Agenda of Extra Ordinary Meeting - Monday, 1 August 2022

Extra Ordinary Meeting

Meeting Date: Monday, 01 August, 2022

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

Time: 5.30pm

Membership (Quorum - 7)

All Councillors

Please note: The proceedings of this meeting (including presentations, deputations and debate) will be webcast and may be recorded and broadcast under the provisions of the Code of Meeting Practice. Your attendance at this meeting is taken as consent to the possibility that your image and/or voice may be recorded and broadcast to the public.

Shoalhaven City Council live streams it’s Ordinary Council Meetings and Extra Ordinary Meetings. These can be viewed at the following link

https://www.shoalhaven.nsw.gov.au/Council/Meetings/Stream-a-Council-Meeting.

Statement of Ethical Obligations

The Mayor and Councillors are reminded that they remain bound by the Oath/Affirmation of Office made at the start of the council term to undertake their civic duties in the best interests of the people of Shoalhaven City and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.

The Mayor and Councillors are also reminded of the requirement for disclosure of conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with the Code of Conduct and Code of Meeting Practice.

Agenda

1. Apologies / Leave of Absence

2. Declarations of Interest

3. Reports

City Performance

CL22.322..... Policy - Property Addressing & Road Naming............................................... 1

CL22.323..... Policies
1. Revenue - Overdue Interest Rate Policy
2. Revenue - Stormwater Management Policy
3. Sale of Land to Recover Unpaid Rates and Charges Policy
4. Jerberra Payment Relief Policy
5. Rates and Other Monies - Delegation of Authority to Write Off Policy.... 12

CL22.324..... Policy - Complaint Handling - Public Exhibition........................................... 38

CL22.325..... Policy - Asset Accounting Policy.................................................................. 57

CL22.326..... Policy - Related Party Disclosures............................................................... 79

CL22.327..... Policy - Investment Policy............................................................................ 90

CL22.328..... Policy - Acceptance of Tenders - Reports to Council Policy..................... 102

City Futures

CL22.329..... Policies - Small Lot Rural Subdivisions, Unpaid Rates/Charges (POL16/247) and Jerberra & Nebraska Estates Voluntary Acquisition (POL21/44)............. 103

CL22.330..... Policy - Coastal Areas Planning and Development (POL16/23)............... 119

CL22.331..... Policy and Current Application Consideration - Nowra CBD Contributions Discount Subsidy....................................................................................................... 120

CL22.332..... Policies - COVID-19 Contribution Discount Subsidy Policy and Development Adjoining Narrow Laneways Interim Policy................................................ 126

CL22.333..... Policy - Payment of Development Contributions and Section 64 Headworks Charges by Deferment or Instalments (under special circumstances)..................... 128

CL22.334..... Policy Review - Film and Photography Policy and River Festival Terms of Reference..................................................................................................................... 134

City Services

CL22.335..... Policy - Graffiti Management...................................................................... 148

City Development

CL22.336..... Policies - Demolition & Renovation of Buildings Containing Asbestos Policy, Swimming Pools and Barrier Inspection Policy and Home Modifications - Elderly and Injured Residents - Medical Requirements................................................ 154

CL22.337..... Policy - Vegetation Vandalism Prevention................................................. 171

CL22.338..... Policy – Flood Planning Levels for the Lower Shoalhaven River Floodplain 185

CL22.339..... Policy – Terms of Reference Northern / Central / Southern Coastal Management Program Advisory Committees and Floodplain Risk Management Committees 190

CL22.340..... Policy - Food Premises.............................................................................. 226

CL22.341..... Policies - Control and Eradication of Priority Weeds and Pesticide Use Notification Plan............................................................................................................. 278

Shoalhaven Water

CL22.342..... Policies - Shoalhaven Water Group - Round Six....................................... 294

Options

1. Adopt the recommendation as written.

Implications: The adopted Policies will be updated to include minor amendments which reflect Council’s position and process which is in line with the requirements and guidelines put forward by the NSW Geographical Names Board (GNB).

2. Not adopt the recommendation.

Implications: Council can request further details or make other changes.

Background

The Property Addressing and Road & Place Naming Policies have been reviewed in line with the updated NSW Addressing and Place Naming Policy and Guidelines.

The State Government created these Policies to clarify roles and responsibilities related to addressing and place naming as well as to streamline processes and ensure a consistent, quality and service-driven approach across NSW.

Administrative changes have been made to both Council policies to reflect updates to the NSW GNB Policies and manuals.

Property Addressing

Council is the authority on property addressing and under the guidelines of the NSW Address Policy and User Manual expected to pursue conformant numbering and support the practice of standardised addressing. This can be enforced through the provisions of the Local Government Act 1993.

This Policy was initially endorsed by Council in July 2014 and has been successful in defining the guidelines Council uses for property addressing.

The changes to this Policy were made to ensure that all NSW Addressing Policies and Guidelines and links to related documents were current.

Road & Place Naming

Under the Roads Act 1993 the Council of a Local Government area and the Roads and Maritime Service (RMS) are the road naming authorities. The GNB must also be notified of any new road names and has authority to assign names to places under the Geographical Names Act 1966.

This Policy was originally endorsed by Council in January 1974 and has been successful in defining the guidelines Council uses for any road naming proposals.

Changes to this Policy were made to ensure that all NSW Addressing Policies and Guidelines and links to related documents were current.

The Policy has also been updated to include Place Naming to reflect ownership of tasks and assist stakeholders to understand the application process. It is proposed to be renamed Road & Place Naming Policy.

Community Engagement

There is no statutory requirement to publicly exhibit any of the policies contained in this Report. Council may choose to do so should they consider any changes of significance.

Policy Implications

All policies included in this Report are proposed for reaffirmation as the nature of the changes are minor and therefore have no implications or deviation from the existing intent of the current approved Policies.

Financial Implications

Changes proposed to the Policies will have no financial implications to the current approved budget.

Risk Implications

There are no risk implications associated with this Report.

Extra Ordinary Meeting – Monday 01 August 2022

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CL22.323 Policies
1. Revenue - Overdue Interest Rate Policy
2. Revenue - Stormwater Management Policy
3. Sale of Land to Recover Unpaid Rates and Charges Policy
4. Jerberra Payment Relief Policy
5. Rates and Other Monies - Delegation of Authority to Write Off Policy

HPERM Ref: D22/215359

Department: Finance

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. DRAFT - Revenue - Overdue Interest Rate Policy - POL22/88 ⇩

2. DRAFT - Revenue - Stormwater Management Policy - POL20/13 ⇩

3. DRAFT - Sale of Land to Recover Unpaid Rates and Charges Policy - POL22/92 ⇩

4. DRAFT - Jerberra Payment Relief Policy - POL22/79 ⇩

5. DRAFT - Rates and Other Monies - Delegation of Authority to Write Off Policy - POL22/85 ⇩

Reason for Report

The attached Policies are presented for adoption. The Local Government Act requires that all Council policies should be reviewed within 12 months of an election of a new Council.

Recommendation

That Council adopt the following Policies:

1. Revenue – Overdue Interest Rate Policy

2. Revenue - Stormwater Management Policy

3. Sale of Land to Recover Unpaid Rates and Charges Policy

4. Jerberra Payment Relief Policy

5. Rates and Other Monies – Delegation of Authority to Write Off Policy

Options

1. Adopt the recommendation as written

Implications: Updated Policies will be adopted within the 12-month timeframe of a new elected Council

2. Not adopt the recommendation

Implications: Council can request further details, seek community input, or make other changes

Background

1. The Revenue – Overdue Interest Rate Policy was adopted by Council on 22 December 1992 and reaffirmed on 28 September 2004 and 23 April 2013.

This Policy is presented to Council with only minor changes to update the names of the responsible teams.

2. The Revenue – Stormwater Management Policy was adopted by Council on 19 January 2016 and reaffirmed on 30 April 2019.

This Policy is presented to Council with only minor changes to update the names of the responsible teams.

3. The Sale of Land to Recover Unpaid Rates and Charges Policy was adopted by Council on 24 September 2013 and amended on 15 August 2017.

This Policy is presented to Council with only minor changes to update the names of the responsible teams.

4. The Jerberra Payment Relief Policy was adopted by Council on 21 July 2015 and amended on 15 August 2017.

This Policy is presented to Council with only minor changes to update the names of the responsible teams.

5. The Rates and Other Monies – Delegation of Authority to Write Off Policy as adopted by Council on 7 February 1995 and was reaffirmed on 23 April 2013.

This Policy is presented to Council with minor changes:

i) Increase from $4,000 to $5,000 and above for which rates and charges may be written off only by resolution of Council.

ii) Increase from $4,000 to $5,000 and above for a debt, which may be written off only be resolution of Council.

iii) To update the names of the responsible teams.

Policy Implications

All Policies included in this Report are proposed for reaffirmation as the nature of the changes are minor and therefore have no implications or deviation from the existing intent of the current approved Policies.

Extra Ordinary Meeting – Monday 01 August 2022

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CL22.324 Policy - Complaint Handling - Public Exhibition

HPERM Ref: D22/248999

Department: Business Assurance & Risk

Group: City Performance

Attachments: 1. Draft Complaints Handling Policy ⇩

Recommendation

That Council

1. Endorse the Draft Complaint Handling Policy for public exhibition to obtain community feedback.

2. A report be provided at the completion of the exhibition period outlining the submissions received and provide a final Draft Complaint Handling Policy for adoption.

Background

The Complaints Policy & Procedures Policy is presented for adoption. The Local Government Act requires that all Council policies should be reviewed within 12 months of an election of a new Council.

A thorough review of the Policy & Procedures has been undertaken and the attachment to this report is a Draft Complaint Handling Policy document to replace the current policy.

The Draft Policy includes significant changes from the current policy document as it has been amended to reflect best practice Complaint Handling Practice outlined by the NSW Ombudsman. The draft policy has incorporated suggestions from staff and the Council’s Audit Risk and Improvement Committee.

The approach of separating the policy and procedure has been taken as the Council is required to have a robust and public policy document in this space and there needs to be sufficient detail in the procedures to assist staff with the practicalities of managing complaints, including information for internal reference only. Council’s Executive Management Team have separately considered and endorsed an Internal Complaints Handling Procedure.

The key components of the Complaints Handling Policy in addition to those outlined above are:

· clearer definition about what we consider a complaint under this policy as opposed to a request for service or action

· expanded organisational commitment detail

· clear policy direction on how we will handle complaints

· emphasis on frontline resolution of complaints reflecting our Customer Service Charter

· expanded definitions

· removal of internal references and direction to staff

· removal of detailed references to the National Competition Policy directives on Competitive Neutrality which were removed in the late 1990’s and for which the OLG has removed guidance documentation. Any investigation about pricing or competition will reference our fees and charges and procurement frameworks, related council policy and legislation depending on the topic.

· details of how we will monitor review and report complaints for continuous improvement.

· Attached ‘Individual Rights and Responsibilities for Parties to a Complaint’ setting out clear expectations.

· The content of the short outdated related Complaints Referral to the Community Justice Centre - Administrative Policy and Procedure POL12/247 has also been incorporated into the draft policy document and it is recommended that this policy now be rescinded.

The Complaint Handling Policy is a public document and relates to our service provision to the community, hence public exhibition is proposed to gauge community input prior to adoption by the elected Council. There is no legislative requirement for the draft policy to be publicly exhibited.

Policy Implications

Council’s Complaints Policy outlines the approach of the Council in responding to complaints. It relates to the Code of Conduct and Procedures and procedural documents.

A separate policy is currently being developed to outline how Council will deal with customers who are unreasonable towards Council staff or have make unreasonable demands on the Council, assisting the Council to follow guidance from the NSW Ombudsman in this regard.

Financial Implications

The amended Policy does not implement changes which impact on financing or resourcing of complaints management.

Risk Implications

The Council should hold a current complaints policy outlining clearly how we deal with complaints of wrongdoing by the Council and its officials. This policy provides a clear reference point for those who have identified wrongdoing and wish to bring it to the attention of Council to be addressed.

Extra Ordinary Meeting – Monday 01 August 2022

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CL22.326 Policy - Related Party Disclosures

HPERM Ref: D22/283170

Department: Finance

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. DRAFT - Policy on Related Party Disclosures ⇩

Reason for Report

Recommendation

That Council adopt the Related Party Disclosures Policy.

Options

1. Adopt the recommendations as written.

Implications: Updated Policies will be adopted within the 12-month timeframe of a new elected Council.

2. Not adopt the recommendations.

Implications: Council can request further details, seek further community input, or make other changes.

Background

The Related Party Disclosure Policy was adopted by Council on 28 November 2017 and has been reviewed in line with the Australian Accounting Standard AASB124 – Related Party Disclosures. The original Policy was prepared soon after the new accounting standard was released and at that time, no detailed guidelines were available.

In accordance with AASB124, we recommend the following adjustments to the member of Key Management Personnel (KMP).

Previously, Key Management Personnel included:

· The Mayor

· Councillors

· The General Manager

· Directors

· Section Managers

· Any person who fills an above role in an ‘acting’ capacity

Key Management Personnel have been amended to:

· The Mayor

· Councillors

· Chief Executive Officer

· Directors

· Any person who fills an above role in an ‘acting’ capacity

In accordance with AASB 124 Guidelines, Section Managers are not considered as Key Management Personnel.

The General Manager position is retitled to Chief Executive Officer.

Why Has It Changed?

The role of Section Managers (now referred to as Managers) does not extend to having the authority and responsibility for planning, directing, and controlling the activities of the Council itself. Managers carry out the day-to-day operations of the Council under the direction of its elected Councillors, Directors, and the Chief Executive Officer. It is the Councillors, Directors and the Chief Executive Officer who have the authority and responsibility for the decision-making.

After research of the best practice across NSW councils, including Wollongong, Woollahra, Shellharbour, Ryde, Parramatta, and North Sydney, we noted that other councils do not include Managers as KMP.

In order to simplify the Related Party Disclosure process, minimise administrative burden and maintain the accuracy of information, the above change is recommended to the Council for adoption.

Policy Implications

The Policy included in this Report is proposed for reaffirmation as the nature of the changes have been made in line with the AASB124 guidelines. The removal of Managers as Key Management Personnel has no implications or deviation from the existing intent of the current approved Policy.

Extra Ordinary Meeting – Monday 01 August 2022

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CL22.327 Policy - Investment Policy

HPERM Ref: D22/283208

Department: Finance

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Draft - Investment Policy ⇩

Reason for Report

The Investment Policy is presented for adoption. The Local Government Act requires that all Council policies should be reviewed within 12 months of an election of a new Council.

Recommendation

That Council adopt the Investment Policy.

Options

1. Adopt the recommendation as written.

Implications: Updated Policies will be adopted within the 12-month timeframe of a new elected Council.

2. Not adopt the recommendation.

Implications: Council can request further details, see further community input, or make other changes.

Background

The Investment Policy was first adopted by Council on 19 June 2001 and has been reviewed to comply with relevant legislation and regulations.

The Policy was amended in May 2021 to meet the covenants of the $45M loan funding obtained from TCorp. TCorp recently issued an amendment to the original loan agreement thus obligating Council to amend its Investment Policy.

Policy Implications

The TCorp Loan agreement amendment will necessitate minor changes to credit quality and counterparty limits. The total investment in the BBB+ to BBB category has been increased from 30% to 35%. The credit quality categories are based on the Standard & Poor’s (S&P)/Moody’s long-term rating. However, the BBB category now carries a sub limit of 15%. Additionally, BBB- and below have been reduced from 5% to 0%.

Some other minor editorial changes were made to the Policy.

Financial Implications

Potentially higher returns will be foregone by being unable to invest in the lower rated institutions which offer a rate premium in comparison to BBB and higher. Under the current Policy and with total investments approximately $200M, Council would forego investment returns of between $5,000 and $20,000 per annum depending on the rate premiums available on a $10M security (which is 5% of our current portfolio).

Risk Implications

The amended Policy will reduce risk as investments in the BBB- and below categories will no longer be undertaken.

Extra Ordinary Meeting – Monday 01 August 2022

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CL22.329 Policies - Small Lot Rural Subdivisions, Unpaid Rates/Charges (POL16/247) and Jerberra & Nebraska Estates Voluntary Acquisition (POL21/44)

HPERM Ref: D22/251604

Department: Strategic Planning

Approver: Carey McIntyre, Director - City Futures

Attachments: 1. Proposed Rates - Small Lot Rural Subdivisions - Dealing with Unpaid Rates & Charges Policy ⇩

2. Proposed Voluntary Acquisition - Residual C2 Environmental Conservation ~ Jerberra & Nebraska Estates Policy ⇩

Reason for Report

The reason for this report is to enable reconsideration of the following Policies:

· Rates (Small Lot Rural Subdivisions) Dealing with Unpaid Rates & Charges Policy -POL16/247.

· Voluntary Acquisition (Residual C2 Environmental Conservation Land) Jerberra & Nebraska Estates Policy - POL21/44.

It is noted all Public Policies are to be submitted to Council within 12 months of the election of Council for consideration.

Recommendation

That Council:

1. Reaffirm the Rates (Small Lot Rural Subdivisions) Dealing with Unpaid Rates & Charges Policy POL16/247 and Voluntary Acquisition (Residual C2 Environmental Conservation Land) Jerberra & Nebraska Estates Policy POL21/44, with the changes outlined in Attachment 1 and 2.

2. Update the hyperlinks to the related policies referred to within the Voluntary Acquisition (Residual C2 Environmental Conservation Land) Jerberra & Nebraska Estates Policy if required, following the related reaffirmation process of those policies.

Options

1. As recommended.

Implications: This option will see the reaffirmation of POL16/247 and POL21/44 which is the preferred option as the content of the policies remains contemporary. This process will also allow for the relevant Council Directorate names to be updated in POL16/247. The process also allows for the streamlining of references to related policies mentioned in POL21/44.

2. An alternative recommendation.

Implications: Will depend on the extent of any changes/approaches.

Background

The following background is provided in relation to the policies that both relate to ‘small lot rural submissions’

Rates (Small Lot Rural Subdivisions) Dealing with Unpaid Rates & Charges Policy POL16/247

The Rates (Small Lot Rural Subdivisions) Dealing with Unpaid Rates & Charges Policy was adopted by Council on 27 February 2007 and reaffirmed in 2017. It sets a policy position for the transfer of land in lieu of unpaid rates relating to small lot rural subdivisions (i.e., paper subdivisions) across the City, including the Jerberra and Verons Estates.

The content of the Policy is considered contemporary, functions as needed and as such, further policy adjustment is not considered necessary at this stage. Only minor changes are recommended to the Policy to reflect the current Council structure, as outlined in Attachment 1.

Voluntary Acquisition (Residual C2 Environmental Conservation Land) Jerberra & Nebraska Estates Policy POL21/44

The Voluntary Acquisition (Residual C2 Environmental Conservation Land) Jerberra & Nebraska Estates Policy was adopted on 5 October 2021 following detailed engagement with Council and consultation with landowners. The Policy outlines eligibility and the process for the voluntary acquisition of certain land that is or is likely to be zoned C2 Environmental Conservation in the Jerberra Estate, Tomerong and the Nebraska Estate, St Georges Basin.

The content of the Policy is considered contemporary as it was adopted in late 2021, and as such, further policy adjustment is not considered necessary at this stage. Only minor changes are recommended to remove policy numbers to avoid the need to amend the policy in the future, in this regard. These minor changes are outlined in Attachment 2. The hyperlinks to the related policies may also need to be updated following the related reaffirmation process of those policies.

Community Engagement

No community engagement is required as part of the reaffirmation process.

Extra Ordinary Meeting – Monday 01 August 2022

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CL22.330 Policy - Coastal Areas Planning and Development (POL16/23)

HPERM Ref: D22/251624

Department: Strategic Planning

Approver: Carey McIntyre, Director - City Futures

Reason for Report

The reason for this report is to enable reconsideration of Coastal Areas Planning and Development Policy (POL16/23), noting that all Public Policies are to be submitted to Council within 12 months of the election of Council for consideration.

Recommendation

That Council rescind the Coastal Areas Planning and Development Policy (POL16/237).

Options

1. As recommended.

Implications: The Policy would be rescinded, recognising that its contents are now addressed in a range of legislation and policy documents.

2. An alternative recommendation.

Implications: Will depend on the extent of any changes/approaches.

Background

The current Coastal Areas Planning and Development Policy sets out a range of provisions and implementation strategies to mitigate against the loss of public amenity and the aesthetic and environmental impacts of development in the City’s coastal locations.

The Policy was first adopted in 1990 and has been reaffirmed through time and most recently in 2017.

Over the last 32 years, the provisions within the Policy have generally all be incorporated into the Shoalhaven LEP 2014 and Shoalhaven DCP 2014. Further, existing state legislation (e.g., Coastal Management Act 2016 and State Environmental Planning Policy (Resilience and Hazards) 2021) and Ministerial Planning Directions also seek to shape appropriate development in coastal areas at the rezoning and assessment stages of development.

As such, there is considered to be no value in retaining the Coastal Areas Planning and Development Policy into the future.

Community Engagement

No community engagement is required as part of the rescission process.

Policy Implications

As the content of the Policy is addressed in a range of Council and NSW Government legislation and policy, there are no anticipated policy implications associated with the proposed rescission.

Extra Ordinary Meeting – Monday 01 August 2022

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CL22.331 Policy and Current Application Consideration - Nowra CBD Contributions Discount Subsidy

HPERM Ref: D22/256366

Department: Strategic Planning

Approver: Carey McIntyre, Director - City Futures

Reason for Report

The purpose of this report is to enable reconsideration of POL17/69 and also an application that has been received under the current Policy.

It should be noted all Public Policies are to be submitted to Council within 12 months of the election of Council for consideration.

Recommendation

That Council:

1. Rescind the Nowra CBD Contributions Discount Subsidy Policy (POL17/69).

2. Pay $20,399.00 (or as otherwise budgeted in the final Delivery Program and Operational Plan) of the eligible Subsidy amount ($41,957.96) relating to 2 Lawrence Avenue, Nowra immediately (2022/23 Budget), with future payment of the remaining balance subject to a funding allocation being identified in the quarterly budget review process.

3. Advise the following of this decision; the applicant of the 2 Lawrence Avenue, Nowra subsidy request, Nowra CBD Revitalisation Committee, Nowra CBD Business Chamber, and the Shoalhaven Business Chamber.

Options

1. As recommended.

Implications: This would see the subsidy for 2 Lawrence Avenue, Nowra partially paid from the 2022-2023 budget allocation, with the remainder subject to funding allocation in the quarterly budget review process.

The Nowra CBD Contributions Discount Subsidy Policy (Subsidy Policy) would also be rescinded under this option, recognising the minimal take up of the Policy, yet the high value of the subsidies paid in comparison to the relatively low budget allocation.

2. An alternative recommendation.

Implications: This will depend on the extent of any changes/approaches and could include (not exclusively):

· Part payment of the 2 Lawrence Avenue, Nowra subsidy request in accordance with the budget allocation, with refusal of the balance.

· Refusal of the entire 2 Lawrence Avenue, Nowra subsidy request.

· Retention of the existing Policy with adjustment. This may or may not include a greater budget allocation to acknowledge the large value of subsidy requests that have been received.

· Retention of the existing Policy without adjustment, with the inclusion of a greater budget allocation to acknowledge the large value of subsidy requests that have been received.

Background

The current Nowra CBD Contributions Discount Subsidy Policy seeks to subsidise contributions payable in relation to Contributions Plan (CP) 2019 car parking project:

01CARP3001 Nowra Car Parking (Egans Lane, Lawrence Ave, Collins Way, Bridge Road, Lamonds Lane, 9 Haigh Avenue & 67 Kinghorne Street).

This CP project only applies to commercial development (or commercial components of a development) within a defined area. It is currently levied on a car parking space basis as follows:

· Commercial (GFA) – B3 zone, 1 space per 24m² (ground level), 1 space per 40m² above ground.

· Commercial (GFA) – B4 zone, 1 space per 40m².

· Retail (shop) (GLA) - 1 space per 24m².

At the time of writing, the contribution rate for one parking space under this project is currently $27,971.97 (2021 FY). This rate is based on the costs of the project and its components (land acquisition, construction etc). The contribution is levied when development does not provide the required carparking on site, with the contribution used to provide such parking in an alternate, off-site location.

Development applications within Area 1 of the contributions project are charged contributions for parking at the above rate, noting that they do not have the option to provide parking onsite. Applications in the broader Area 2 are charged contributions for parking, only where it cannot be provided on site.

The current Subsidy Policy effectively aims to stimulate development in the Nowra CBD by lessening the impact of car parking contribution requirements and currently applies to land in the area of application shown in Figure 1 below.

Map

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Figure 1: Area of Subsidy Application

The Subsidy Policy resulted from concerns raised by the development industry and others that the cost of current car parking contributions was/is inhibiting development in the Nowra CBD, particularly small to medium sized commercial/retail development, and was seen as an opportunity to ‘test’ in the short term whether this was actually the case.

The Subsidy Policy currently:

· Applies to small to medium development scenarios that generally have a net development area of less than 1,500m².

· Excludes supermarkets, clubs, hotel and motel developments.

· Applies to applications that were lodged on or after 30 July 2014.

· Requires that development cannot already be complete or have received an Occupation Certificate.

· Requires the contributions to be paid in full, then a subsidy (of 50%) is applied.

If required, the discount subsidy is currently paid from Council’s General Revenue funds, not the Contributions Plan, to ensure that the money for the contribution project remains available for the purpose collected (i.e., car parking in the Nowra CBD).

Over the years, the take-up of the discount subsidy has been low and initially for relatively small amounts - this is reflected in the current annual budget allocation of ~$20,000 per annum that exists to support the Subsidy Policy. Since the adoption of the Subsidy Policy in 2014, only four discount subsidy requests have been received and paid.

The first was for a development that had already been completed, and the subsidy was applied retrospectively. The second was an application for an expansion of an existing medical centre. The value associated with these two initial instances were of a relatively minor nature ($37,397.42 total). More recently, the following subsidy requests have been approved and paid:

· 2020 – A four-storey mixed use commercial and residential building at 61 Kinghorne Street, Nowra (DA18/2325). Value: $31,663.40. Only $20,000 was specifically available in the 2019/2020 budget and the $11,663.40 balance was paid from other budgets.

· 2021 – A four-storey mixed use commercial and residential building development at 2 Lawrence Avenue, Nowra (DA18/2326). Value: $182,968.30. Only ~$20,000 was specifically available in the associated budget and the ~$162,000 balance was paid from other budgets.

Current Subsidy Application

A further discount subsidy request has been recently received, again relating to 2 Lawrence Avenue, Nowra (DA22/1427). An amending Development Application has been approved over the site, changing the use of the three residential units to commercial floor space. This results in a car parking shortfall of 3 spaces on the site.

The applicant is potentially eligible for a discount subsidy of $41,957.96. A discount of this scale has not been budgeted for and would need to be considered in Council’s quarterly budget review process. At the time of writing, the potential amount in the draft DPOP is $20,399, which can be allocated to this subsidy, however the remaining balance of $21,558.96 will need to be sourced from an alternative budget.

It is recommended that the budgeted amount be paid immediately, with the balance being considered by Council in future 2022/2023 quarterly budget reviews. As per Council’s standard practice, it is recommended that the 2 Lawrence Avenue Subsidy Applicant be directly advised of Council’s decision on this matter.

It is also likely that a further discount subsidy request will be received relating to a four-storey commercial development at 15 Nowra Lane, Nowra (DA20/1890). The applicant could be eligible for a discount subsidy of approximately $86,000 which again relates to commercial car parking that was not provided on site, the shortfall being 6.18 spaces. This discount has not been budgeted for and would need to be wholly considered in the quarterly budget review process.

Future of the Contributions Discount Subsidy Policy

The Subsidy Policy originally commenced in late 2014 and was trialled for an initial two (2) year period. Given limited use and take up, Council resolved in late 2016 to extend the initial trial period by twelve (12) months.

In September 2017 it was recommended that the Subsidy Policy be rescinded given its low take up to that point (used twice at a cost of $37,397). It was noted in the report that the Subsidy Policy had possibly not had the desired outcome of encouraging new development in the CBD. It was also noted that the amount needed to support the Subsidy Policy was difficult to accurately predict.

The Council subsequently resolved in March 2018 to continue the operation of the Subsidy Policy and consider an annual budget allocation to support its operation. In 2020, Council resolved to commence another review of the Policy.

Following the recent sizeable subsidies issued, and future discount subsidy requests relating to DA22/1427 (request received, $41,957.96) and DA20/1890 (request not yet received; $86,000 – possible) and lack of any real intended impact, it is appropriate to again consider the future of the Subsidy Policy as part of the public policy review/reaffirmation process.

It is recommended that the Subsidy Policy be rescinded by Council, in light of the following:

· Generally, the Subsidy Policy has not had the desired outcome of encouraging new development within the CBD, particularly retail and commercial. In eight years, subsidies for only four developments have been paid, and it is likely that these developments would have occurred whether the subsidy was in place or not.

· Importantly, the Subsidy incentive is consistently and significantly under budgeted.

· The Subsidy Policy was initially prepared to provide relief for smaller development scenarios (small to medium retail businesses) where they had no other option but to pay a contribution that may have been too much for them; not necessarily for developments with substantial car parking that has not been accommodated on site.

· The Subsidy Policy was originally not intended for applications of a mixed use/residential nature outside the CBD Core.

The Nowra CBD Revitalisation Committee, Nowra CBD Business Chamber, and the Shoalhaven Business Chamber have been advised of previous Subsidy Policy reviews as key stakeholders in the Nowra CBD business community, and it is recommended that these stakeholders continue to be notified throughout this current review process.

Conclusion

Given the emerging implications arising from recent applications and enquires, it is appropriate to determine whether the Subsidy Policy should continue to operate, especially considering that the relevant contributions Plan project (01CARP3001) does not appear to be inhibiting development in the Nowra CBD.

It is recommended that the Subsidy Policy be rescinded. However, should the Subsidy Policy be retained, it is important to ensure that budget implications are considered and managed appropriately.

A resolution regarding the payment of the subsidy request for 2 Lawrence Avenue, Nowra is required.

Policy Implications

Considering the recent development applications which have or will soon potentially request a discount subsidy, and the financial implications discussed within this report, it is timely that the Subsidy Policy is being considered as part of the public policy review process. The Policy is recommended for rescission as it does not appear to have overly assisted in the delivery of retail/commercial development in the Nowra CBD, and an appropriate budget is not consistently allocated to facilitate the Subsidy Policy.

Financial and Risk Implications

This policy operates separately and in isolation to Council’s Contributions Plan (Plan). This is to ensure the integrity of the Plan and the funding for the projects within it. Therefore, any discount subsidy is paid from Council’s General Revenue funds and not from the contribution projects funds. This means that all contributions funds are retained for the purpose that they were collected.

The current annual budget allocation (~$20,000) for the discount subsidy is not enough to cover potentially sizeable requests if the Subsidy Policy continues in its current form. It is common for remaining balances to be sourced elsewhere and for other Strategic Planning projects to not proceed (or be stalled) because of this reallocation.

The current subsidy request for 2 Lawrence Avenue, Nowra, places Council in the same position. At the time of writing, the draft value in the draft DPOP for the entire 2022-2023 financial year is $20,399, which can be allocated to this subsidy, however the remaining balance will need to be sourced from an alternative budget. Any subsequent applications would need to be wholly considered in the quarterly budget review process.

Extra Ordinary Meeting – Monday 01 August 2022

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CL22.332 Policies - COVID-19 Contribution Discount Subsidy Policy and Development Adjoining Narrow Laneways Interim Policy

HPERM Ref: D22/251612

Department: Strategic Planning

Approver: Carey McIntyre, Director - City Futures

Reason for Report

The reason for this report is to enable reconsideration of the:

· COVID-19 Contribution Discount Subsidy Policy.

· Development Adjoining Narrow Laneways Interim Policy.

It is noted all Public Policies are to be submitted to Council within 12 months of the election of Council for consideration.

Recommendation

That Council reaffirm the COVID-19 Contribution Discount Subsidy Policy and the Development Adjoining Narrow Laneways Interim Policy.

Options

1. As recommended.

Implications: This option will see the reaffirmation of COVID-19 Contribution Discount Subsidy Policy and the Development Adjoining Narrow Laneways Interim Policy which is the preferred option as the content of the policies remains contemporary.

2. An alternative recommendation.

Implications: This will depend on the extent of any changes/approaches.

Background

COVID-19 Contribution Discount Subsidy Policy

The COVID-19 Contribution Discount Subsidy Policy was adopted by Council on 22 September 2020, and more recently amended on 28 September 2021. In response to the COVID-19 pandemic, the Policy seeks to encourage as much economic activity as possible in the Shoalhaven Local Government Area (LGA) through the provision of a short-term discount subsidy.

The content of the Policy is contemporary, and as the Policy is being phased out to ultimately conclude in March 2024, a further policy adjustment is not considered necessary at this stage.

No changes to this Policy are recommended.

Development Adjoining Narrow Laneways Interim Policy

The Development Adjoining Narrow Laneways Interim Policy was adopted by Council in 2018. The Policy seeks to provide clarity regarding development of land adjacent to narrow laneways across the Shoalhaven Local Government Area.

The content of the Policy remains current. Council resolved (MIN18.891) on 6 November 2018 to transfer the content of this Interim Policy into the Shoalhaven DCP 2014, however it is noted that this project is currently identified as ‘Hold’ on the Strategic Planning Works Program, due to resourcing constraints.

No changes to this Policy are recommended.

Community Engagement

No community engagement is required as part of the reaffirmation process.

Extra Ordinary Meeting – Monday 01 August 2022

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CL22.333 Policy - Payment of Development Contributions and Section 64 Headworks Charges by Deferment or Instalments (under special circumstances)

HPERM Ref: D22/279823

Department: Strategic Planning

Approver: Carey McIntyre, Director - City Futures

Attachments: 1. Proposed Payment of Development Contributions and Section 64 Headworks Charges by Deferment or Instalments (under special circumstances)

Reason for Report

The reason for this report is to enable reconsideration the Payment of Development Contributions and Section 64 Headworks Charges by Deferment or Instalments (under special circumstances) Policy (POL18/54).

It is noted all Public Policies are to be submitted to Council within 12 months of the election of Council for consideration.

Recommendation

That Council reaffirm the Payment of Development Contributions and Section 64 Headworks Charges by Deferment or Instalments (under special circumstances) Policy POL18/54, with the minor changes outlined in Attachment 1.

Options

1. As recommended.

Implications: Will see the reaffirmation of POL18/54, with some minor adjustments, which is the preferred option as the content of the policy remains contemporary.

2. An alternative recommendation.

Implications: Will depend on the extent of any changes/approaches.

Background

The Payment of Development Contributions and Section 64 Headworks Charges by Deferment or Instalments (under special circumstances) Policy was adopted by Council on 30 January 2007, has been amended a number of times and was most recently reaffirmed in 2017. The Policy seeks to enable the payment of development contributions and Section 64 (Local Government Act 1993) headworks charges by deferment or instalments.

Whilst there is limited take up of the deferral or instalment opportunity in terms of development contributions, it is considered worthy of retention for when appropriate circumstances may arise.

With regards to the Section 64 headworks charges, it is noted that the opportunity to defer or pay by instalment is possibly underutilised, and this may be due to the requirement for a bank guarantee to the value, plus interest. This is something that can be further considered by Shoalhaven Water during the current Council term, as required. However, in the interim the opportunity should be retained.

Only minor changes are recommended to the Policy to reflect directorate changes and responsibilities to reflect the current structure, as outlined in Attachment 1.

Community Engagement

No community engagement is required as part of the reaffirmation process.

Extra Ordinary Meeting – Monday 01 August 2022

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CL22.334 Policy Review - Film and Photography Policy and River Festival Terms of Reference.

HPERM Ref: D22/293124

Department: Tourism

Approver: Stephen Dunshea, Chief Executive Officer

Attachments: 1. Shoalhaven River Festival Terms Committee - Terms of Reference - Amendments ⇩

2. Film and Photography in Public Reserves and Places Policy - Amendments ⇩

Reason for Report

The reason for this report is to allow the following policies of Shoalhaven Tourism to be presented for adoption: The Shoalhaven River Festival Committee – Terms of Reference and The Film and Photography in Public Reserves and Public Places. All Public and Local Approval Policies are to be submitted to Council within 12 months of the election of Council.

Recommendation

That Council adopt the minor changes made to the following two policies.

1. The Shoalhaven River Festival Committee - Terms of Reference (Attachment 1)

2. Film and Photography in Public Reserves and Public Places (Attachment 2)

Options

1. Endorse the recommendation as written.

Implications: The proposed minor changes to both policies are accepted and they are formally updated.

2. Council do not endorse proposed amendments and make recommendations to staff outlining suggested considerations.

Implications: Council staff spend additional hours updating the policy so it can be reviews again before December 2022.

Overview

Both policies have been operating successfully for the last five years. Minor changes have been suggested to streamline wording and update necessary links. Below is an overview of each policy and associated implications for reference.

1. Shoalhaven River Festival Committee – Terms of Reference

Background

The Shoalhaven River Festival Terms of Reference are designed to be a guide for the Shoalhaven River Festival Committee, which is an established 355 Committee of Council. The committee is responsible for the coordination and delivery of the annual Shoalhaven River Festival.

The purpose of the policy has not changed significantly and only minor grammatical and wording amendments have been made. These changes are shown in Attachment 1 with those changes tracked. The most significant change includes:

· The Establishment of the Shoalhaven River Festival Committee as its own Committee which reports directly to Council. Previously, this committee reported to the Shoalhaven Tourism Advisory Group, which has since been disestablished.

Community and Risk Implications

Should the policy not be endorsed, the River Festival may not survive resulting in the loss of a key community event that attracts roughly 10,000 people per year.

Financial Implications

$20,000 of operational budget is allocated each year to the River Festival. Should the policy not be endorsed, the festival may not survive.

2. Film and Photography in Public Reserves and Public Places

The Film and Photography Policy (formally known as Film and Video Production in Public Reserves and Places) establishes guidelines for commercial film approvals on Council Owned and Managed Land. This policy is implemented by the Event Liaison Officer and Tourism Investment and Event Specialist within Council’s Tourism Department.

Links to necessary legislation and minor wording changes have been made to streamline this policy. There are no significant changes that will impact the way film permits are approved and managed. All changes are shown in Attachment 2 with those changes tracked.

This policy plays an important role in ensuring commercial production companies do not damage council owned or managed land and/or negatively disrupt the local community.

Community Implications

There are no major community implications pertaining to this policy.

Risk Implications

If this policy is not endorsed - there will be no clear policy for commercial film approvals in the Shoalhaven – opening the region up to risk to misconduct by production companies.

Financial Implications

There is no operational budget allocated to the implementation of this policy.

Extra Ordinary Meeting – Monday 01 August 2022

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CL22.335 Policy - Graffiti Management

HPERM Ref: D22/100018

Department: Works & Services

Approver: Stephen Dunshea, Chief Executive Officer

Attachments: 1. Draft - Graffiti Management Policy ⇩

Reason for Report

The Graffiti Management Policy is presented for adoption. The Local Government Act requires that all Council policies should be reviewed within 12 months of an election of a new Council.

Recommendation

That Council reaffirm the Graffiti Management Policy with the update to nominate City Services as the responsible Council Directorate and no reference to the Graffiti Management Plan which ended in 2018.

Options

1. Council reaffirm the Graffiti Management Policy as presented.

Implications: Change to the responsible Directorate name has been updated to reflect the current organisational structure.

2. Council not accept the recommendation, giving reasons and propose an alternative.

Implications: Any significant changes will require community engagement prior to adoption.

Background

The Graffiti Management policy provides a commitment to the management of graffiti across the Shoalhaven City Council area. It also provides a basis to manage and minimise the impact of graffiti.

The Graffiti Management Policy was developed in response to concerns of graffiti proliferation raised by community members within the Shoalhaven and the need to act quickly.

In the past, Council had no graffiti management strategy or plan to combat graffiti in the Shoalhaven. In late 2011, to show leadership to the community in the area of managing graffiti removal, Council made a deliberate decision to provide additional resources. A management plan was created that included objectives and actions that have been achieved over the years. To deal with its assets, a full-time person with vehicle and equipment has continued to be employed to remove graffiti from Council property on a daily basis and a Parks Programmes Officer also works closely with the community to tackle the graffiti problem as part of their portfolio.

Over the years, due to the above actions continuing to work well and those actions being established in staff’s everyday responsibilities, graffiti in the Shoalhaven has reduced, therefore a graffiti management plan is no longer required. Figures capturing the number of graffiti tags in the Nowra CBD demonstrate the programme and ongoing strategies are successful. The first “Graffiti Blitz” in the Nowra CBD recorded 202 incidents of graffiti and in 2020 the number dropped to 18 recorded incidents. Different types of graffiti abatement have also played a part in being a deterrent to graffiti vandals, those being the establishment of murals and planting of shrubs along walls and fences in graffiti hotspots.

A minor change has been made to the Group name responsible for the policy from Assets and Works to City Services.

Community Engagement

No material changes are proposed to the current policy, so community engagement is not considered necessary.

Extra Ordinary Meeting – Monday 01 August 2022

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CL22.336 Policies - Demolition & Renovation of Buildings Containing Asbestos Policy, Swimming Pools and Barrier Inspection Policy and Home Modifications - Elderly and Injured Residents - Medical Requirements

HPERM Ref: D22/202865

Department: Certification & Compliance

Approver: James Ruprai, Director - City Development

Attachments: 1. Demolition & Renovation of Buildings Containing Asbestos Policy ⇩

2. Swimming Pools - Barrier Inspection Policy ⇩

3. Home Modifications - Elderly & Injured Residents - Medical Requirements ⇩

Reason for Report

This policy review is presented to Council in accordance with the recommendations for all policies to be reviewed within the first 12 months of the new council.

The report has been prepared to assist Council to consider the adoption of these existing public policies which deal with the responsibilities within City Development.

Recommendation

That Council adopt the attached policies and make available on Council’s website:

1. Demolition & Renovation of Buildings Containing Asbestos Policy.

2. Swimming Pools - Barrier Inspection Policy.

3. Home Modifications - Elderly & Injured Residents - Medical Requirements.

Options

1. Adopt the recommendation

Implications: The policy review will assist in maintaining the Compliance and Enforcement program and provide staff with clear guidelines on how to action matters.

2. Not adopt the recommendation

Implications: Council will need to give further instruction to staff.

Background

The policies listed below have been reviewed and amendments have been made as follows:

1. POL22/14 – Demolition & Renovation of Buildings Containing Asbestos Policy: - this policy was adopted by Council in 2017. Only some minor wording changes have been made to this policy in relation to legislative and internal development consent condition changes. These changes are shown in attachment 1.

2. POL22/25 – Swimming Pools - Barrier Inspection Policy - this policy was adopted by Council in 2017. The wording changes have been made to update the policy to be more contemporary and to incorporate legislative changes. These changes are shown in the attachment 2.

3. POL22/21 - Home Modifications - Elderly & Injured Residents - Medical Requirements - this policy was adopted by Council in 2019. Only minor changes have been made to update the policy in relation to internal works. The changes are shown in the attachment 3.

Community Engagement

These policies support Council’s commitment to ecologically sustainable development principles and support good governance practice.

Given there has been only administrative changes made to the attached policies, it is not envisaged that community consultation is required.

Extra Ordinary Meeting – Monday 01 August 2022

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CL22.337 Policy - Vegetation Vandalism Prevention

HPERM Ref: D22/263893

Department: Environmental Services

Approver: James Ruprai, Director - City Development

Attachments: 1. Draft Vegetation Vandalism Prevention Policy ⇩

Reason for Report

All Public Policies are to be submitted to Council within 12 months of the election of Council. This report provides a detailed summary of the changes that have been made to the Vegetation and Vandalism Prevention Policy.

Recommendation

That Council:

1. Exhibit the revised Vegetation Vandalism Prevention Policy for a period of two (2) weeks to allow public comment; and,

2. If no significant comments are received through public exhibition, adopt the policy without further resolution.

Options

1. Adopt the recommendation as written.

Implications: The revised policy will ensure that Council continues to implement consistent measures in the prevention of, and in response to, acts of vegetation vandalism.

2. Not adopt the recommendation.

Implications: Council can request further details, seek further community input, or make other changes. Implications will depend on the resolution(s) of Council.

Background

The Shoalhaven Tree and Vegetation Vandalism Prevention Policy was first adopted by Council in November 2019 (MIN19.815).

A workshop was convened with relevant staff from City Development (Environmental Services, Building and Compliance), City Services (Works and Services) to undertake a review of the policy.

The revised policy includes the changes as outlined in the following table.

Section	Notes on changes
Overall length and volume of detail within the policy	Slight re-formatting and re-titling of sections to conform with the standard policy template. Repetition has been removed. Procedural and operational matters have been removed from the draft policy, including most of the Appendices. This was done to enable easier dissemination of the key aspects of the policy to the community.
1. Purpose	‘Introduction’ and ‘Objective’ of current policy grouped under ‘Purpose’.
2. Statement
2.1 Scope	The scope has changed to only include vegetation vandalism on Council owned or managed lands. Private lands are covered under Tree and Vegetation Management – DCP Chapter G4 (private land).
2.2 Background	Updated to include more information about the importance of vegetation in the Shoalhaven Local Government Area.
3. Provisions
3.1 Policy Principles	Minor word changes and re-ordered.
3.2 Definitions	Minor word changes. Information included to exclude weed removal activities as these are authorised under the Biosecurity Act 2015 (NSW).
3.3 Legislation	Unchanged. Appendix retained.
3.4 Education	The importance of community education increased as a preventative measure for vegetation vandalism.
3.5 Monitoring and Prevention	Items relevant to rehabilitation moved to section 3.7. The addition of the use of physical structures to prevent vegetation vandalism where all other preventative measures have been considered and utilised.
3.6 Compliance	Re-worded to include text from various sections of the current policy. Inclusion of the preparation of plans for areas at high risk of further damage. The Investigation and Response Protocol and Compliance Procedure excluded, as this is more operational and procedural, and as such, is not policy-based. It was resolved at the Development and Environment Committee meeting of Council on 5 March 2019 (MIN19.110) that Council does not support the installation of surveillance cameras along Collingwood Beach and the current policy is silent on this matter. It is now recommended that covert and/or remote surveillance devices be utilised where appropriate as part of a plan to address high impact sites where further vandalism is likely. The inclusion of this is intended to act as both a deterrent, as well as allowing adequate evidence collection for compliance action where appropriate.
3.7 Rehabilitation	Re-wording with some additional detail added on rehabilitation. This includes rehabilitation to achieve a plant community structure that would naturally occur within a natural area, rehabilitation of parks and gardens.
‘Resources’ (current policy)	Removed being more procedural in nature
4. Implementation	Minor additions
5. Review	No changes
6. Application of Ecologically Sustainable Development Principles	Minor changes

Community Engagement

This policy supports Council’s commitment to ecologically sustainable development principles and support good governance practice.

Given significant nature of this policy, and to seek constructive feedback from our community, it is recommended that the draft revised policy be placed on exhibition for a two (2) week period to allow public comment. If no comments are received, it is recommended the policy be adopted without further resolution.

Extra Ordinary Meeting – Monday 01 August 2022

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CL22.338 Policy – Flood Planning Levels for the Lower Shoalhaven River Floodplain

HPERM Ref: D22/264568

Department: Environmental Services

Approver: James Ruprai, Director - City Development

Attachments: 1. Draft Policy - Flood Planning Levels for the Lower Shoalhaven River Floodplain ⇩

Reason for Report

All Public Policies are required to be submitted to Council within 12 months of the election of Council. This report summarises proposed updates to the Flood Planning Levels for the Lower Shoalhaven River Floodplain Policy.

Recommendation

That Council adopt the Draft Flood Planning Levels for the Lower Shoalhaven River Floodplain Policy (attached).

Options

1. Adopt the recommendation as written.

Implications: This policy will remain in the current form until the Lower Shoalhaven River Flood Study and Lower Shoalhaven River Floodplain Risk Management Study & Plan Review have been finalised and adopted by Council. Council will continue to maintain a dry notch at the Shoalhaven River entrance at Shoalhaven Heads in accordance with the Shoalhaven River Entrance Management Plan for Flood Mitigation (2006) and continue to provide Flood Planning Levels for future development as derived from the Shoalhaven Heads Entrance closed scenario as modelled in the Lower Shoalhaven River Floodplain Risk Management Study & Plan – Climate Change Assessment (2011). This policy will also ensure that Council adheres to its obligations under the NSW Floodplain Development Manual 2005 and Shoalhaven Local Environmental Plan 2014.

2. Not adopt the recommendation.

Implications: Council can request further details, seek further community input, or make other changes.

Background

The Flood Planning Levels for the Lower Shoalhaven River Policy was originally adopted by Council on 28 January 2003 (MIN03.10).

The provisions of this policy include maintaining a dry notch weir at the Shoalhaven River entrance in accordance with the Shoalhaven River Entrance Management Plan for Flood Mitigation (2006) and Flood Planning Levels for future development being derived from the Shoalhaven Heads Entrance closed scenario as modelled in the Lower Shoalhaven River Floodplain Risk Management Study & Plan – Climate Change Assessment (2011).

The preparation of an updated Lower Shoalhaven River Flood Study and Floodplain Risk Management Study & Plan Review is currently underway. The Draft Lower Shoalhaven River Flood Study (Cardno, 2022) was completed in early 2022 and public exhibition and community consultation was undertaken in June 2022. The Shoalhaven River entrance behaviour at Shoalhaven Heads was investigated using a detailed coastal hydrodynamic and morphological numerical model. The objective of this investigation was to better understand the relationship between the Shoalhaven River inflow (from catchment flooding), the rate at which the berm opens, the maximum width of the entrance under different flow conditions, and what this means for flood levels in the lower reaches of the Lower Shoalhaven River floodplain. The findings from this modelling were used to inform and improve confidence in the entrance condition assumptions for design flood events in the Draft Lower Shoalhaven River Flood Study (Cardno, 2022).

Proposed Changes to Policy

Following the completion and adoption of the Lower Shoalhaven River Flood Study and Review of the Lower Shoalhaven River Floodplain Risk Management Study & Plan, this policy should be updated or repealed.

The proposed amendments to this Policy are attached. These proposed changes include further details in the Background Information section associated with the progress of the Lower Shoalhaven River Flood Study and Floodplain Risk Management Study & Plan Review.

It is recommended that the Policy remains in the current form until the Lower Shoalhaven River Flood Study and Lower Shoalhaven River Floodplain Risk Management Study & Plan Review have been finalised and adopted by Council. Flood Planning Levels for the Lower Shoalhaven River floodplain would then be determined from the outcomes of the Lower Shoalhaven River Floodplain Risk Management Study & Plan Review which would supersede the previous Lower Shoalhaven River Floodplain Risk Management Study & Plan – Climate Change Assessment (2011).

Accordingly, there will be no implications associated with the adoption of this revised policy as it reflects the current situation. Council will continue to maintain a dry notch at the Shoalhaven River entrance at Shoalhaven Heads in accordance with the Shoalhaven River Entrance Management Plan for Flood Mitigation (2006) and continue to provide Flood Planning Levels for future development as derived from the Shoalhaven Heads Entrance closed scenario, as modelled in the Lower Shoalhaven River Floodplain Risk Management Study & Plan – Climate Change Assessment (2011).

Extra Ordinary Meeting – Monday 01 August 2022

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CL22.339 Policy – Terms of Reference Northern / Central / Southern Coastal Management Program Advisory Committees and Floodplain Risk Management Committees

HPERM Ref: D22/264578

Department: Environmental Services

Approver: James Ruprai, Director - City Development

Attachments: 1. Draft Terms of Reference - Northern / Central / Southern Coastal Management Program Advisory Committees ⇩

2. Draft Terms of Reference - Northern / Central / Southern Floodplain Risk Management Committees ⇩

Reason for Report

All Public Policies are required to be submitted to Council within 12 months of the election of Council. This report provides the background for the Terms of Reference for the Coastal Management Program Advisory Committees and the Floodplain Risk Management Committees and a summary of the minor changes to these as formulated into the Policies.

Recommendation

That Council adopt the amended Terms of Reference Northern / Central / Southern Coastal Management Program Advisory Committees and amended Terms of Reference Northern / Central / Southern Floodplain Risk Management Committees Policies (attached).

Options

1. Adopt the recommendation as written.

Implications: The revised policies will ensure that Council adheres to its obligations under the Coastal Management Act 2016 and NSW Floodplain Development Manual 2005.

2. Not adopt the recommendation.

Implications: Council can request further details, seek further community input, or make other changes.

Background

The principal objective of the Coastal Management Program Advisory Committees is to assist Shoalhaven City Council in the development and implementation of Coastal Management Programs, in accordance with the NSW Coastal Management Manual, while ensuring compliance with legislative obligations under the Coastal Management Act 2016 (NSW).

Terms of Reference have been established for the Coastal Management Program Advisory Committees to detail responsibilities and delegations enabling appropriate functioning and to meet the principal objective. The Terms of Reference for the Northern / Central / Southern Coastal Management Program Advisory Committees Policy was adopted by Council on 20 July 2020 (MIN20.479) and amended on 6 October 2020 (MIN20.736) and 11 May 2021 (MIN21.257).

The principal objective of the Floodplain Risk Management Committees is to assist Shoalhaven City Council in the proactive management of flood risks and support the development of Council’s Floodplain Risk Management Plans, as outlined in the NSW Floodplain Development Manual guidelines.

Terms of Reference have been established for the Floodplain Risk Management Committees to detail responsibilities and delegations enabling appropriate functioning and to meet the principal objective. The Terms of Reference for the Northern / Central / Southern Floodplain Risk Management Committees Policy was adopted by Council on 20 July 2020 (MIN20.479) and amended on 6 October 2020 (MIN20.736).

Proposed Changes to Policy

The following minor changes have been made to the Coastal Management Program Advisory Committees’ Terms of Reference:

· A change to the name of the North Coastal Management Program Advisory Committee to Northern Coastal Management Program Advisory Committee.

· Section 6 - Membership:

o Local Representatives is to include one (1) youth representative between ages 16 and 30 and one (1) indigenous representative.

o Detailed Community Member Appointment process.

· Section 7 - Committee Meetings:

o Inclusion of ‘Confidentiality and Privacy’ clause.

o Inclusion of ‘Communication’ clause.

o Change to vote recording - any votes against will be recorded in the minutes.

The following minor changes have been made to the Floodplain Risk Management Committees’ Terms of Reference:

· A change to the name of the North Floodplain Risk Management Committee to Northern Floodplain Risk Management Committee.

· Section 4 – Role of the Committee:

o Addition to broaden community consultation and participation.

· Section 6 – Membership:

o Community representatives have increased from six (6) to seven (7) due to quorum not being met at recent committee meetings.

o Local Representatives is to include one (1) youth representative between ages 16 and 30 and one (1) indigenous representative.

o Detailed Community Member Appointment process.

· Section 7 - Committee Meetings.

o Inclusion of ‘Confidentiality and Privacy’ clause.

o Inclusion of ‘Communication’ clause.

o Change to vote recording - any votes against will be recorded in the minutes.

Extra Ordinary Meeting – Monday 01 August 2022

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CL22.340 Policy - Food Premises

HPERM Ref: D22/266715

Department: Environmental Services

Approver: James Ruprai, Director - City Development

Attachments: 1. Food Premises Policy ⇩

Reason for Report

All Public Policies are to be submitted to Council within 12 months of the election of Council. This report provides the background and rationale, as well as a summary of the proposed updates for the Food Premises Policy.

Recommendation

That Council adopt and confirm the Draft Food Premises Policy (attached).

Options

1. Adopt the recommendation as written

Implications: The revised policy will ensure that Council adheres to obligations to uphold food premise design and construction in accordance with relevant legislation and Australian Standards as a necessary function for the preservation of public health.

2. Not adopt the recommendation

Implications: Council can request further details or suggest changes.

Background

The Food Premises Policy has been formulated to provide advice on how to design and construct a food premises. This is to achieve a satisfactory hygiene standard, and to facilitate easy cleaning and maintenance to ensure safer food handling practices when in operation. More direct food handling safety legislative requirements are governed by overarching state legislation including Chapter 3 of the Australia/New Zealand Food Standard Code, Food Act 2003, and the Food Regulation 2015.

The Food Premises Policy was first adopted by Council on 20 September 1976 (MIN76.1362). The policy was most recently reviewed on 21 February 2017.

Proposed Changes to Policy

Minor revisions have been made to the policy including updates to reflect new food safety legislation, the “Scores on Doors” program and change in Council directorate terminology from Planning, Environment & Development Services to City Development Group.

Extra Ordinary Meeting – Monday 01 August 2022

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CL22.341 Policies - Control and Eradication of Priority Weeds and Pesticide Use Notification Plan

HPERM Ref: D22/287359

Department: Environmental Services

Approver: James Ruprai, Director - City Development

Attachments: 1. Draft Policy - Control and Eradication of Priority Weeds ⇩

2. Draft Policy - Pesticide Use Notification Plan ⇩

Reason for Report

All Public Policies are to be submitted to Council within 12 months of the election of Council. This report summarises the proposed updates made to the Control and Eradication of Priority Weeds and Pesticide Use Notification Plan Policies.

Recommendation

That Council:

1. Adopt the revised and retitled Control and Eradication of Priority Weeds Policy (previously titled Noxious Weeds Control and Eradication).

2. Adopt updates to the Pesticide Use Notification Plan.

Options

1. Adopt the recommendation as written

Implications: The revised policies will ensure that Council retains policy to implement weed management under the Biosecurity Act 2015 (along with the Pesticide Use Notification Plan required under the Pesticides Regulation 2017).

2. Not adopt the recommendation

Implications: Council can request further details, seek further community input, or make other changes. The implications will depend on the resolution of Council.

Background

The Control and Eradication of Priority Weeds Policy relates to the management of Priority Weeds within the Local Government Area. Priority Weeds are plants that have the potential to pose a biosecurity risk to human health, the economy, aesthetics, and natural environmental resilience.

The Pesticide Use Notification Plan outlines how Council will notify the community of pesticide applications in outdoor public places. This notification allows community members to avoid contact with pesticides.

Proposed Changes to Policy

Minor changes have been made to both policies to reflect the contemporaneous nature of in- force legislation.

In summary, the following changes have been made to the Control and Eradication of Priority Weeds Policy:

· Change of the name of the policy to include ‘Priority Weeds’ as ‘noxious weeds’ is no longer applicable under the Biosecurity Act 2015.

· Section 2 – Statement: Inclusion of information regarding the importance of Priority Weed management.

· Section 3 – Provisions: Word and terminology changes to reflect the management of Priority Weeds, added safety considerations (following herbicide specimen label and Safety Data Sheet requirements), and removal of the private hire availability of Council’s spraying units.

In summary, the following changes have been made to the Pesticide Use Notification Plan Policy:

· Section 1 – Introduction: staff training requirements included.

· Updates required to legislation references due to the Pesticides Regulation 2009 being repealed and replaced with the in-force Pesticide Regulation 2017.

Extra Ordinary Meeting – Monday 01 August 2022

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CL22.342 Policies - Shoalhaven Water Group - Round Six

HPERM Ref: D22/226594

Department: Water Business Services

Approver: Robert Horner, Executive Manager Shoalhaven Water

Attachments: 1. Water and Sewerage Headworks Charges (Section 64 Contributions) Assistance for Developments ⇩

2. Community Service Obligations – Water Supply, Wastewater, Effluent, Trade Waste Services and Section 64 Contributions ⇩

3. Payment Assistant Scheme – Water Accounts ⇩

4. Shoalhaven Water Debt Management Policy ⇩

5. Shoalhaven Water Undetected Leak Policy ⇩

Reason for Report

All Public and Local Approval Policies are to be submitted to Council within 12 months of the election of a new Council. This is the sixth round of policies proposed for reaffirmation with respect to Shoalhaven Water responsibilities.

Recommendation

That Council reaffirm the following policies with changes:

1. Water and Sewerage Headworks Charges (Section 64 Contributions) Assistance for Developments.

2. Community Service Obligations – Water Supply, Wastewater, Effluent, Trade Waste Services and Section 64 Contributions.

3. Payment Assistant Scheme – Water Accounts.

4. Shoalhaven Water Debt Management Policy.

5. Shoalhaven Water Undetected Leak Rebate Policy.

Options

1. Adopt the recommendation as written.

Implications: Changes will assist for currency and clarity. Specific details of changes are outlined further below.

2. Not adopt the recommendation.

Implications: Council can request further details, seek community input, or make other changes.

Background

Changes (tracked) have been made to the policies as shown in the attachments to this report. A summary of these changes is outlined below.

1. Water and Sewerage Headworks Charges (Section 64 Contributions) Assistance for Developments.

The updated policy essentially reverts to the discount policy that was in place before a series of Council resolutions in response to COVID 19 (MIN20.240, MIN20.276, MIN21.116 and MIN21.514) that provided an additional discount for developments which were approved, and had developer contributions paid, over the period 7 April 2020 and the 31 March 2022.

The updated policy, however, is revised to include those developments caught under the COVID 19 rules for potential reimbursement of part of their Section 64 charges. The two scenarios that apply are:

· A development approved prior to 7 April 2020 that paid contributions during the period 7 April 2020 to 31 March 2022 may apply for the further discount within two years of the payment of those contributions if the development has reached approximately 25% completion.

· A development approved during the period 7 April 2020 to 31 March 2022 may apply for the further discount within two years of the Operational Development Consent if the development has paid the contributions and reached approximately 25% completion.

2. Community Service Obligations - Water Supply, Wastewater, Effluent, Trade Waste Services and Section 64 Contributions

· Minor edits throughout the document to reflect current naming conventions, current organisation structure and grammatical errors.

· No changes to eligibility criteria or assessment process.

· Definitions list.

o words not used throughout the document have been deleted

o introduction of 2 new words in definitions list; ‘Community benefit’ and ‘Non-profit’

· Introduction of new section ‘Funding Provisions’ – no change in funding or process, but now easily able to be identified in document.

· A checklist and application form has been created to guide potential applicants.

3. Payment Assistant Scheme - Water Accounts

· Minor edits throughout the document to reflect current naming conventions and current organisation structure.

· Update of value of budgeted funding provision to reflect current funding (increased from $15,000 to $20,000).

· Printed water saving brochures have been replaced with detailed online resources. Community agencies guide the customer through this information online when undertaking their customer appointment.

Guidelines for Community agencies that administer the Scheme have also been updated to reflect the policy.

4. Shoalhaven Water Debtor Management Policy

· Introduction of debt management pathway for eligible pensioners. This process aligns with the pathway described in Council’s Revenue – Debt Recovery Policy (Rates) and was endorsed by Council resolution on 24 June 2015 (MIN15.421). No eligible pensioner will be referred to an external debt recovery agency without Council resolution in each instance.

· Insertion of detail on each type of Shoalhaven Water customers and their debt management pathway.

· Minor title changes to reflect managing of debt rather than the debtor.

· Minor edits throughout the document to reflect current naming conventions and organisation structure.

5. Shoalhaven Water Undetected Leak Rebate Policy

· Minor title change.

· Minor edits throughout the document to reflect current naming conventions and organisation structure.

· Format changed to improve readability and understanding.

· Reflecting industry best-practice:

o Introduction of an upper limit of rebate, now capped at $2,000

o Introduction of ‘Methodology’ – provides transparency on how the rebate is calculated. No actual change to how the rebate is calculated.

o further clarification on what constitutes an ‘undetected’ leak.

Community Engagement

There is no statutory requirement to publicly exhibit any of the policies contained in this report. Council may choose to do so should they consider any proposed changes as being significant.

Policy Implications

All policies included in this report are proposed for reaffirmation as the nature of the changes are considered to enhance delivery and clarity and therefore have no implications or deviation from the existing intent of the current approved policies.

Financial Implications

Changes proposed to the policies will have no financial implications to current approved budgets. There is however, up to $1.5m in potential further refunds of paid Section 64 (Water Supply and Sewerage) charges that could result from the expected sunset date of 31 March 2024.

Applications for the further refund (Covid-19 Relief) are expected over the remaining period as developers complete at least 25% of their development.

Risk Implications

No risks identified from the changes proposed for the attached policies.

Extra Ordinary Meeting – Monday 01 August 2022

Page 0

Local Government act 1993

Chapter 3, Section 8A Guiding principles for councils

(1) Exercise of functions generally

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

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

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

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

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

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

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

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

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

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

(2) Decision-making

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

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

(b) Councils should consider social justice principles.

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

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

(3) Community participation

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

Chapter 3, Section 8B Principles of sound financial management

The following principles of sound financial management apply to councils:

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

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

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

(i) performance management and reporting,

(ii) asset maintenance and enhancement,

(iii) funding decisions,

(iv) risk management practices.

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

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

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

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

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

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

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

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

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

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

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

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

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