by legislation. Applications are now required to be lodged digitally in the NSW Planning Portal. The ‘system’ can be frustrating for infrequent users. To assist customers Council has dedicated Portal officers to help with the lodgement of DAs. Further, if there are any questions or help is required, Council is happy to make staff available to discuss the process and what information is required for a development application. When a DA is ultimately assigned to an officer, that officer is the point of contact for our customers. Council also has a Development Hub website which contains information for people lodging applications.
D03	Community/Resident	Encourage rate increase to be limited to 2.5% due to cost of living pressures. Council support residents to plant more trees through subsidised for free tree giveaways.	Council promotes the stabilisation of habitat within private owned lands. For example, when approval is provided to private owners for tree removal, compensatory planting is recommended to occur to offset the impacts on habitat and carbon abatement. The private owner is provided a plant species list and a suggested offset ratio. By way of further example, new developments require a review by Council Biodiversity specialists to enact the requirements of the Biodiversity Conservation Act 2016 (NSW). Council is also developing a strong relationship with Greening Australia to plant areas within Council owned lands, as well as natural area rehabilitation works that are undertaken as business as usual. Rates is the main source of Council revenue and Council will not be able to deliver all projects currently identified in capital works program if the rates increase is limited to 2.5%.
D04	Community/Resident	Fix roads around Bay & Basin area.	Council is not in disagreement about the current state of the roads. As part of its advocacy for additional funds, Council has secured a promise from the incoming government to improve key roads including Forest Road ($8M), Callala Bay Road ($6M), Culburra Road ($14M), intersection works at Coonemia / Currarong / Callala Bay Roads ($2M), intersection works at Greenwell Point / Worrigee Roads, Wool Road ($3M) and St Georges Basin Rd ($2M). This is in addition to the estimated $50M of federal funding Council will be claiming for the rehabilitation of the road network after the devastating March 2022 rainfall event. The Draft DPOP also provides for $34.7 M of Capital upgrades to the road network and an increase of $2.6M on the existing road maintenance budget to bring that up to a total of $38.8M being spent in the 2022/23 financial year.
D05	Community/Resident	Basing rates on ad valorem is unfair. Doesn't appear any revenue raised by tourism and would like a tax on tourism.	Council’s residential rates are made up of two components. The first component is calculated by using the rate in the dollar (ad valorem). The second component is a base amount which is set at the maximum of 50 per cent of the total. All Residential properties are charged the same base amount. Council has the maximum base amount as set under the Local Government Act in order to address this ‘unfairness’. If Council does not use a combined ad valorem, base amount rating structure then the only other permitted rating structure is ad valorem only. As such, our Council minimises the impact of land fair value increase by applying maximum allowable by legislation base component of 50%. Since Council has invested in Tourism within the region, tourism expenditure and tourism related jobs have only increased. While this is not a direct profit to Council which can be invested into the tourism budget, the benefit considerable benefit to the local economy from Council's investment makes it worthwhile. Further to this, our Visitor Centre makes a profit through advertising and merchandise which offsets Council's investment in Tourism. Planning NSW has recently brought in new regulations for holiday homes (STRA’s Short Term Rental Accommodation) to provide a code of conduct and ensure compliance with state laws. Holiday Homes owners also pay full rates to council whether the homes are utilised year round or not, providing income to Council. Tourism infrastructure includes boardwalks, lookouts, general upgrades that not only enhance the tourist experience but also improve the day-to-day liveability of the region for community, a value is not easily measurable. Traditionally people think of tourism businesses simply as accommodation providers and tour operators, when in fact many small businesses including cafes, restaurants, bakeries and pharmacies which the community value are heavily reliant on tourism dollars in order to survive. Many of these businesses are small in nature and additional taxes at a time when fires, floods and covid have already impacted their trade would make an already challenging period even harder. Shoalhaven Tourism's objective is to disperse tourist away from peak periods (and hot spots such as Hyam's Beach) so that small businesses can make income year round, and to promote the development of an industry that is sustainable in the long-term.
D06	Community/Resident	Pensioner discounts have not risen but rates have. Condition of roads to Manyana are in poor state.	See submission detail D04 for roads. Council has no control over the $250 maximum pensioner concession amount as it is determined by the NSW State Government. Section 575 Reductions for eligible pensioners, is the relevant part of the Local Government Act 1993, that Council is obliged to refer to, specifically Section 575 (3) the total amount by which: (a) all ordinary rates and charges for domestic waste management services levied on any land for the same year are reduced is not to exceed $250. This sets the maximum concession amount that Council is permitted to apply. Since 1 July 2018, Shoalhaven City Council also provides a $10 voluntary pensioner concession in addition to the mandatory $250.00 maximum concession.
D07	Callala Beach Progress Association	Highlights capital works which should be included in 2022-23 program as per Council resolution.	*RECOMMENDATION:* • $50k moved forward to 2022/23 budget – from unfunded - Quay Rd - Pedestrian SUP Design Urban Upgrade/New $50,000. • $25k moved forward to 2022/23 budget – from 2030-31 - Silkwood Wlk – Streetscape Wlk Path Lighting Urban Upgrade/New $25k • $900k moved forward to 2023/24 budget – from unfunded - Quay Rd - Pedestrian CH0 SUP Stg1 Urban Upgrade/New $900k • $900k moved forward to 2024/25 budget – from unfunded - Quay Rd - Pedestrian CH0 SUP Stg2 Urban Upgrade/New $900k
D08	Community/Resident	Suggestion that short term rental properties could pay higher rates or surcharge.	Holiday homes or short term holiday rentals have been a feature of Shoalhaven for a long period of time, and they contribute to the tourism economy of Shoalhaven. Their use is currently regulated by NSW Government legislative framework. At present there is no legal ability to require them to pay higher rates or a surcharge, the funding from which could be put toward infrastructure or affordable housing. Council was however successful in having the following motion carried at the 2022 Local Government NSW Special Conference: “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”. As such this matter will continue to be pursued with the NSW Government through Local Government NSW to see what changes are possible and will be considered.
D09	Community/Resident	Request to bring forward plans for sewerage capital works in Tomerong.	In April 2021, for the village zoned area of Tomerong, Council resolved the following (MIN21.464): That Council include $7.3 million for the Tomerong Sewerage Scheme (as a pressure sewer scheme) in the Sewer Capital Works Program, for completion in the 2028/29 financial year based on the following: 1. Design of the scheme to commence in 2026/27 and construction commence in 2027/28, 2. Noting that the scheme is not currently funded, review the sewer availability charge as part of the 2022/23 DPOP preparation to ensure the project is accommodated in the Long Term Financial Plan, 3. The scheme also encompass any zoned land which has not been developed at this stage. 4. Shoalhaven Water to seek grant funding to assist with the financing of the scheme. The timeframes outlined in Council’s Resolution are based on Council fully funding the project. The only way for the project to be funded is through revenue raised by sewer charges, and the project is now included in the Long-Term Financial Plan, so it will be funded at the time outlined in the resolution. Should grant funding be received prior the project may be able to be brought forward and Shoalhaven Water have put the project forward for funding under the Town Water Risk Reduction Program.
D10	Community/Resident	Specific improvements to roads in Ulladulla. Council should provide green bins or larger rubbish bins at no extra charge.	See submission detail D04 for roads. Suggestion of removal of additional trees on roadside is noted by staff. The introduction of a green bin to all residents in the Shoalhaven is not currently part of Council’s waste strategy. An overview of common questions and answers related directly to green bins is available at Green Bins FAQ on Council's website. Further information will be provided directly to the resident. Councillors resolved at the 11 April Council meeting to receive a briefing on the costs associated with providing a green bin. This is scheduled for July 2022.
D11	Community/Resident	Request for more dog friendly areas and removal of 'dog prohibited' signs at Narrawallee.	A comprehensive review of Council’s Access Areas for Dogs Policy is now being undertaken. The Policy Review aims to improve the overall Policy operation and deliver a balanced outcome for all users of public space within the Shoalhaven. The Policy Review involves consideration of dog access areas, their categorisation and signage. Appropriate environmental due diligence is required to be applied with any changes to on-leash or off-leash areas for dogs. Suitably qualified professionals are to undertake environmental assessments for existing dog access areas designated by Council under the Access Areas for Dogs Policy review.
D12	Community/Resident	Request for green bins, more 24 hour dog access beaches, road condition improvements, concern for proposed developments in Mollymook.	See greenbin response in submission D10 and dogs policy review in submission D11. If the submission is relating to DA22/1138 for 56 Ocean Street, Mollymook, this is currently under assessment. There is a significant height variation proposed. It will be assessed having regard to clause 4.6 of the Shoalhaven Local Environmental Plan 2014 and other prescribed matters. Approval is unknown at this stage, as the assessment is incomplete.
D13	Community/Resident	Suggestion to provide resident parking permits in peak holiday season.	Feedback and suggestion acknowledged.
D14	Community/Resident	Request for Green bins, free kerbside bulky waste collection.	See greenbin response in submission D10. Full response to be provided to resident.
D15	Community/Resident	Request for green bins	See greenbin response in submission D10. Full response to be provided to resident.
D16	Community/Resident	Council carpark suggestion for Berry, footpath request, install heritage streetlighting in Berry.	Suggestions will be included in 2023/24 for further investigation.
D17	Community/Resident	Support for proposed rate increase.	Feedback on proposed rate increase acknowledged.
D18	Community/Resident	Request for increased heating of Ulladulla Leisure Centre pool.	The challenges in relation to the various users of our swimming pools at Ulladulla Leisure Centre in getting the right temperature for all is difficult. Ulladulla pool is actually the warmest indoor pool in the Shoalhaven. Heating is a very expensive exercise which we currently do not have budget for. In a few years' time, budget is allocated to replace the current heating system with heat pumps which, pending budget, may allow some heating of the outdoor pool also to provide more use of this across the year.
D19	Sanctuary Point Community Champions	Multiple queries on the proposed capital works program in Sanctuary Point, including roads, Wool Lane Sporting Complex Masterplan; request funding for small scale place based community projects.	Full staff response will be provided directly as multiple queries in relation to budget allocations and status of existing projects will require further research and collation by staff. Summary response: In relation to Wool Lane Sporting Complex, a proposed Master Plan Priority List was reported to Council’s Ordinary Meeting in February 2022 (MIN22.135). Revised priority list will be reported at 27 June 2022 meeting. In regard to funding for place based community projects, Community Wellbeing grants offer up to $2,000 for projects that support and enhance life in the Shoalhaven. For transparency and equity, funding is likely to be dispersed through a grants program.
D20	Nowra CBD Business Chamber	Methodology, application and service levels of Council's Commercial Waste Collection services in Nowra CBD.	Council’s annual domestic waste charge applies to the premises, is levied on the owner of the premises and allows for different quantities of waste generated on the premises in the form of variable bin sizes and numbers. The charge is not fixed as per a carparking space or a water connection point. The Chamber’s own investigation has found that many bins in the CBD are overflowing and may be too small. Note that the owner and occupier of business premises is responsible for ensuring they have an adequate provision for the particular waste types and quantities that they produce. Businesses, unlike domestic properties, are not required to use the domestic service but have a choice based on their specific waste generation rates, storage areas and other needs. Any business owner may utilise a private collection service from a commercial provider. The advantage is that the tenant, and not the property owner as with the domestic service, is able to enter into a contract with the commercial waste collection provider, who is able to enter the property, empty the bins and return them to the property, who is able to service the bins more than once a week or only once a month and who is able to provide a range of different bin sizes. This flexibility cannot be provided with the domestic waste collection service Business owners taking on the option of a commercial collection service will not be liable for any Council waste collection fees.
D21	Community/Resident	Flood and stormwater management in Culburra Beach. Queries provisions for bushfire mitigation and control.	Council completed a Flood Study for Lake Wollumboola in 2015 and this was subsequently adopted by Council. The outcomes from the Flood Study are used by Council to define flood prone land within the Lake Wollumboola catchment and ensure that appropriate development controls are applied to new developments. An updated Flood Study for the Lower Shoalhaven River catchment is currently on public exhibition, with the next stage a review of the Lower Shoalhaven River Floodplain Risk Management Study and Plan. This stage will assess all available structural and non-structural mitigation options that could be implemented to mitigate flood impacts on the community to reduce private and public losses resulting from floods and assist with flood evacuation. The Lower Shoalhaven River Flood Study includes all areas of Culburra Beach other than southern areas which drain to Lake Wollumboola. Upgrades to Council’s existing stormwater drainage network is managed through Councils stormwater drainage program. Upgrades are typically funded by stormwater levy charges and proposed stormwater drainage projects are summarised in draft Budget 2022/23. In Culburra Beach, upcoming projects include improvements to drainage near Greenbank Grove & West Cres intersections, upgrades to roadside drains along Prince Edward Ave and Penguin Heads Rd, Kerb and Gutters on Allerton Ave and Ocean St. Stormwater drainage projects undergo prioritisation against many other competing projects throughout the LGA.
D22	Vincentia Ratepayers Residents Association	Multiple queries and suggestions for capital works program in Vincentia.	Full staff response will be provided directly as multiple queries in relation to budget allocations and projects will require further research and investigations. Suggestions for capital projects have been passed onto relevant staff for consideration.
D23	Collingwood Beach Preservation Group	Multiple queries and suggestions for capital works program in Vincentia.	As per submission D22.
D24	Diana Lorentz, Jervis Bay Maritime Museum (Ref. by Clr White)	Request to ensure matched funding for upgrade of the wharf at the Maritime Museum to match Crown Lands grant funding.	Confirm that a project budget is included within the draft 2022/23 Capital Renewal Budget titled 'JBMM Jetty Replacement 2022' for an amount of $158,000, of which the $88,000 will be funded in addition to contingency and project management costs and ancillary works.
D25	Shoalhaven Heads Community Forum (Ref. by Clr White)	Capital works funding requests - Jerry Bailey Oval toilet block; Lions Club Viewing Platform.	Budget was allocated to fund viewing platform Includes $137,000 grant and $125,000 Council contribution. The budget for Jerry Bailey Oval remains unchanged to accommodate delivery of the project.

Delivery Program Operational Plan

There are no proposed amendments to Council’s Delivery Program objectives or Operational Plan Actions or reporting measures from the version placed on public exhibition. The DPOP is included as Attachment 1, with the Fees and Charges included as Attachment 2 (Part 1) and Attachment 3 (Part 2). Updates to fees and charges are included in the resolution.

Considerations and Proposed Changes to 2022/23 Budget

Operational Budget

Income Statement – General Fund was updated to reflect March QR carry-forwards such as $700K operational costs for OneCouncil Implementation project and $150K for Environmental Assessments for the Dog Policy Review.

Capital Works Listing

It is important to note that the Draft DPOP was prepared prior to the March Quarterly Budget Review and before severe damage to Council infrastructure caused by recent East Coast Low weather pattern. As such, further changes were made to refine the Capital Works Program as outlined in Attachment 4.

As a result of the March Quarterly Budget Adjustments and submissions, the total Capital Works Program increased from $191M to $247M: General Fund works increased by $36M, Water by $4M and Sewer by $15M (includes $12.5M Moss Vale Road revote). The major increase in General Fund capital works relate to March revotes such as $16.6M for the Far North Collector Road, $2M total of Bushfire Local Economy Recovery Fund (BLERF) projects with the funding received in the third quarter of the 2021/22 financial year, and $1.8M of plant purchases carried forward into the next financial year due to delays in supply chain.

Similar to this financial year, the 2022/23 budget will remain flexible and may subject to change particularly given volatility of the energy market and high inflation.

Editorial and Formatting Changes

As part of the exhibition process some minor editorial and formatting changes were identified and these changes have already been made to the DPOP and included in the documents provided with this report.

These changes have not been specifically identified within the body of the report as they do not change the intent of the document or any budget position and are considered minor in nature.

Resourcing Strategy

Within the Asset Management Policy there have been minor amendments related to a better explanation of our asset portfolio (a number of items were added to the list in Section 2) and clarification of some linkages with agreed Service Levels. Council’s Resourcing Strategy 2022-26 is included as Attachment 5.

The Long-Term Financial Plan was updated to reflect an updated capital works program and budget and is included as a separate Attachment 6.

There have been no amendments to the remaining elements of the Resourcing Strategy to the version which was exhibited.

Rating Structure

In order for Council to levy rates and charges for the 2022/23 rating year, Council is required to resolve the making of all rates and annual charges, in accordance with the Local Government Act 1993 & Local Government (General) Regulations 2005.

One (1) submission was received in support of the full proposed rate increase during the public exhibition period regarding the proposed 2021/22 Rating Structure. One (1) submission asked to limit the rate increase to 2.5%. No submissions were received in opposition to the proposed rate increase.

Following publication of Council’s draft Revenue Policy, in accordance with Section 532 of the Local Government Act 1993, the rating structure was updated by re-doing the calculations on the basis of Supplementary Notices from the Valuer-General dated 4 June 2022. The revision resulted in small changes and the revised rating structure for 2022/23 for ordinary and special rates is presented below. These changes have already been included in the DPOP documentation that has been provided with this report.

Table 2. Ordinary Rates

Sub-Category	No. of Rateable Properties	Land Value	Ad Valorem (c in $)	Base Rate Amount ($)	Total Rate Yield ($)
Ordinary Residential Rates	55,475	$20,426,216,745	0.18978	$697.00	$77,431,085
Residential Non-Urban Rates	941	$35,991,200	0.18978	$49.00	$114,413
Ordinary Farmland Rates	635	$871,466,200	0.15700	$697.00	$1,810,797
Farmland Rates - Dairy Farmers	150	$265,325,000	0.07990	$697.00	$316,545
Ordinary Business Rates	151	$2,246,220	0.38983		$8,756
Business Nowra Rates	365	$229,190,900	0.59010	$697.00	$1,606,861
Business Commercial / Industrial Rates	1,819	$1,051,539,740	0.27380	$697.00	$4,146,959
	59,536	$22,881,976,005			$85,435,415

Table 3. Special Rates

Sub-Category	No. of Rateable Properties	Land Value	Ad Valorem (c in $)	Base Rate Amount ($)	Total Rate Yield ($)
Verons Road Upgrade Special Rate - Dwelling Potential (commenced 1 July 2017)	22	$9,440,000	0.62359	$2,674.00	$117,695
Verons Road Upgrade Special Rate - No Dwelling Potential (commenced 1 July 2017)	10	$2,127,000	0.14057	$297.00	$5,960
Nebraska Road Construction Special Rate	23	$2,402,400	0.11677	$121.00	$5,588
Jerberra Rd Infrastructure	103	$27,186,100	0.43105	$1,136.00	$234,194
Jerberra Electricity Infrastructure	103	$27,186,100	0.14536	$383.00	$78,967
Jerberra Road - E2	16	$469,000	0.88193	$257.00	$8,248
Sussex Area Special Rates	99	$51,790,315	0.03311		$17,148
Total	376	$120,600,915			$467,800

In accordance with Sections 534 and 535 of the Local Government Act 1993, Council can resolve to make rates and charges for the 2022/23 financial year.

Conclusion

The 2022/23 Draft Budget was prepared based on the principles of prudent financial management and fiscal discipline. As demonstrated in the table below, the proposed changes to the 2022/23 Draft Budget have no impact on net unrestricted cash and the final 2022/23 budget will remain balanced. This indicates that the budgeted general fund operational and capital expenditures do not exceed the general revenue and available internal and external restrictions of the Council and consequently conforms to the requirement of no cash deficit budgeting.

	2022/23 Budget ($'000)
	General Fund	Water Fund	Sewer Fund	Consol.*
Draft 2022/23 Budget
Net Operating Results	32,450	3,305	8,765	42,526
Net Surplus/(-Deficit) before Capital	306	-359	6,365	4,318
Other Cash Adjustments
Capital Expenditure	-142,601	-24,367	-25,018	-191,986
New Borrowings	21,080	0	0	21,080
Loan Principal Repayments	-13,425	0	-5,416	-18,908
Proceeds from the disposal of assets	5,659	120	100	5,879
Receipt of Internal Loan Repayment	0	1,119	-1,119	0
Depreciation Adjustment	48,032	10,688	16,416	75,136
Dividend Paid to General Fund	1,994	-458	-1,536	0
Net Cash Outflow	-46,811	-9,593	-7,808	-66,273
Reserve Movements
Net Transfers from Reserves	46,811	9,593	7,808	64,212
General Fund Net Cash Movement	0	0	0	0
Adjustments to 2022/23 Draft Budget Post-Exhibition:
Net Operating Results	1,671	-165	-1	1,505
Net Surplus/(- Deficit) before Capital	-491	-165	-1	-657
Other Cash Adjustments
Increase in Capital Expenses mainly due to March QR Revotes	-35,959	-4,440	-14,554	-54,953
Net Cash Outflow	-34,288	-4,605	-14,555	-53,448
Reserve Movements
Additional Transfers from Reserves (from March Revotes - Committed Capital Reserve and Operational Budget carry forwards)	34,288	4,605	14,555	55,509
General Fund Net Cash Movement	0	0	0	0
Updated 2022/23 Budget:
Net Operating Results	34,121	3,140	8,764	44,031
Net Surplus/(Deficit) before Capital	-185	-524	6,364	3,661
Other Cash Adjustments
Capital Expenditure	-178,560	-28,807	-39,572	-246,939
New Borrowings	21,080	0	0	21,080
Loan Principal Repayments	-13,425	0	-5,416	-18,908
Proceeds from the disposal of assets	5,659	120	100	5,879
Receipt of Internal Loan Repayment	0	1,119	-1,119	0
Depreciation Adjustment	48,032	10,688	16,416	75,136
Dividend Paid to General Fund	1,994	-458	-1,536	0
Net Cash Outflow	-81,099	-14,198	-22,363	-119,721
Reserve Movements
Net Transfers from Reserves	81,099	14,198	22,363	119,721
General Fund Net Cash Movement	0	0	0	0

*Note: Consolidated results include interfund adjustments not listed in the table.

Following the consideration of the submissions received and the identification of the required changes, it is recommended that the Draft Delivery Program and Operational Plan 2022/23, Draft Budget, Fees and Charges and Draft Resourcing Strategy be adopted by Council, with proposed changes, as outlined in the recommendation at the beginning of this report.

Ordinary Meeting – Monday 27 June 2022

Page 1

CL22.262 Community Strategic Plan 2032 - Exhibition Outcomes

HPERM Ref: D22/219668

Department: Corporate Performance & Reporting

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Draft Community Strategic Plan 2032 - Post Exhibition (under separate cover) ⇨

2. Engagement Report - Exhibition Draft IP&R document 2022-23 ⇩

3. Draft CSP 2032 Exhibition - Full Submissions (councillors information folder) ⇨

Reason for Report

The purpose of this report is to seek Council’s endorsement of the Community Strategic Plan - Shoalhaven 2032. The report provides a summary and comments related to the outcomes of the public exhibition process undertaken from 11 May to 10 June 2022.

Recommendation

That Council

1. Receive feedback provided by the community on the Draft Community Strategic Plan for information.

2. Endorse the Community Strategic Plan - Shoalhaven 2032 with recommended amendments.

3. Publish a copy of the endorsed Community Strategic Plan on Council’s website and provide advice to the Office of Local Government.

4. Thank the community for providing their submissions as part of the exhibition process and provide a response to each submission, outlining the outcome and actions undertaken relating to the issues raised.

Options

1. To endorse the Community Strategic Plan - Shoalhaven 2032

Implications: The Community Strategic Plan will be endorsed by 30 June 2022 as required by legislation.

2. Not endorse the recommendations and resolve to make changes to the Community Strategic Plan - Shoalhaven 2032

Implications: Council would need to provide direction to staff in relation to any further amendments.

Background

Local Councils in NSW are required to undertake their planning and reporting activities in accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2021. The Act and Regulation provide guidelines for Councils to follow to ensure community involvement is central to the formation of strategic plans that drive Council’s long-term planning and day to day operations.

The Community Strategic Plan (CSP) is the community’s plan for the Shoalhaven. It has a minimum ten-year timeframe and should reflect the community’s aspirations (needs and wants) for the Shoalhaven. Council’s role in the production of the CSP is to facilitate its development and produce the document. The CSP is not just a Council plan but a community plan and responsibility for achieving our long-term objectives rests with the collective commitment of all levels of government, businesses, industry groups, community organisations and individuals.

A report provided to Council at the Ordinary Meeting on 9 May 2022 resulted in the following resolution:

That Council:

1. Endorse the Draft Community Strategic Plan - Shoalhaven 2032 for the purpose of placing on public exhibition for a period of 28 days to seek further community feedback

2. Receive the ‘Stage 1 Community Engagement Report for the Community Strategic Plan Review’ for information

3. Endorse the Community Engagement Plan for Stage 2 of the Community Strategic Plan Review

4. Thank the community for their participation to date and invite further feedback during the public exhibition period

5. Receive a report on feedback from the community on the Draft Community Strategic Plan - Shoalhaven 2032 following the public exhibition period.

This report includes an overview of the community engagement activities, outlines any recommended changes, and presents the final draft Community Strategic Plan - Shoalhaven 2032 to be endorsed and is included as Attachment 1 for consideration.

Public Exhibition

In accordance with the resolution of Council, the Draft Community Strategic Plan was placed on public exhibition from 11 May until 10 June 2022.

Communication & Engagement Activities included:

· Pop-up market engagement events (4 events, 123 discussions)

· Email invitations to provide feedback to:

o Community Consultative Bodies Executive Committee members

o Council Advisory Committee members

o State Agencies - Illawarra Shoalhaven Leadership Executive

· Social Media posts and two campaigns (17,923 total reach)

· “Get Involved” website including online submissions (1,129 visits)

· Highlighted projects map on Council’s webpage

· 2 Media releases and mentions by the Mayor on radio

· Details in Council’s weekly e-news, website news items

· Promotional flyers, posters at Council facilities

· Competition to encourage submissions with a chance to win SEC vouchers

The combined engagement statistics for the public exhibition of the full draft suite of Integrated Planning & Reporting documents are included as Attachment 2.

Summary of Submissions and Recommended Changes

A total of 56 individual submissions on the CSP were received during the exhibition period. Within these submissions there was a variety of feedback, some which were joint submissions or more relevant to the Draft Delivery Program Operational Plan & Budget 2022/23. The DPOP & Budget had an additional 25 submissions, with all feedback considered across the suite of documents.

The summary of submissions is included in Table 1 and are accompanied with a staff comment, recommendation, or proposed action in response. Recommended changes to the CSP have been made to the document.

Copies of each submission have also been provided in the Councillor Information Folder – the Reference number (Ref#) cross references the original submission (Attachment 3).

All submitters will receive a detailed email response following adoption of the final documents with additional staff comments alongside the summary provided in Table 1.

Table 1 - Submission items and recommended action

Ref #	Submission From	Subject/Comment/Issue	Staff comment / Recommended Action Required
S01	Community/Resident	Highlighting importance of issues in lower Shoalhaven River and query on Coastal Management Plan implementation.	The Lower Shoalhaven River Coastal Management Program is fully funded and listed in Council’s DPOP Capital Works Program, line item 153.
S02	Community/Resident	Update Outcome 2.2 as community values include the desire to preserve unique character of small coastal villages	*RECOMMENDATION:* Add an additional outcome to the CSP Priority 2.2 which reads: "Development contributes to and enhances neighbourhood character." Council can consider future priority activity to support further work on character through the development of the Strategic Planning Works Program for consideration in July 2022.
S03	Community/Resident	Disapproval of Council's approval of Boongaree Nature Park, Mananga and tourist facility on Bong Bong Rd as the first step in destruction of Berry's village atmosphere.	Full staff response will be provided directly, summary included below: The town of Berry was the subjected to the construction of a bypass road that threatened potential future growth of the town’s economy. Combined with an identified lack of quality green space / stopping location, Boongaree was proposed to address both issues - reconverting lost visitation and providing a platform for further growth into the future. Council has worked collaboratively and consulted with the community in relation to Boongaree the recently opened Nature Play Park, to deliver an inclusive and accessible facility that would be enjoyed by locals and visitors for many years to come.
S04	Community/Resident	Complaint on the poor quality of the roads through Milton, Ulladulla & Mollymook, and lack of footpaths in Milton & Mollymook and difficulty of navigating with a pram.	Council is not in disagreement about the current state of the roads. As part of its advocacy for additional funds, Council has secured a promise from the incoming government to improve key roads including Forest Road ($8M), Callala Bay Road ($6M), Culburra Road ($14M), intersection works at Coonemia / Currarong / Callala Bay Roads ($2M), intersection works at Greenwell Point / Worrigee Roads, Wool Road ($3M) and St Georges Basin Rd ($2M). This is in addition to the estimated $50M of Federal funding Council needed for the rehabilitation of the road network after the devastating March 2022 rainfall event. The Draft DPOP also provides for $34.7 M of Capital upgrades to the road network and an increase of $2.6M on the existing road maintenance budget to bring that up to a total of $38.8M being spent in the 2022/23 financial year on the Shoalhaven road network.
S05	Community/Resident	Lack of footpaths in residential streets of Ulladulla to accommodate those using wheelchairs etc. Streets that have no kerb and guttering and lack of streetscape appeal.	Council has a Pedestrian Access and Mobility Plan (PAMP) strategy that identifies and prioritises the construction of new paths across the city. In the broader Milton-Ulladulla area alone there is over 118 path projects currently identified, and the plan is currently undergoing a review which could identify more projects in consultation with the community. Request has been noted but it will never be feasible or practical to build paths in every residential street, the strategy prioritises projects on the basis of demand and safety criteria (but Council ultimately determine the locations taking into consideration community feedback). Request for a path that links “all the way around Ulladulla and Mollymook” is already captured in the plan, along several demand corridors.
S06	Community/Resident	Suggested amendments to strengthen the language around climate change and clean energy generation.	*RECOMMENDATION:* A review of community feedback shows support for the following recommended amendments as suggested: Under 'We want to see' - Additional point 'Clean energy generation' Under 'Key Challenges' - Climate change Additional point 'impacts of drought on community, agriculture and industry' The Key Priority 'Protection of the natural environment...' includes the climate by definition, no recommendation to amend Priority 2.3. Recommended update to outcomes in 2.3 to address mitigation & adaptation - • Achievement of greenhouse gas reduction targets for Council and community in order to mitigate climate change • Collaboration with partners to adapt to a changing climate Recommended amendment to measurement of GHG to read "Council's Greenhouse gas emissions (tonnes CO2e-) baseline 2020-21, reported annually" "Number of Sustainable Energy Strategy initiatives implemented" is an annual reporting measure already included in the Operational Plan.
S07	Community/Resident	Suggested performance measure be the number of development applications that are approved by Council after receiving more than 50 (for example) opposing submissions.	* Development applications with significant public interest are usually called in by Councillors and reported (publicly) to Council for determination. * Development applications with submissions, can be approved or refused, depending on the final assessment. The Council can choose to accept a recommendation or otherwise. * The bulk of applications are dealt with under delegation and do not attract significant public interest / objection. * All development applications are viewable on the DA tracking website, inclusive of public submissions.
S08	Community/Resident	Feedback on negative experiences and poor communication from Council.	Feedback on the draft Plan has been acknowledged and feedback on interactions with Council staff has been forwarded to relevant staff. To acknowledge the importance of improving Council's Customer Experience, a new Council objective in the Delivery Program will guide our work in this area - "Provide an excellent customer experience through responsive and inclusive communication channels and processes". This will encompass a whole of Council focus on improving the rate of resolution of customer enquiries at first contact and the quality and timeliness of communications.
S09	Community/Resident	Build inspiring places and spaces along the Nowra riverfront.	Feedback on the draft Plan has been acknowledged and forwarded to relevant staff for consideration in future planning.
S10	Community/Resident	Suggestion to include strategic statement on aged care service for retirees. Feedback on population forecasts and comment there is no provision for fauna/flora protection or policy regarding preservation of wildlife corridors or marine parks.	Full staff response will be provided directly, summary included below: Council has an approved Sustainable Energy Policy committed to achieve net zero emissions by 2050. Amendments to this policy currently under development is to include climate change and more general sustainability strategies. There are designated wildlife corridors in the Illawarra-Shoalhaven Regional Plan 2041. It has been acknowledged that the existing mapping is coarse and Council’s LEP Terrestrial Biodiversity Layer is misaligned with this. The NSW Department of Planning and Environment (DPE) are currently undertaking a comprehensive review of this layer and Council will incorporate the new mapping to inform decision making. Development Applications submitted to Council are critically reviewed by appropriately qualified personnel in accordance with the Biodiversity Conservation Act 2016 (NSW) which is to establish a framework for assessing and offsetting biodiversity impacts from proposed developments. A biodiversity offsets scheme (BoS) delivers a transparent, consistent, and scientifically based approach to biodiversity assessment and offsetting. Nonetheless, avoidance of impacts on biodiversity is adopted as a first principle using the BoS as it is based on the ‘avoid, minimise, offset’ hierarchy to ensure that ‘no net loss’ of biodiversity occurs. Vegetation clearing that may have occurred in recent years is attributed to previous legislation and pre-existing approvals. In this case, Council can hold proponents to the conditions of consent and try to work with them to achieve best practice. In relation to Marine Parks, DPI have jurisdiction over these lands, but Council works very closely with them to achieve collaborative outcomes.
S11	Community/Resident	Commends work to revitalise the Nowra CBD and desire for more cultural activities. Highlights that Bomaderry is missing from location map and encourages revitalisation.	Feedback on the draft Priorities have been noted and suggestions for economic revitalisation have been distributed to relevant staff for consideration. Bomaderry has been added to the map as this was an oversight.
S12	Community/Resident	Would like to see reference to plans for addressing loss of trees, habitat and wildlife corridors caused by subdivision development, and a reinstatement of an effective tree preservation policy.	See response S10.
S13	Community/Resident	Concern people are buying in the area but aren't living here.	Feedback on the draft Plan has been acknowledged and forwarded to relevant staff for consideration in future planning.
S14	Community/Resident	More specific guidelines for land-use planning to retain the character of our villages. Create community green space at 59 Owen St, Huskisson. No multi-storey carpark at 40 Owen St. Include reference to existing community-led plans. Include targets for gender parity in Council leadership roles & elected Council.	See recommendation in submission S02 regarding addition of new outcome. A review of the zoning in this part of Huskisson is not currently being considered by Council. The current zoning in the subject area is considered appropriate in the context of Huskisson as one of our urban centres (i.e., Huskisson-Vincentia area). Multi-dwelling housing also provides opportunities for choice and diversity in housing options which is increasingly important in the current climate. Next year's Operational Plan has an item to "Define the parameters of the project to create a ‘Heart of Huskisson’ at 59 Owen Street Carpark Development" which will be undertaken by the City Futures directorate. There was an assessment of the 5 community-led strategic plans from across the Shoalhaven as part of the review and update of the CSP. Acknowledgement of this is included in page 40 of the CSP. Feedback has been provided to relevant staff for consideration in future planning.
S15	Community/Resident	Footpath/Bike path for Naval Parade, Erowal Bay.	See submission response S25
S16	Community/Resident	Signage to protect local wildlife killed by vehicles. Less destruction of bushland for development. Affordable rentals and less temporary tourist rentals. Suggestion to increase rates for holiday homes and discounts for making permanent affordable rentals available.	Council is collaborating closely with Wildlife Rescue South Coast to ensure that data on wildlife injuries and road kills is appropriately utilised to determine if the signage to prevent this from occurring is at the optimum level. Further information regarding work in this area will be sent to resident. Holiday homes or short-term holiday rentals have been a feature of Shoalhaven for a long period, and they contribute to the tourism economy of Shoalhaven. Their use is currently regulated by NSW Government legislative framework. At present there is no legal ability to require them to pay higher rates or a surcharge, the funding from which could be put toward infrastructure or affordable housing. Council was however, successful in having the following motion carried at the 2022 Local Government NSW Special Conference: “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”. As such this matter will continue to be pursued with the NSW Government through Local Government NSW to see what changes are possible and will be considered.
S17	Community/Resident	Nowra to Shoalhaven Heads bike path; crossing at Bundanon allowing round trip from North to South Nowra.	Full staff response will be provided directly, see S04.
S18	Community/Resident	Stop upgrades to Jellybean Park and Junction Court. Focus on fixing roads; more stores; things for people with disabilities to do; do mowing on time; more play centres; bring Big W to area; clean up the parks.	Feedback on regularity of cleaning and maintenance regimes has been provided to relevant staff for consideration. Council welcomes specific reports on particular issues at locations through the 'Report a Problem' on Council's website. Council continues to focus on advocating and promoting the Shoalhaven to attract increased investment and diverse new businesses and services to the area (Delivery Program Objective 3.1.02).
S19	Community/Resident	Feedback on Council maintenance regimes. Amend LEP in Huskisson to stop multi-unit development. Build a better Bay & Basin Council Depot & Office and Tourist Centre.	Feedback on regularity of cleaning and maintenance regimes has been provided to relevant staff for consideration. Council currently supports two Visitor Centres in the region, Nowra, and Ulladulla. There is also a great Visitors Centre in Jervis Bay supported by volunteers and several small businesses in our towns and villages that work with Council to provide information for visitors. Staff also attend events in our mobile visitor’s services van. A review of the zoning in Huskisson is not currently being considered by Council. The current zoning in the subject area is considered appropriate in the context of Huskisson as one of our urban centres (i.e., Huskisson-Vincentia area). Council is determining the future strategy for upgrade of our Council depots. With the construction of the new Sanctuary Point Library and Community Hub, Council will be exploring options for the provision of customer services through the new facility.
S20	Community/Resident	Commercialise the riverfront.	Council is committed to moving forward with proposed urban design and planning control changes that will enable the redevelopment of the Nowra Riverfront Entertainment and Leisure Precinct. There are a number of technical studies underway which will support a future planning proposal to revise and update the planning controls (including zoning and building heights) for the Precinct.
S21	Community/Resident	Importance of building roads, schools, and urban infrastructure. Need more social housing.	Feedback on the draft Plan has been acknowledged and forwarded to relevant staff for consideration in future planning.
S22	Community/Resident	Safe footpaths, roads, play areas and facilities for our youth in North Nowra.	Council is currently confirming the budget and schedule for playground replacements in the 22/23 financial year. Pending the approved budget and scheduling of playground to be replaced, this presents opportunity for upgrade to an existing playground in North Nowra. The provision of new social infrastructure is guided by Council’s Community Infrastructure Strategic Plan (CISP). The CISP is scheduled for review in 2022, which presents an opportunity for Council to review and consider any need for new facilities in our reserves. Given that this proposal may have further support from the community, this may be a matter that can be investigated upon the upcoming review of the CISP.
S23	Community/Resident	Concern for housing affordability and homelessness. Essential facilities/services not sufficient during peak holiday times. Questions need to ban dogs from all beaches for seabird nesting.	The draft plan recognises the key challenge of housing affordability and Council is working towards the 4-year Objective in the Delivery Program of "Develop plans which will enable a variety of affordable and appropriately serviced housing options". Actions in this area include the continued implementation of the Affordable Housing Strategy and convening of the Homelessness Taskforce. Tourism is one of the largest industries within the Shoalhaven Region with average expenditure in the region surpasses $1 billion dollars, well above average when compared to other LGAs throughout NSW. The industry supports an estimated 6,000 jobs in the region, ranking as one of the top four employment sectors for the Shoalhaven. Since Council has invested in Tourism within the region, tourism expenditure and tourism related jobs have only increased, giving considerable benefit to the local economy and local employment.
S24	Community/Resident	Concern for facilities closed off in Currarong - Little Windy Beach access, Mermaids Inlet, and access to Hare Bay where metal railings have been placed and large ugly blocks along road.	Council liaises with the Currarong Community Association regarding projects in the Currarong area. With regard to the blocks along Currarong Road and closing of accesses, these have been placed at the request of NSW Crown Lands to control access by 4WD vehicles onto the beach dunes which have been damaging endangered vegetation. The metal railings along Currarong Road are crash barriers. The required locations of these were identified during the design of the road and associated road safety audit.
S25	Community/Resident	Request for bike track in Erowal Bay to improve access for children, cyclists, and elderly scooter riders.	Council's Pedestrian Access and Mobility Plan (PAMP) and Bike Plan strategy will soon be undergoing a review which could identify more projects in consultation with the community. We note your comments, and share your vision of improving the connections to/from Erowal Bay. The strategy already proposes improvements between Erowal Bay and the broader Bay & Basin cycleway network, and Council has already commenced discussions with National Parks & Wildlife Service with intent to ultimately secure an easement to facilitate a safe and efficient connection directly through the adjacent bushland (the existing track, which is proposed to be upgraded) through to Old Erowal Bay to access the existing regional cycleway. This proposed route will keep pedestrians and cyclists away from the higher speed, higher volume main road corridor. Whilst the road corridor is also likely to be improved over time with wider sealed shoulders, the strategy envisages providing pedestrians and cyclists with a safer and more direct alternative.
S26	Community/Resident	Request for cycle way path from Erowal Bay to join up with Vincentia Bay and Basin cycle pathway.	See response S25.
S27	Community/Resident	Request for footpaths at Greenwell Point Public School (Church/Jervis Streets). School needs designated bus parking area with a shelter.	A footpath is proposed on Jervis St outside the school with a shared user path proposed along Church Street. Following feedback, construction of the Jervis St footpath will be nominated as project for the 2023/24 financial year in Council’s draft 10-year Capital Listing. Design for the Church St path will be proposed for 2024/25 with construction in 2025/26. In response to your request to construct a bus shelter closer to the school, the one outside 82 Greenwell Point Road was moved to this location in 2019 following a review of requirements in the area. There have not been any significant changes to activities in the area therefore a re-review has not been conducted.
S28	Community/Resident	More accessible, reliable electric public transport for Nowra.	One of the outcomes in CSP Priority 1.1 is improvement to transport services. The related objective in Council's Delivery Program - 1.1.04 - "Advocate for improvements to public transport services and provide support for community led initiatives that improve transport options". This includes actions for Council to engage with community service providers and the State Government to improve public transport and transport connectivity.
S29	Illawarra Shoalhaven Local Health District	Multiple points of feedback and suggestions with a health and wellbeing perspective.	Feedback has been discussed and reviewed by the Community Connections Team who would like to explore opportunities for partnership and collaboration with ISLHD moving forwards. Council's Wellbeing Plan is currently in development and there may also be scope for this work to be captured as part of this.
S30	Community/Resident	Request that CCB guidelines are updated to meet the changing needs of our times and be inclusive of our communities.	The Community Consultative Body Guidelines are due for review in 2022 and will be updated with consideration of community feedback received. Council has committed to support community wellbeing by fostering active and healthy communities under priority 1.3 in the draft Delivery Program and Operational Plan 2022/23. The Community Connections team will do this by supporting all local networks including Community Consultative Bodies to improve equitable access to information and opportunities as per the Delivery Program Objective 1.3.04.01.
S31	Community/Resident	Suggestions to add additional partners and measurements to Priority 1. Include affordable rental and social housing ratios in DAs. Advocate for improved medical/employment/training services. Add community engagement to build capacity of vulnerable cohorts (not all people have digital access).	Additional suggested implementation partners have been noted and will be utilised in delivering Council's programs. Council has an approved Sustainable Energy Policy. Under this policy, Council has committed to achieve net zero emissions by 2050, with key interim targets of: Reducing our corporate emissions by 25% by 2025 and 50% by 2030, compared to 2015 levels. Council's Delivery Program has the 4-year Objective 1.1.01 "Support communities to prepare for, respond to and recover from natural disasters, extreme weather and other emergencies" this includes number of programs delivered by Community Connections team which focus on activities which build community strength and capacity. Advocacy suggestions noted.
S32	Huskisson Woollamia Community Voice	Joint submission on CSP/DPOP. Multiple items: Outlines differences between 'Huskisson Woollamia Speaks' and 'Bay and Basin Community led Strategic Plan' and CSP/DPOP. Outline items seen to not adequately included as key priorities, outcomes, or measures – in particular around protected environments, balanced and sustainable development, over development, loss of our natural environment and climate change. Suggested measures and additional actions included in the plans.	Full staff response will be provided directly as multiple issues, queries and suggestions have been raised in the 18-page submission. Suggestions for additional actions and measures have been distributed to relevant staff for investigation and consideration in future revisions and updates of Council's plans. Questions raised will be answered in direct response. The Strategic Planning Works Program is the tool/way Council prioritises, manages, and tracks the strategic land use related planning projects being undertaken by its Strategic Planning Team. The Program is reviewed and set on an annual basis and is aligned with the Integrated Planning & Reporting Framework, Local Strategic Planning Statement and tasks arising from the NSW Government Land Use Planning Activity.
S33	Community/Resident	Feedback on the strategic relationships embedded in the plan between the various social justice principles. Recommends the Bay and Basin Community Led Strategy Plan which demonstrates how the internal coherence of a Strategy Plan can be explored and implemented. Would like to see integrated, holistic and value measurement approaches to planning.	Feedback on the draft Plan has been acknowledged and forwarded to relevant staff for consideration in future development of strategic planning documents. Council recognises the importance of community-led strategic plan and the value they can contribute to place-based planning objectives.
S34	Community/Resident	Query on Population forecasts. Outlines issues with key challenges - house affordability, natural environment, and pressure on bushland. Indicator of new businesses employing 1 person misleading and not in interest of Shoalhaven. Need leadership to sell the message that to protect the natural environment we need to make better use of our existing urban environment. No real recognition of cycleways. Suggested changes to Economic indicators and feedback on increased community engagement in decisions.	Population figures and forecasts are being confirmed, projected increase for over 60s by 2031 was incorrect and has been amended. In 2022 Council will update its Community Engagement Policy which will address some of the issues raised in the submission. This policy will underpin all engagement by staff to ensure best practice methods are used in all community consultations. It must be noted that "engaging with the whole community", in particular, hard-to-reach audiences requires budget support and staffing resources which are not always available for each consultation. Pathways wording has been amended to recognise "footpaths and cycleways". Further objectives on active transport connections are outlined in Council's Delivery Program. Other suggestions noted by staff for future planning.
S35	Community/Resident	Should be major developments in town at Shoalhaven River - look to Mandurah Council on how they do this.	See response S20. Mandurah Council suggestion to be investigated by staff.
S36	Community/Resident	Requests footpaths in Greenwell Point around school and village; cycle path from Terara to Greenwell Point; complaint on quality of roads.	Council has a Pedestrian Access and Mobility Plan (PAMP). The PAMP provides the strategy, ranking methodology, and mapping to support the expansion of paths, pedestrian crossings, and bicycle infrastructure across the City. This is currently under review and community feedback is expected be invited later this year.
S37	Community/Resident	Positive feedback on document that is showcases the uniqueness of area and challenges community faces.	Feedback on the draft Plan has been acknowledged and noted by relevant staff.
S38	Community/Resident	Feedback that 'relaxed lifestyle' is at risk and concern on adequacy of infrastructure. Change has to be in keeping with locality respecting character and environment. Question whether new subdivisions require more than one access.	See response S02 in regard to character. Response on subdivisions will be provided directly to resident.
S39	Community/Resident	Requests urgent action on climate changes and renewable energy including expanding revolving energy fund and mobilise solar power on surplus Council land, encourage changes to DCP to improve sustainability and energy efficiency of new homes.	Council acknowledges, and is responding to, climate change through its policies and actions. Council’s Sustainable Energy Policy sets out targets to reduce Council’s corporate greenhouse gas emissions and to increase the uptake of renewable energy across both Council and the Shoalhaven community. Council is also currently working towards a new overarching Sustainability Policy and Action Plan to further drive our work into mitigating and adapting to climate change. In 2021, Council updated its Climate Change Risk Assessment to provide a more accurate assessment of the impacts of climate change on our LGA. Council has been actively working to increase the uptake of renewable energy both for its operations and in support of broader community initiatives. Council worked with Repower Shoalhaven and Flow Power to enable Shoalhaven’s first utility-scale solar farm at South Nowra, which opened in late 2021. Council continues to work with the local community and businesses to support additional renewable energy opportunities across the LGA. For its own assets, Council is close to achieving a total of 1 MW of installed solar PV on its owned buildings, providing behind-the-meter benefits and savings. There are also some procurement initiatives underway to secure future renewable electricity for Council’s sites and street lighting, which could halve Council’s greenhouse gas emissions before 2025. Shoalhaven Council will continue to partner with local businesses, the community, and all levels of Government, to further reduce emissions and transition to a cleaner energy supply from renewable sources. Council has recently amended its Development Control Plan to provide greater consideration of the protection of rooftop solar systems so that they are able to perform at their optimum level of efficiency. Further, the NSW Government’s BASIX scheme is also in place which encourages sustainable residential development.
S40	Cancer Council NSW	Requests addition to Plan to recognise the value and co-benefits of shade and that there is currently lack of quality shade in public spaces. Commitment to plan and budget for built and natural shade in public spaces.	See response to submission S43.
S41	Advisory Group of the Bay and Basin Community Led Strategic Plan	Requests mention of community-led strategic plans and inclusion of a diagram of how the IP&R framework is applied and a statement of what has changed since 2027 CSP.	*RECOMMENDATION:* A new table referencing the important input of the Shoalhaven's Community-led strategic plans has been added to page 40 of the CSP alongside state and federal plans. Council's report from 9 May 2022 seeking approval for exhibition of the draft CSP 2032 contains a table which references the changes made from the CSP 2027 version.
S42	Community/Resident	Requests kerb & guttering in Culburra, green bins, and road maintenance.	The introduction of a green bin to all residents in the Shoalhaven is not currently part of Council’s waste strategy. An overview of common questions and answers related directly to green bins is available at Green Bins FAQ on Council's website. It will never be feasible or practical to build footpaths in every residential street, Council's Pedestrian Access, and Mobility Plan (PAMP) and Bike Plan strategy will soon be undergoing a review which could identify more projects in consultation with the community. The strategy prioritises projects on the basis of demand and safety criteria (but Council ultimately determine the locations taking into consideration community feedback).
S43	Cancer Council NSW (Elizabeth King)	Same submission as S40.	At Shoalhaven City Council’s Strategy and Assets Committee meeting on 9 February 2021, a Notice of Motion was reported to Council regarding shade structures within playgrounds. As a result, Council resolved (MIN21.63): That Council include in its forthcoming and subsequent budget considerations the provision of shade structures over its children’s playgrounds where practicable and appropriate. As a result of the above resolution, Council now considers and budgets for shade over social infrastructure, where appropriate.
S44	Community/Resident	Request for more road infrastructure and more housing for low income or pensioners.	Council continues to focus on supporting more options for affordable housing through working with partners on implementing the Affordable Housing Strategy and addressing need for crisis housing though supporting the Homelessness Taskforce.
S45	Community/Resident	Safe walking and cycle paths between Erowal Bay, Vincentia, Huskisson and through to Booderee National Park. Highlights echidna habitat for landscaping to protect.	See submission S25. Request regarding echidna habitat passed onto relevant staff for investigation and action.
S46	Community/Resident	Queries the measures to tackle flooding in Culburra Beach and asks about status of Lake Wollumboola Flood Study. Queries detail of bushfire management and mitigation measures.	This submission will be considered in the DPOP report - submission D21.
S47	Community/Resident	Encourage housing, make DAs easier, attention to roads maintenance.	Feedback on the draft Plan has been acknowledged and noted by relevant staff.
S48	Community/Resident	Concern about the loss of species and the shrinking natural environment. Requests measurement of how many hectares of native bushland has been retained and how many hectares of cleared land has been revegetated. 40-day DA determination measure should be only in relation to existing cleared land.	See submission response S10 in regard to biodiversity assessment. In terms of preventing clearing for subdivision, particularly Greenfields development, it would be extremely difficult to approve any future subdivisions without vegetation being removed unless the land was entirely used for agricultural purposes and suitably zoned. In the assessment of any development, reports are prepared to ascertain the extent of vegetation removal and if the impacts are significant and irreversibly. Sometimes the impacts can be offset. Council collects information on subdivisions via the assessment process concerning the extent of clearing required. This information is in technical reports. Most Greenfields subdivisions are not resolved in 40 days given the complexity of these types of applications. Additionally, it is not uncommon for applications to be amended during the assessment. Most of the larger historic subdivisions have been approved by the NSW State government - Bayswood, Mundamia, Culburra, Manyana and Narrawallee. The more recent Greenfields developments, such as Moss Vale Rd, have been dealt with by the Council, excepting one, which was been put to the Regional Planning Panel. Reports are available on Council's tracking webpage or State equivalent.
S49	Cancer Institute NSW	Suggestions for inclusion of importance of built and natural shade into relevant sections of the CSP outcomes.	See submission response S43.
S50	Red Head Villages Association	Support for Mayoral Message. Requests funding for Bendalong Road upgrades. The SCC Planning instrument for urban densification negatively impacts on Red Head Villages (e.g., DA22/1281). Commends Section 4 ‘Effective, Responsible & Authentic Leadership’ as a pro-active approach toward open, transparent, accountable, and inclusive Local Government administration and management.	Full staff response will be provided directly as queries will require further investigation by staff. Funding request for Bendalong Road is noted for forward planning. Maintenance works will continue to be undertaken in the interim until funding is identified. A DA must be assessed having regard to the strategic planning framework. If a DA is assessed and found to be satisfactory, a positive recommendation will be made. In terms of setting a precedent, each application is assessed on merit having regard to the site attributes and the planning framework in place at the time of assessment. Whether or not other dual occupancies will be built is contingent on a number of factors, including but not limited to land availability, the aspirations of the owner(s) and market conditions. Council cannot control tenancy arrangements whether people choose to owner occupy, rent their home either for the long or short term in the development assessment and determination process. Air BnB is controlled and managed by the NSW State government’s regulatory framework.
S51	Community/Resident	Queries detail and suggestions for Council's actions to address climate change.	Suggestions on climate change action has been distributed to staff for consideration. Council is currently working towards a new overarching Sustainability Policy and Action Plan to further drive our work into mitigating and adapting to climate change. Shoalhaven Council will continue to partner with local businesses, the community, and all levels of Government, to further reduce emissions and transition to a cleaner energy supply from renewable sources. As part of its broader sustainable living program Council will offer workshops and programs which support local residents to reduce energy and water use, save money, discover the solar potential for their homes and businesses, and take action on climate change.
S52	Kangaroo Valley Community Consultative Body	Question on Community Survey. Queries the capital works program and specifically road projects for Kangaroo Valley on the forward capital works program.	Full staff response will be provided directly as multiple queries in relation to budget allocations will require further investigations. Council undertakes community survey every 2 years with the next due in October 2022. The baseline figures in the CSP measures are taken from the June 2020 survey results which are reported to Council and the community - last survey can be accessed on Council's website. Council reports progress on delivering annual actions and performance against measures through the Quarterly Performance Report, Budget Review and Capital works report.
S53	Our Future Shoalhaven	Concern on lack of action to preserve the environment and proposed developments. Outlines feedback, suggestions, and queries on the selection of measures with a focus on clarity and consistency.	*RECOMMENDATION:* reinstate updated water quality measure Key Priority 2.3: "Percentage of routine water samples that meet the AS/NZ water quality guidelines as captured by Aqua Data." Full staff response will be provided directly, summary comments below: Councils are no longer required to prepare a separate State of the Environment Report, instead environmental outcomes are reported through tracking measures indicated in the Community Strategic Plan and through Annual reporting. Request noted for providing improved access to Council documents through its website. See S02 recommendation regarding new outcome on character. Question being investigated for community survey in regard to character and development. The number of threatened species in the Shoalhaven LGA is not a leading indicator. It is considered a lagging indicator as it not data maintained by Council (but rather NSW Department of Planning and Environment) and the number of threatened species may increase in response to negative environmental implications.
S54	Community/Resident	Suggestion for developers to be permitted to build attractive apartment accommodation within the CBDs to offer housing to combat reduced trade from those working from home following the pandemic. Suggests removing the word 'relaxed' from the community vision as it may contribute to 'dumbing down' the character of the Shoalhaven community.	Feedback on the Community Vision has been noted. No recommended changes proposed to the vision.
S55	Community/Resident	Queries on Crime Prevention Plan; ensure that the village character across Shoalhaven is retained and objection to over-development.	While policing is not a function of councils, Council staff work very closely with NSW Police on initiatives to improve Community Safety and the perception of safety in the public domain. Councils Crime Prevention Plan expires in 2023 and will be replaced by a Community Safety Plan which will encompass some Crime Prevention initiatives. See submission S02 regarding character.
S56	Community/Resident	Query on Council's activities.	Comment has been noted. Council's Delivery Program Operational Plan outlines the programs, projects, and services that Council will deliver to support the key priorities and outcomes outlined in the Community Strategic Plan.

Editorial and Formatting Changes

As part of the exhibition process some minor editorial and formatting changes were identified and made to the final draft document. These include the minor updating of the progress measures to make it clearer what we will measure. The final draft Community Strategic Plan - Shoalhaven 2032 is included as Attachment 1.

Monitoring and Evaluation

Some of the detailed submissions referenced the proposed progress measures, queried their relevance, suggested alternatives, or new inclusions. The recommended changes supported for inclusion in this version of the plan are outlined above and included in the updated draft, however all suggestions will be further investigated as part of development of the overall monitoring and evaluation plan.

Conclusion

Following the consideration of the submissions received and the identification of the required changes, it is recommended that the final draft Community Strategic Plan - Shoalhaven 2032 be endorsed by Council.

Ordinary Meeting – Monday 27 June 2022

Page 1

CL22.263 Local Government Remuneration Tribunal - Determination of Councillor and Mayoral Fees 2022/2023

HPERM Ref: D22/237879

Department: Business Assurance & Risk

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Annual Report and Determination - Local Government Remuneration Tribunal 2022 (under separate cover) ⇨

Reason for Report

To note and consider the attached determination from the Local Government Remuneration Tribunal, and to adopt the fees payable to the Mayor and Councillors for the 2022/2023 financial year.

Recommendation

That Council:

1. Note the Local Government Remuneration Tribunal’s Annual Report and Determination dated 20 April 2022.

2. Adjust the Councillor Fee payable to Councillors from 1 July 2022 to 30 June 2023 to be $25,310 and the Additional Mayoral Fee to be $62,510 being the maximum payable.

3. Not provide the additional Mayoral fee (in full, or in part), to the Deputy Mayor when the Deputy Mayor is required to act in the position of Mayor during periods of approved leave.

Options

1. As Recommended

Implications: This will adjust the Fees for Councillors and Additional Mayoral Fee to the maximum permissible in line with the determination of the remuneration tribunal for the 2022/2023 financial year.

If adopted as recommended this will also rescind part 3 of previously adopted resolution MIN22.70 as detailed within the report.

2. Adjust the Councillor and Mayoral fees to a lesser amount within the minimum and maximum amounts as outlined in the report.

Background

The Local Government Remuneration Tribunal has determined an increase of 2% to Mayoral and Councillor fees for the 2022/2023 financial year, with effect from 1 July 2022.

Councillors’ Fees

Section 241 of the Local Government Act 1993 (the Act) requires the Tribunal to determine each year the maximum and minimum amounts of annual fees payable during the following year to Mayors and Councillors. Section 248 and 249 of the Act require Councils to fix and pay an annual fee based on the Tribunal’s determination.

The relevant provisions of the Act are outlined below:

248 Fixing and payment of annual fees for councillors

(1) A council must pay each councillor an annual fee.

(2) A council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal.

(3) The annual fee so fixed must be the same for each councillor.

(4) A council that does not fix the annual fee must pay the appropriate minimum fee determined by the Remuneration Tribunal.

249 Fixing and payment of annual fees for the mayor

(1) A council must pay the mayor an annual fee.

(2) The annual fee must be paid in addition to the fee paid to the mayor as a councillor.

(3) A council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal.

(4) A council that does not fix the annual fee must pay the appropriate minimum fee determined by the Remuneration Tribunal.

(5) A council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor. The amount of the fee so paid must be deducted from the mayor's annual fee.”

Councils are to fix Councillor and Mayoral fees for financial year based on the Tribunal’s Determination. The level of fees paid will depend on the category which is applied to the Council. If a Council does not fix a fee, the Council must pay the minimum fee determined by the Tribunal.

For the current financial year, the Determination of the Tribunal is that Councils in the Regional Centre Category (Including Shoalhaven) may fix the 2022/2023 annual fee for Councillors between $14,380 (minimum) and $25,310 (maximum). The Mayoral Additional Fee has been set at between $29,920 (minimum) and $62,510 (maximum). The Council may set any figure for the fees within this range.

The Councillor and Mayoral fee adoption is distinct and separate to the payment of expenses and provision of facilities to Councillors. The Mayoral Fee is an amount paid to the Mayor in addition to the Councillor Fee.

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.

In January 2022 a request was made to all NSW Councils requesting their position on paying the Deputy Mayor fees deducted from the Mayoral fee - 38 responses were received.

· 22 Councils do not pay the Deputy Mayor fees.

· 7 Councils pay 100% of additional Mayoral fee whilst the Deputy Mayor 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 respectively.

The matter of the Deputy Mayoral Fee is one for consideration and determination by the Council. This may also be a matter that the Council could consider at the required time when there is an extended absence of the Mayor.

Council at its Ordinary Meeting, 7 February 2022 resolved to Pay 100% of the additional Mayoral fee to the Deputy Mayor when the Deputy Mayor is required to act in the position of Mayor during periods of approved leave.

RESOLVED (MIN22.70)

That Council:

1. Determine the Fees payable as follows

a. The Maximum payable Councillor fee of $24,810 p.a. to be applied pro-rata from 23 December 2021 to 30 June 2022.

b. The Maximum payable Additional Mayoral Fee of $61,280 p.a. being applied for the period of 23 December 2021 to 30 June 2022.

2. Pay 100% of the additional Mayoral fee to the Deputy Mayor when the Deputy Mayor is required to act in the position of Mayor during periods of approved leave.

3. Commence Superannuation contributions to Councillors from 1 July 2022.

Following recent discussions with both the Mayor and the Deputy Mayor it is recommended to no longer provide the additional Mayoral fee to the Deputy Mayor when the Deputy Mayor is required to act in the position of Mayor during periods of approved leave. If the recommendation as presented in the report is resolved this will effectively rescind part 2 of the previously resolved minute (MIN22.70).

Superannuation for Councillors

On 16 May 2021, legislation was passed in the NSW Parliament to introduce superannuation payments for Councillors in NSW. The Local Government Amendment Act 2021 addresses a longstanding inequity in Local Government by providing Councils with the option to make superannuation payments to Mayors and Councillors in addition to their annual fees from July 2022. This decision was made after a lengthy campaign to acknowledge the contribution of Councillors.

The relevant amendment to the Local Government Act 1993 states:

Section 254B Insert after section 254A—

254B Payment for superannuation contributions for councillors

1) A Council may make a payment (a superannuation contribution payment) as a contribution to a superannuation account nominated by a Councillor, starting from the financial year commencing 1 July 2022.

2) The amount of a superannuation contribution payment is the amount the Council would have been required to contribute under the Commonwealth Superannuation Legislation as superannuation if the Councillor were an employee of the Council.

3) A superannuation contribution payment is payable with, and at the same intervals as, the annual fee is payable to the Councillor.

4) A Council is not permitted to make a superannuation contribution payment—

a) unless the Council has previously passed a resolution at an open meeting to make superannuation contribution payments to its Councillors, or

b) if the Councillor does not nominate a superannuation account for the payment before the end of the month to which the payment relates, or

c) to the extent the Councillor has agreed in writing to forgo or reduce the payment.

5) The Remuneration Tribunal may not take superannuation contribution payments into account in determining annual fees or other remuneration payable to a Mayor or other Councillor.

6) A person is not, for the purposes of any Act, taken to be an employee of a Council and is not disqualified from holding civic office merely because the person is paid a superannuation contribution payment.

7) A superannuation contribution payment does not constitute salary for the purposes of any Act.

8) Sections 248A and 254A apply in relation to a superannuation contribution payment in the same way as they apply in relation to an annual fee.

9) In this section—

-Commonwealth superannuation legislation means the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.

-Superannuation account means an account for superannuation or retirement benefits from a scheme or fund to which the Commonwealth Superannuation Legislation applies.

The wording of the legislation sets out that the Council may elect to either provide a Superannuation Payment at the rate set out in the Superannuation Guarantee (equal to 10.5% of annual fees from July 2022) or not provide a superannuation payment. The superannuation payment is calculated on the Fees paid to Councillors (and for the Mayor the additional Mayoral Fee in addition to the Councillor Fee). Any amounts reimbursed to Councillors in the form of expense payments under the Council Members Payment of Expenses and Provision of Facilities Policy are not related to the superannuation calculation.

Council at its Ordinary Meeting, 7 February 2022 resolved to apply 10.5% Superannuation Payment from 1 July 2022. (Refer MIN22.70 above)

Councillors have been requested to provide superannuation fund details to Council to enable the commencement of superannuation payments from 1 July 2022.

Community Engagement

Council is not required to undertake community consultation in relation to the adoption of the fee amendment determination process, as it is based on a published report and the process undertaken by the Tribunal.

Financial Implications

Current fees paid to Shoalhaven City Councillors and Mayor

CATEGORY	Councillor Annual Fee	Mayor Additional Fee*
Regional Centre	$ 24,810	$61,280

Proposed fees to Shoalhaven City Councillors and Mayor 2022/2023 financial year:

2022/2023 Determination - Pursuant to Section 241 of Fees for Councillors and Mayors

CATEGORY	Councillor Annual Fee		Mayor Additional Fee*
CATEGORY	Minimum	Maximum	Minimum	Maximum
Regional Centre	$ 14,380	$ 25,310	$ 29,920	$ 62,510

*this fee must be paid in addition to the fee paid to the Mayor as a Councillor/Member (s429 (2)).

The total financial impact of the recommendation is summarised below (not including the relative increase to superannuation arising from fee increases)

Councillor / Mayoral Fees total – All Councillors		Net Increase in Fees
Current (2021/2022)	Proposed (2022/2023)	Net Increase in Fees
$383,810	$ 391,540 (based on maximum Annual Fee paid)	$7,730 total

Ordinary Meeting – Monday 27 June 2022

Page 1

CL22.267 Community Donations Policy - For Adoption

HPERM Ref: D22/183753

Department: Business Assurance & Risk

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. POL22/76 Final Draft Community Donations Policy ⇩

2. Final Draft Community Donations Guidelines & Application Form ⇩

3. Final Draft Assessment Panel Guidelines - Community Donations Policy ⇩

4. Submissions - Draft Community Donations Policy and Guidelines and Application Form (councillors information folder) ⇨

Reason for Report

To provide an overview of submissions received during the public exhibition and provide the Final Draft Community Donations Policy, Guidelines and Application Form for adoption.

Recommendation

That Council

1. Note the details of the submissions received during the public exhibition period as outlined in the report

2. Adopt the Final Draft Community Donations Policy, Guidelines and Application Form provided as attachments to the report

3. Advise all current recipients of the changes to the Donations Policy and timetable for applications for 2022/2023.

Options

1. As recommended

Implications: The new Community Donations Policy, Guidelines and Application Form will achieve greater transparency and accessibility to donations by community organisations and groups across the Shoalhaven, in alignment with the Council’s Community Strategic Plan. The policy will be implemented immediately, and applications called for the 2012/2023 to allow determination by Council for commencement of the new financial year.

2. The Community Donations Policy, Guidelines and Application Form are adopted with further amendments

Implications: Not known

3. Not adopt the Policy at this time

Implications: Should the Council not adopt a new Community Donations Policy, Guidelines and Application Form at this time, direction will be required as to how the donation funding for 2022/2023 will be dealt with under the current Policy (POL16/181).

That may be to (a) continue with the current policy or (b) parts of the current policy.

Background

Council at its Ordinary Meeting, Monday 14 March 2022, Council considered a report outlining the Draft Community Donations Policy, Guidelines and Application Form and resolved the following (MIN22.167):

That:

1. The Draft Donations Policy (Attachment 1) be placed on public exhibition for a period of four (4) weeks to obtain community feedback on the Draft Policy

2. All current recipients of donations be advised in writing of the public exhibition and their ability to make comment.

3. A report be provided at the completion of the exhibition period, outlining the submissions received and a Final Draft Policy and Procedures for adoption by the Council.

4. The Policy be renamed as the “Community Donations Policy”

5. Due to taxation requirements, the Policy be limited to apply to only organisations which hold an ABN.

6. The following parts of the application form be amended as follows:

a. At question 8 – remove commercial undertaking

b. The requirement for applicants to include financial statements of income and expenditure and balance sheet in support of applications

c. Appropriate due diligence questions be asked in relation to expenditure of donation funding.

d. Application form to request ABN Number of applicants under “details of Organisation/Individual”

e. “Does this project require council approval? If so complete part 9”. Be inserted above question 9 in the application

7. It be made explicit in the Policy that organisations will be required to provide financial statements as part of the application process

As outlined in the previous report to the Ordinary Meeting, the amendments to the policy are the result of previous resolutions of the Council and calls for a thorough review of the Policy. They aim to achieve greater transparency and accessibility to funding by community organisations and groups across the Shoalhaven and in alignment with the Council’s Community Strategic Plan.

The Draft Donations Policy was exhibited from 1 April to 29 April 2022. During this time current recipients were advised of the Draft Policy and invited to make submissions.

During the submission period a Get Involved Page was established, the page was visited 30 times and the document was downloaded a total of 3 times.

Submissions:

In accordance with the Council resolution, the Draft Policy was placed on public exhibition and all current recipients were advised in writing of the exhibition. The table below outlines the three (3) submissions (provided for Councillors Information within Attachment 4) received during the exhibition period (and staff responses). There was one (1) additional late submission which was also been outlined below and included within the attachment.

Submission From	Comments within Submission	Staff Comment
RSPCA - Shoalhaven Volunteer Branch	The draft policy “appears to be geared at defined projects or events, thus precluding funding for ongoing activities such as those offered by our Volunteer Branch” “The level of community veterinary assistance for any given year is dynamic but non‐quantifiable upfront.” “We are hopeful that Council will continue to support our Volunteer Branch.”	The Certification & Compliance team have confirmed that this donation could continue to occur operationally by the Certification & Compliance team and be managed separately to the annual Community Donations Budget. It is recommended that $2,000 be transferred from the donations budget to the Certification & Compliance team to facilitate this outcome.
Callala Bay Community Association	Concern regarding timeline for applications: “applications for financial assistance and support via donations, sponsorships and subsidies should be made during February or March of any given year.” Presently Council grants an annual subsidy to CCB's and community associations (such as ours, Callala Bay Community Association (CBCA)) that subsidy, presently $500, occurring late in each year (October/November). Council also invites expressions of interest in a subsidy to enable those community associations to host an Australia Day event, those expressions of interest being invited generally in October and, provided certain criteria are met, funds are made available soon after. In past years, CBCA and possibly other CCB's, have also conducted Christmas Carols events. Considering that the aforementioned events and their associated subsidies occur very late in any given year, the practicality of arranging those subsidies in February or March is questionable and perhaps warrants reconsideration. An amendment to the policy may be required.	Staff response provided to the Callala Bay Community Association: “Please note as part of this review, the payments to CCBs of $500 were determined to be dealt with operationally, and not as part of the Community Donation’s application process which was out for exhibition, and therefore these payments will continue to be provided without the need for an application. In relation to the donations for events, the timing suggested is to allow the appropriate allocation of funds for each financial year. We understand this may mean that application and consideration must be given well in advance of the event.”
Music Shoalhaven	“appreciate the open and fair process for the allocation of funds” and have expressed they “will be making an application for Financial Assistance / Donation under the Cultural category”	No concern or amendments to the Policy, Guidelines or Application Form suggested within this submission.
Sussex Inlet RSL Sub Branch	“We would support continuation of recurring subsidised rates in support of our voluntary work helping local veterans and their families, and encouraging social engagement and integration in the broader local community. Recurring support in this way enables us to budget with certainty well in advance of the coming year rather than seeking ad hoc or annual grants”.	Their submission is in favour of reoccurring support without the requirement of an annual application for the subsidised rates category.

The revised Draft Policy, including an additional highlighted amendment is provided as Attachment 1 to this report. The additional amendment (highlighted in yellow in the Policy) is as follows:

· Under provisions on page 4 of the Policy “Recurring donations for ongoing projects may submit an application every three (3) years, providing that an acquittal of expenditure is provided annually” has been removed, as it is contradictory to the need for a fresh written application and acquittal being lodged with Council for each donation period. This inconsistency was identified by staff during the exhibition period.

The revised Draft Community Donations Guidelines & Application Form, including an additional highlighted amendment is provided as Attachment 2 to this report. The additional amendment (highlighted in yellow) is as follows:

· On both the guidelines and the application form, the application closing date has been brought forward from May to April to allow for assessment, reporting and determination timeline prior to the beginning of the financial year.

The revised Final Draft Assessment Panel Guidelines - Community Donations Policy, including an additional highlighted amendments is provided as Attachment 3 to this report and in the Draft Policy. The additional amendments (highlighted in yellow) is as follows:

· The panel will be chaired by the CEO or their delegate (previously stated the Mayor or delegate) as this is consistent with the Draft Policy.

· The Director City Performance has been noted as the CEO’s delegate, in relation to recommendations for funding of $1,000 or less that may be approved by the CEO or their delegate (Director City Performance), this is also consistent with the Draft Policy.

As outlined in the report to the Ordinary Council Meeting, 14 March 2022, the policy is not proposed to apply to the following contributions that will remain operationally managed by the City Lifestyles Directorate:

o School Citizenship Awards ($100 each per year)

o Surf Life Saving organisations providing volunteer patrol services ($5,000 each per year)

o Recognised Community Consultative Bodies ($500 each per year)

o Illawarra Institute of Sport. ($15,000 per year)

Process and timetables for the 2022/2023 Financial Year.

Action	When
Adoption of Policy	23 May 2022
Correspondence to all current recipients	Week ending 3 June 2022
Applications Open / Advertising commences	30 June 2022
Applications Close	12 August 2022
Review of Applications	Late August / Early September 2022
Report to Council for Determination	September 2022
Advise applicants of the outcome	By October 2022

For future years, the application period will commence in February each year and remain open until mid-April. The assessment panel will meet and make recommendation to the Ordinary meeting in May 2022 so that the budget for the financial year can be determined prior to 1 July 2022.

Community Engagement

Once Council has adopted the Policy a range of communication mechanisms will be utilised to inform current recipients and others of the opening of the application process. Guidance and support will be offered to potential applicants to assist in the transition to the new arrangements.

Policy Implications

It is noted that in addition to donations, there are a number of grants and opportunities for funding provided by Council. The draft Donations Policy is framed to re-work the current ‘allocated’ and ‘unallocated’ donations.

Financial Implications

It is envisaged that the budget for donations (currently $303,269) will remain at the current levels, with the funding being split across the categories within the Policy, however, this will be subject to annual budgetary considerations by the Council.

Ordinary Meeting – Monday 27 June 2022

Page 1

CL22.270 Investment Report - May 2022

HPERM Ref: D22/236614

Department: Finance

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Shoalhaven Monthly Report - May 2022 (under separate cover) ⇨

Reason for Report

In accordance with Section 625 of the Local Government Act 1993 and Clause 212 of the Local Government (General) Regulation 2021, a written report is provided to Council setting out the details of all funds it has invested.

Recommendation

That Council:

1. Receive the Record of Investments for the Period to 31 May 2022.

2. Note that Council’s total Investment Portfolio (excluding the Long-Term Growth Fund) returned 0.85% per annum for the month of May 2022, exceeding the benchmark AusBond Bank Bill Index (0.41% pa) by 44 basis points (0.44%).

3. Note the performance of the Long-Term Growth Fund as presented in the report.

Options

1. The report on the Record of Investments for the period to 31 May 2022 be received for information.

Implications: Nil

2. Further information regarding the Record of Investments for the period to 31 May 2022 be requested.

Implications: Nil

3. The report of the Record of Investments for the period to 31 May 2022 to be received for information, with any changes requested for the Record of Investments to be reflected in the report for the period to 30 June 2022.

Implications: Nil

Background

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

Portfolio Return

The Overall portfolio returned -0.18% p.a. for the month of May 2022, entirely due to the negative movement of the growth fund.

The investment returns excluding growth fund were a stable 0.85% p.a., exceeding the benchmark AusBond Bank Bill Index (0.41% p.a.) by +44bp p.a.

Strong average earnings in the first three months of 2022 could prompt the Reserve Bank of Australia to increase interest rates higher than expected.

Investments (Excluding Long Term Growth Fund)

The following graph shows the performance of Council’s Investment Portfolio (excluding Long-Term Growth Fund) against the benchmark on a rolling twelve (12) month basis. As can be seen, performance has consistently exceeded the benchmark due to the mix of Council’s Investment Portfolio.

Investment Interest Earned – May 2022

The following table shows the interest earned for the month of May 2022.

Fund	Monthly Budget $	Actual Earned $	Difference $
General	98,436	71,966	(26,470)
Water	64,208	43,726	(20,482)
Sewer	30,519	27,115	(3,404)
Total excluding Long-Term Growth Fund	193,163	142,807	(50,355)

The interest earned for the month of May, excluding changes in the fair value of the TCorp Long-Term Growth Fund was $142,807 compared to the monthly budget of $193,163.

Investment Interest Earned - Year to Date

The following table demonstrates how the actual amount of interest earned year to date has performed against the total budget.

Fund	Original Total Annual Budget $	Actual YTD $	% Achieved
General	1,159,000	839,546	72.44%
Water	756,000	474,269	62.73%
Sewer	359,333	274,595	76.42%
Total excluding Long-Term Growth Fund	2,274,333	1,588,410	69.84%

The interest earned to the month of May excluding the change in fair value of TCorp Long-Term Growth Fund was $1,588,410 which is 69.84% of the current full year budget.

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

Long Term Growth Fund

Council’s investment in Long-Term Growth Fund returned -10.88% (annualised) for the month of May 2022, further offsetting previous significant market gains, bringing the year-to-date return to -4.10% (-10.10% below the benchmark).

It is important to note that the fund is expected to return an average of 6.0% per annum over a seven-year cycle and the positive months will outweigh the negative months over the long term.

Whilst year to date returns of the Long-Term Growth Fund is below the benchmark, the fund continues to exceed its long-term return objective (currently CPI+3.5% p.a. over 10 years = 4.19% benchmark) with the net return of 5.02% p.a. over the past 10 years.

The following graph shows the performance of Council’s Long-Term Growth Fund against the benchmark on a rolling twelve (12) months basis.

Long-Term Growth Fund Fair Value – May 2022

The following table shows movement in the fair value for the month of May 2022.

Fund	Monthly Budget $	Actual Earned $	Difference $
Long-Term Growth Fund	16,986	(189,713)	(206,700)

The fair value of TCorp Long-Term Growth Fund decreased in May by $189,713. It is important to note that it is expected that this value will fluctuate monthly and the actual return on this fund should be assessed against our budget forecast on an annual basis.

Long-Term Growth Fund Fair Value - Year to Date

The following table demonstrates how the fair value movement to date has performed against the total budget.

Fund	Original Total Annual Budget $	Actual YTD $	% Achieved
Growth fund	200,000	(768,653)	(384.33%)

The fair value of TCorp Long-Term Growth Fund decreased in May by $768,653 which is -384.33% of the current full year budget.

The graph below illustrates the fair value movement for the year of the Long-Term Growth Fund against budget:

Cash and Restricted Assets

Record Of Investments
Cash and Investment Balances
	$	$
	May 2022	April 2022
Cash and Investments Held
Cash at Bank - Transactional Account	15,372,095	10,960,381
Cash on Hand	20,729	21,530
Other Cash and Investments	203,116,062	203,303,356
	218,508,886	214,285,267
Fair Value Adjustment	(160,868)	(114,968)
Bank Reconciliation	582,677	(6,962)
	421,809	(121,930)
Book Value of Cash and Investments	218,930,695	214,163,337
Less Cash & Investments Held in Relation to Restricted Assets
Employee Leave Entitlements	7,049,913	7,049,913
Critical Asset Compliance	580,836	659,485
Other Internal Reserves	3,972,895	3,692,949
Section 7.11 Matching Funds	311,169	311,169
Industrial Land Development Reserve	4,633,995	4,707,116
Plant Replacement	2,551,800	2,280,972
S7.11 Recoupment	629,694	2,165,664
Commitment To Capital Works	1,662,409	2,238,398
Total Internally Restricted	21,392,711	23,105,666

Loans - General Fund	16,985,681	17,874,024
Self-Insurance Liability	2,975,174	2,820,030
Grant reserve	30,874,348	29,578,151
Section 7.11	20,663,852	20,303,373
Special Rate Variation	5,563,940	5,681,885
Storm Water Levy	500,608	708,080
Trust - Mayors Relief Fund	161,495	161,481
Trust - General Trust	3,904,109	3,810,548
Waste Disposal	3,249,672	2,610,542
Sewer Fund	31,141,790	31,959,070
Sewer Plant Fund	5,119,802	4,972,568
Section 64 Water	20,518,500	20,425,036
Water Fund	26,900,178	28,127,222
Water Communication Towers	4,434,270	4,422,803
Water Plant Fund	6,836,614	6,582,404
Total Externally Restricted	179,830,033	180,037,219

Total Restricted	201,222,743	203,142,885
Unrestricted Cash Balance - General Fund	17,707,952*	11,020,452

* $3.9M Financial Assistance Grant Received in Advance will be restricted in June 2022, included in unrestricted balance for May.

Restricted Asset Movements

The table below lists the major movements in cash reserves increase/(decrease):

Total Cash	4,767,359	May was a rates instalment month as well as receiving Financial Assistance Grant.
S7.11 Recoupment	(1,535,970)	Delivery of capital projects continues, including temporarily funding grant projects from this reserve in advance until grant claims have been lodged.
Commitment To Capital Works	(575,989)	Capital projects utilise this reserve as works continue: Basin Local Roads ($0.2M), Southern Roads Tree Management ($0.1M), and Development Services Equipment ($0.1M)
Loans - General Fund	(888,343)	Delivery of major capital projects funded by loans such as Culburra Rd ($0.1M), Materials Recovery Facility ($0.1M) and SEC Upgrade & Cladding ($0.4M).
Waste Disposal	639,130	May was a rates instalment month.
Grant reserve	1,296,197	Received Roads to Recovery Grant Payments
Sewer Fund	(817,281)	Various capital projects
Water Fund	(1,227,044)	Various capital projects
Unrestricted cash	6,687,501	May was a rates instalment month as well as receiving Financial Assistance Grant.

Liquidity Indicators

In accordance with the Liquidity Contingency Plan as endorsed by Council, the following liquidity indicators were included in the Monthly Investment Report which will continue to enhance the transparency of Council’s financial reporting.

All liquidity ratios remain above their respective benchmarks and Council remains in a sound financial position.

Please note the historic trends for some key financial indicators such as Unrestricted Current Ratio, Cash Expense Cover Ratio and Unrestricted Cash were added below as requested by Council at the last meeting.

Unrestricted Current Ratio

The Unrestricted Current Ratio is an indicator used to assess the adequacy of working capital and its ability to satisfy obligations in the short term for the unrestricted activities of Council.

Unrestricted Current Ratio = (Current Assets less all external restrictions) / (Current Liabilities less specific purpose liabilities)

The ratio remains above the benchmark for all funds.

The first graph displays the May 2022 Unrestricted Current Ratio and, the second graph displays the previous rolling 12-months Unrestricted Current Ratio by fund.

Unrestricted Current Ratio Excluding Internal Reserves

Unrestricted Current Ratio Excluding Internal Reserves is an indicator used to assess the adequacy of working capital and its ability to satisfy obligations in the short term for the unrestricted activities of Council.

Unrestricted Current Ratio Excluding Internal Reserves = (Current Assets less all external and internal restrictions) / (Current Liabilities less specific purpose liabilities)

The ratio remains above the benchmark for all funds.

Cash Expense Cover Ratio Excluding External Restrictions

Cash Expense Cover Ratio Excluding External Restrictions takes the OLG calculation for the Cash Expense Cover Ratio and removes external restrictions to represent the amount of months Council can continue paying for its immediate expenses without resorting to external restrictions.

The ratio remains above the benchmark of 3 months as at the end of May for all funds.

Cash Expense Cover Ratio

Cash Expense Cover Ratio indicates the number of months a Council can continue paying for its immediate expenses without additional cash inflow.

Cash expense cover ratio = (Cash equivalents, TDs and FRNs x 12) / (Payments from cash flow of operating and financing activities)

The ratio remains above the benchmark of 3 months as at the end of May 2022 for all funds.

The first graph displays the May 2022 Cash Expenses Cover Ratio and, the second graph displays the previous rolling 5-months Cash Expenses Cover Ratio by fund.

Unrestricted Cash

Unrestricted Cash is calculated as a total Cash and Investments, less external and Internal restrictions.

The unrestricted cash balance remains above the benchmark as at the end of May for all funds.

The benchmark is set up at 5% of budgeted cash outflows (excluding investment purchases and expenditures funded by reserves).

The first graph displays the May 2022 Unrestricted Cash Ratio and, the second graph displays the previous rolling 12-months Unrestricted Cash Ratio by fund.

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 2021 and Council’s Investments Policy POL19/72.

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Olena Tulubinska Date: 16 June 2022

Ordinary Meeting – Monday 27 June 2022

Page 1

CL22.272 Update & Next Steps - Planning Proposal PP045 - Sealark Road, Callala Bay

HPERM Ref: D22/204358

Department: Strategic Planning

Approver: Carey McIntyre, Director - City Futures

Attachments: 1. Development Committee Report 5/3/2019 Sealark Road PP request (under separate cover) ⇨

2. DPE cover letter 17/12/21 PP045 ⇩

3. DPE Gateway alteration (termination) PP045 ⇩

4. Updated Planning Proposal - Sealark Road, Callala Bay (PP045) (under separate cover) ⇨

5. DPE response to updated PP045 ⇩

Reason for Report

· To update Council on the Planning Proposal for Sealark Road, Callala Bay (PP045), which was terminated by the NSW Department of Planning and Environment (DPE) in December 2021; and

· To seek direction from Council in relation to seeking a new Gateway from DPE.

Recommendation

That Council

1. Receive the updated Planning Proposal for Sealark Road, Callala Bay (PP045) for information.

2. Seek a new Gateway determination from the NSW Department of Planning and Environment (DPE) for the updated Planning Proposal (PP045).

3. Seek feedback from the following Government agencies in respect of the relevant Ministerial directions under Section 9.1 of the Environmental Planning and Assessment Act 1979:

a. The Floodplain and Estuaries Team in the Environment and Heritage Division of DPE regarding Ministerial Direction 4.1 (Flooding).

b. The NSW Rural Fire Service regarding Ministerial Direction 4.3 (Planning for Bushfire Protection).

4. If the outcomes of parts 2 and 3 are all favourable, publicly exhibit the PP.

5. If any outcomes of parts 2 and 3 are not favourable, receive a further report to determine if the PP should be continued.

6. Advise relevant stakeholders of this decision.

Options

1. Seek a new Gateway determination from DPE.

Implications: Subject to receiving a favourable Gateway determination, this would allow the updated Planning Proposal and the supporting studies (which were absent/deficient when this matter was previously considered by Council) to be publicly exhibited.

The PP has been updated following completion of the supporting technical studies in late 2021. Subject to receiving a favourable Gateway determination and feedback from DPE’s Floodplain and Estuaries Team and the RFS, this option would enable the community to be engaged before Council makes a final decision on whether to amend the Shoalhaven Local Environmental Plan 2014 (LEP) to rezone the land.

2. Not seek a new Gateway determination

Implications: The previous Gateway determination was terminated by the DPE in December 2021. Without a new Gateway determination, the Planning Proposal cannot proceed.

3. Take another course of action.

Implications: This depends on the proposed course of action. Advice can be provided should any alternative options be raised.

Background

A proponent-initiated Planning Proposal (PP) request was received in January 2019 seeking to rezone Lot 5 DP 1225356 at Sealark Road, Callala Bay, to allow for residential development on the site. The PP request was lodged by PRM Architects on behalf of the landowners, Hare Bay Consortia. A location map is shown in Figure 1 and the subject land is shown in Figure 2.

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Figure 1 – Site location, PP045 – Sealark Road, Callala Bay

The subject land adjoins Jervis Bay National Park to the north, Wowly Creek to the east, Monarch Place and a Council foreshore reserve to the south and Sealark Road to the west. The subject land is currently undeveloped.

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Figure 2 – Subject land, PP045 – Sealark Road, Callala Bay

The land is currently zoned C3 Environmental Management as shown in Figure 3.

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Figure 3 – Current zoning under Shoalhaven LEP 2014

The PP request was reported to Council’s Development Committee on 5 March 2019. A copy of the staff report is provided at Attachment 1 (under separate cover). Council resolved to support the PP request, resolving as follows (MIN19.111):

That Council:

1. Support the proponent initiated Planning Proposal request to rezone Lot 5 DP 1225356, Sealark Road, Callala Bay to a mix of residential, recreation and environmental protection zones on the basis that it is considered to be ‘minor’ in nature and significance in accordance with Council’s Planning Proposal (rezoning) Guidelines given the scale of the development that could result.

2. Submit the Planning Proposal to the NSW Department of Planning & Environment requesting the initial Gateway determination, noting that additional and updated studies will be undertaken post Gateway to support the Planning Proposal

3. Dependent on the outcome of the Gateway determination receive a further report on the Planning Proposal

4. Advise the proponents and submitters of this decision.

A Gateway determination was issued by the NSW Department of Planning Industry and Environment (DPIE) on 2 May 2019, authorising the PP to proceed, subject to completing a range of technical studies including:

· Biodiversity Assessment.

· Flood Study.

· Integrated Water Quality Management Study – to demonstrate Neutral or Beneficial Impact on water quality.

· Aboriginal Cultural Heritage Assessment.

· Traffic Study.

· Geotechnical Study (including Acid Sulfate Soils).

· Stage 1 Preliminary Contaminated Site Assessment.

· Bushfire Hazard Risk Assessment.

Comments on supporting study requirements

There were some significant gaps and/or deficiencies in the technical studies included in the proponent’s submitted PP package (e.g., the flora and fauna work was completed in 2005, a flood assessment was not included). At the time however, the NSW Government’s PP process was deliberately designed to allow PPs to proceed through the Gateway step with preliminary/incomplete information. While this approach had financial and risk management benefits (especially for proponents), it often meant extended ‘post-gateway’ timeframes to allow the required technical studies to be completed and proposals adjusted, if necessary. Consistent with this approach, the Department rarely refused extension requests.

The NSW Government has moved away from this approach over the past two years, culminating in release of DPE’s new LEP Making Guideline in December 2021, which effectively requires technical studies to be completed pre-gateway.

The original Gateway for the Sealark Road Planning Proposal was issued on 2 May 2019 and lapsed on 2 May 2021.

Links to the supporting studies, date of completion and authorship are provided in Table 1 below.

Table 1 – Supporting studies and hyperlinks for PP045

Title	Author/date/commission by?
Biodiversity Development Assessment Report (BDAR)	Eco Logical Australia, 10/12/2020. Proponent managed
Flood Study	Footprint (NSW) 22/11/2021. Proponent managed.
Integrated Water Cycle Assessment	Footprint (NSW) 22/11/2021. Proponent managed.
Aboriginal Cultural Heritage Assessment (sensitive information redacted for public release)	AMBS Ecology & Heritage, March 2020. Council managed.
Traffic Study	PTC, 4/11/2019. Proponent managed.
Geotechnical Study (including Acid Sulfate Soils)	Terra Insight, August 2019. Proponent managed.
Stage 1 Preliminary Contaminated Site Assessment	Terra Insight, August 2019. Proponent managed.
Bushfire Hazard Risk Assessment	Eco Logical Australia, 27/7/2020. Proponent managed.

Apart from the Aboriginal Cultural Heritage Assessment, which was directly managed by Council and completed in March 2020, most of the required studies were commission and managed by the proponent. Due to complications associated with the land’s low elevation and gentle slope, the flood study and water cycle assessment (stormwater management) were significantly delayed – final copies of these reports were not received until November 2021. As noted earlier, the original proponent’s PP did not identify any flooding constraints on the land as no information was available. Flooding is discussed later in this report.

Gateway terminated on 17 December 2021

A detailed update on the findings of the supporting studies and other Gateway conditions was provided to DPE in early December 2021 in support of a Gateway extension request. However, on 17 December 2021, DPE declined the extension request and instead, altered the Gateway determination, terminating the PP. This decision was consistent with DPE’s decision to terminate 5 ‘legacy’ PPs in December 2020 and focus on clearing the backlog of old PPs in the NSW planning system.

DPE’s cover letter and Gateway alteration are provided in Attachment 2 and Attachment 3 respectively. DPE’s cover letter stated:

I acknowledge that significant progress has been made on the planning proposal including completion of studies and investigations required to satisfy Gateway conditions. Unfortunately, I cannot agree to Council’s request for an extension of time due to the significant time lapsed to date and further work required to exhibit and finalise the planning proposal.

I have therefore determined as the delegate of the Minister, in accordance with section 3.34(7) of the Environmental Planning and Assessment Act 1979, to alter the Gateway determination dated 2 May 2019 for PP-2021-990 to not proceed. The Alteration of Gateway determination is enclosed.

The Department would be willing to consider a revised planning proposal on the Planning Portal when outstanding matters have been addressed. I can advise that work completed to date on the proposed rezoning of the site, including Gateway studies, will be taken into consideration by the Department should a new Gateway determination be sought.

Updated PP referred to DPE for comment

Consistent with Council’s resolution of 5 March 2019, staff updated the PP and submitted it to DPE for comment on 6 April 2022, so that the updated PP and DPE’s comments could be presented to Council for consideration. The updated PP is provided as Attachment 4 (under separate cover).

DPE’s response dated 6 May (Attachment 5) states:

I can see that significant work has been undertaken to address outstanding issues with the planning proposal including preparation of several environmental and other studies and addressing relevant Section 9.1 Ministerial Directions and State Environmental Planning Policies. I also understand Council has obtained the agreement of the NSW Environment Minister for the proposed C2 Environmental Conservation land to be dedicated as an addition to the Jervis Bay National Park which is proposed to be facilitated via a voluntary planning agreement.

I can advise that, subject to detailed assessment at gateway determination stage, the Department is prepared to consider issuing a gateway determination for the planning proposal to enable the proposal to be placed on public exhibition.

Description of the site and surrounds

The vegetation in the eastern portion of the subject land includes a Threatened Ecological Community (TEC): Bangalay Sand Forest. The heath vegetation in the north-western portion of the site was periodically slashed over a 20 year period, up until April 2019. An open drain traverses the site and discharges water from two stormwater outlets under Sealark Road into Wowly Creek (also known as Wowly Gully). Photographs of the site are on pages 9 to 12 of the updated PP provided as Attachment 4 (under separate cover).

The subject land is bordered by Jervis Bay National Park to the north and Wowly Creek to the east. Wowly Creek is classed as an Intermittently Closed and Open Lake / Lagoon (ICOLL) and forms part of the Jervis Bay Marine Park. The lower reach of the Creek (adjacent to the inlet) is a popular swimming spot. The Jervis Bay foreshore and the lower reach of the Creek are accessed from Monarch Place. The proponent’s Integrated Water Cycle Assessment indicates that the proposal is capable of achieving a Neutral or Beneficial Effect (NorBE) on the receiving waterway.

Development to the south and west of the subject site is residential and is primarily detached housing (single dwellings). Callala Bay shops are located approximately 1 km west of the site (about a 10 - 15 minute walk).

The land is bushfire prone and a Bushfire Hazard Assessment has been undertaken to assess the level of bushfire risk that would apply to future development and to propose risk reduction and management methods.

The land is low lying, with a maximum elevation of 6.0 m AHD at the north-western corner and slopes gently in a south-easterly direction toward Wowly Creek. The eastern boundary of the land has elevation of approx. 2.0 m AHD. The land is partly flood-affected. A site-specific Flood Study has been prepared to understand flood risks and constraints for development. The results of the flood modelling are summarised in Figure 4.

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Description automatically generated with low confidence Figure 4 – Flooding constraints, pre (top) and post-development (bottom)

The proponent’s proposed post development scenario involves excavating 860m³ of material from the drainage channels that dissect the proposed residential area, and applying a total fill volume of 10,540m³ over the proposed residential area to an average depth of 700-800mm. It is understood that the proposed excavation and filling is necessary from a water quality and stormwater management perspective, i.e., to provide sufficient fall to the proposed stormwater treatment system. Further detail is provided on page 29 of the updated PP provided as Attachment 4 (under separate cover).

Intended outcomes of the Planning Proposal

Approx. 1.7 ha of land adjacent to Sealark Road is proposed to be rezoned from C3 Environmental Management to R1 General Residential. The balance of the subject land is proposed to be rezoned to C2 Environmental Conservation and the minimum lot size is proposed to be reduced to 4ha to ensure that it can be subdivided from the residential land and added to the Jervis Bay National Park (which is to be secured via a Voluntary Planning Agreement). The current and proposed land use zoning is shown in Figure 5.

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Figure 5 – Current (left) and proposed (right) land use zoning under Shoalhaven LEP 2014. Note: the subject land boundary includes a small tidal tributary of Wowly Creek (which is not part of Lot 5) to avoid creating a zone anomaly, i.e., to ensure the tributary is also rezoned from C3 to C2.

The proposed minimum lot size for the R1 land is intended to be reduced from 40 ha to 500m². The maximum allowable height of buildings for the residential area is proposed to be reduced from 11m (under clause 4.3(2A) of Shoalhaven LEP 2014) to 8.5m.

Conclusion

This report has been prepared consistent with Council’s resolution on 5 March 2019 to support a proponent-initiated Planning Proposal over Lot 5 DP 1225356. Large information gaps in original PP request have been addressed and the proposal has been updated accordingly.

Despite terminating the PP due to lengthy delays experienced by the proponent in completing the required studies, DPE has encouraged Council to seek a new Gateway determination for the updated PP. If Council resolves to seek a new Gateway determination, the proposal will come back to Council for final consideration.

Community Engagement

Should a new Gateway determination be issued by DPE that allows the PP to proceed to exhibition, subject to satisfying any conditions, community feedback would be invited on the updated PP and supporting information. The PP would be exhibited for a minimum of 28 days.

Financial Implications

Council has fees and charges in place for progressing proponent-initiated Planning Proposals. These seek to recoup costs incurred by Council in progressing the matter, including the costs associated with staff time. Any unpaid costs incurred by Council (as prescribed in Council’s adopted Fees and Charges) would need to be invoiced to, and paid by, the Proponent before the PP proceeds to exhibition.

Ordinary Meeting – 27 June 2022

Page 1

CL22.275 Proposed Lease to Currarong Arts and Crafts Society Incorporated - Part 23-25 Walton Way, Currarong

HPERM Ref: D22/144890

Department: Building Services

Approver: Paul Keech, Director - City Services

Reason for Report

To allow Council to consider options for the proposed lease renewal for a period of ten years to Currarong Arts and Crafts Society Incorporated (Currarong Arts) at part 23-25 Walton Way, Currarong from 1 July 2022 at a commencing rental of $510 per annum.

Recommendation

That Council;

1. Note the property strategy for this site (part Lot 22, DP16854 part 23-25 Walton Way, Currarong) is to retain the existing tenant, finalise a lease and improve the condition of the building by allocating additional funds to the Operational and Capital budgets during the ten-year lease term.

2. Approve the Lease of part Lot 22, DP16854 part 23-25 Walton Way, Currarong to Currarong Arts and Crafts Society Incorporated for a period of ten years commencing 1 July 2022 at a rental of $510 plus GST per annum with annual CPI increases and authorise the Chief Executive Officer to execute relevant documentation.

3. Note the estimated cost to Council of this arrangement over the next 10 years is $175,827, (today’s dollars), the key components being

a. Rental income of $5,100 over the lease term. Note $510 per annum

b. An operational budget of $137,400 over the lease term for non-recoverable costs, reactive and scheduled maintenance repairs will be required in the 22/23 FY and beyond. This equates to an average of $13,740 per annum.

c. A capital budget of $43,527 for building works comprising of external painting, upgrades to the flooring, kitchen and bathroom required in the 23/24 FY and beyond. This equates to an annual average expense of $4,353 per annum

Options

1. As Recommended

Council approves the Recommendation for a Lease renewal for a term of ten years which provides for a minimum rental to be applied and additional maintenance responsibilities to Council.

Implications: Currarong Arts and Crafts Society Inc. will have security of tenure and be able to request for grants to undertake upgrades to the tenancy/building which will assist with reducing Council’s financial exposure. The total cost to Council represents $175,827 (Table 1) over the lease term.

2. 100% Cost Recovered Rental Option (Note could be any variant up to 100% cost recovery)

Approve the Lease of part Lot 22, DP16854 part 23-25 Walton Way, Currarong to Currarong Arts and Crafts Society Incorporated for a period of five years commencing 1 July 2022 at a rental of $17,582 plus GST per annum plus annual 3% increases, and authorise the Chief Executive Officer to execute relevant documentation,

Implications: Currarong Arts and Crafts Society Inc have provided a financial statement which reflects that whilst they can afford the minimum rental, they have very limited funds. They also do not obtain other funding from the government for the operation of the community facility. Applying a cost recovery rental is not consistent with POL19/40 which advises that a statutory minimum rental is to be charged for this tenant as a result of the above.

3. Opportunities for a new tenant

Advertising for alternate leasing of the property to the community occurs.

That Council seek tenants (via a public advertising process) to lease part Lot 22, DP16854 part 23-25 Walton Way, Currarong for a period of five years commencing 1 July 2022 at a rental of $1,700 plus GST per annum, and report back to Council on a preferred tenant. The rental of $1,700 per annum was determined by valuers Walsh and Monaghan 1 July 2014 and have recently advised that no increase is relevant.

Implications: There has been no objections to the community advertising which has occurred for the proposed lease renewal to Currarong Arts and therefore this is not recommended. The building has been occupied and improvements have been made by Currarong Arts and Crafts since occupation in 1983. A significant number of local objections would therefore be anticipated should this advertising occur.

Background

Currarong Arts occupy the ex-Rural Fire Station site owned by Council which is classified as Community Land.

Currarong Arts have been in occupation of the site since 1983 and are currently on holdover from their lease which commenced 1 July 1995 and expired 30 April 1999. The new committee now has a focus to increase membership and community engagement and would like to occupy the premises on a long-term basis and ensure security of tenure by entering into a ten-year lease renewal.

Currarong Arts was formed in 1982 with the support of the local community, local members of parliament and Council and was incorporated in 1990. The main purpose of the group is to provide a creative outlet for the residents of Currarong and surrounding areas and to encourage artistic pursuits but to also create a place for social interaction, support, teaching of arts and for the promotion of the area to visitors.

They have a retail shop at the front of the premises with a working area, kitchen, storage and amenities to the rear. The shop is a focal point for tourism in the village opening on the weekends and during the week for members. Funds raised by Currarong Arts via the sale of art products from the premises, are donated to local and wider charities and to pay for costs for the operation of the facility.

Property

The site comprises of 1,795 square metres and is an irregular shaped allotment falling slightly to the rear which fronts Currarong Creek. The land to the south is an intermittent watercourse/drainage line and is heavily vegetated. Public access from Walton Way to the creek is provided and the site contains a large amount of vegetation.

It is located within a residential area and zoned RE1 Public Recreation which limits how the site can be used however permits community facilities. This zoning also restricts the value of the premises and rental which can be achieved.

Currarong Arts have been in occupation since 1983 after relocation by Rural Fire occurred. The original building was rebuilt with local volunteer labour and donated materials and a toilet and storeroom was added with a loan from Council which was fully repaid.

The building comprises of an original ex rural fire shed built in approximately 1970 constructed of external corrugated galvanised iron, concrete slab and corrugated iron roof with no onsite parking available. The lettable area is approximately 85 square metres and includes an open plan retail area, small original kitchen, storeroom and bathroom all of which require updating.

Capital works over the term of the lease include upgrades to the flooring, kitchen and amenities and external painting. Operational works include repairs to the external façade, windows and doors all of which continue to be the responsibility of Council.

Aerial of the Site

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Property Strategy

The property strategy for this site is to retain the existing tenant, finalise a lease, and to improve the condition of the building by allocating additional funds to the Operational and Capital budgets during the ten year lease term.

This is the only Council owned community run facility within Currarong, the site is classified as community land and therefore continued occupation by the community is required. The best use for the building is the existing tenant as the building size and condition is restrictive and there are limited suitable community groups in this location.

Community and Internal Engagement

In accordance with the Local Government Act 1993 – Section 47, the proposed Licence has been advertised for a period of 28 days and no objections have been received.

Council staff are investigating the parking on the street to ensure compliance with current standards and mitigate risk to protect Council as a roads authority. The site offers no parking and consultation will occur with Currarong Arts and surrounding occupants regarding any proposed safety improvements.

Policy Implications

POL19/40 Occupation of Council owned or Managed Land.

Clause 5.8 Cost Recovery provides that Council “is to ensure that agreements do not impose an unreasonable burden on general revenue. Council is to obtain a reasonable dividend and at a minimum, cost neutrality from the use of its property, i.e. the tenancy is to be at no cost to Council. “

Implication - This is not feasible for the majority of community facilities where no federal government funding is provided. The statutory minimum rental plus the non-recoverable costs incurred by Council result in a negative impact. The Recommendation provides for additional funds of $175,827 to maintain the facility to a suitable standard. This aims to ensure that the condition of Council properties are at an acceptable standard and the property is properly maintained and building and tenant issues minimised on a long term basis.

Clause 5.9 and 5.11 Defined Lease Term and Asset Plan notes that “no lease is for a term greater than five years unless under exceptional circumstances..” and that “unless an asset management plan it is prepared indicating cost of structural or minor repairs likely during the term..”

Implication - The proposed lease term is for a period of ten years given that the tenant has been in occupation for the past forty years and proposes to remain on a long-term basis. The site is classified as community use and is not proposed to be divested and does not provide an opportunity for many uses in its current configuration. The tenant is proposing to undertake an upgrade to their fit out on receipt of grant funds. Operational and capital works have been identified in the Long-Term Financial Plan (Annexure 1) which are required over the term of the lease.

Clause 5.17 Rental and Other Fees and Charges provides that “Only in exceptional circumstances where the community group can demonstrate that it essentially functions as a self-help group (with no funding from State or Federal Government) with the local community, will Council consider a rent equivalent to the minimum statutory rent.”

Implication – The tenant has demonstrated that they do not receive any state or federal funding and therefore, the Recommendation is consistent with this Policy.

Clause 6 Review provides for “It will be reviewed within one year of the election of every new Council, or earlier if required. “

Implication - We are currently reviewing the Policy and will be providing a number of recommendations for consideration by Council.

Financial Implications

Council will continue to receive a rental equivalent to statutory minimum, for a term of ten years with annual cpi increases. The Lessee will be required to keep the premises in a clean and tidy condition, including their tenancy fit out and maintain that part of the land surrounding the building.

The lease which expired in 1999 provides for Currarong Arts to be responsible for the building and tenancy maintenance, however it was evident after a site inspection, tenancy discussions, and a review of financial information, that this community group is not able to fund larger repairs and some maintenance to the site.

Council will therefore be managing the maintenance of the air conditioning, cleaning of gutters and fire compliance costs as a result of the Lessee’s position.

The Long Term Financial Plan for the premises and the financial implications total $175,827 as a result of the proposed lease include the following (Refer to Table 1 – Long Term Financial Plan Summary).

a. Rental income of $5,100 over the lease term. Note $510 per annum

Note that Council will require the amount of $175,827 over the lease term to create a cost neutral position as required in Clause 5.8 Cost Recovery POL/40 Occupation of Council owned or Managed Land.

Table 1 - Long Term Financial Plan Summary

Refer to Annexure 1 – Long Term Financial Plan for additional information.

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Risk Implications

No risks identified. Currarong Arts have a strong presence within the local community and propose to continue to remain within the premises on a long-term basis.

The Lessee’s year-end financial statements have been reviewed to determine their financial capacity to pay rental and maintain the premises which largely occurs with the help of volunteers. Further information can be provided, noting that the Recommendation to Council takes this information into consideration, as their financial details have been excluded for privacy reasons.

In the event that no additional Opex or capital funding is provided, the building condition will condition to decline.

Ordinary Meeting – Monday 27 June 2022

Page 1

SITE LOCATION

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Property Strategy

The property strategy for this site is to retain the existing tenants and align the leases which have expired and are on holdover to an expiry date of 30 June 2026. This will ensure that a consistent property strategy for the site occurs with all tenants, and provides efficiencies of scale for future lease renewals costs.

The site is owned by Council and classified as operational land and due to the size and location of the land, maybe considered as having future development potential.

Community and Internal Engagement

Community engagement is not required as the site is classified as Operational Land.

The Principal Transport Engineer, City Futures has advised that they will be investigating some improvements for disabled access between our site and the adjacent rear site owned by Sheffield Crest. The works proposed would include a concrete ramp between the carpark and the adjacent pathway which has been approved by them.

Policy Implications

POL19/40 Occupation of Council owned or Managed Land

Clause 5.8 Cost Recovery provides that “Council is to ensure that agreements do not impose an unreasonable burden on general revenue. Council is to obtain a reasonable dividend and at a minimum, cost neutrality from the use of its property, i.e. the tenancy is to be at no cost to Council.”

Implication - This is not feasible for the majority of community facilities where they have limited funds for building maintenance. The Recommendation provides for additional funds to maintain the facility to a suitable standard to provide for cost neutrality in accordance with this policy. This initiative will ensure that the condition of Council properties are at an acceptable standard and the property is properly maintained and building and tenant issues minimised on a long term basis.

Clause 5.9 and 5.11 Defined Lease Term and Asset Plan notes that “no lease is for a term greater than five years unless under exceptional circumstances..”

Implication - The proposed lease term is for a period of five years or less, which is consistent with this policy.

Clause 5.17 Rental and Other Fees and Charges provides that “All rentals charged in the first instance are to be determined in accordance with market values and Community Groups – rental figure is determined through a rental assessment framework (RAF).”

Implication – These community tenants have been paying a subsidised market rental since their occupation and is recommended in this report for the lease renewals. The Recommendation is therefore consistent with this Policy.

Clause 6 Review provides for “It will be reviewed within one year of the election of every new Council, or earlier if required.”

Implication - We are currently reviewing the Policy and will be providing a number of recommendations for consideration by Council.

Financial Implications

Financial details for each lessee are provided separately in Annexure A – Long Term Financial Plans, however a combined table showing the implications for all lease renewals is provided below.

Council will continue to receive subsidised market rentals, for a term of approximately five years for each tenant with fixed annual increases of 3.5%. Lease terms and commencement dates may vary slightly due to the dates being inconsistent. The tenants will be required to keep the premises in a clean and tidy condition, including their tenancy fit out and maintain that part of the land surrounding the building.

The leases for each tenant provides for them to be responsible for the building and tenancy maintenance, however it was evident after site inspections that some maintenance is not occurring. This largely consists of the cleaning out of gutters which can cause issues with the buildings over time. It is therefore proposed that Council take on this responsibility to minimise major repairs or capital works in the future. Note that air conditioning units have been installed by the tenants and are therefore not Councils responsibility.

The estimated total cost to Council for this arrangement over a five years is $124,997 (today’s dollars), the key components summarised below (Table 2 – Summary Long Term Financial Plan) and detailed further in the Long Term Financial Plan (Annexure A – Long Term Financial Plans);

· A total rental subsidy of $105,856 per annum or $519,806 over the lease terms expiring 30 June 2026.

· A total operational budget of $39,334 per annum or $190,443 over the lease term for non-recoverable costs and reactive/scheduled maintenance and repairs will be required in the 2022/23 FY and beyond.

· A capital budget of $30,413 for building works comprising of a kitchen replacement and external painting which is required in the 23/24 FY and beyond. This equates to an annual average expense of $6,083 per annum.

Table 2 – Summary Long Term Financial Plan

LESSEE DETAILS

ULLADULLA AND DISTRICTS COMMUNITY RESOURCES CENTRE

Building 1, 78 St Vincent Street Ulladulla

Ulladulla and Districts Community Resources Centre (UDCRC) are currently on holdover from their lease which expired 31 December 2019. They have been in occupation of the site since May 2006 after being located in other buildings within the area from 1983.

UDCRC aims and philosophies include: To research and identify the needs and issues concerning different groups in the area. To develop networks, services and activities, which address the needs of disadvantaged people in the area, to bring local residents together around issues of concern, and endeavour to change to meet the needs of our community.

Financial Implications

Council will continue to receive determined rental with the previously agreed rental subsidy applied from their lease commencement date 1 July 2021 to their expiry date 30 June 2026. The Lessee will be required to keep the premises in a clean and tidy condition and maintain that part of the land surrounding the building.

An inspection occurred as part of the transaction negotiations which identified that the premises are generally in good condition. The kitchen has been noted as requiring replacement during the lease term together with some minor external painting which is the responsibility of Council. The Lessee has recently painted internally and has added a number of air conditioning units which they are required to maintain. They are also reviewing grant opportunities to enhance the external area to the rear and side of the building.

The estimated cost to Council is $60,147 with a lost income opportunity of $194,094 as a result of the proposed lease and is summarised below and detailed in the Long Term Financial Plan (Annexure A – Long Term Financial Plans)

· A total rental subsidy of $38,819 per annum or $194,094 over the lease term expiring 30 June 2026.

· A total operational budget of $13,564 per annum or $60,390 over the lease term for non-recoverable costs and reactive/scheduled maintenance and repairs will be required in the 2022/23 FY and beyond.

· A capital budget of $30,413 for building works comprising of a kitchen replacement and external painting which is required in the 23/24 FY and beyond.

Risk Implications

No risks identified. UDCRC have a strong presence within the local community and propose to continue to remain within the premises on a long-term basis.

The Lessee’s year-end financial statements have been reviewed to determine their financial capacity to pay rental and maintain the premises. Further information can be provided, noting that the Recommendation to Council takes this information into consideration.

MISSION AUSTRALIA

Building 2, 78 St Vincent Street Ulladulla

Mission Australia are currently on holdover from their lease which expired 30 June 2020. They have been in occupation of the site since approximately 2015 after taking over management of the Southern Shoalhaven Youth Services/Ulladulla Youth Centre and have since expanded the support and operations from the facility including Transition to Work, Brighter Futures and Grandparents Raising Grandchildren services.

Mission Australia is a major nationwide community service and have significant support and government funding for the running of a number of services to the community.

Main Purpose: To provide support for young people in the Ulladulla region. We work closely with Ulladulla High School, providing skills programs for student groups and providing case management of at risk youth. We also operate a drop in program 3 days a week and school holiday programs. The programs are available for all young people in the community and provide a safe environment for youth to connect with youth workers at the centre.

Financial Implications

Council will continue to receive a determined rental with the previously agreed rental subsidy applied from their lease commencement date 1 July 2021 to their expiry date 30 June 2026. The Lessee will be required to keep the premises in a clean and tidy condition and maintain that part of the land surrounding the building.

The estimated cost to Council is $49,395 with a lost income opportunity of $200,160 as a result of the proposed lease and is summarised below and detailed in the Long Term Financial Plan (Annexure A – Long Term Financial Plans)

· A total rental subsidy of $40,032 per annum or $200,160 over the lease term expiring 30 June 2026.

· A total operational budget of $12,187 per annum or $60,935 over the lease term for non-recoverable costs and reactive/scheduled maintenance and repairs will be required in the 2022/23 FY and beyond.

· A capital budget has not been identified as being required during the lease term.

Risk Implications

No risks identified. Mission Australia have a strong presence within the local community and nationwide and partner with a number of government agencies and bodies to obtain funding to provide services across the community. They propose to continue to remain within the premises on a long-term basis.

The Lessee’s link to the first online Annual Report including financial information for the year ending 30 June 2021 is https://www.missionaustralia.com.au/annual-report-2021. This shows Income as $304.7M and Expenditure $291.7M which reflects that 88% of income was invested back into the Community.

SOUTHERN SHOALHAVEN ZONE MEALS ON WHEELS

Suites 1 and 3, 78 St Vincent Street Ulladulla

Southern Shoalhaven Zone Meals on Wheels (MonW) are currently on holdover on two leases which expired 30 June 2018 and 30 June 2021. They have been in occupation of Suite 1 since approximately 2006 and Suite 3 from 2013 which they initially shared with Milton Ulladulla Historical Society until the completion of the Ulladulla Civic Centre.

MonW is a worldwide organisation which originated in Britain during World War II by assisting frail older people who wanted to stay in their own homes, but needed help to do so. MonW started in Australia in 1952 in Melbourne where meals were delivered by a lady on a tricycle at a cost of 2 shillings per meal. There are now approximately 500 not for profit facilities within Australia independently run.

Meals on Wheels Australia Mission Statement: Building the capacity of a network of self-managed not for profit community organisations that provide (food and other community services) that re-able and support people in their community.

Financial Implications

Council will continue to receive a determined market rental with the previously agreed rental subsidy applied from their lease commencement date 1 July 2021 to their expiry date 30 June 2026. The Lessee will be required to keep the premises in a clean and tidy condition and maintain that part of the land surrounding the building.

An inspection occurred as part of the transaction negotiations which identified that the premises are generally in good condition with no major works required by Council over the lease term. The tenancy has a kitchen for meal preparation and the other area is being used for meal seating and food bag storage/collection.

The estimated cost to Council is $21,200 with a lost income opportunity of $81,490 as a result of the proposed lease and is summarised below and detailed in the Long Term Financial Plan (Annexure A – Long Term Financial Plans) noting that they occupy 43% of the building.

· A total rental subsidy of $16,298 per annum or $81,490 over the lease term expiring 30 June 2026.

· A total operational budget of $6,055 per annum or $30,275 over the lease term for non-recoverable costs and reactive/scheduled maintenance and repairs will be required in the 2022/23 FY and beyond.

· A capital budget has not been identified as being required during the lease term.

Risk Implications

No risks identified. MonW have a strong presence within the local community and nationwide and partner with a number of government agencies and the public to provide services across the community. They propose to continue to remain within the premises on a long-term basis.

The link to Meals on Wheels Australia’s Annual Report including financial information for the year ending 30 June 2021 is https://mealsonwheels.org.au/wp-content/uploads/2021/10/MOWA-Annual-Report-2021-FINAL-Digital.pdf. This shows Income as $1,372,818 ($1,039,792 government grants) and Expenditure $1,278,024 which reflects that 93% of income was invested back into the Community. Net Assets are $256,309 and Cash $102,480.

AUSTRALIAN UNITY HOMECARE SERVICE PTY LIMITED

Suite 2, 78 St Vincent Street Ulladulla

Australian Unity Homecare Service Pty Limited (AUHS) have a lease which expires 30 April 2022. They have been in occupation of the site since approximately 2017 when they took over the Ulladulla and Nowra sites from FACS.

AUHS was established in 1840, and were Australia’s first member-owned wellbeing company, offering members and customers health, wealth and care services. Being a member-owned company, also called a mutual, gives greater flexibility to invest money into the services and solutions that matter most to members, customers and the Australian community.

Purpose: We are here to help people thrive in the areas of health, wealth and living. We enable customers to live independently in their own home by tailoring support in consultation with customer needs, funding program budget and provisions.

Financial Implications

Council will continue to receive a determined rental with the previously agreed rental subsidy applied from their lease commencement date 1 May 2022 until the expiry date 30 June 2026. The Lessee will be required to keep the premises in a clean and tidy condition and maintain that part of the land surrounding the building.

An inspection occurred as part of the transaction negotiations which identified that the premises are generally in good condition with no major works required by Council over the lease term. The tenancy is located in the middle of the building between Meals on Wheels and therefore has less natural light. With COVID, there appeared to be a number of desks which looked permanently vacated at the time of the inspection.

The estimated surplus to Council is $13,280 with a lost income opportunity of $44,058 as a result of the proposed lease and is summarised below and detailed in the Long Term Financial Plan (Annexure A – Long Term Financial Plans) noting that they occupy 57% of the building.

· A total rental subsidy of $10,706 per annum or $44,058 over the lease term commencing 1 May 2022 and expiring 30 June 2026.

· A total operational budget of $7,508 per annum or $31,333 over the lease term for non-recoverable costs and reactive/scheduled maintenance and repairs will be required in the 2022/23 FY and beyond.

· A capital budget has not been identified as being required during the lease term.

Risk Implications

No risks identified. AUHS have a strong presence within the local community and nationwide propose to continue to remain within the premises on a long-term basis.

AUHS have provided a link to their Annual Report including financial information for the year ending 30 June 2021:

https://www.australianunity.com.au/-/media/rebrandcorporate/documents/annual-reports/fy21_australian_unity_annual_report.pdf.

The Report reflects a profit of $32.9 m for the year end, please review the link for more information if required. I have also been verbally advised that profits are expected to reduce by 50% within the next year due to the effects of covid.

Annexure A – Long Term Financial Plans

ULLADULLA AND DISTRICTS COMMUNITY RESOURCES CENTRE

Building 1, 78 St Vincent Street Ulladulla

MISSION AUSTRALIA

Building 2, 78 St Vincent Street, Ulladulla

SOUTHERN SHOALHAVEN ZONE MEALS ON WHEELS

Suites 1 and 3, 78 St Vincent Street, Ulladulla

AUSTRALIAN UNITY HOMECARE SERVICE P/L

Suite 2, 78 St Vincent Street, Ulladulla

Annexure B

Proposed Lease Terms – All Tenants

Note - Some anomalies maybe relevant in the existing leases current lease terms which will be adopted

Item 1	Premises	Buildings 1, 2 and 3, 78 St Vincent Street Ulladulla Part Lot 1, DP1005058
Item 2	Lessee	Ulladulla and Districts Community Resources Centre Mission Australia Southern Shoalhaven Zone Meals on Wheels Australian Unity Homecare Service Pty Limited
Item 3	Lessor	Shoalhaven City Council Administration Building 42 Bridge Road, Nowra, NSW, 2541 Property Officer, Building Services Tel: 02 4429 3111 Email Council@shoalhaven.nsw.gov.au
Item 4	Permitted Use	Commercial offices and operations related to the Lessee’s community use
Item 5	Term	Refer to each Lessee’s Asset Table
Item 6	Commencement Date	Refer to each Lessee’s Asset Table
Item 7	Termination Date	30 June 2026
Item 8	Option	Nil
Item 9	Rent	Refer to each Lessee’s Asset Table
Item 10	Rent Reviews	Annual 3.5% increases
Item 11	Outgoings	100%/47%/53% of the following outgoings which is related to your occupancy including; · Garbage disposal · Power, gas and internet · Water usage and sewerage costs · Fire compliance · Cleaning of gutters
Item 12	Lessors Improvements	The Lessor owns all buildings, structures, and equipment on the Premises including the kitchen, amenities.
Item 13	Lessees Improvements	The Lessee owns the office fit out within the building installed by the Lessee and may include air conditioning units.
Item 14	Lessors Maintenance	The Lessor is responsible for structural works and the integrity of the building and site including roof repairs, replacement of fencing and maintenance of owned equipment.
Item 15	Lessees Maintenance	The Lessee is responsible for repairs, maintenance of the Premises including the Lessee’s Improvements, general lawn and garden maintenance, cleaning of gutters and ensuring that the Premises are presented and accessible in a condition suitable to the use.
Item 16	Redecoration	Redecoration will include internal repainting of the premises where relevant, three months prior to expiry/vacation and ensuring that all maintenance obligations are undertaken.
Item 17	Makegood	Upon expiry or vacation, the Lessee will vacate the Premises and hand back the Premises to the Lessor in a suitable condition taking into consideration redecoration and maintenance responsibilities.
Item 18	Public Risk Insurance	Twenty million dollars ($20,000,000) Lessor to be noted as interested party on the policy
Item 19	Bank Guarantee/Guarantor	Not applicable
Item 20	Documentation and preparation costs	Lease preparation costs to be funded by the Lessee
Item 21	Interest	Not applicable
Item 22	Percentage of Rental Subsidy	Refer to Lessee’s Asset Table
Item 23	Land Classification	Operational Land
Item 24	Other	Some leases may contain other terms which maybe relevant for each Lessee and will be adopted as part of this renewal

Ordinary Meeting – Monday 27 June 2022

Page 1

CL22.277 Occupation of Part Lot A DP 343373, 173 Jacobs Drive, Sussex Inlet.

HPERM Ref: D22/173374

Department: Building Services

Approver: Paul Keech, Director - City Services

Reason for Report

To allow Council to consider options for the following proposed leases for a period of five years at part Lot A DP 343373, 173 Jacobs Drive, Sussex Inlet which will commence 1 August 2022.

1. Sussex Inlet Cinema Australia P/L (Cinema Area)

2. Sussex Inlet Pottery Group Inc. (Rear Tenancy Behind Cinema)

Recommendation

That Council approve;

1. The leases for part Lot A DP343373, 173 Jacobs Drive Sussex Inlet for a period of five years commencing 1 August 2022 and authorise the Chief Executive Officer to execute relevant documentation for the following leases;

a. Sussex Inlet Cinema Australia P/L (Commercial lease)

Cinema area

Determined Rental $7,379 per annum

Determined Rent Review commencement of Year 3

Fixed 3.5% increases

b. Sussex Inlet Pottery Group Inc (Community lease)

Rear tenancy in the same cinema building

Subsidised Rental $492 per annum

Fixed 3% increases

2. The estimated cost to Council of this arrangement over five years is $159,411 (today’s dollars), the key components being

a. Rental income of $39,360 over the lease term. Note $7,872 per annum.

b. A total operational budget of $143,471 over the lease term for non-recoverable costs and reactive/scheduled maintenance and repairs will be required in the 2022/23 FY and beyond. This equates to an average of $28,694 per annum.

c. A capital budget of $55,300 for building works comprising of a replacement kitchen, external painting and replacement flooring which is required in the 24/25 FY and beyond. This equates to an annual average expense of $11,060 per annum.

Options

1. As Recommended

Council approves the Recommendation for the lease renewals for a term of five years which provides for the stipulated rentals and terms to be applied.

Implications: Council will secure a new and very experienced operator for the Cinema and generate increased community use. This lease provides for the commercial tenant to maintain the building and does not provide for Council to incur additional costs.

The lease to the existing Sussex Inlet Pottery Group will be renewed at a continued subsidised rental and existing reduced maintenance obligations.

Note that Council will require the amount of $159,411 over the lease term to create a cost neutral position as required in Clause 5.8 Cost Recovery POL/40 Occupation of Council owned or Managed Land.

2. Determined Rental Option

Council approve the leases for part Lot A DP343373, 173 Jacobs Drive Sussex Inlet for a period of five years commencing 1 August 2022 and authorise the Chief Executive Officer to execute relevant documentation for the following leases;

· Sussex Inlet Cinema NSW P/L

Cinema area

Determined Rental $7,379 per annum

Determined Rental Review Year 3

· Sussex Inlet Pottery Group Inc

Rear tenancy in the same cinema building

Determined Rental $720 per annum

Fixed 3% increases

Implications: The Recommendation provides for a determined rental to be applied to Sussex Inlet Cinema based on a valuation from Walsh and Monaghan in 2014 and annual increases applied. It also includes the requirement for a market review at the commencement of year 3. Securing the new operator at the current rental is recommended.

Sussex Inlet Pottery Group have an existing subsidised rental percentage of 64.55% which has been applied to the determined rental. This is consistent with 19/40 - 5.17 Rental and other Fees and Charges.

3. Opportunities For New Tenants

Investigate opportunity for new lessee’s (via a public advertising process) for the leasing of both tenancies within the Cinema building at part 173 Jacobs Drive Sussex Inlet and report back to Council on the responses and recommendation which include a lease term of five years.

Implications: This is not recommended. The Recommendation provides for a new experienced operator to run the Cinema and any advertising will remove the opportunity of the existing tenant to sell their business which is provided under their existing lease. The Pottery Group have also been in occupation for over twenty years and it is anticipated that significant opposition to this Option will be received. The financial outcome of this option provides only a minor rental increase from the Recommendation.

Background

It is proposed to enter into leases for the Sussex Inlet Cinema NSW Pty Limited and Sussex Inlet Pottery Group Incorporated (Potters) for a term of five years commencing 1 August 2022. The property is owned by Council and classified as operational land.

The Sussex Inlet Cinema building is currently leased to Movies @ 2540 Pty Limited, who operate the cinema, and Potters who run a community pottery group in a small tenancy at the rear of the building. Both tenants are holding over under their current leases which have expired.

The Lions Club lease a small storage building behind the Council amenities building which expires 28 February 2023. A separate report for the renewal of this lease will provide for a lease renewal consistent with the leases in the Recommendation which expire 31 July 2027.

Strategic Property are currently in the market investigating opportunities for community groups who require accommodation in the area which needs to be noted as part of this report. These groups include the Library, a neighbourhood centre in the main street and a community health group who have been given notice to vacate from premises leased from NSW Health.

Property

The site comprises of 1,378.46 square metres and is a rectangular shaped allotment with frontage on Jacobs Drive and located on the eastern fringe of the Sussex Inlet CBD. The site includes the main cinema building, rear public amenities and adjacent kiln room, separate building leased for storage to the Lions Club and a portion of the rear public carpark.

Surrounding developments consist of an adjacent church site to the east and beyond the Kalua Caravan Park, Council park to the west and commercial premises opposite to the south.

The site is zoned SP2 Infrastructure with objectives of the zone;

· To provide for infrastructure and related uses

· To prevent development that is not compatible with or that may detract from the provision of infrastructure

The main building is constructed of a fibro clad exterior and a colour bond roof measuring approximately seventy eight feet by thirty four feet. It was constructed in approximately 1947 to cater for the small local population however the showing of pictures was not approved until 1948. The building area totals 342 square metres and now provides accommodation for the cinema occupying approximately 295 square metres with frontage to Jacobs Drive, and the Potters located at the rear in the balance of 47.85 square metres.

A Conservation Management Plan exists for the site identifying that it has local heritage significance and notes the cinema building and cinema fit out has high and moderate significance.

LOCATION

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Property Strategy

The leases for the Cinema, Pottery Group and separate Lions Club have previously had different lease expiry dates which will now be aligned to 31 July 2027. Negotiations for the lease renewal with the Lions Club will form part of a separate report with a lease term commencing 1 March 2023 and expiry date 31 July 2027.

Strategic Property have advised they are investigating the potential purchase of the adjacent site at 175 Jacobs Drive Sussex Inlet. If this purchase proceeds, this will provide an opportunity for a strategic review for the best use and activation of both sites noting the operational land classification.

Community Engagement

This site is classified as operational land and community engagement for the proposed leases is not required. We have engaged with Strategic Property as part of these renewals.

Policy Implications

POL19/40 Occupation of Council owned or Managed Land

Implication – Cost Recovery is A market rental and commercial maintenance obligations are proposed for the Cinema tenancy who occupy approximately 85% of the building. The balance of the building (15%) is occupied by a community tenant who does not obtain government funding as consistent with Clause 5.17 (below).

Clause 5.9 Defined Lease Term notes that “no lease is for a term greater than five years unless under exceptional circumstances

Implication - The Recommendation for the lease term of five years is consistent with this requirement.

Clause 5.17 Rental and Other Fees and Charges provides in clause 5.17.1 for “All rents charged in the first instance are to be determined in accordance with market values…

Implication - The Recommendation for the lease term of five years is consistent with this requirement.

Clause 5.17.2 “Rental figure is determined through a rental assessment framework (RAF). Only in exceptional circumstances where the community group can demonstrate that it essentially functions as a self-help group (with no funding from State or Federal Government) with the local community, will Council consider a rent equivalent to the minimum statutory rent.”

Implication – The tenant has demonstrated that they do not receive any state or federal funding and have previously been provided with a rental subsidy percentage of 64.55% in order to determine the rental. The Recommendation is consistent with this requirement however the charging of a full market rental under Option 2 will not be consistent with this Policy.

Clause 6 Review provides for “It will be reviewed within one year of the election of every new Council, or earlier if required. “

Implication - We are currently reviewing the Policy and will be providing recommendations for consideration by Council.

PROPOSED LEASES

Sussex Inlet Cinema

Movies @ 2540 are currently on holdover from their lease which expired 31 August 2020. They are also the lessee’s for the Huskisson Cinema which is leased from Council and also subject to a renewal as a part of a separate report.

They originally advised that they required a lease renewal after the effects of covid were determined, however subsequently approached Council advising that they wished to sell their business due to personal commitments.

As a result of the lease being on holdover, a new lease will be required with the proposed new operator/lessee. Clause 10 of the current lease provides for a transfer of the lease subject to approval by the Lessor, which cannot be unreasonably withheld. Relevant financial details and experience have been received in confirmation that the proposed new lessee has significant experience and financial capacity to pay rental and maintain the premises.

Three Directors currently run Empire Cinemas in Bowral, which has won several awards, and have over seventy combined years’ experience in the industry. The financial statements for the years ending 30 June 2021 and 30 June 2020 for their Bowral cinemas have been reviewed showing significant profit and demonstrating that they have financial capacity. This information has been excluded for privacy reasons.

The new owners have offered a rental consistent with the current lease being $7,379.50 per annum and it is recommended that this is adopted in order to secure the new operator. A market rental at the beginning of year three is proposed, rather than at the expiry of the lease term 31 May 2027, and will include a ratchet clause restricting the rental to decrease.

It is noted that the last valuation was undertaken by Walsh and Monaghan in 19 December 1997 which provided for a market rental of $5,200 per annum. The current rental of $7,379.50 per annum relates to subsequent increases which have been applied over the years.

The lease commencement date is proposed as 1 August 2022 however may change due to the sale of the business but the expiry date will remain as 31 July 2027.

Financial Implications

Council will continue to receive rental for a term of five years which will increase annually by 3.5% and be reviewed at the commencement of year 3. They will be required to keep the premises in a clean and tidy condition, maintain all equipment and that part of the land surrounding the building. Council is responsible for the structural integrity, replacement of owned equipment.

An inspection occurred as part of the transaction negotiations which highlighted that whilst the building is older, it is generally in good condition. The Lessee is required to maintain the building and equipment as part of the lease conditions.

The estimated total cost to Council is $77,552 as a result of the proposed lease - as summarised below and detailed in the Long Term Financial Plan (Annexure A – Long Term Financial Plans)

a. No rental subsidy is relevant for this transaction

b. An operational budget of $19,533 per annum or $99,152 over the lease term for both non recoverable costs and reactive/scheduled maintenance and repairs will be required in the 2022/23 FY and beyond.

c. A capital budget of $15,300 for building works comprising of external painting and floor replacement which is required in the 24/25 FY and beyond. This equates to an annual average expense of $3,060 per annum

Note that Council will require the amount of $77,552 over the lease term to create a cost neutral position as required in Clause 5.8 Cost Recovery POL/40 Occupation of Council owned or Managed Land.

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Risk Implications

There is some risk that the change in the way movies can now be streamed at home together with covid could have a long-term effect on the cinema business. The new owners however have significant experience in the industry and are located in a unique heritage building and propose to continue to remain within the premises on a long-term basis.

Comments regarding the new operators financial position are provided above and note that a bank guarantee for six months will also be obtained as part of the new lease.

Sussex Inlet Pottery Group Incorporated (Potters)

The lease to the Potters expired 31 October 2019 and they are currently on holdover. It is proposed to enter into a lease renewal for a term of five years from 1 August 2022 and have been in occupation of the premises since approximately 2001 for a subsided rental of $492 per annum which is the current rental being paid.

The Potters previously advised Council that they did not want to renew their lease due to reduced member numbers and the impacts from COVID. They have now advised that they wish to proceed with a lease if Council prepare and pay for lease documentation, which will be included in the operational budget required by Building Services.

The Potters are a local community group that provide classes and membership to the local community. They currently have approximately 35 members and run limited classes during the week and weekends. COVID has affected the member numbers and class attendance and their profitability, hence the ability to pay a limited rental.

Leased Area

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Financial Implications

Council will continue to receive a subsidised determined rental for a term of five years of $492 per annum. The Lessee will be required to keep the premises in a clean and tidy condition and maintain that part of the land surrounding the building. Council will be responsible for fire compliance, cleaning of their proportion of the guttering.

An inspection occurred as part of the transaction negotiations which highlighted that a number of works are required by Council during the term of the lease including installation of air conditioning and some improvements to the amenities and kitchen which are beyond their lifecycle.

The estimated total cost to Council is $81,859 as a result of the proposed lease -as summarised below and detailed in the Long Term Financial Plan (Annexure A – Long Term Financial Plans)

a. A total rental subsidy of $228 per annum or $1,140 over the lease term

b. An operational budget of $8,864 per annum or $44,319 over the lease term for both non recoverable costs and reactive/scheduled maintenance and repairs will be required in the 2022/23 FY and beyond.

c. A capital budget of $40,000 for building works comprising of a kitchen replacement which is required in the 24/25 FY. This equates to an annual average expense of $13,334 per annum

Note that Council will require the amount of $81,859 over the lease term to create a cost neutral position as required in Clause 5.8 Cost Recovery POL/40 Occupation of Council owned or Managed Land.

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Risk Implications

Minimal. The Potters are a small group who have been in occupation for over twenty years and propose to remain in the premises on a long term basis. Whilst they have no government financial support they have sufficient funds to remain operational based on a subsidised rental and Council continuing to assist with building maintenance.

Annexure A Long Term Financial Plan, Sussex Inlet Cinemas Australia P/L

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Long Term Financial Plan, Sussex Inlet Potters Inc

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Annexure B - Terms Schedule

Sussex Inlet Cinema NSW P/L

Item 1	Premises	Part 173 Jacobs Drive, Sussex Inlet Part Lot A DP343373 As detailed in lease plan
Item 2	Lessee	Sussex Inlet Cinema NSW Pty Limited ABN TBC
Item 3	Lessor	Shoalhaven City Council Administration Building 42 Bridge Road, Nowra, NSW, 2541 Property Officer, Building Services Tel: 02 4429 3111 Email Council@shoalhaven.nsw.gov.au
Item 4	Permitted Use	Cinema. Conservation Management Plan – The building maybe used for general community purposes such as meetings of community groups, education and arts and crafts.
Item 5	Term	5 years (or as amended depending on the commencement date)
Item 6	Commencement Date	1 August 2022 (or as subsequently agreed to align with the sale of the business)
Item 7	Termination Date	31 July 2027 (To be static)
Item 8	Option	Nil
Item 9	Rent	$7,379.00 plus GST per annum, payable in advance
Item 10	Rent Reviews	Annual 3.5% increases Market rent review 1 August 2024 or at the beginning of year 3 of the Term
Item 11	Outgoings	Comprising of the following outgoings noting that 85% of the building is occupied; • Local Council Rates and Charges • Water, Sewerage and Drainage Charges • Building insurance • Garbage Removal • Fire Services costs • Cleaning of guttering • Any charges referenced in the current unregistered lease expiring 31 August 2020
Item 12	Lessors Improvements	The Lessor owns all buildings, structures, and equipment comprising of the Premises including the air conditioning units, kitchen and amenities.
Item 13	Lessees Improvements	The Lessee owns any equipment already in the premises forming the Lessee’s fit out for the operation of the Permitted Use
Item 14	Lessors Maintenance	The Lessor is responsible for structural works and the integrity of the building including roof repairs and any equipment including air conditioning.
Item 15	Lessees Maintenance	The Lessee is responsible for repairs, cleaning and maintenance of the Premises including any equipment owned by the Lessor including air conditioning units, and ensuring that the Premises are presented and accessible in a condition suitable to the use. In the event that the Lessor maintains any equipment, costs are to be recovered from the Lessee.
Item 16	Redecoration	Three months prior to vacation
Item 17	Makegood	Upon Licence expiry or vacation, the Lessee will vacate the Premises and hand back the Premises to the Lessor in a suitable condition which includes the removal of the Lessee’s fit out, furniture and equipment.
Item 18	Public Risk Insurance	Twenty million dollars ($20,000,000) Lessor to be noted as interested party on the policy
Item 19	Bank Guarantee/Guarantor	A bank guarantee equivalent to six months rental plus personal guarantees
Item 20	Documentation and preparation costs	Lease preparation costs incurred by the Lessor are to be paid by the Lessee which includes the lease preparation by an external party. The Lessee notes that the new lease will not be in the same format as the current lease to Movies @ 2540 Pty Limited however may contain similar terms and conditions
Item 21	Interest	Not applicable
Item 22	Land Classification	Operational Land
Item 23	Other	The lease will reference that the building and site has heritage significance and any repairs, replacements, or new works to the building will need to be reviewed by the Lessor to determine the impact on the site and if heritage approvals are required. Any costs associated with the Lessees works will be at their cost including the appointment of heritage consultants.

Sussex Inlet Potters Inc

Item 1	Premises	Part 173 Jacobs Drive, Sussex Inlet Part Lot A DP343373 As detailed in lease plan
Item 2	Lessee	Sussex Inlet Potters Inc
Item 3	Lessor	Shoalhaven City Council Administration Building 42 Bridge Road, Nowra, NSW, 2541 Property Officer, Building Services Tel: 02 4429 3111 Email Council@shoalhaven.nsw.gov.au
Item 4	Permitted Use	Community group for the purpose of arts and crafts Conservation Management Plan – The building maybe used for general community purposes such as meetings of community groups, education and arts and crafts.
Item 5	Term	5 years
Item 6	Commencement Date	1 August 2022
Item 7	Termination Date	31 July 2027
Item 8	Option	Nil
Item 9	Rent	$492.36 plus GST per annum, payable in advance
Item 10	Rent Reviews	Annual 3.0% increases
Item 11	Outgoings	Comprising of the following outgoings noting that 15% of the building is occupied; • Local Council Rates and Charges • Water, Sewerage and Drainage Charges • Building insurance • Garbage Removal
Item 12	Lessors Improvements	The Lessor owns all buildings, structures, and equipment comprising of the Premises including the air conditioning units, kitchen and amenities.
Item 13	Lessees Improvements	The Lessee owns any equipment already in the premises forming the Lessee’s fit out for the operation of the Permitted Use
Item 14	Lessors Maintenance	The Lessor is responsible for structural works and the integrity of the building including roof repairs and any equipment including air conditioning, fire services, cleaning of gutters.
Item 15	Lessees Maintenance	The Lessee is responsible for repairs, cleaning and maintenance of the Premises including any equipment owned by the Lessor including air conditioning units, and ensuring that the Premises are presented and accessible in a condition suitable to the use.
Item 16	Redecoration	Not applicable
Item 17	Makegood	Upon Licence expiry or vacation, the Lessee will vacate the Premises and hand back the Premises to the Lessor in a suitable condition which includes the removal of the Lessee’s fit out, furniture and equipment.
Item 18	Public Risk Insurance	Twenty million dollars ($20,000,000) Lessor to be noted as interested party on the policy
Item 19	Bank Guarantee/Guarantor	Not applicable
Item 20	Documentation and preparation costs	Lease preparation costs are to be incurred by the Lessor
Item 21	Interest	Not applicable
Item 22	Land Classification	Operational Land
Item 23	Other	The lease will reference that the building and site has heritage significance and any repairs, replacements, or new works to the building will need to be reviewed by the Lessor to determine the impact on the site and if heritage approvals are required. Any costs associated with the Lessees works will be at their cost including the appointment of heritage consultants.

Ordinary Meeting – Monday 27 June 2022

Page 1

CL22.282 DA20/1762 - 127 Princes Highway, Ulladulla - Lot 6, DP 535004 - Mixed Use Development

DA. No: DA20/1762/4

HPERM Ref: D22/222686

Department: Development Services

Approver: James Ruprai, Director - City Development

Attachments: 1. Section 4.15 Planning Assessment Report (under separate cover) ⇨

2. Draft Conditions of Development Consent (under separate cover) ⇨

3. Final Plans (under separate cover) ⇨

Description of Development: Mixed Use Development including demolition of existing buildings, construction of 2 retail spaces, restaurant and six (6) residential units with 2 level of car parking for 20 spaces

Owner: Ocean Point Assets Pty Limited

Applicant: Ocean Point Assets Pty Limited c/ Edmiston Jones

Notification Dates: 10 March 2021 – 24 March 2021 with extension to 16 April 2021

14 July 2021 – 28 July 2021

No. of Submissions: 9 submissions in total, 2 were made from the same party, 3 were made by the same individual. All were objections.

Purpose / Reason for consideration by Council

Following a Notice of Motion on 11 May 2021, the development application (DA) was called in for determination by the full Council ‘due to public interest’. (MIN21.247)

Recommendation

That development application DA21/ 1762 for a Mixed Use Development including demolition of existing buildings, construction of 2 retail spaces, restaurant and six (6) residential units with 2 levels of car parking for 20 spaces at Lot 6 DP 535004, 127 Princes Highway, Ulladulla be approved with conditions as detailed in Attachment 2 of this report.

Options

1. Approve as recommended.

Implications: If consent is granted, this will enable the applicant to pursue the proposal.

2. Refuse the application.

Implications: Planning grounds will need to be provided for the refusal. A section 8.2 Review and / or an appeal lodged in the NSW Land and Environment Court.

3. Resolve alternatively.

Implications: Council will need to specify and alternative recommendation and advise staff accordingly.

Location Map

Figure 1 – Aerial Map

Figure 2 – Location Map

Background

Proposed Development

The proposal seeks development consent for a mixed-use development which includes the demolition of existing buildings and construction of two retail spaces, restaurant and six (6) residential units.

The proposal will provide a mixture of two and three-bedroom apartments across the second and third floor levels of the site. Private Open Space areas have been provided in the form of terrace/balconies which have been orientated towards the street to minimise visual impacts to neighbouring properties.

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Figure 3 – Visual Representations – extract from visual analysis drawing by Edmiston Jones

Business/retail floor space will be provided across the first-floor level and include two retail spaces with frontage to the Princes Highway and a restaurant located to the northern extent of the floor level. A common open space area is provided along the eastern boundary of the first floor with outdoor dining provided towards the north-eastern corner of the first floor. A service courtyard contains the back of house functions at the rear of the retail units.

Two (2) levels of car parking are provided on the basement level and ground floor. Ten (10) residential car spaces are located on the basement level with storage area for each unit, whilst ten (10) commercial/retail spaces are provided on the ground floor.

All servicing and loading will occur within a dedicated portion of the ground floor at the rear of the building. The proposal includes a truck turntable area to allow for onsite servicing and forward egress from the site. Waste collection will be onsite and serviced by a private contractor.

The site is serviced by mains water, reticulated sewer, gas and electricity. The increased intensity of use on site will necessitate appropriate augmentation to these utilities and subject to detailed design and further consultation with service providers. A Stormwater pipe and pit have been proposed on the north-eastern side of the site. No on-site detention (OSD) is required.

The proposal includes the removal of trees to the South Side of the intersection, in order to improve sightlines to the intersection. Landscaping is provided on the ground level of the building on the South Street frontage and in the terraces for each unit.

Diagram, engineering drawing

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Figure 4 – Site Layout – extract from site plan prepared by Edmiston Jones

Figure 5 – East and West Elevations, extract from plan prepared by Edmiston Jones

Figure 6 – North and South Elevations, extract form plan prepared by Edmiston Jones

Subject Land

The site is described as Lot 6 in DP 535004 at 127 Princes Highway, Ulladulla.

Site & Context

The subject site has an approximate 50m frontage to Princes Highway and 20m to South Street and:

· contains (5) retail shops in which (4) are currently occupied.

· is zoned B4 Mixed-Use

· is mapped with a maximum building height of 14m and 11m

· has a maximum FSR of 1.5:1

· is located in Ulladulla Town Centre.

· is located in an area which has a mixture of retail, commercial, and residential premises.

Significantly, the site has a steep fall from the SW corner to the NE corner of about 8m, is located on a busy intersection with a sewer main running parallel with and through the western boundary.

History

The proposal was the subject of pre-lodgement discussions which raised a number of issues notably, height, setbacks, car parking and access, waste and stormwater/sewer design.

The application was lodged on 4 August 2020. The first request for information was made on 27 August 2020, which raised a number of concerns including but not limited to design considerations.

Notification was undertaken during March 2021 and a request for additional information made on 5 May 2021. A response was received on 7 July 2021.

The application was renotified during July 2021.

A further request for information was made on 27 September 2021 with a revised scheme submitted on 22 December 2021. This revision resulted in a height reduction which achieved compliance with the height controls.

A further request for information was made follow receipt of referral responses. The applicant responded on 27 May 2022. The applicant provided revised BASIX Certificate, NatHers Certificate, driveway long section and stormwater design on 2 June 2022.

A detailed history is provided in Attachment 1 of the assessment report.

Issues

Several issues were addressed during the assessment of the application, notably the height of the development, steep nature of the site access and servicing arrangements. These are detailed in the attached section 4.15 planning assessment report. Key issues are summarised below.

Key issues

Height

The design was modified during the assessment. This resulted in the height being reduced to be compliant with the height limitation. The Illustration below shows the height plan relative to the development.

Engineering drawing

Description automatically generated with low confidence

Figure 7 – Illustration of Height Limitations relative to the proposal

Steep nature of the site

The site poses challenges with respect to footpath integration and access to the development. Plans were revised to show the building with a footpath along the frontage and a ‘flatter’ driveway. A long section confirms that suitable driveway gradients are achieved.

The car parking was amended to suit revised levels.

The development will be privately serviced. A garbage truck turntable is included.

Shoalhaven Water

The location of a sewer through the site presented design issues. Accordingly, it is recommended that details be provided (as a condition of consent) complying with Shoalhaven Water Sewerage specification.

Traffic

The intersection of South Street and Princes Highway has been identified for future signals. The proposal also involves the removal of trees on the corner. Transport for New South Wales (TfNSW) supports the removal of the trees to ensure clear visibility for vehicles exiting the car park and safety of ‘users’.

Planning Assessment

The DA has been assessed under s4.15 of the Environmental Planning and Assessment Act 1979 and a satisfactory conclusion reached. The DA was assessed by an independent consultant. Council has participated in a program referred to as the Regional Housing Flying Squad, initiated by the NSW State Government (Department of Planning and Environment).

The Planning Delivery Unit (PDU), which is facilitating the program, has engaged with a panel of planning consultants to conduct assessments for DAs for regional housing on behalf of councils.

Councils were asked to nominate DAs that deliver regional housing, through a formal Expression of Interest (EOI) process. This DA was one of several nominated. The PDU allocated consultants to selected DAs. The consultants have reported directly to council staff while conducting the assessments.

Once assessment reports are completed to the satisfaction of council, council or the relevant regional planning panel are expected to determine the DA.

Consultation and Community Engagement:

Nine (9) public submissions were received in relation to Council’s notification of the development. Nine (9) were objections to the development. Two (2) submissions were made representing one party. Another three (3) were made by the same individual.

The notifications were made in accordance with Council’s Community Consultation Policy with letters being sent within a Number 100m buffer of the site. The Ulladulla & Districts Community Forum Inc was formally notified.

There were two notifications undertaken: 10 March 2021 – 24 March 2021 with extension to 16 April 2021 and 14 July 2021 – 28 July 2021.

Key issues raised as a result of the notification are provided in the table below.

Summary of Public Submissions
Objection Raised	Comment
Setbacks issues	The proponent has provided the following response: The reference to SDCP Chapter S8 and the 5m setback is noted. Where development is unable to comply with the Acceptable Solution, an alternative solution must demonstrate compliance with the associated Performance Criteria and Objectives, as per section 11 of DCP Chapter 1. In this regard, a variation has been included with the revised SEE submitted. With respect to the concluding points made, it is not considered there is confusion over the labelling of awnings and balconies on the plans. The plans indicate the terraces, balconies, awnings correctly. The variation has been reviewed by Council and despite the proposal not conforming the DCP setback provisions applicable to the site under Chapter S8: Ulladulla Town Centre, the proposal remains consistent with the performance criteria and built form objectives of the DCP chapter. The site is located within a B4 Mixed Use zone and adjoins an existing retail development to the south and residential development to the west, which are both zoned B4 Mixed Use. For the proposed shop top housing the proposal includes a setback distance for between 1- 2m from the western boundary and a 1-3m setback from the southern boundary. All windows have been orientated so as not to directly overlook neighbouring properties with private open space and windows primarily orientated to the north and east of the site. In addition, landscaping has been proposed along terrace boundaries to providing additional screening to neighbouring properties. Whist views are affected, oblique views from the adjoining dwelling are maintained. With consideration of the above measures, and the urban centre context of the site, the proposal is considered to achieve a reasonable level of external and internal to residents and neighbouring properties.
Size of Lot. A submission stated that the site is too small and that it should be 2000 square metres as detailed in Section 5.1 of Chapter s8 (Ulladulla Town Centre) of the Shoalhaven Development Control Plan 2014.	The proponent has provided the following response: This section is irrelevant, as no subdivision is proposed. This section of the DCP relates to subdivision, and is intended to consolidate lots into larger lots to allow for subdivision into lots of at least 2000sqm. Further, this section states the consolidations is a ‘general principle’. The proposal does not relate to the subdivision of land and is not applicable in this instance. Section 5.1 is a specific subdivision of land control. Subdivision is not proposed. If it is, it is highly unlikely to be Torrens subdivision.
Architectural Roof Feature. A submission commented that the feature unreasonably dominated the design.	The proponent has provided the following response: The proposal has been revised with the roof features reduced in scale. The proposal presents as a well-proportioned and articulated building with design features to provide interest. The features are not overbearing and are of a relative scale to the building’s design. The design was also amended to bring the building height into compliance.
Landscape Area	The proponent has provided the following response: Similar to the setbacks, it is noted SDCP Chapter G14 is superseded chapter which is now consolidated into G13. Further, the relevant G13 section is, again, not relevant. This section instead relates to medium density development under section 5 of the DCP, which does not include shop top housing. Shop top housing is contained within section 6 of the DCP, which the application addresses. Therefore, the references to landscaping are irrelevant.
No BASIX report provided	The proponent provided revised BASIX Certificate & NATHERS Assessment on 2 June 2022.
Stormwater concept plan not adequate	The proponent has provided the following response: The stormwater concept plan is appropriate and adequate. The proponent provided revised stormwater plan on 2 June 2022. Council’s Engineer has confirmed the proposal is satisfactory and conditions of consent can be imposed.
Non-compliance with maximum building height	The proponent has provided the following response: The proposal has been revised and now complies with the Building Height limit. There is no lift overrun, it is contained within the roof form.
Traffic Flow and Management	The proponent has provided the following response: The proposal has amended its access and parking design. Parking and Traffic Consultants has addressed comments received by TFNSW and SCC. TfNSW and Council’s Development Engineers have reviewed the revised access and parking design with no objections subject to adherence of consent conditions. Note: TfNSW – Transport for NSW (formerly, Roads and Maritime Service and Roads and Traffic Authority).

Financial Implications:

If the proposal were to be refused, it is possible that the applicant could choose to pursue an appeal. An appeal in the Land and Environment Court of NSW, would have cost implications for Council.

Legal Implications

In the event of a refusal, Council would be required to seek legal advice and defend an appeal.

Summary and Conclusion

The proposal has received a satisfactory assessment under section 4.15 of the Environmental Planning and Assessment Act 1979 by an independent consultant. As a result, conditional approval is recommended. Draft conditions are attached to this report with the assessment.

Ordinary Meeting – Monday 27 June 2022

Page 1

CL22.284 RD21/1001 - 260 Mount Hay Rd (Priv) Broughton Vale - Lot 2 DP 4498

DA. No: RD21/1001/4

HPERM Ref: D22/218702

Department: Development Services

Approver: James Ruprai, Director - City Development

Attachments: 1. Section 8.2 Review of Reasons for Refusal Report (under separate cover) ⇨

2. Proposed Development Plans (as amended) ⇩

3. Report to the Development & Environment Committee - 13 July 2021 - DA20/1621 (under separate cover) ⇨

4. Council Legal Advice - s88E Instrument & Mount Hay Road (private) (Confidential - under separate cover)

5. Applicant's legal advice - Section 8.2 Review (under separate cover) ⇨

Description of Development (as amended): Proposed Camping Grounds and a Communal Camp Kitchen

Owner: Wayne Houghton

Applicant: Anthony Houghton c/o SET Consultants

Notification Dates: 11 November 2021 – 27 November 2021

No. of Submissions: 102 submissions by way of objection, including one (1) legal advice from objectors received outside of the notification period.

Purpose / Reason for consideration by Council

This report is being submitted to the Ordinary Meeting given the legal requirement for a decision of Council to be reviewed by Council and not a delegate of Council.

On 13 July 2021, the Development & Environment Committee resolved (MIN 21.437):

“That Development Application DA20/1621 for primitive camping grounds comprising six (6) tent sites and a communal camp kitchen building at Lot 2 DP 4498, 260 Mount Hay Road (Private), Broughton Vale be refused having regard to the reasons contained in Attachment 2 of this report”.

The applicant lodged a section 8.2 Review of the Determination by Council to refuse to grant development consent. Therefore, the review of the determination must be reviewed by Council and not by a delegate of Council.

This review must be determined within 12 months of the determination of the original DA (being before 13 July 2022).

Recommendation

That Council confirm the determination of DA20/1621 for the refusal of Development Application No. DA20/1621 camping grounds comprising six (6) tent sites and a communal camp kitchen building for the reasons as outlined in this report.

Options

1. Not support the section 8.2 Review and reconfirm the refusal of DA20/1621.

Implications: The refusal as originally issued would stand.

2. Support the Section 8.2 review.

Implications: This will enable development consent to DA20/1621 to be issued. Conditions of consent would need to be drafted and a consent issued by Council before 13 July 2022. In this manner the Council would need to determine to approve the DA and delegate the drafting and issuance of the consent back to staff to meet the required timeframes.

3. Alternative recommendation.

Implications: Council will need to specify an alternative recommendation and advise staff accordingly.

Location Map

Figure 1 – Location Map – Site Context

Figure 2 – Location Map indicating the location of the proposed camping ground (approx.)

Background

Proposed Development (as amended)

This application is a formal review of the determination of DA20/1621 which was refused at Council’s Development and Environment Committee on 13 July 2021. The application proposed under the refused development application (DA), DA20/1621, was for “primitive camping grounds catering for a total of 12 guests, consisting of six (6) tent sites each provided with individual amenities.”

The proposal has been modified under this section 8.2 review application to be for the purpose of camping ground, as defined under Shoalhaven Local Environmental Plan (SLEP) 2014. Therefore, the description of the proposed development for consideration by Council is for, “Proposed Camp Ground including a communal camp kitchen”.

The applicant proposes the use and development of the site for a camping ground for a total of 12 guests, consisting of six (6) tent sites and a communal camp kitchen. The tent sites are proposed to be located on the north-western portion of the subject site (refer to Figure 2), with the proposal seeking consent for use of a 3ha area as a camping ground (noted in the plans at Attachment 2).

The cover letter submitted with the application states that, “Traditional portable lightweight temporary tents will be used to accommodate guests”. A camping ground, as characterised in the SLEP 2014 is defined as:

“an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.”

· Amenities & Onsite Effluent Disposal

The development as refused under DA20/1621 also provided each of the tent sites with permanent amenities and a timber platform for the tents. The platforms included ensuites and privacy screens with an outdoor bath placed on the deck. This formed a reason for the refusal of the DA (as detailed later in this report). The proposed application as sought under this section 8.2 Review application has removed this from the proposal and the cover letter submitted with the section 8.2 application states:

“Ensuite amenities will still be provided to guests, however they too will be portable and lightweight. The portable amenities will be stored in an existing storage shed located onsite [when not in use].”

The proposal intends to use temporary amenities as indicated in the submitted cover letter and reproduced below at Figure 3.

A picture containing tent, outdoor object

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Figure 3 – Extract of indicative images of ensuite amenities

The proposed development requires onsite effluent disposal, as reticulated sewer is not available to the subject site. The submitted details with the application has advised:

“the wastewater will be collected in a septic tank connected to soil absorption trenches. The camp kitchen and six service connection points will be provided (water and proposed onsite waste disposal). The services connection points will utilise valve systems to allow the temporary amenities to be connected and disconnected when not in use” (Cover letter, SET Consultants, 29/10/21).

“For the toilet there will be a 100mm pipe out of the ground with a screwed cap for disconnect/reconnect. When not in use there will be a cap installed on both the septic and toilet ends. Before disconnecting it is recommended that the toilet be cleaned and flushed twice to ensure the pipes are clear. For the shower there will be a finishing collar and grate with gully which the shower water can drain to. As with the toilet when not in use a cap will be installed on both openings” (Email correspondence, Applicant, 27/5/2022).

· Camp Kitchen

A camp kitchen is provided centrally to the campground and is intended to provide amenities to be shared by guests staying at the camp ground, including an accessible bathroom, kitchen, dining area, along with a store room. The structure is designed with a secondary purpose as a refuge building in the event of a bushfire should evacuation of the site is not feasible.

The camp kitchen has a gross floor area (GFA) of 87m² (refer plans at Attachment 2), noting the outdoor deck areas do not for part of the GFA calculation.

The applicant has also submitted an updated Operational Plan of Management (POM) with the section 8.2 application, which sets out the management procedures for the safe and effective management of the proposed camping grounds.

It is noted that the grounds are to be staffed and managed by existing personnel who live at the subject site.

· Access driveway and parking

The site is accessed by a Right of Way (ROW) known as Mount Hay (private) Road. The site and several other allotments to the north of this site benefit from the ROW that burdens Lot 102 and Lot 103 DP 786955 which are located to the south, with Lot 102 adjoining at the southern boundary of the subject site. Mount Hay (private) Road comprises sections of Crown road reserve and Rights of Way through Lots 102 and 103.

The ROW that extends to the west from Mount Hay (private) Road is proposed to be used to access the camp site, with a 3m wide gravel track to be extended to the proposed camp kitchen (refer to Figure 6). The application states that the track location is currently used by maintenance vehicles (tractors, farm vehicles etc) to access the site.

The application as submitted under DA20/1621 also proposed items/works within Mount Hay (private) Road, including passing bays, traffic signs and tree trimming which were to be located within the Right of Way. This component of the proposal was proposed by the applicant in response to the Rural Fire Service (RFS) access requirements.

This has been removed from the subject section 8.2 Review application. It is however still required as a condition of consent by the RFS.

In relation to parking, each tent site is to be provided with one (1) vehicle parking space. A total of seven (7) onsite parking spaces are proposed and these are to be provided adjacent to the camp kitchen.

Subject Land

The development site is Lot 2 DP 4498 (260 Mount Hay Road (Private), Broughton Vale). Refer to Figure 1.

Site & Context

The development site:

§ Contains an existing tourist and visitor accommodation facility known as the Mt Hay Retreat. There are also a number of ancillary structures and dams on the site. There is scattered vegetation throughout the site, however, the area to be developed as part of this application is cleared.

§ Is zoned E3 Environmental Management. The items/works proposed within Mount Hay (private) Road is land zoned RU1 Primary Production and RU2 Rural Landscape.

§ Is 47.30ha in area.

§ Is identified as being partially bush fire prone land.

§ Has access via Mount Hay (private) Road.

§ Adjoins land zoned E3 Environmental Management, RU1 Primary Production and RU2 Rural Landscape (Figure 4).

Map

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Figure 4 – Zoning Extract

History

The following provides details on the DA and section 8.2 application for context:

§ Development Application No. DA20/1621 was lodged on 26 June 2020 as ‘Primitive camping grounds comprising six (6) tent sites and a communal camp kitchen building’.

§ Councillors called in the application due to public interest and concern on 1 September 2020 (MIN20.603).

§ At its meeting on 13 July 2021, the Development & Environment Committee refused the DA for the following reasons (MIN 21.437):

1. The development application does not meet the definition of camping ground and has not provide sufficient information to demonstrate the development meets the planning requirements of tourist and visitor accommodation (Section 4.15(1)(a)(i) of Environmental Planning and Assessment Act, 1979.)

2. The development application has not been made with the consent of relevant landowners in relation to the items/works proposed within Mount Hay (private) Road, in accordance with clause 49(1) of Environmental Planning and Assessment Regulation 2000. (Section 4.15(1)(a)(iv) of Environmental Planning and Assessment Act, 1979.)

3. Having regard to the number of submissions received objecting to the proposal and the issues raised, it is considered that the site is not suitable for the proposed development and approval would not be in the public interest. (Section 4.15(1)(d) of Environmental Planning and Assessment Act, 1979.)

4. Having regard to the issue of owner’s consent, the granting of development consent is not considered to be in the public interest. (Section 4.15(1)(e) of Environmental Planning and Assessment Act, 1979.)

§ On 9 November 2021 the applicant lodged the subject section 8.2 Review application.

§ Additional information was requested on two occasions for the subject DA, once being 30 November 2022 to respond to the submissions received and once on 31 May 2022 to provide an updated Operational Management Plan to reflect the amended proposal as a camping ground. This information was responded to on 24 January 2022 and 3 June 2022 respectively.

Issues

Section 8.3(3) – Substantially the same Development

As outlined in the attached Planning Report (Attachment 1), section 8.3(3) of the EP&A Act states that:

“In requesting a review, the applicant may amend the proposed development the subject of the original application for development consent or for modification of development consent. The consent authority may review the matter having regard to the amended development, but only if it is satisfied that it is substantially the same development”. (emphasis added)

The development as amended has removed the works to the proposed access road from the application, however the intensification of the road is an essential item to be addressed prior to the operation of the DA for a camping ground per the terms of the right of way over Mount Hay Road (priv) as outlined in the legal advice obtained by Council (Attachment 3 – under separate cover – Confidential).

The need for upgrade works to the ROW in light of the intensification of the use of the site is an essential component of the development, and in removing the proposed upgrade works from the DA, it is not considered that the amended proposal is substantially the same development as that which was originally determined.

Accordingly, considering that Council can only review the matter having regard to the amended development if it is considered to be substantially the same development, it is considered that:

- The amended application is not capable of review under the subject section 8.2 review; and

- Accordingly, the original reasons for refusal are still relevant; and

- It is recommended that the original reasons for the refusal of the subject DA be confirmed.

Section 8.3(3) – Review of application as amended

Should Council be of an opinion that the development as amended is substantially the same as the original refused DA, the planning assessment at Attachment 1 concludes that of the four reasons for the refusal under DA20/1621, only reason 1 (being the permissibility and characterisation of the development as camping ground) would be satisfactorily addressed through the consideration of the amended plans.

Planning Assessment

The DA was previously assessed under s4.15 and not found to be capable of support. Council at its meeting of the Development & Environment Committee on 13 July 2021 resolved to refuse the DA.

The applicant has requested a review of the determination under section 8.2 of the EP&A Act. This review has found that the proposed development as amended is not considered substantially the same as the original development as determined, and accordingly the refusal of the original application is recommended to be upheld.

Further to this, should Council be of a mind to consider the application as modified is substantially the same development, Council still has no power to approve the subject application (as amended) due to the section 88E restriction over the right of way of Mount Hay Road (priv).

This restriction states that if the traffic generation on the road were to increase as a result of further development on any lots that use the private road, that the owner of the subject site needs to apply to Council to ‘release, vary or modify the terms of the restriction’. This request has not been made, and further would require the owner’s consent of other benefiting land owners in order to be modified.

Additionally, as the proposed development has impact on this access road through intensification of the use (regardless of the proposal being modified to remove any works to the road), this would still require owners’ consent of the other land owners, which has not been provided.

Accordingly, the refusal of the application is considered to be warranted and Council is recommended to uphold the refusal of DA20/1621 for the reasons outlined in the original Notice of Determination.

Consultation and Community Engagement

Notification was undertaken in accordance with Council’s Community Consultation Policy with letters being sent within a 200m buffer of the site and the Community Consultation Bodies and Chambers of Commerce notified (being the Berry Forum and Berry Chamber of Commerce). The notification period was for a 14 day period from 29 July 2020 to 13 August 2020 for the original application and 11 November 2021 to 27 November 2021 for the section 8.2 Review of Determination.

One hundred and fifty-eight (158) public submissions were received in relation to Council’s notification during the assessment of the original DA. 102 public objections from 98 households were received to the section 8.2 application notification period, including an objection from the Berry Forum and legal advice prepared by Barker Ryan Stewart (BRS) on behalf of the owners of 291a Mount Hay Road Broughton Vale.

It is noted that eleven (11) of the objections were redacted for the purpose of publication on DA Tracker due to the contents including perceived defamatory or disparaging comments. The redaction did not affect the intent or issues raised in the objections and have been read in full by staff making the assessment of this application.

It is further noted that of the 100 submissions from the public (i.e., excluding the Berry Forum and BRS submission), 45 submissions reference the Berry Forum and indicate their agreement with the concerns and objections raised in that submission.

A full assessment of the submissions received to the development as amended is included at Attachment 1.

Financial Implications

There are potential cost implications for Council in the event of a refusal of the application. Such costs would be associated with defending an appeal in the Land and Environment Court of NSW.

Legal Implications

An applicant who is dissatisfied with the determination of the original determination to refuse the Development Application or any determination of the section 8.2 Review of Determination by the Council may also appeal to the Court against the determination pursuant to section 8.7 of the EP&A Act.

Applicants can choose to do both, setting aside the Appeal pending resolution of the section 8.2 Review, noting there are strict time limitations with respect to lodging an appeal.

Summary and Conclusion

Having regard to the section 8.2 Review of Determination, the proposal as recommended for refusal under DA20/1621 remains relevant. Accordingly, per section 8.4 of the EP&A Act, after conducting the review of the determination it is recommended that Council confirm the determination of refusal.

Ordinary Meeting – Monday 27 June 2022

Page 1

CL22.286 Open Space Master Planning - Prioritising the Way Forward

HPERM Ref: D22/211194

Department: Community Planning & Projects

Approver: Michael Paine, Manager - Community Connections

Reason for Report

To seek Council’s endorsement on the way forward regarding the prioritisation of upcoming Master Plans for Council owned or managed parks, active and passive open space, or sports grounds and reserves.

Recommendation

That Council;

1. Adopt the following priority list of Master Plans for Council owned or managed land for upcoming budget expenditure:

a. Parramatta Park, Nowra

b. Rannoch Reserve, West Nowra

c. Crest Park, North Nowra

d. Edwards Avenue Reserve, Bomaderry

e. Depot Farm, West Nowra

f. Greenwell Point Foreshore Reserve

g. Francis Ryan Reserve, Sanctuary Point

h. Culburra Beach Community Centre

i. Wool Lane Sporting Complex, Sanctuary Point

2. Receive a future workshop and report at the completion of the above Master Plans, to re-prioritise other additional Master Plans that remain outstanding

Options

1. Adopt the recommendation

Implications: A priority list of Master Plans will allow Council Officers to systematically deliver Master Planning projects across the city. A Council approved Master Planning list will provide Council with an understanding on the timing and resources associated with delivering a Master Plan for parks and reserves.

2. Adopt the recommendation with amendment

Implications: As advised by Council.

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

Implications: This would not provide a strategic direction on the delivery of Master Plans for Council owned and managed parks and reserves. Council would not have an adopted way forward in the prioritisation and scheduling of Master Plans for parks and reserves. The absence of a priority list may allow other future Master Plans to take the place of other high priority areas without justification.

Background

Creating a Master Plan for Council owned, or managed public open space provides direction for how a particular area can develop into the future. Master Plans are a high-level strategic plan, intended to set out objectives and strategies to manage development and change over time. The Master Planning process defines what is important about a place and how its character and quality can be conserved, improved, and enhanced to meet the current and future needs of users, the community, and relevant stakeholders.

Master Plans assist Council in determining upcoming work programs and financial plans and are beneficial for grant funding applications, allowing a streamlined process that can aid staff and the future strategic direction of Council. In a best-case scenario, Master Planning is completed before any significant project works or capital investment is delivered. Master Planning is the first stage of progressing a project to ‘shovel ready’.

The Social Infrastructure Planning (SIP) team have a list of Master Plans to be completed on their work program. These Master Plans have been requested or nominated through the following sources:

· Identified through the Community Infrastructure Strategic Plan

· Identified through the Park Hierarchy, a classification of park infrastructure based on the economic and community value of a park

· Notice of Motions

· Community request for Master Plans

· Competing community interest for projects on a specific site.

In order to prioritise the work program within the SIP team, a proposed Master Plan Priority List was reported to Council at the Ordinary Meeting on 21 February 2022. As a result of the meeting, Council resolved (MIN22.135):

That Council:

1. Consider an annual recurrent funding request of $300,000 +CPI within the City Lifestyles budget to facilitate the development and completion of Master Plans for Council owned or managed parks and reserves (as proposed in Table 1).

2. Hold a Workshop for Councillors to determine priorities for the completion of Master Plans.

In accordance with the above resolution, a workshop with the Councillors was arranged.

Councillor Workshop - Master Plan Priority List

On Thursday 19 May 2022, a workshop was held at the Councillor Briefings in order to prioritise the delivery of outstanding Master Plans.

The SIP team presented the list of outstanding Master Plans on their work program, which are provided below in alphabetical order:

· Barker Reserve, Burrill Lake

· Callala Bay Sports Park, Callala Bay

· Culburra Beach Community Centre, Culburra Beach

· Edwards Avenue Reserve, Bomaderry

· Elliott Reserve, Currarong

· Francis Ryan Reserve, Sanctuary Point

· Greenwell Point Foreshore Reserve, Greenwell Point

· Greys Beach, North Nowra

· Harry Sawkins Park, Nowra

· Huskisson Foreshore Precinct, Huskisson

· Huskisson Sportsground, Huskisson

· Mollymook Beach Reserve, Mollymook

· Plantation Point Reserve, Vincentia

· Ulladulla Foreshore and Apex Park, Ulladulla

· Wool Lane Sporting Complex, Sanctuary Point

This list was provided to Councillors for discussion, debate, and potential reprioritisation.

Councillors expressed their intent to prioritise the Master Planning of sites where there is a high level of community need and gaps in the provision of social infrastructure. Councillors proposed additional sites where a completed Master Plan would provide a high benefit to the community.

As a result of the workshop, the prioritisation of upcoming Master Plans was completed and provided below in Table 1.

Masterplan	Categorisation	Priority
Parramatta Park, Nowra	District Recreation Park	1
Rannoch Drive Reserve, West Nowra	Local Recreation Park	2
Crest Park, North Nowra	Local Recreation Park	3
Edwards Avenue Reserve, Bomaderry	Local Recreation Park	4
Depot Farm, West Nowra	Local Recreation Park	5
Greenwell Point Foreshore Reserve	District Recreation Park	6
Francis Ryan Reserve, Sanctuary Point	District Sports Park	7
Culburra Beach Community Centre	Local Community Centre	8
Wool Lane Sporting Complex, Sanctuary Point	District Sports Park	9

Table 1 – Master Plan Priority List

The above priority list excludes the following Master Plans that were initially workshopped:

· Barker Reserve, Burrill Lake

· Callala Bay Sports Park, Callala Bay

· Elliott Reserve, Currarong

· Greys Beach, North Nowra

· Harry Sawkins Park, Nowra

· Huskisson Foreshore Precinct, Huskisson

· Huskisson Sportsground, Huskisson

· Mollymook Beach Reserve, Mollymook

· Plantation Point Reserve, Vincentia

· Ulladulla Foreshore and Apex Park, Ulladulla

Councillors expressed their intention that at the completion of the above priority list, the outstanding Master Plans are reported back to Council to determine a revised priority list, to reflect the community need at that time.

Councillors also expressed their intention to hold off on delivering significant infrastructure upgrades to other Council owned/managed land until a Master Plan has been completed. This will allow Council to focus on sites that have an endorsed Master Plan and the strategic future direction for the site is known.

Impacts to outstanding projects

Pending Council’s resolution, excluding and delaying the master planning of other sites will impact some identified projects that have been raised via notice of motions or resolutions. The impacts are covered in the table below. This is based off the Master Plans that are excluded from the proposed priority list.

Location

Minute

Resolution

Comment

Mollymook Beach Reserve

MIN21.310

That Council:

1. Make safe, and program the upgrade of the Mollymook Foreshore Reserve on the water’s edge immediately east of the Mollymook Surf Lifesaving Club.

2. Seek grant funding to complete the project.

3. Give high priority to the completion of Stage 2

The safety improvement adjacent to the surf club are complete.

Partial completion of stage 2 will be addressed during upcoming coastal protection works. The remainder of stage 2 works will be outstanding until a master plan is completed

Barker Reserve, Burrill Lake

MIN20.754

That Council (in part):

3. Provide advice and assistance to the Burrill Lake Action Group, Burrill Lake Community Association and Burrill Lake Community to prepare a community driven masterplan for Barker Reserve that is consistent with the core objectives of the Park category, the Community Infrastructure Strategic Plan and the Plan of Management.

Council staff will not be able to contribute funding or resources to this project. All works will require to be community driven.

Next Steps

Pending Council’s resolution and funding submissions being approved, the SIP team will commence to deliver the proposed Master Planning Priority List.

Council’s approval of this priority list of Master Plans will provide the framework for the SIP Team to prepare budget submissions to deliver the improvements and infrastructure identified in the adopted Master Plans in the forward budget out years.

With the allocation of funding, staff can progressively and systematically commence the Master Planning process for the active and passive open spaces noted in Table 1. This places Council in a much stronger position to secure external funding through grant funding applications as it provides a strategic approach, rigour in the planning process, and that community engagement and consultation have been undertaken.

It should be noted that funding bodies are now requesting copies of endorsed Master Plans for grants funding community infrastructure. Having an endorsed Master Plan for a site would increase the chances of attracting grant funding to deliver community infrastructure.

It is proposed to review the priority schedule of Master Plan at the completion of projects listed in Table 1 and re-submit to Council to inform the work program for the upcoming financial years and assist in allocation of resources. This will also allow for new and emerging priorities to be considered along with any Council resolutions.

Community Engagement

All Master Plans involve significant community engagement. The engagement method is designed to suit the site that is being planned but at a minimum would include:

· Consultation with internal staff, external users of a site, advisory committees, Local Aboriginal Land Councils, Councillors, and the general public through a number of platforms

· Development of a Get Involved page on Council website

· Community Survey

· Public exhibition of draft Master Plan

A community engagement plan will be prepared at the inception of each Master Planning project.

Financial Implications

A simple Master Plan costs approximately $50,000 but could be over $100,000 depending on the complexity of the site. The SIP team has the capacity to manage 3 to 4 Master Plans being delivered by consultants each financial year.

Based on the list on Table 1, it is anticipated that there will be a requirement of approximately $250,000 - $300,000 indexed each year to complete the nominated Master Plans.

Risk Implications

An endorsed priority list with allocated funding will enable Council to be better prepared for grant funding opportunities, and well placed to deliver and achieve its strategic direction and meet community expectations for the future planning of its public open spaces.

Approving and funding a prioritised list of Master Plans also supports a transparent and systematic approach for the development and completion of Master Planning for the various locations across the City.

Ordinary Meeting – Monday 27 June 2022

Page 1

CL22.287 Crown Land Plans of Management - Outstanding Showgrounds - Progress to Public Exhibition

HPERM Ref: D22/189809

Department: Community Planning & Projects

Approver: Michael Paine, Manager - Community Connections

Attachments: 1. Kangaroo Valley Showground Draft Plan of Management (under separate cover) ⇨

2. Milton Showground Draft Plan of Management (under separate cover) ⇨

3. Berry Showground Draft Plan of Management (under separate cover) ⇨

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 and Environment (DPE).

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 DPE.

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 DPE.

Recommendation

That Council:

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

a. Kangaroo Valley Showground draft Plan of Management

b. Berry Showground draft Plan of Management

c. Milton Showground draft Plan of Management

2. 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 to receive a report of the outcomes of the public exhibition period prior to adoption.

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

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

a. Kangaroo Valley Showground Plan of Management (D13/164176)

b. Berry Showground Plan of Management (D11/116100)

c. Milton Showground Plan of Management (D11/116086)

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.

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

In February 2021, three new templates were released by the DPE. These templates requested significantly more detail. 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.

Another process that must be factored into the timeline for preparation of a draft PoM is the requirement to receive Native Title Manager advice.

In Mid-2021, the deadline for PoM submission under the Crown Land Management Act 2016 was removed. This was based on feedback from NSW councils and considered factors such as COVID, natural disasters and bushfires.

Given the removal of the PoM submission deadline, Council has continued to commence the draft PoMs for the Kangaroo Valley, Berry, and Milton Showgrounds.

Process

The legislation requires that the preparation of PoMs 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 a Generic or Site-Specific PoM for their land. Council’s City Lifestyles Directorate have prepared the following Site-Specific Plans of Management for the Kangaroo Valley, Berry, and Milton Showgrounds.

Site Specific Plans of Management

Showgrounds host a lot of different activities and may have a variety of buildings and other structures including grandstands, arenas, racetracks, pavilions, parking areas, amenities blocks and sheds. Usage can range from small to large groups of regular, low-key users, to major events attracting thousands of visitors. Site Specific PoMs have been prepared for a number of Crown Reserves. This report is seeking Council’s resolution on the following draft PoMs:

· Kangaroo Valley Showground

· Milton Showground

· Berry Showground

The above draft PoMs have been prepared and are currently with Council’s Native Title Manager for advice. Subject to advice from this review these are ready to be submitted to the DPE and subject to consent of the DPE, the draft PoMs can be placed on public exhibition. The numbers on some of the images relate to a table of land parcels in the PoMs.

Kangaroo Valley Showground Plan of Management

The site-specific PoM has been prepared due to various uses of the land and as an update to the previous Kangaroo Valley Showground PoM. The PoM has been prepared by Council staff. The PoM for the site will guide a future master plan and support future investment in the Showground.

The draft Kangaroo Valley Showground Plan of Management can be viewed in Attachment 1.

Map

Description automatically generated

Milton Showground Plan of Management

The site-specific PoM has been prepared due to various uses of the land and as an update to the previous Milton Showground PoM. The PoM has been prepared by Council staff. The PoM for the site will guide a future master plan and support future investment in the Showground.

The draft Milton Showground Plan of Management can be viewed in Attachment 2.

Map

Description automatically generated

Berry Showground Plan of Management

The site-specific PoM has been prepared due to multiple uses of the land and as an update to the previous Berry Showground PoM. Council staff, in coordination with the Management Committee and Gondwana Consulting, have also been in the process of preparing a Master Plan for the site that will follow the PoM. The Master Plan for the site, in line with the PoM, will guide future use and investment at the Showground.

The draft Berry Showground Plan of Management can be viewed in Attachment 3.

Next Steps

The draft PoMs for the Kangaroo Valley, Berry, and Milton Showgrounds are currently with Council’s Native Title Manager for advice. Once this step is concluded they are to be referred to the DPE.

Upon receipt of DPE 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.

Policy Implications

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

· Kangaroo Valley Showground Plan of Management

· Berry Showground Plan of Management

· Milton Showground plan of Management

Any future Master Plans for these sites will 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 PoMs included Masterplan or Landscape Plan elements, this may be adapted into standalone Master Plans without being tied to the legislative requirements of a PoM. However, there is likely to be a financial implication if new Master Plans are to be created for the above sites.

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 PoMs.

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 consultant who completed the work.

Ordinary Meeting – Monday 27 June 2022

Page 1

CL22.289 Disability Inclusion Action Plan 2022/26 - Public Exhibition Outcomes

HPERM Ref: D22/242900

Department: Community Connections

Approver: Sarah Taylor, Manager - Library Services

Attachments: 1. Disability Inclusion Action Plan 2022-2026 (With Amendments) (under separate cover) ⇨

2. DIAP Implementation Table Master ⇩

3. DIAP 2022-2026 Public Exhibition - Myositis Association submission ⇩

Reason for Report

The purpose of this report is to seek Council’s endorsement of the Disability Inclusion Action Plan 2022-2026. The report provides a summary of the public exhibition process undertaken from 14 May to 12 June 2022 and outlines Council’s response to these comments.

Recommendation

That Council:

1. Receive feedback provided by the community on the Draft Disability Inclusion Action Plan for information

2. Endorse the Disability Inclusion Action Plan 2022-2026 and supporting Implementation Plan with recommended amendments

3. Publish a copy of the endorsed Disability Inclusion Action Plan on Council’s website

4. Lodge a copy of the Plan to the NSW Disability Council prior to June 30, 2022

Options

1. To endorse the Disability Inclusion Action Plan 2022-2026

Implications: The Disability Inclusion Action Plan will be endorsed by 30 June 2022 as required by legislation.

2. Not endorse the recommendations and resolve to make changes to the Disability Inclusion Action Plan 2022-2026

Implications: Council would need to provide direction to staff in relation to any further amendments. There is a legislative requirement for the new Shoalhaven Disability Inclusion Action Plan to commence from 1 July 2022. If the Disability Inclusion Action Plan is not adopted at the Council meeting on 27^th June 2022, Council will not meet these requirements.

Background

The Shoalhaven Disability Inclusion Action Plan (DIAP) outlines Council’s strategy to remove barriers and ensure equitable access to infrastructure, services, employment, and opportunities and promote the rights of people living with a disability in the Shoalhaven.

Since 2017, the NSW Disability Inclusion Act 2014 has required NSW Local Governments to undertake disability inclusion action planning every four years and always have a DIAP in place. The Act requires Local Government organisations to review their plan before the end of the 4-year period. The review must involve a consultation process, evaluation and updated DIAP as outlined in the Act.

All NSW Local Government organisations were granted a 12-month extension due to the impacts of Covid-19, and as a result the current Shoalhaven Disability Inclusion Action Plan 2017-2021 expires in July 2022.

Shoalhaven DIAP Development

In 2021, Council’s Community Connections team commenced a review of the 2017-2021 DIAP and development of the new plan. Council engaged a consultant, The Flagstaff Group, and extensive community engagement was used to identify the priority areas for Council’s inclusion work over the next four years. Community Connections worked with teams across Council to develop actions that will address the identified priorities. By developing the actions with the teams who will deliver them, we could ensure that the actions reflect the expert knowledge and experience of Council’s teams.

The Shoalhaven Disability Inclusion Plan 2022-2026 represents Council’s commitment to integrating inclusion into our work, with the aim of ensuring that people living with disability have fair access to services and can participate in life in the Shoalhaven.

To reflect the four key outcome areas recommended across the state, the DIAP is structured into the following focus areas:

1. Create Positive Attitudes and Behaviours Within Community

2. Create Accessible and Liveable Communities

3. Improve Access to Our Systems and Processes

4. Support Access to Meaningful Employment

Across the four focus areas, the Shoalhaven DIAP 2022-2026 identifies 15 priorities and 43 actions that will be undertaken. These actions are set out in the attached DIAP document, with further details on implementation resourcing provided in the document’s Appendix 1.

The DIAP actions will be incorporated into the Integrated Planning and Reporting framework, and any actions that require additional funding outside of existing budgets will be integrated into Council’s Operational Plans between 2022 and 2026.

The DIAP also uses Council’s Annual Reports, required by the IP&R framework, to monitor and report annually on progress made in implementing the DIAP. This reporting informs the community on progress, and a copy is provided to NSW Disability Council to meet legislative requirements for DIAPs.

The Draft – Disability Inclusion Action Plan 2022-2026 – Public Exhibition Report (CL22.219) provided to Council at the Ordinary Meeting on 9 May 2022 resulted in the following resolution (MIN22.330):

That Council:

1. Endorse the Draft Disability Inclusion Action Plan 2022-2026 for the purpose of placing on Public Exhibition for a period of 28 days to seek further community feedback.

2. Receive a report on feedback from the community on the Draft Disability Inclusion Action Plan 2022-2026 following the 28 days public exhibition period.

3. Thank the community for their participation to date and invite further feedback during the public exhibition period.

This report includes an overview of the community engagement activities, outlines any recommended changes, and presents the final draft Disability Inclusion Action Plan 2022-2026 to be endorsed.

Public Exhibition

In accordance with the resolution of Council, the Draft Disability Inclusion Action Plan was placed on public exhibition from 11 May until 12 June 2022.

The focus of the engagement process was to inform the community about the revised DIAP and to seek feedback on the draft document. Submissions could be made to Council either via the online Get Involved page or via email or letter to Council.

A Community Engagement Plan was implemented to ensure people living with a disability, their families, carers, local business, service providers and people living in the Shoalhaven were given the opportunity to send feedback on the Draft DIAP.

A Get Involved Page was established, and community was asked the following questions:

· Overall, how happy are you with the Draft DIAP 2022-26?

· What would you like to change?

· Would you like to provide any additional feedback?

Information on the DIAP public exhibition, including the link to the Get Involved page where people could submit feedback, was shared across a range of networks including Community Consultative Bodies, Advisory Committees and Disability Service Providers across the Shoalhaven.

This was supported by the following communications and media:

· Four social media posts directing people to the Get Involved page were posted on Facebook, Instagram, Twitter, and LinkedIn

· A media release and news item outlining public exhibition information on how to make a submission and encouraging people to send their feedback was posted on Council’s website and provided to 126 local media network contacts

· ABC Illawarra hosted an interview on the DIAP Public Exhibition

· Three radio stations, including Power FM, I98FM Illawarra and 2ST mentioned the DIAP in their broadcasts

· Information on the public exhibition and link to the Get Involved page was included in the 2 June 2022 ‘In Your Neighbourhood’ Council Newsletter

In addition to the above, a workshop was held for the Inclusion and Access Group (IAAG) to ensure they were supported to provide feedback to the Draft DIAP. The group was asked the following questions: Overall, how happy are you with the Draft DIAP 2022-26?, How easy is it to read and understand?, What do you like the most?, What would you like to change?

Feedback from this workshop has been considered as part of the key themes outlined in the table below and has led to a number of amendments to the DIAP.

Summary of Submissions

Council’s DIAP Get Involved page received 154 unique page visits and resulted in 10 online submissions during the exhibition period of 11 May to 12 June 2022. Within these submissions there was a variety of feedback across multiple areas within the DIAP.

The Summary of Submissions, and Table 1 below outlines staff responses and recommended actions to the feedback received.

All submissions will receive email correspondence to thank people for taking the time to provide feedback on the Draft DIAP and Implementation Plan and will include staff responses and any subsequent actions relating to their submission following adoption of the final documents.

Table 1 - Submission items and recommended actions

Submission Theme	Community Feedback	Recommended Action
Positive Feedback	‘The activation of inclusion across recreational and public spaces is great. The inclusion of a disability specific design element is also great. I commend your efforts on actions incorporated to date to build a stronger inclusive and accessible Shoalhaven’ ‘Upon reading the document it is evident that a lot of thought has been done and many efforts are being made for the inclusion of those with a disability. I find that most people are always helpful within our community.’	Note comments & thank the community
Beach access	‘Correct names of beaches, there is no ramp at Barfleur beach in Vincentia, and why was a wheelchair ramp put on the roughest beach that has soft sand, which will not allow wheelchairs and where rough seas wash the sand out from underneath.’ ‘Need to make improved beach access a priority on the draft DIAP plan’ ‘Council needs to include improved beach and waterway access for people living with a disability/ elderly. This addition of a point 2.6 in Section 2: Create Accessible and Liveable Communities, page 21 of the Draft document should be a high priority.’ ‘For people with a pram or in a wheelchair to be able to get to the beach and enjoy our area is important please ensure this is included in your plans.’ ‘Shoalhaven needs to conduct a review of beach access, with a view to targeting those beaches that have most potential to providing access for people with disabilities. Existing topography should be considered - i.e., relatively short distance from accessible car parking, access points with small grades from car parking to beach, other features such as part access already in place (e.g., Callala Beach Rd access). In keeping with the current 100 beach challenge - a quantitative target should be set e.g., 10% or 15% of the 100 beaches to have improved beach access by 2026. An appropriate beginning point could be a survey of which beaches are currently regarded as most accessible (with or without assistance) by beach users with disabilities. And which beaches/waterways people would like to access if they could.’ ‘Considering that there are 100 beaches and numerous waterways in the Shoalhaven, our association believe that inclusive access to these areas is of vital importance and must be included in this policy. There is money regularly budgeted by council for inclusive / disabled foreshore access’	It is acknowledged that significant community feedback on this issue has been received. This feedback has been provided to the Coastal Management team. This means that accessibility at beaches will be considered as part of the development of the Coastal Management Plans and able to reflect the specific feedback and needs identified through those processes which will seek to balance community access and environmental management priorities.
Parks & Recreational Play	‘I think Council have missed the opportunity to make our recreational areas more inclusive such access ways to beaches and parks. This is not only for those with defined disabilities as we live in a community it’s of a large ageing population but also families with prams, etc. This has not been represented strongly enough if at all in this plan.’	Improved recreational play and parks is currently addressed in priority: 2.2 Increase access to inclusive parks that are designed to support use by people with disability.
Accessible Parking	‘I am now in the single person household. My disability is nowhere as serious as many others. I can walk and stand for only a short time or distance and require a support walker. The parking in Nowra main shopping centre is very difficult. On many occasions I have driven into Nowra and have had to return home because I was unable to find a parking spot close enough for me to walk to shopping precinct. so, the parking issue is high. For medical appointments I use the community bus, so that I have definite access to my medical appointments.’	Improved accessible parking is currently addressed in priority: 2.5 improve accessibility in the community. Action: 2.5.3 Support the inclusion and access advisory group to provide advice on accessible parking from the community to Council’s traffic committee
Disability Signage	‘I know that you are aware of the need for more allocated disability parking, but I would like to acknowledge that the signage for these spaces e.g., person in wheelchair is so very outdated. Not all disabilities are visible and not all disabilities require a wheelchair, that to me is not inclusive of all disabilities, the same signage is on specific allocated toilets also.’	The International Symbol of Access has been in place for over 50 years across more than 160 countries. To modify these designs within the Shoalhaven would create a lack of consistency and understanding of accessible locations.
Private Access	‘Access to businesses e.g., ramps. Although not a requirement for businesses to have this access, perhaps a rebate program from council to compensate those businesses wishing to make this access available that would be otherwise unable to afford to do it.’	A pilot program of this sort was run through a grant process in 2017/18 with limited uptake from businesses and landlords.
General Feedback	‘I am the National Secretary of the Myositis Association-Australia Inc and we have been collecting information regarding all aspects of facilities which would help make life easier for our members living in the Shoalhaven. These points could also apply to anyone with a disability.’ See Attachment 3 for full submission	Submission included legislative requirements for specific National Construction Codes & design considerations surrounding universal design principles. Acknowledge as feedback to better inform Council’s work.
Feedback outside of Council’s functional responsibilities.	‘My personal qualitative analysis of the 1000 Aboriginal people I work with, 17% live with a disability but due to cultural shameful practices will not register as an Indigenous person living with a disability on NDIS or with local Disability Providers.’ ‘There is also a lack of medical specialists visiting our region which means people are having to travel out of area for treatments, sometimes this isn't possible due to inability to sit in a vehicle for hours. Our area has lost too many visiting medical specialists over the last few years.’	Feedback will be provided to appropriate services.

Amendments

As part of the exhibition process some changes were identified and amendments made to the Draft DIAP and Implementation Plan. A number of these amendments were identified through the IAAG workshop. These amendments are outlined below:

The final draft Disability Inclusion Action Plan 2022-2026 and Implementation Plan are included as Attachment 1 and 2.

1. Amendment 1

Action 1.4.1 – Advocate for applicant businesses to address inclusion as part of the Shoalhaven business awards assessment

Change to:

1.4.1 Advocate for all applicant businesses to address inclusion as part of the Shoalhaven business awards assessment

2. Amendment 2

Action 2.5.1 – Review development controls in Shoalhaven DCP with a view to improving accessibility outcomes and implement amendments to Shoalhaven DCP with support from Council

Change to:

2.5.1 Review development controls in Shoalhaven DCP with a view to improving accessibility outcomes and implement amendments to Shoalhaven DCP with support from Council. This aims to improve availability and quality of accessible housing in the Shoalhaven in the long-term.

3. Amendment 3

Action 3.3.1 - Use the Procurement Policy review to improve consideration of social and sustainability outcomes in procurement processes

Change to:

3.3.1 Use the procurement policy review to improve consideration of social and sustainability outcomes in procurement processes. This aims to improve the ability of Council teams to consider social outcomes of potential suppliers, such as disability employment by social enterprises

4. Amendment 4

Focus Area 4 – Support Access to Meaningful Employment

Change to:

Focus Area 4 – Support Access to Meaningful Employment

The steps we will take – Council recognises the challenges of finding employment for people living with a disability. That is why Council have set a goal to remove those barriers when applying and working for Council, and to help Shoalhaven businesses improve employment opportunities for people living with a disability.

5. Amendment 5

Priority 4.1 – Provide an accessible recruitment and onboarding process for new employees

Change to:

Priority 4.1 – Provide an accessible recruitment and onboarding process for new Council employees

Community Engagement

To ensure the development of the DIAP met the needs of Council and the community, the Community Connections team and The Flagstaff Group undertook internal consultation with representatives from across the organisations prior to beginning external consultation.

This process ensured staff had an opportunity for input on future actions and responsibilities under the DIAP as adopted by Council. This process also set expectations for community consultations and requirements when developing the new DIAP.

The following internal consultation occurred:

· One-on-one conversations with the CEO and each Director to determine outcomes, challenges, threats, and opportunities for the review

· Staff workshop with 34 staff from across the organisation to determine inclusion aspirations within the organisation

· Management representatives from each of the five Directorates and Shoalhaven Water sat on the Project Control Group to support the action plan development

· Individual meetings with each department manager responsible for implementing actions to ensure future work aligned with the strategic direction and future planning for each department of Council

These internal consultations ensured that senior management, middle management, and operational staff from across the organisation had opportunity for input. This allowed development of a DIAP that has organisation-wide support from the earliest stage.

An extensive community engagement process was led by The Flagstaff Group and engaged with over 300 people, including:

· 120 people completed online survey

· 6 face-to-face community workshops

· 20 face-to-face individual meetings, including with Councillors

· 2 meetings with Federal and State MPs

· 9 meetings with disability service providers

· 14 disability employment providers consulted

· 5 representatives of Indigenous disability organisations

· 52 employees with disability from various organisations

· Community Consultative Bodies contacted, and one formal submission received

· Social media and media relations campaign including a Mayoral video and interviews

Council used a range of methods to engage with community to identify communities’ aspirations. These methods included:

· Electronic Direct Mail

· Production of Mayoral video for web and social media

· Social media stories and notices

· Creation of a Council Get Involved page

· Posters across Council facilities

· Direct invitation to partners in the not-for-profit disability sector

· Face-to-face drop-ins to Disability Employment Providers

· One-on-one telephone interviews to support people with disability

· Group sessions with providers and stakeholders across the City including Nowra, Bay and Basin (2), and Ulladulla

· Indigenous disability providers group

· Articles in Council’s newsletter “In Your Neighbourhood”

· Group session with Council staff

· Face-to-face interviews with Council’s Executive Leadership Team

· Face-to-face and phone interviews with Councillors

· Media releases

It should be noted that the delivery of community engagement and action planning was delayed due to NSW restrictions and staff absences due to Covid-19. These delays were used to offer an extended community engagement process and allowed for a greater action planning process with Council departments.

A wealth of community input and insights were provided by the extensive engagement. This was used to identify the priority areas for Council’s future inclusion work and used as the basis for developing actions that will be undertaken to address the identified priorities.

Policy Implications

The DIAP is a strategic document required by all public authorities, including Local Government organisations, under the NSW Disability Inclusion Act 2014. The Act states that all public authorities must always have a Disability Inclusion Action Plan in place and review the document every 4 years.

There are several standards set by relevant legislation, that are important to the development of a DIAP, these are:

· Disability Standards for Accessible Public Transport

· Disability Standards for Education

· Disability (Access to Premises - Buildings) Standards, 2010 (Premises Standards).

· Carers (Recognition) Act, 2010 (NSW)

· Web Accessibility National Transition Strategy, 2010 (Commonwealth)

· National Standards for Disability Services, revised 2013 (Commonwealth)

· Disability Services Standards, revised 2012 (NSW)

· Anti-Discrimination Act, 1977 (NSW)

· The Local Government Act, 1993

As a part of the review, Council have ensured all documentation developed complies with the above legislations and standards.

Financial Implications

The actions that make up the DIAP were developed with the Lead Teams, the teams who will deliver them. This ensures that the actions reflect the expert knowledge and experience of Council’s teams. It also allowed each Lead Team to identify the most suitable resourcing for implementation.

By working in this way, we are integrating inclusion into Council’s way of working and ongoing business planning. This includes:

· Improving how we carry out existing processes to be more inclusive

· Identifying grant funding available to deliver inclusion projects

· Recognising that many teams and projects across Council are already working to improve accessibility and inclusion

Each Lead Team responsible for delivering actions in the Shoalhaven DIAP 2022-26 has identified the resourcing that will be used to implement their actions. This is detailed in the attached Appendix 1 to the DIAP.

Of the 43 actions:

· 27 actions are not expected to incur costs

· 2 will be entirely funded by grants

· 14 actions will be delivered using budgets identified by the Lead Team, including 2 that will use also grant funding where available

There is no request for financial allocation for delivering the DIAP as the action costs are integrated into ongoing work planning processes across the organisation. Many actions are not expected to incur costs, and the remainder will make use of grant funds and/or budgets identified by the Lead Teams.

If additional funding is required to deliver any DIAP action, Lead Teams will use the established business processes for financial requests / funding considerations.

Risk Implications

The legislative requirements for local government in relation to preparing an updated DIAP are:

· NSW Councils to prepare a DIAP by 30 June 2022

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

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

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

· Council must review their DIAP every four years.

There is a reputational risk to Council if these legislative requirements are not met.

Conclusion

Following the consideration of the submissions received and the identification of the required changes, it is recommended that the final draft Disability Inclusion Action Plan 2022-2026 be endorsed by Council.

Directorate	Name	Designated Position Start Date	Returned
City Development	James Ruprai	14/02/2022	05/05/2022
City Futures	Carey McIntyre	04/04/2022	10/05/2022

No.	Submitter	Summary of Submission	Staff Comments
1	Allen Price & Scarratts	Supports the PP in its entirety.	Support noted. No change recommended.
2	Culburra Beach Progress Association	Requested an extension and that Council addresses the Association (or representatives from all CCBs) on the proposed changes. Subsequent correspondence noted that a meeting would not constitute community consultation due to the size of the Progress Association. Recommended that Council should arrange public community consultation meetings across the LGA and not rely on groups such as the CCBs to be the vehicle for community consultation on this matter of importance.	Feedback noted. No change recommended. Extension of time to comment granted until mid-April 2022. Staff confirmed availability to meet with the Association to discuss the proposal. The Progress Association resolved not to progress such a meeting. It is noted that this PP has been exhibited in the standard fashion and all CCBs were advised of the exhibition arrangements as a courtesy. It is not the intention that the CCBs will be the vehicle for community consultation.
3	WaterNSW	No objection to the proposal. Notes changes in Sydney Drinking Water SEPP to the Biodiversity and Conservation SEPP, and also the change in the former Ministerial Direction from Direction 5.2 to Direction 3.3. Both the Chapter 8 provisions of the new SEPP and the provisions of the new Direction apply to the same area and operate in the same way as before. It may be useful for the final Planning Proposal to note these changes.	No objection noted. No change recommended. Changes in the SEPPs (NSW Government SEPP consolidation reform) commenced on 1 March 2022, during the exhibition period of this PP. Changes to the PP for finalisation is not required, however the changes in the SEPPs and Ministerial Directions will be acknowledged in the Section 3.36 Planning Report that is provided to the NSW Department of Planning and Environment as part of the finalisation process of the PP.
4	Individual	Sees merit in the proposed amendments to clause 4.1A and 4.1B, however suggests that in relation to clause 4.1A, the remaining section of the lot should also have a minimum size dependent upon whether there will be one additional residence or two. Also raises concerns about overcrowding and resulting in vehicles/boats/caravans parking on the street. Two off street parking spaces are to be provided per dwelling.	No change recommended. It is considered that a minimum lot size provision in the LEP for the resulting lots is not required as there are already controls in the DCP that manage density, scale, landscaping, private open space and the like, which ultimately shapes the size of the resulting lots. This is, however, something that Council may wish to look at in the future if considered of value. The DCP requires car parking to be provided at a rate comparable to the size of the dwelling, as follows: · 1 space per one bedroom dwelling. · 1.5 spaces per two bedroom dwelling. · 2 spaces per dwelling containing three or more bedrooms. A change to the existing parking rates in the DCP is considered beyond the scope of this proposed LEP amendment, however it would be appropriate to consider as part of the Medium Density Review that is foreshadowed as part of MIN22.197 (28 March 2022).

Lessee	Egans Lane Pty Ltd PO Box 1120, Nowra, NSW, 2541 ACN: 650 203 848
Lessor	Shoalhaven City Council Administration Building 42 Bridge Road, Nowra, NSW, 2541 Tel: 02 4429 3111 Email: Council@shoalhaven.nsw.gov.au
Premises	That part of Lot J in DP39259 comprising the building, improvements and curtilage and located at Egans Lane, Nowra, NSW, 2541
Site area	Approx 60m²
Term	Three (3) years with an option for a further two (2) years
Rent	$6,300 plus GST per annum, payable six monthly in advance in equal instalments
Rent Review	Annually to CPI
Percentage of Outgoings	0%
Permitted Use	As a covered dining area for use as part of a café and restaurant operated by the Lessee on adjoining land.
Public Risk Insurance	Twenty million dollars ($20,000,000.00)
Security Deposit	The amount equivalent to three (3) months’ rent plus GST
Guarantor	Not applicable
Amount of Public Liability Insurance	A minimum of $20 million

Lot	DP	Area	Valuation	Classification/categorisation
35	1088614	427m²	See below	Community Land – Natural Area
36	1088614	434m²	See below	Community Land – Natural Area
37	1088614	438m²	See below	Community Land – Natural Area
38	22409	9241m²	See below	Community Land – Natural Area
Subtotal		10,540m²	$700,000
1	578303	84m²	$5,000	Operational Land
1	15507	690m²	$20,000	Operational Land
Grand Total		11,314m²	$725,000

Item 1	Premises	Part 23-25 Walton Way, Currarong comprising the building, improvements and curtilage Part Lot 22, DP16854
Item 2	Lessee	Currarong Arts and Crafts Incorporated 23-25 Walton Way, Currarong Contact Diana Perkins, President Email: dianaperkins@bigpond.com Tel: 0409 983844
Item 3	Lessor	Shoalhaven City Council Administration Building 42 Bridge Road, Nowra, NSW, 2541 Property Officer, Building Services Tel: 02 4429 3111 Email Council@shoalhaven.nsw.gov.au
Item 4	Permitted Use	Community meeting place, arts and crafts and tourism activities
Item 5	Term	Ten (10) Years
Item 6	Commencement Date	1 July 2022
Item 7	Termination Date	30 June 2032
Item 8	Option	Not applicable
Item 9	Rent	$510 plus GST per annum, payable annually in advance
Item 10	Rent Reviews	Annual cpi increases
Item 11	Outgoings	100% of the following outgoings which is related to your occupancy including; · Garbage disposal · Power, gas and internet · Water usage and sewerage costs
Item 12	Lessors Improvements	The Lessor owns all buildings, structures, and equipment on the Premises comprising of the ex RFS Station.
Item 13	Lessees Improvements	The Lessee owns the fit out within the building installed by the Lessee.
Item 14	Lessors Maintenance	The Lessor is responsible for structural works and the integrity of the building and site including roof repairs, replacement of fencing, and all costs associated with existing vegetation and clearing of the land. The Lessor will also undertake cleaning of the gutters, maintenance of any air conditioning units owned by Council and all fire services equipment.
Item 15	Lessees Maintenance	The Lessee is responsible for repairs, maintenance of the Premises including the Lessee’s Improvements, general lawn and garden maintenance of the cleared land only, and ensuring that the Premises are presented and accessible in a condition suitable to the use.
Item 16	Redecoration	Redecoration will include internal repainting of the premises where relevant, three months prior to expiry/vacation and ensuring that all maintenance obligations are undertaken.
Item 17	Makegood	Upon Licence expiry or vacation, the Lessee will vacate the Premises and hand back the Premises to the Lessor in a suitable condition taking into consideration redecoration and maintenance responsibilities.
Item 18	Public Risk Insurance	Twenty million dollars ($20,000,000) Lessor to be noted as interested party on the policy
Item 19	Bank Guarantee/Guarantor	Not applicable
Item 20	Documentation and preparation costs	External lease preparation costs to be shared by the Lessee/Lessor
Item 21	Interest	Not applicable
Item 22	Percentage of Rental Subsidy	Not applicable
Item 23	Land Classification	Community Land