Ordinary Meeting
Meeting Date: Monday, 26 September, 2022
Location: Council Chambers, City Administrative Building, Bridge Road, Nowra
Time: 5.30pm
Membership (Quorum - 7)
All Councillors
Shoalhaven City Council live streams its 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. Acknowledgement of Country
2. Moment of Silence and Reflection
3. Australian National Anthem
4. Apologies / Leave of Absence
5. Confirmation of Minutes
· Ordinary Meeting - 12 September 2022
· Extra Ordinary Meeting - 20 September 2022
6. Declarations of Interest
7. Presentation of Petitions
8. Mayoral Minute
Mayoral Minute
MM22.21..... Mayoral Minute - Manyana Special Conservation Area................................ 1
MM22.22..... Mayoral Minute - Condolences - Uncle Jack Charles, Actor & Revered Aboriginal Elder................................................................................................................ 2
MM22.23..... Mayoral Minute - Congratulations Clr Wells - Awarded Life Membership - Illawarra Academy of Sport........................................................................................... 3
9. Deputations and Presentations
10. Call Over of the Business Paper
11. A Committee of the Whole (if necessary)
12. Committee Reports
CL22.448..... Report of the Shoalhaven Sports Board - 24 August 2022........................... 5
SB22.18...... Policy Review - Sportsgrounds Management
SB22.19...... Policy Review - Elite Athlete Support Program
SB22.20...... Policy Review - Sports Grants Program (Capital Works)
SB22.21...... Additional Item - Sporting Event List / Report
CL22.449..... Report of the Inclusion & Access Advisory Group - 29 August 2022.......... 39
IA22.15........ Additional Item - Funding Program for Accessibility to Shops
13. Reports
City Performance
CL22.450..... Election of Deputy Mayor............................................................................. 40
CL22.451..... Determination of Date & Time of Council Meetings & Councillor Briefings. 49
CL22.452..... Ordinary Meeting - Order of Business.......................................................... 55
CL22.453..... Community Consultation & Committee System........................................... 57
CL22.454..... Council Representatives on Other Committees or Organisations Outside of Council...................................................................................................................... 59
CL22.455..... 2023 Conferences........................................................................................ 66
CL22.456..... 2022/2023 Community Donations................................................................ 70
CL22.457..... Investment Report - August 2022................................................................ 74
CL22.458..... DPOP 2021-22 - Quarterly Performance & Budget Report (April - June)... 85
CL22.459..... Policy - Complaints Handling Policy - Outcome of Public Exhibition........ 108
City Futures
CL22.460..... Next Steps - Realising the Moss Vale North Urban Release Area........... 110
CL22.461..... Report Back - Employment Zoned Land Representations - Exemption from NSW Biodiversity Conservation Act 2016........................................................... 124
CL22.462..... Temporary Helicopter Landing Site - Part of West Street Oval - Shoalhaven Hospital Redevelopment Project.............................................................................. 128
CL22.463..... AATP Stage 5 - Taxiway and Drainage..................................................... 133
City Services
CL22.464..... Public Policy for Review - Rescind - Renewable Energy Installations on Council Assets......................................................................................................... 137
CL22.465..... Public policy for review - rescind - Sustainable Energy Policy.................. 144
CL22.466..... New Public Policy for Review - Sustainability and Climate Policy............ 149
CL22.467..... Tenders - Replacement of Two Timber Bridges with Concrete Structures 156
CL22.468..... Tenders - Supply & Lay Asphalt – July 2022 to June 2024....................... 158
CL22.469..... Acquisition of Land & Easement - Cambewarra Locality........................... 160
City Development
CL22.470..... Development Application – 32 & 36 Yarrawonga Drive Mollymook Beach – Lot 211 DP 1043758 & Lot 304 DP 1234415.......................................................... 161
City Lifestyles
CL22.471..... S355 Management Committees - Policy Review and Annual Council Delegation.................................................................................................................... 178
CL22.472..... Acceptance of Grant Funding - Reconnecting Regional NSW - Community Events Program...................................................................................................... 184
14. Notices of Motion / Questions on Notice
Notices of Motion / Questions on Notice
CL22.473..... Notice of Motion - Agars Lane Berry.......................................................... 187
CL22.474..... Notice of Motion - Shoalhaven City Council Supports an End to Native Forest Logging in NSW South East..................................................................................... 189
CL22.475..... Notice of Motion - Call in of DA22/1847 - 31 Currambene Street, Huskisson 190
Reports
CCL22.25.... Tenders - Replacement of Two Timber Bridges with Concrete Structures
Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.
CCL22.26.... Tenders – Supply & Lay Asphalt - July 2022 to June 2024
Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.
CCL22.27.... Acquisition of Land & Easement - Cambewarra Locality
Local Government Act - Section 10A(2)(c) - Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
MM22.21 Mayoral Minute - Manyana Special Conservation Area
HPERM Ref: D22/345508
That Council: 1. Supports the community of Manyana's aspirations to conserve the land known as Manyana Beach Estate (Lot 172 DP755923 and Lot 823 DP247285) as the Manyana Special Conservation Reserve to be included in and managed as part of the Conjola National Park. 2. Acknowledges that it is understood that given listed threatened species the development has been declared a “controlled action” by the Commonwealth Government under the provisions of the Environment Protection and Biodiversity Conservation Act 1999 and this has effectively halted any development of the site at this point. 3. Acknowledges the offer from the NSW State Government in 2021, to help support the purchase of the land and reopen discussions with the NSW Government in this regard. 4. Acknowledges the desire of the NSW State Government to improve the safety of the Princes Highway to the South of Nowra, with changes and future works that will impact existing conservation lands, namely the potential loss of 20ha from the Conjola National Park and notes that the Manyana Special Conservation Reserve could be a candidate for purchase by the NSW Government as an offset for the future works, particularly land of equivalent size legislated to be removed from the Conjola National Park to allow for road safety improvements on the Princes Highway south of Nowra. 5. Write to the NSW Premier, Deputy Premier, Treasurer and relevant Government Ministers (Infrastructure, Planning, Transport and Regional Transport and Roads) requesting and supporting the NSW State Government’s purchase of the Manyana Beach Estate / Special Conservation Reserve for conservation and for offsetting the future impacts created by Transport for NSW (TfNSW) and the representations also be sent to the relevant Shadow Ministers and The Greens NSW Parliamentary Representatives |
Details
Manyana Matters have been campaigning since the conclusion of the 2019/2020 Currowan Bushfire to save, for conservation purposes, the unburnt parcel of bushland in Manyana known as the Manyana Beach Estate or to the locals as the Manyana Special Conservation Reserve.
The NSW Parliament recently debated a bill introduced to revoke 16 hectares of land for the widening of the Princes Highway. This presents a unique opportunity for TfNSW to purchase the unburnt portion of land for conservation and add it to the Conjola National Park.
I seek Council’s support to write to the relevant Ministers and other key stakeholders to bring this opportunity to their attention. I also seek to rescind the previous position of Council that sought compensation to Council should any purchase of this land be considered.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
MM22.22 Mayoral Minute - Condolences - Uncle Jack Charles, Actor & Revered Aboriginal Elder
HPERM Ref: D22/397130
That Council acknowledges the passing of Uncle Jack Charles and pass condolences onto Uncle Jacks family.
|
Details
Actor, musician and revered Victorian Aboriginal elder Uncle Jack Charles known as the “father of black theatre” has passed away peacefully, surrounded by his family on 13 September 2022, after suffering a stroke at the age of 79.
Uncle Jack was a proud Boon Wurrung, Dja Dja Wurrung, Woiwurrung and Yorta Yorta man, he achieved many things in his remarkable life: Elder, actor, musician, potter, activist, mentor, a household name and voice loved by all.
Uncle Jack was a co-founder of Australia’s first Indigenous led theatre group in Melbourne and he was awarded this year’s NAIDOC Male Elder of the Year, who had links to several other clans across south-eastern Australia
Shoalhaven City Council acknowledges the passing of Uncle Jack Charles and sends condolences to his family and friends.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
MM22.23 Mayoral Minute - Congratulations Clr Wells - Awarded Life Membership - Illawarra Academy of Sport
HPERM Ref: D22/397026
That Council: 1. Write to Councillor John Wells acknowledging and congratulating him on being awarded Life Membership to the Illawarra Academy of Sport. 2. Write to Paul Knight the incoming President of Illawarra Academy of Sport, congratulating him on becoming the first Aboriginal president.
|
Details
Illawarra Academy of Sport (IAS) has announced, Paul Knight is their new President. Paul was the former Chief Executive of Illawarra Aboriginal Land Council. Paul is the first Aboriginal president for the IAS. Paul will take over from Councillor John Wells who, although did not renominate for the President’s position, will remain on the IAS Board.
Councillor John Wells has served a remarkable 26 years on the IAS, the last five years as president and 8 years previous to that as Vice President. Councillor John Wells has assisted over 5,000 students being granted scholarships during his time on the IAS.
The IAS has recognised Councillor John Wells’ contribution as President and long-term Director of the IAS over the last 26 years by awarding him life membership.
Background
Whilst Councillor John Wells tenure as a member and a Director of IAS extends for over 26 years, his most recent position as Chair and President of the organisation has highlighted the skills and expertise that Councillor Wells has demonstrated throughout that time. With a series of staff turnover and the Illawarra Academy of Sport being placed in a pivotal position, Councillor Wells accepted the role of President, with a real intent of securing an improved financial position and a focus on providing stronger governance for the future.
Appointed in 2017, Councillor Wells oversaw the strong rebuilding of the organisation to the heightened and respected position that it currently holds. A revision of staff, revised allocation of duties and the development of the 2017-21 Strategic Plan established the platform that the IAS held and further revised in 2021.
An unprecedented level of support for the athletes through the coordinated and combined support of each of the Council areas as well as the increased sponsorship required to maintain the organisation ensued. Councillor Wells has been instrumental in building the relationships with each of the Councils within the catchment area, whilst remaining steadfastly focused upon the provision of support without an initial outlay of financial input by the parents to be a part of the IAS.
Councillor John Wells’ leadership and sage advice has proven to place the IAS in a better position, but it is his ability to hear an alternative view, accept a position that might not have been his initial view and fight for a better outcome that places Councillor Wells as a leader within the community and a respected member of all within the Academy.
On behalf of Shoalhaven City Council, I extend congratulations to Councillors John Wells on being Awarded Life Membership of the Illawarra Academy of Sport.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.448 Report of the Shoalhaven Sports Board - 24 August 2022
HPERM Ref: D22/387583
Attachments: 1. Draft Sportsgrounds Management Policy ⇩
2. Proposed changes - Draft Sportsgrounds Management Policy ⇩
3. Draft Elite Athlete Support Program Policy ⇩
4. Draft Sports Grants Program (Capital Works) Policy ⇩
SB22.18 Policy Review - Sportsgrounds Management |
HPERM Ref: D22/286646 |
Recommendation That Council adopt the Sportsgrounds Management Policy, as endorsed by the Shoalhaven Sports Board.
|
SB22.19 Policy Review - Elite Athlete Support Program |
HPERM Ref: D22/286735 |
Recommendation That Council adopt the Elite Athlete Support Program Policy, as endorsed by the Shoalhaven Sports Board.
|
SB22.20 Policy Review - Sports Grants Program (Capital Works) |
HPERM Ref: D22/286745 |
Recommendation That Council adopt the Sports Grants Program (Capital Works) Policy, as endorsed by the Shoalhaven Sports Board.
|
SB22.21 Additional Item - Sporting Event List / Report |
Recommendation That: 1. The Shoalhaven Sports Board receive regular updates/reports on sporting events that have been bid for or secured, similar to the report previously provided to the Shoalhaven Tourism Advisory Group. 2. Council write to all sporting bodies, associations and clubs and request that if they are hosting any type of large event the sporting body notify the Shoalhaven Sports Board.
|
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.449 Report of the Inclusion & Access Advisory Group - 29 August 2022
HPERM Ref: D22/392466
IA22.15 Additional Item - Funding Program for Accessibility to Shops |
Recommendation That Council: 1. Request staff to provide a Briefing to Councillors in relation to the funding program/campaign for accessibility of shop frontages. 2. Request staff be invited to make a presentation to the Nowra CBD Revitalisation Strategy Committee to request that the funding program for accessibility of shop frontages be reactivated. 3. Request the Media Team to run a campaign to educate businesses about accessibility issues in conjunction with relevant Directorates to include: a. Development and compliance matters b. Economic development factors c. Community accessibility considerations; and 4. Staff liaise with the Nowra CBD Revitalisation Strategy Committee Chair in relation to part (3).
|
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.450 Election of Deputy Mayor
HPERM Ref: D22/348088
Department: Business Assurance & Risk
Approver: Sara McMahon, Manager - Business Assurance & Risk
Attachments: 1. Office of Local Government Factsheet – Election of Mayor and Deputy Mayor released September 2018. ⇩
2. 2022 Nomination Form - Election of Deputy Mayor ⇩
Reason for Report
To consider the election of a Deputy Mayor.
That Council: 1. Elect a Deputy Mayor for a period of office of either 12 months (to September 2023) or Two (2) years (to September 2024) 2. Conduct an election (by show of hands) for Deputy Mayor for the resolved period.
|
Options
1. Elect and appoint a Deputy Mayor (as recommended).
Implications: Council will continue to have an elected Deputy Mayor to assist with mayoral duties in the absence of the Mayor.
2. Not appoint a Deputy Mayor at this time.
Implications: Without an elected Deputy Mayor in place, Council would need to manage and where possible reassign duties of the Mayor when absent. This would include election of chairperson of Council Meetings when the Mayor is not present and/or election of a Deputy Mayor when an extended absence occurs. This approach may result in delay or gaps or an inconsistent approach in addressing mayoral duties in the Mayor’s absence.
Background
Under the provisions of Section 231 of the Local Government Act 1993 (LG Act) the Councillors may elect a person from among their members to be the Deputy Mayor. A Deputy Mayor may be elected for the Mayoral term or a shorter term.
The practice of the Council has traditionally been an appointment for 12 months.
The current options for Council to determine with respect to the tenure of the election for these roles are:
· The period from October 2022 until September 2023 (12 months)
· The period from October 2022 until September 2024 (2 years)
The Deputy Mayor may exercise any function of the Mayor at the request of the Mayor or if the Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of the Mayor.
The Deputy Mayor also has a specific function under Section 369:
“369 Who presides at meetings of the Council?
(1) The Mayor or, at the request of or in the absence of the Mayor, the Deputy Mayor (if any) presides at meetings of the Council.
(2) If the Mayor and the Deputy Mayor (if any) are absent, a Councillor elected to chair the meeting by the Councillors present presides at a meeting of the Council.”
The Returning Officer for the Election will be the Director – City Performance (Kevin Voegt). Completed nomination forms are requested to be submitted to the Returning Officer prior to Midday on Monday, 26 September 2022.
Schedule 7 of the Local Government (General) Regulation 2021 prescribes three methods of election of these positions:
· open ballot (e.g. a show of hands)
· ordinary ballot, or
· preferential ballot.
The method of election is as outlined in the Attachment 1, being the Office of Local Government Factsheet – Election of Mayor and Deputy Mayor released September 2018.
The Nomination forms are provided under separate cover for use by Councillors. Additional forms are available from the Director – City Performance.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.451 Determination of Date & Time of Council Meetings & Councillor Briefings
HPERM Ref: D22/348203
Department: Business Assurance & Risk
Approver: Sara McMahon, Manager - Business Assurance & Risk
Attachments: 1. Proposed Meeting Dates ⇩
Reason for Report
To consider options in setting time, date, and place for the Council meetings for November 2022 – October 2023.
That Council: 1. Adopt a schedule of Ordinary Meeting dates as per the attached schedule (Attachment 1 to this report) providing for two (2) Ordinary Council Meetings per month held on a Monday subject to the following: a. Meetings and briefings not being held on public holidays or during the following periods: i. Christmas / New Year break – 23 December 2022 – 20 January 2023 ii. Easter break – 7 to 10 April 2023 iii. Australian Local Government Association National General Assembly – 18 to 21 June 2023 – (indicative dates not yet confirmed) iv. Mid-year Council Recess - July 2023 NSW school holidays– 3 to 14 July 2023 v. The 2023 Annual Conference of Local Government NSW - 22 to 24 October 2023 – (indicative dates not yet confirmed) 2. Reaffirm the authorisations to the Chief Executive Officer as set out in the report. 3. Determine the start time for Council meetings to be generally at 5.30pm. 4. Determine the start time for Councillor Briefings to be generally at 5.00 pm. 5. Reaffirm its current practice to hold deputation as part of the Ordinary Meeting.
|
Options
1. As recommended – continuing current arrangements
Implications: A proposed meeting schedule continuing current arrangements is outlined in Attachment 1 to the report. There are several efficiencies this model has proven as outlined in the report. Any amended schedule of meetings would need to cater for public holidays and other required times when
2. Adjust the day, time, schedule and/or arrangements for Council Meetings to an alternate model.
Implications: To facilitate the Council’s consideration of alternate options it is recommended that the Council adopt the recommendation outlined in the report for the period to December 2022 to allow, briefing and implementation of any new arrangements to be put in place. It is noted adjustment to the current arrangements, may require a relative adjustment to business paper delivery timeframes and other related matters.
Background
Council’s Code of Meeting Practice states that “The Council shall, by resolution, set the frequency, time, date and place of its ordinary meetings” in accordance with Section 365 of the Local Government Act (namely at least ten times each year, each time in a different month).
How and when Council meetings are held is up to each Council to decide, although the Local Government Act 1993 requires Council to meet at least 10 times a year, each time in a different month.
Councillors should be given at least three days’ notice of meetings, except for extraordinary meetings called in an emergency.
All formal Council meetings must be held in accordance with requirements in the Local Government Act 1993, the Local Government (General) Regulation 2021 (Regulation) and the Council’s Code of Meeting Practice to determine a schedule of meetings the Council needs to determine the decision-making structure it wishes to put in place.
The decision-making structure of the Council.
The Local Government Act establishes the Council as the decision-making body with respect to the functions of the Council. In practice, decisions can be made by the Elected Council (at Ordinary and Extra Ordinary Meetings) or by an individual or body under Delegated Authority.
The Local Government Act at Section 377 sets that the Council may delegate functions of the Council (other than some specific listed functions) to the CEO or any other person or body (not including another employee of the Council). A separate report is provided on the Agenda of this Meeting to outline proposed delegations to be provided to the CEO and Mayor of the Council in the form of an Instrument of Delegation.
In addition to Council meetings, Councils can establish Committees to oversee specific functions, projects or programs and report back to the Council on those matters. A Council Committee is one where members of the Committee are Councillors only. (As opposed to Advisory Committees which have other members, such as community representatives.)
Council must specify the function, purpose, and delegation of each of its committees when such a Committee is appointed but may amend those functions or purpose and delegation from time to time.
Establishing ‘Council Committees’
A Council Committee is to consist of The Mayor, and such other Councillors as are elected by the Councillors or appointed by Council only.
The Chairperson of each Council Committee (i.e., a committee consisting of only Councillors) of Council must be:
a) The mayor; or
b) If the Mayor does not wish to be the Chairperson of the Committee – a member of the Committee elected by the Council; or
c) If the Council does not elect such a member – a member of the Committee elected by the Committee.
The Committee must be chaired by the Mayor, or a Chair elected from its membership or by the Council. The Mayor does not have to be the Chair of the Committee.
The meetings of Council Committees are required to be conducted in accordance with the meeting rules prescribed under the Act, the Regulation and Council’s Code of Meeting Practice.
Each Councillor, whether a member of a Committee or not, is entitled to attend and speak at a meeting of a Council Committee. However, only Councillors who are members of the Committee are entitled to put business on the Committee’s agenda, move or second a motion at the Committee meeting, or vote at the meeting.
Frequency/Date and Time of Meetings
The Council may set the times and days of meetings and briefings to suit their requirements. When considering times and dates, Council should consider:
- Availability of all Councillors for the majority of meetings (where possible to achieve)
- Accessibility of members of the public to attend meetings where required (in addition to webcasting)
- Work, Health and Safety of Councillors and Staff to attend and travel to and from the meetings.
- Provisions of the Code of Meeting Practice (e.g., The current Code sets that meeting must conclude by 10pm)
- Achieving an efficient and effective use of resources for the decision-making requirements of the Council.
Meeting Business papers are required to be provided to the Council 3 days prior to the meeting.
Current Practice
In February 2022 at Council established a starting time for Ordinary meetings at 5.30pm, with two (2) Ordinary Meetings held per month. These meetings include in the order of business the hearing of deputations.
Briefing sessions are usually held on Thursdays preceding those meetings from 5pm (concluding at 7pm or before). These are confidential sessions.
The current practice is for reports are usually published and provided to Councillors on the Wednesday afternoon prior to a briefing held the next day (Thursday) and the meeting held on the following Monday.
Reflections on current ordinary meeting arrangements
Council resolved at its inaugural Ordinary meeting, Tuesday 25 January 2022 (MIN22.11) to disestablish its core committees being the Development and Environment Committee and the Strategy and Assets Committee and that “ A future review to be undertaken (determined by the CEO) to review the success of the change from Committees to Ordinary“
Changing the day of Council Meetings from a Tuesday to a Monday allowed time in the schedule to publish the Business Paper each Wednesday proceeding the meeting, allowing consideration by the Councillors of the reports prior to the briefing sessions held on Thursdays.
Council has not received any negative feedback from the community since the disestablishment of the “Core” Committees.
Further to this, Council staff have been monitoring the success of the two Ordinary meetings per month since implementing these arrangements.
During the period of January to August 2022 the Council has considered 339 reports. 52% of items were moved en bloc and the average meeting length has been 3 hrs 24 Mins. No meeting during this time has had more than 2 items on one paper that have been discussed for longer than 30mins each. During the term of the current council ‘the motion be put’ procedure has been used a total of 4 times and two (2) items in the period were debated in Committee of the Whole.
With the above mentioned statistics in mind the current practice of two Ordinary Meetings it is recommended by staff that Council continue with the current format.
Deputations / Public Forums
Upon adopting the Code of Meeting Practice at the Council Meeting, at its Ordinary Meeting in June 2022, Council determined that it did not wish to remove the deputations from Ordinary Meetings to a separate Public Forum model and it was resolved (MIN22.4)
That Council:
1. Adopt the Draft Code of Meeting Practice as attached to the report with the following amendments which reflect the status quo:
a. The Public Forum (deputations) be retained within the Council Meeting
b. Council Meetings commencing at 5.30pm
2. Receive a Councillor Briefing / Workshop to allow for further discussion on options for Public Forums
3. Following the conclusion of Part 2 (above) a report be submitted to Council providing a further draft revision of the Code of Meeting Practice for adoption.
To date a briefing has not occurred to consider further options or changes to the deputations/ public forum model due to other business before the Council.
Should the Council in considering the information outlined in this report, still wish to reconsider the options for a change from the current deputations model, a briefing will be scheduled to discuss a range of options which include consideration of: appropriate days and time of a separate Public Forum model. It is staff recommendation however that Council reaffirm its current practice to hold deputation as part of the Ordinary Meeting at this time.
Authorities provided to the Chief Executive Officer with respect to meeting arrangements.
As is the usual practice, it is recommended that Council resolve to provide the following authorisation to the Chief Executive Officer to enable the smooth scheduling and conduct of meetings without Council resolution:
a) Calling of any Briefing Sessions or Meetings of any established Committees: the Chief Executive Officer be authorised to call Special Meetings or Briefing Sessions for any of the Core or Advisory Committees and Boards.
b) Commencement Time for any regular Council Committees: The Chief Executive Officer be authorised to make changes to the commencing time for Council Committees where appropriate.
c) Advisory Committees – Frequency of Meetings: Advisory Committees to meet as adopted by Council subject to Chief Executive Officer, in consultation with the Chairperson, being authorised to call meetings on a more regular basis to consider urgent and/or important business.
c) To allow the Chief Executive Officer to consider alternate venues for the Ordinary Meeting of Council in special circumstances (noting that Webcasting services will be required)
Financial Implications
The frequency and time dedicated to Council Meetings has a direct correlation with the administrative costs of those meetings.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.452 Ordinary Meeting - Order of Business
HPERM Ref: D22/348217
Department: Business Assurance & Risk
Approver: Kevin Voegt, Director - City Performance
Reason for Report
To determine the Order of Business for meetings of the Council (other than an Extra Ordinary meeting).
That Council adopt the Order of Business for the Ordinary Meetings of Council as follows: 1. Acknowledgement of Country 2. Moment of Silence and Reflection 3. Australian National Anthem 4. Apologies/Leave of Absence 5. Confirmation of Minutes 6. Declarations of Interest 7. Presentation of Petitions 8. Mayoral Minutes 9. Deputations & Presentations 10. Call Over of the Business Paper 11. A Committee of the Whole (if necessary) 12. Report of Committees 13. Report of the Shoalhaven Traffic Committee (if required) 14. Officers Reports 15. Notices of Motion and Questions on Notice 16. Addendum Reports 17. Confidential Reports *If any items of business require attendance of specialist staff (e.g., Legal, Insurance, Property) then Council will generally consider those items following the Deputations
|
Options
1. Council adopts the order of business as shown in the recommendation.
2. Council changes the order of business by removing or altering the order of items of business.
Background
Council’s Code of Meeting Practice provides that “the Order of Business” on the Agenda for Council and Committee Meetings be as fixed by the Code or by resolution of Council. In accordance with Clause 8.1 of the Code of Meeting Practice the Council should now adopt a general order of business which applies to its meetings in this new term.
The Order of Business outlined in the recommendation is the Order of Business which was previously resolved by the current elected Council 25 January 2022.
For practical reasons, the welcoming aspects of the meeting should occur at the beginning of the meeting before the business of the meeting is dealt with.
With respect to the business of the Meeting, any Mayoral Minute will take precedence over all business on the Council’s agenda for the meeting, as outlined at 9.7 of the Code of Meeting Practice. There is no specified order for business following the Mayoral Minutes required under the Local Government Act or Regulations.
The Council may pass a resolution at any meeting to change the order of business for that meeting (Clause 8.2) or move into Committee of the Whole to discuss an item (Clause 12.1).
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.453 Community Consultation & Committee System
HPERM Ref: D22/383146
Department: Business Assurance & Risk
Approver: Sara McMahon, Manager - Business Assurance & Risk
Attachments: 1. Committee list (under separate cover) ⇨
Reason for Report
To determine the Councillor membership, confirm or disband the purpose/objective, delegated authority and quorum of Council’s Committees.
That Council 1. Continue the operation of the following Committees, Boards & Reference Groups pursuant to Section 355 – Local Government Act and pursuant to Section 377 with purpose, delegation and sitting fee (if applicable), membership and quorum as outlined in the attachment to the report: a. Audit, Risk and Improvement Committee (39763E) and authorise the Committee to carry out the roles and responsibilities in accordance with the Audit Committee guidelines published by the Office of Local Government and Council’s Audit, Risk & Improvement Committee charter. b. Senior Staff Contractual Matters Committee (5001E). c. Northern Floodplain Risk Management Committee (59952E) d. Central Floodplain Risk Management Committee (59951E) e. Southern Floodplain Risk Management Committee (59950E) f. Northern Coastal Management Program Advisory Committee (64354E) g. Central Coastal Management Program Advisory Committee (64355E) h. Southern Coastal Management Program Advisory Committee (64356E) i. Aboriginal Advisory Committee (1209E) j. Homelessness Taskforce Shoalhaven (55584E) k. Inclusion and Access Advisory Group (1228E) l. Natural Area Volunteers Group (42643E) m. Nowra CBD Revitalisation Strategy Committee (50242E) n. Rural Fire Service Strategic Planning Committee (1227E) o. Shoalhaven Arts Board (2123E) p. Shoalhaven City Mayor’s Relief Fund (3926E) q. Shoalhaven Economic Growth Advocacy (SEGA) Group (70630E) r. Shoalhaven Entertainment Centre Councillor Reference Group (61867E) s. Shoalhaven Heads Estuary Taskforce (45866E). t. Shoalhaven Motor Sports Working Group (69319E) u. Shoalhaven River Festival Committee (59829E) v. Shoalhaven Sports Board (12623E) w. Strategic Planning Working Party (65374E) x. Youth Advisory Committee (1506E) 2. Appoint Councillor and staff membership of each Committee or Board as outlined in the Attachment to the report.
|
Options
1. That Council adopt the Committees with their purpose, terms of reference, delegations, membership and meeting frequency, as outlined in the attachment.
Implications: This will continue current resourcing allocations and community membership.
2. That the proposed list of Committees be altered, and/or those purpose, terms of reference, delegations, membership and meeting frequency, be amended.
Implications: Dependent upon the extent of the amendments, resources for the administration and support of Committees and other resource allocations may be impacted.
Background
At the commencement of each term, the Council establishes its process of community consultation in terms of advisory and other Committees to inform the Council. These Committees are reviewed each year, usually in September, and other amendments are proposed to the Council throughout the term, when identified or required.
The attachment and this report outline the Councillor and staff representation for Council’s existing Committees and boards as determined at the Ordinary Meeting 25 January 2022.
The Council may wish to remove, amend the purpose and objectives or reappoint the Committee or Board by determining Councillor and staff representative members for the ensuing 12-month period.
The Terms of Reference of Committees and Boards are considered to be policies of the Council and may be viewed on the Policies section of the Council website which is listed in alphabetical order.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.454 Council Representatives on Other Committees or Organisations Outside of Council
HPERM Ref: D22/384705
Department: Business Assurance & Risk
Approver: Sara McMahon, Manager - Business Assurance & Risk
Reason for Report
To confirm the list of Council representatives on Other Committees or Organisations Outside of Council.
That Council resolve the representative membership of Councillors and other delegates on other Committees or Organisations Outside of Council for the period to 30 September 2023.
|
Options
1. Council confirm membership as per the recommendation.
2. Council changes the membership of Councillors and other delegates on other Committees or Organisations Outside of Council.
Background
Details of the other committees or organisations in which Council has an interest, along with their respective purpose and current membership, are listed below.
a)
Purpose: To advocate of behalf of coastal councils. It also commissions research on behalf of councils in coastal areas in relation to a range of coastal issues.
Note: The Committee of Management is a separate entity and nominations are called every two years. The representative(s) nominated below perform a liaison role only. The Association has confirmed that Council would be able to nominate a Councillor &/or a staff member. |
|
2022 Council Members |
2022-2023 Council Members |
Clr Christen |
Clr |
b)
2022 Council Members |
2022-2023 Council Members |
Unit Manager - Bereavement Services |
Unit Manager - Bereavement Services |
c)
Purpose: Healthy Cities Illawarra is a community based, non-profit organisation that is part of a worldwide movement initiated by the World Health Organisation, committed to improvement of health, environment and the quality of life within the Illawarra community. |
|
2022 Council Members |
2022-2023 Council Members |
Clr Gray Clr D’Ath – Alternative representative |
Clr Clr or CEO (or nominee) Clr – Alternative representative |
d)
Illawarra Academy of Sports – 2388E |
|
Purpose: To develop outstanding young community citizens who utilise their sporting talents and role model status in a positive manner within the Illawarra Region. |
|
2022 Council Members |
2022-2023 Council Members |
Mayor Appointed Representative – Clr Wells (also Chair of IAS) |
Mayor Appointed Representative – |
e)
The functions of the ISJO are: Core Functions: · Regional Strategic Planning, including high level planning across the quadruple bottom line · Inter-Governmental Collaboration, working closely with the NSW Government as well as the Australian Government and other councils and JOs · Regional Leadership and Advocacy, as the preeminent regional voice for councils and communities Optional Functions: · Enhancing Regional Strategic Capacity, to support member councils to deliver services to their communities · Regional Service Delivery, to provide services directly to communities within the region. The Illawarra Shoalhaven Joint Organisation is comprised of representatives from Shellharbour; Kiama; Wollongong & Shoalhaven Councils. |
|
2022 Council Members |
2022-2023 Council Members |
Clr Findley – Mayor Clr Butler Clr White (alternate delegate) |
Mayor Clr Clr (alternate delegate) |
f) Note: The membership of this Committee consists of one representative from each sector. Clr Findley and Clr Pakes were appointed for a 4-year term. Clr Findley has also been appointed as Chairperson for this committee, the Chair role being appointed to Clr Findley as an individual member which does not transfer to any representative nominated by SSC. We were advised in late 2021 that the Jervis Bay Marine Park Director General will make contact to seek nominations to fill any vacancies created by the 2021 Local Government Elections, however no correspondence has been received from the Director General.
Purpose: Advise the Ministers and the Marine Parks Authority (NSW) on the management of the Park and: · The conservation of the marine biological diversity within the Marine Park · The ecologically sustainable use of the Marine Park · The public use and enjoyment of the Marine Park |
|
2022 Council Members |
2022-2023 Council Members |
Clr Findley Clr Christen (alternative representative) Clr Ell (alternative representative) |
Clr Findley Clr (alternative representative)
|
g) Note: The Mayor & General Manager are members under the constitution. Council may wish to appoint an alternate delegate.
NSW Country Mayors Association – 14214E |
|
Purpose: The NSW Country Mayors Association is a group that comprises Mayors and General Managers, or their representatives, from country areas of NSW under its constitution. Note: The Mayor & General Manager are members under the constitution. Council may wish to appoint an alternate delegate |
|
2022 Council Members |
2022-2023 Council Members |
Clr Findley – Mayor Clr Butler – Deputy Mayor (alternate delegate) Stephen Dunshea - CEO |
Mayor Deputy Mayor (alternate delegate) CEO |
h)
NSW Public Libraries Association – 14214E |
|
Purpose: The New South Wales Public Libraries Association (NSWPLA) is the peak body for public libraries in New South Wales. The organisation advocates for the public library cause, provides relevant information to stakeholders, fosters cooperation and collaboration, and strengthens the public library network. |
|
2022 Council Members |
2022-2023 Council Members |
Clr Butler Library Services Manager |
Clr Library Services Manager |
i)
Rural Fire Service Shoalhaven District Liaison Committee – 2122E |
|
Purpose: The Liaison Committee will: a. Monitor and periodically review the performance of this Rural Fire District Service Agreement by the Council and the RFS; b. Review the following documents prepared by the District Manager prior to submission to and consideration by the Council: i. The annual budget and business plan; and ii. The quarterly financial and performance reports |
|
2022 Council Members |
2022-2023 Council Members |
Clr Christen Clr Ell CEO (or nominee) |
Clr Clr CEO (or nominee) |
j)
Shoalhaven Bush Fire Management Committee – 2820E |
|
Purpose: Under the Rural Fires Regulation 2002 – Part 3, At the request of the Bush Fire Co-ordinating Committee: · Assist the Bush Fire Co-ordinating Committee in the performance of its functions under Section 48 of the Act; · Assist the Bush Fire Co-ordinating Committee in the performance of its functions under Sections 60(2) and 63(4) of the Act; · Draw to the attention of the following in regard to any matter it considers relevant to the protection of land, life, property or the environment in that area from the impact of bush fires: § The Bush fire Co-ordinating Committee; or § A public authority exercising its functions in the Bush Fire Management Committee’s area. Note: The Committee has no power to conduct or take part in firefighting or fire prevention operations authorised by the Act, this regulation or any other Act or statutory instrument. |
|
2022 Council Members |
2022-2023 Council Members |
Clr Christen Clr Norris CEO (or nominee) as an observer |
Clr Clr (Alternate) CEO (or nominee) as an observer |
k)
Shoalhaven Traffic Committee – 1491E |
|
Purpose: The Traffic Authority has delegated certain powers to Councils in respect of the provision of Traffic control facilities and traffic management measures on public streets. The exercise of such powers is conditional upon the Council forming a Local Traffic Committee and seeking its advice /approval before as traffic facility/traffic management measure is implemented or removed. NOTE- the Local Traffic Committee is not a Committee appointed by Council under the Local Government Act but a Committee to be formed by Council in the exercise of its delegated powers. Councillor members are considered informal members who may contribute to discussion but may not vote. The recommendations from the Shoalhaven Traffic Committee are approved by the Director City Services under delegation of Council (MIN21.411) unless a Councillor requests that a specific item be considered at an Ordinary Meeting. |
|
2022 Council Members |
2022-2023 Council Members |
Informal – Clr White Informal – Clr Norris CONVENOR/CHAIRPERSON - As appointed by the Director City Services |
Informal – Clr Informal – Clr Informal – Clr CONVENOR/CHAIRPERSON - As appointed by the Director City Services |
l)
Purpose: To provide control and manage libraries or library services within the areas of the Member Councils upon the terms and subject to the conditions specified in the agreement Note: The member Councils are Shoalhaven City Council and Kiama Municipal Council. In accordance with the South Coast Cooperative Libraries Agreement the committee must meet at least once a year (for an AGM) and the membership must consist of a Councillor, Director responsible for Library Services and a Library Manager from each participating Council. |
|
2022 Council Members |
2022-2023 Council Members (suggested) |
Clr D’Ath Director City Lifestyles Manager - Library Services |
Clr Director City Lifestyles Manager - Library Services |
m)
South Coast Correctional Centre Community Consultative Committee – 4043E |
|
Purpose: · To assist in the development and maintenance of a positive relationship with the local community · To provide a forum for local community consultation and comment on correctional programs and procedures · To facilitate the involvement of the local community in correctional centres programs · To provide a mechanism to identify appropriate programs in which the correctional centre can participate and assist in the local community · To assist in the establishment of worthwhile community partnerships |
|
2022 Council Members |
2022-2023 Council Members |
Clr D’Ath Clr Watson Mr Paul Keech - Director City Services |
Clr Clr Director City Services |
n)
Board of the South Coast Regional Arts Development Organisation Committee – 4043E |
|
Purpose: · To assist in the development and maintenance of a positive relationship with the local community · To provide a forum for local community consultation and comment on correctional programs and procedures · To facilitate the involvement of the local community in correctional centres programs · To provide a mechanism to identify appropriate programs in which the correctional centre can participate and assist in the local community · To assist in the establishment of worthwhile community partnerships |
|
2022 Council Members |
2022-2023 Council Members |
Clr Gray Appropriate staff member as support person and proxy |
Clr Gray Appropriate staff member as support person and proxy |
o)
Purpose: To improve the transport network to enhance economic development within the region. Note: Council is entitled to one voting delegate but may also nominate alternative delegates (Councillors &/or staff). |
|
2022 Council Members |
2022-2023 Council Members |
Clr White Clr Ell (Alternate delegate) Clr Copley (Alternate delegate) |
Clr Clr (Alternate delegate) Clr (Alternate delegate) |
p)
South East Regional Weeds Committee – 52451E |
|
Purpose: The purpose of the RWC is to provide ‘tenure neutral’ strategic planning and coordination of weed management activities at the regional level. These activities play an integral part in an overall state weed management framework.
The RWC is a local community advisory group under the provisions of Section 33 of the Local Land Services Act 2013.
The RWC is established to: · Support implementation of the weeds components and underlining principles of the NSW Biosecurity Strategy, NSW Biosecurity Act and the NSW Invasive Species Plan 2015-2022; · Provide advice to the Board regarding delivery weed functions for the Local Land Services (LLS) consistent with the Local Strategic Plan; · To develop innovative and effective regional weed management strategic plans that consider risks, include all land tenure, and major stakeholders in the landscape; and · Provide a forum for the community and stakeholders in decision making, and develop communication education and awareness programs based on local and/or regional priority weeds and issues. |
|
2022 Council Members |
2022-2023 Council Members |
Biosecurity Coordinator (Scott Galbraith) |
Biosecurity Coordinator (Scott Galbraith) |
q) Note: The SRPP is made up of five members. Three of these are independent experts appointed by the Minister for Planning. The other two are Council representatives. The council appointed members can either be councillors, community members or a combination of both. If Council decides to appoint community representative(s) a formal expression of interest will need to be held.
Section 4.4 of the Sydney and Regional Planning Panel Operational Procedures states that two council members are appointed by each council. At least one council member must have expertise in one or more of the following areas:
· planning,
· architecture,
· heritage, the environment,
· urban design,
· land economics,
· traffic and transport,
· law,
· engineering
· tourism.
In confirming your nominations Council must indicate which member is an expert and in which field.
Southern Regional Planning Panel – 39782E |
|
Meetings per year: As required |
|
Purpose: To determine regionally significant development applications |
|
2022 Council Members |
2022-2023 Council Members |
No members appointed |
|
Sitting Fees - A sitting fee of $400.00 per meeting is paid to the Council and Community Representatives |
r)
Southern Water Services Pty Ltd – 4043E |
|
Purpose: To operate in a commercial way under the Companies Act on a similar basis to any other trading Company. Note: Southern Water Services is a Council owned company formed in 1998 with permission from the Minister of the day. Its constitution states that the Company was formed to “undertake the provision of water, sewerage and related services”. It currently has no relationship with Shoalhaven Water operations or staff. |
|
2022 Council Members |
2022-2023 Council Members |
No members nominated Ms Vanessa Phelan – Secretary |
Clr Clr Clr Clr Clr Ms Vanessa Phelan – Secretary |
s)
Ulladulla Harbour User Group – 4043E |
|
Purpose: To assist Transport for NSW (Maritime Infrastructure Delivery Office – MIDO) to resolve operational matters and identify emerging issues in relation to operation and maintenance of coastal infrastructure including Ulladulla Harbour. |
|
2022 Council Members |
2022-2023 Council Members |
Commercial Services Manager |
Commercial Services Manager |
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.455 2023 Conferences
HPERM Ref: D22/348235
Department: Business Assurance & Risk
Approver: Kevin Voegt, Director - City Performance
Reason for Report
To provide details of various conferences from December 2023 which may be deemed as Council business to facilitate registration of Councillors.
That Council 1. Authorises available Councillors to attend the following conferences and such attendance be deemed Council Business a. Local Government Planning & Environmental Law Conference 2023 b. Waste 2023 Conference c. 2023 OzWater Conference d. NSW Coastal Conference e. 2023 National Local Roads & Transport Congress f. 2023 National General Assembly of Local Government g. 2023 Australian Local Government Women’s Association NSW State Conference h. 2023 LGNSW Annual Conference i. International Cities and Town Centres Conference (If held in Australia) j. 2023 NSW Local Government Aboriginal Network Conference k. 2023 Global Eco Asia-Pacific Tourism Conference l. LGNSW International Women’s Day- March 2023 m. IPWEA NSW & ACT Annual Roads Congress n. SEGRA Conference o. Australian Regional Tourism Convention p. LGNSW Locally Led Event Breakfast q. Cities Power Partnership’s National Summit r. Annual National Economic Recovery and Development Forum 2. Require that travel, registration fees, accommodation and all reasonable out-of-pocket expenses be met in accordance with Council members – Payment of Expenses and Provision of Facilities Policy 3. Request Councillors attending the conference to provide a written report within 30 days of returning from the conference.
|
Options
1. As per the recommendation. Additional information on conferences which is not available at the time of publication of the report will be provided to the Councillors.
2. That Council receive an individual report for each conference.
3. That Council does not approve Councillor attendance at one or more of the listed Conferences as Council Business.
Background
In order for Councillors’ registration and associated expenses for attendance at Conferences outside the local government area to be covered by the Council Members – Payment of Expenses and Provision of Facilities Policy, a resolution of the Council is required to determine the attendance as ‘Council Business’.
The details of the Conferences available to the Council currently are as follows (note the blue underlined text below is a link to the webpage for each conference):
1. Local Government Planning & Environmental Law Conference 2023
Dates: TBD
Location: TBD
Costs of Registration: TBD
Dates: TBD
Location: TBD
Costs of Registration: TBD
Dates: 10 - 12 May 2023
Location: Sydney, NSW
Costs of Registration: $2,017.50 to $2295.50
Dates: TBD
Location: TBD
Costs of Registration: TBD
5. 2023 National Local Roads & Transport Congress
Dates: TBD
Location: TBD
Costs of Registration: TBD
6. 2023 National General Assembly of Local Government
Dates: TBD
Location: TBD
Costs of Registration: TBD
7. 2023 Australian Local Government Women’s Association NSW State Conference
Dates: TBD
Location: TBD
Costs of Registration: TBD
8. 2023 LGNSW Annual Conference
Dates: TBD
Location: TBD
Costs of Registration: TBD
9. International Cities and Town Centres Conference (if held in Australia)
Dates: TBD
Location: TBD
Costs of Registration: TBD
10. 2023 NSW Local Government Aboriginal Network Conference
Dates: TBD
Location: TBD
Costs of Registration: TBD
11. 2023 Global Eco Asia-Pacific Tourism Conference
Dates: TBD
Location: TBD
Costs of Registration: TBD
12. LGNSW International Women’s Day- March 2023
Dates: TBD
Location: TBD
Costs of Registration: TBD
13. IPWEA NSW & ACT Annual Roads Congress
Dates: TBD
Location: TBD
Costs of Registration: TBD
14. SEGRA Conference
Dates: TBD
Location: TBD
Costs of Registration: TBD
15. Australian Regional Tourism Convention
Dates: TBD
Location: TBD
Costs of Registration: TBD
16. LGNSW Locally Led Event Breakfast
Dates: TBD
Location: TBD
Costs of Registration: TBD
17. Cities Power Partnership’s National Summit
Dates: TBD
Location: TBD
Costs of Registration: TBD
18. Annual National Economic Recovery and Development Forum
Dates: TBD
Location: TBD
Costs of Registration: TBD
For those conferences where details of the Conferences were not available at the time of this report, Councillors will be advised by email of the specific details. Councillors will also be advised further in relation to the above conferences, as conference dates get closer, and will be provided updates of changes in conference arrangements if and when they occur.
It is acknowledged that the above list may not include all conferences which may be available in the upcoming year. Conferences additional to those listed above which warrant consideration of attendance by Councillors will be reported individually to the Council once their details are advertised.
Policy Implications
The Council Members – Payment of Expenses and Provision of Facilities Policy limits attendance at conferences to three per annum per Councillor exclusive of any conference arranged by either the Australian Local Government Association (ALGA) or NSW Local Government Associations (LGNSW).
Financial Implications
Funds are available for Councillors to attend these conferences.
The expenses relating to Councillors’ attendance at conferences and other expenses are published annually on the Council’s Website.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.456 2022/2023 Community Donations
HPERM Ref: D22/369890
Department: Business Assurance & Risk
Approver: Sara McMahon, Manager - Business Assurance & Risk
Attachments: 1. Minutes - Community Donations Assessment Panel (councillors information folder) ⇨
Reason for Report
This report seeks Council’s approval for funding to the successful applicants as determined by the Community Donations Assessment Panel.
Recommendation That Council 1. Note the information in the report outlining the process followed for the 2022/2023 Community Donations Program, including the applications received 2. Approve the funding of the 2022/2023 Community Donations recommended by the Community Donations Panel, totalling $205,168.40 to the following community organisations and community groups in the Shoalhaven:
3. Advise the remaining applicants that their applications for the Community Donations Program have been unsuccessful. 4. Sponsor the Shoalhaven Emergency Services Communication Awards as a Premier Partner to the amount of $5,000 with the sponsorship being paid from the Community Donations Budget.
|
Options
1. As recommended.
Implications: The donations (and one sponsorship) will be paid to the community organisations and groups as listed within the recommendation. This will result in funds of $210,168.40 being expended from the Community Donations funds, leaving an available balance of $26,994.60 in the Donations budget for 2022/2023.
2. That Council approve the funding as recommended by the Community Donations Panel totalling $210,168.40, as well as any additional funding being awarded to those Community organisations or groups as decided by Council.
Implications: The available balance of $26,994.60 will be reduced by any additional funds as decided by Council.
3. That Council determines funding to applicants differently to the recommendation made by the Community Donations Assessment Panel.
Implications: This could result in no availability of funds for the 2022 / 2023 financial year.
Background
Since the adoption of the Community Donations Policy by Council on 27 June 2022, the following actions have been undertaken:
1. Correspondence to past donations recipients to advise them of the new process for applying for a donation, as well as the application period opening and closing dates – 14 July to 14 August 2022.
2. Advertising and promotion of the Community Donations Program via newspaper, Facebook, Council website and radio advertising.
3. Applications closed 14 August 2022.
4. A meeting of the Community Donations Assessment Panel was held on 7 September to assess the applications received. The minutes of the Community Donations Assessment Panel meeting can be found at Attachment 1.
As part of the new procedure in accordance with the Community Donation Policy, which was adopted at the Ordinary meeting of 27 June 2022, a Community Donations Assessment Panel was formed with the purpose of independently assessing applications across different areas of Council which involved staff from Environmental Services, Community Connections, Arts & Culture, Shoalhaven Entertainment Centre, Tourism Events, Business Assurance & Risk and Governance.
The Community Donations Assessment Panel met on Wednesday 7 September 2022. (Attachment 1) The panel considered all applications received and recommended that:
- That of the 57 applications received, 46 be provided funding in full or part
- That 11 applications do not receive funding on the basis that they are ineligible under the policy criteria, do not provide sufficient information for assessment, or were not considered appropriate to fund.
- That the Shoalhaven Emergency Services Communication Awards event which is ineligible as a Community Donation be considered as in previous years as a Sponsorship under the Council’s Sponsorship Policy and be sponsored to the amount of $5,000, being the Premier level sponsorship outlined in their proposal. Funding for the Sponsorship will be made from the Community Donations Budget.
Community Engagement
Past recipients of “Allocated” and “Unallocated” donations were contacted via mail and email to advise of the new process in line with the Community Donation Policy and were encouraged to review the eligibility criteria to apply for a 2022 / 2023 donation.
Advertising was undertaken on Shoalhaven radio stations, Facebook and newspaper advertising in the Milton Ulladulla Times and South Coast Register throughout July and August.
Information, eligibility criteria and online application forms were made available via Council’s website. The application period was open for one month, from 14 July 2022 to 14 August 2022.
Financial Implications
The donations budget for the 2022/2023 financial year is $245,497.00.
Funds of $8,384.00 have already been expended from this total as shown below:
· Keeping Kin Connected – MIN22.489 $222.00
· Shoalhaven Year 12 Aboriginal Graduation Ceremony – MIN22.515 $7,000.00
· School of Arts Hire – Transitional arrangement in July 2022 $1,162.00
This leaves an available balance of $237,113 prior to the determination of the Donation Applications for 2022/2023
The Community Donations Assessment Panel recommends funding of $205,168.40 with an additional $5000 for sponsorship for the Shoalhaven Emergency Services Communication Awards. If Council resolves to approve the recommendation as outlined in the report this would leave an available balance of $26,944.60 in the Donations Budget for urgent events or items that arise through the remainder of the financial year – noting that Council has the opportunity to review remaining budget as part of each quarterly budget review.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.457 Investment Report - August 2022
HPERM Ref: D22/377508
Department: Finance
Approver: Sara McMahon, Manager - Business Assurance & Risk
Attachments: 1. Shoalhaven Monthly Report - August 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.
That Council: 1. Receive the Record of Investments for the period to 31 August 2022. 2. Note that Council’s total Investment Portfolio (excluding the Long-Term Growth Fund) returned 1.74% per annum for the month of August 2022, underperforming the benchmark AusBond Bank Bill Index (1.84% pa) by 10 basis points (0.10%). 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 August 2022 be received for information.
Implications: Nil
2. Further information regarding the Record of Investments for the period to 31 August 2022 be requested.
Implications: Nil
3. The report of the Record of Investments for the period to 31 August 2022 be received for information, with any changes requested for the Record of Investments to be reflected in the report for the period to 30 September 2022.
Implications: Nil
Background
Please refer to the attached monthly report provided by Council’s independent Investment Advisor, Imperium Markets Pty Ltd.
Portfolio Return
The overall portfolio (excluding cash) returned 0.86% p.a. for the month of August 2022, due to the negative movement of the growth fund.
The investment returns excluding growth fund were a stable 1.74% p.a., underperforming the benchmark AusBond Bank Bill Index (1.84% p.a.) by -10bp p.a.
The Reserve Bank decided to increase the cash rate target by 50 basis points to 2.35 per cent. It also increased the interest rate on Exchange Settlement balances by 50 basis points to 2.25 per cent. The Board is committed to returning inflation to the 2–3 per cent range over time.
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, slipping below it for the first time in August.
It should be noted that the Bank Bill Index will respond to increasing interest rates more quickly than Council’s average returns. This is due to Council continuing to hold term deposits at lower interest rates than currently available, resulting in average returns lower than the benchmark. As Council reinvests its maturing term deposits its returns will improve to above benchmark over the coming months.
Investment Interest Earned – August 2022
The following table shows the interest earned for the month of August 2022.
Fund |
Monthly Budget |
Actual Earned |
Difference |
General |
128,162 |
106,636 |
(21,526) |
Water |
64,208 |
84,785 |
20,577 |
Sewer |
30,519 |
54,711 |
24,192 |
Total excluding Long-Term Growth Fund |
222,889 |
246,132 |
23,243 |
The interest earned for the month of August, excluding changes in the fair value of the TCorp Long-Term Growth Fund was $246,132 compared to the monthly budget of $222,889.
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 |
Actual |
% |
General |
1,509,000 |
194,015 |
12.86% |
Water |
756,000 |
145,302 |
19.22% |
Sewer |
359,333 |
93,490 |
26.02% |
Total excluding Long-Term Growth Fund |
2,624,333 |
432,807 |
16.49% |
The cumulative interest earned for the year (July to August), excluding the change in fair value of TCorp Long-Term Growth Fund was $432,807 which is 16.49% of the current full year budget.
The tables above suggest that General Fund is under-performing against budget. It should be noted however that a portion of the $1,509,000 budget needs to be attributed to the Long-Term Growth Fund, which will be done in the September Quarterly Budget Review. This adjustment will reduce the General Fund Budget and increase the Long-Term Growth Fund by $250,000.
Following this change, the monthly budget for General Fund will be $104,917 and when compared to the actual earnings of $106,636 will also show a favourable difference. Further, the annual budget will reduce to $1,259,000. The actual YTD of $194,015 represents achievement of 15.41% of budget compared to 16.67% of the year passed.
Long-Term Growth Fund
Council’s investment in TCorp’s Long-Term Growth Fund returned a negative $95,748 or -5.72% (annualised) for the month of August 2022, partly offsetting previous significant market gains, bringing the year-to-date return to 20.05% (14.05% above 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 the rolling twelve (12) months 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 6% 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.
Cash and Restricted Assets
Record Of Investments |
||
Cash and Investment Balances |
||
$ |
$ |
|
August 2022 |
July 2022 |
|
Cash and Investments Held |
||
Cash at Bank - Transactional Account |
20,060,028 |
8,049,539 |
Cash on Hand |
20,191 |
20,391 |
Other Cash and Investments |
185,474,791 |
185,558,755 |
205,555,010 |
193,628,685 |
|
Fair Value Adjustment |
(288,089) |
(342,430) |
Bank Reconciliation |
338,837 |
845,167 |
50,748 |
502,737 |
|
Book Value of Cash and Investments |
205,605,758 |
194,131,422 |
Less Cash & Investments Held in Relation to Restricted Assets |
||
Employee Leave Entitlements |
7,049,913 |
7,049,913 |
Critical Asset Compliance |
464,877 |
467,064 |
Other Internal Reserves |
2,889,282 |
3,036,358 |
Section 7.11 Matching Funds |
300,522 |
319,272 |
Industrial Land Development Reserve |
6,619,575 |
6,475,818 |
Plant Replacement |
1,165,661 |
1,514,807 |
S7.11 Recoupment |
277,604 |
363,882 |
Water Communication Towers |
4,669,993 |
4,656,581 |
Commitment To Capital Works |
2,036,905 |
2,098,730 |
Total Internally Restricted |
25,474,332 |
25,982,425 |
Loans - General Fund |
8,934,953 |
10,162,233 |
Self-Insurance Liability |
3,241,593 |
2,763,501 |
Grant reserve |
28,160,683 |
28,199,654 |
Section 7.11 |
21,066,382 |
21,024,930 |
Special Rate Variation |
5,384,440 |
4,081,927 |
Storm Water Levy |
319,592 |
258,698 |
Trust - Mayors Relief Fund |
107,732 |
107,570 |
Trust - General Trust |
4,756,452 |
4,843,985 |
Waste Disposal |
6,345,341 |
473,995 |
Sewer Fund |
33,293,116 |
33,969,927 |
Sewer Plant Fund |
4,873,875 |
4,895,759 |
Section 64 Water |
20,797,476 |
20,720,086 |
Water Fund |
29,428,944 |
27,827,880 |
Water Plant Fund |
7,093,640 |
7,025,069 |
Total Externally Restricted |
173,804,219 |
166,355,214 |
Total Restricted |
199,278,551 |
192,337,639 |
Unrestricted Cash Balance - General Fund |
6,327,207 |
1,793,783 |
NOTE: The Water Communication Towers reserve is no longer an external restriction, changed to internal on 30 June 2022.
Restricted Asset Movements
The table below lists the major movements in cash reserves increase/(decrease):
Total Cash |
11,474,336 |
August is a rates instalment month plus receipts including quarter 1 Financial Assistance grant, Restart NSW grant and ATO BAS receipt. |
Loans - General Fund |
(1,227,280) |
Delivery of major capital projects funded by loans including Boongaree & SEC upgrade. |
Special Rate Variation |
1,302,513 |
August is rates instalment month. |
Waste Disposal |
5,871,346 |
Receipts from ratepayers. |
Water Fund |
1,601,064 |
Receipts from ratepayers. |
Unrestricted cash |
4,533,426 |
August is rates instalment month. |
Liquidity Indicators
In accordance with the Liquidity Contingency Plan as endorsed by Council, the following liquidity indicators are included in the Monthly Investment Report 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 a previous 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 August 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 August 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 August 2022 for all funds.
The first graph displays the August 2022 Cash Expenses Cover Ratio and, the second graph displays the previous rolling 8-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 August for Sewer and Water funds and close to benchmark for the General fund. The unrestricted cash is relatively low in August due to timing of receipts from rates and significant payments for capital projects in August. The benchmark is set up at 5% of budgeted cash outflows (excluding investment purchases and expenditures funded by reserves).
The first graph displays the August 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 POL 22/78.
Don Johnston Date: 19 September 2022
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.458 DPOP 2021-22 - Quarterly Performance & Budget Report (April - June)
HPERM Ref: D22/281120
Department: Corporate Performance & Reporting
Approver: Sara McMahon, Manager - Business Assurance & Risk
Attachments: 1. DPOP 2021-22 - Quarterly Performance Report - April to June (under separate cover) ⇨
2. Quarterly Budget Review - June 2022 (under separate cover) ⇨
3. Capital Projects Status Update June Quarterly Review ⇩
4. Completed Notices of Motion report (councillors information folder) ⇨
5. Uncompleted Notices of Motion report (councillors information folder) ⇨
Reason for Report
This report outlines Quarter 4 performance (April to June 2022) against actions and targets set in Council’s 2021-22 Delivery Program and Operational Plan. Also, in accordance with Regulation 203 (1) of the Local Government (General) Regulation (2021), the responsible accounting officer must prepare and submit to Council a budget review statement after the end of each quarter. This has been carried out for the fourth quarter of the 2021/22 financial year.
That Council: 1. Receive the June Quarterly Performance Report on the 2017-2022 Delivery Program and 2021-2022 Operational Plan and publish on Council’s website. 2. Receive the June 2022 Quarterly Budget Review Report. 3. Adopt the budget adjustments as outlined in the June 2022 Quarterly Budget Review Document 4. Adopt the Revotes (Uncommitted), as recommended in the June 2022 Quarterly Budget Review Document. 5. Endorse the deferral of the capital projects presented in Tables 10 and 11 of the report as part of the funding strategy to improve Council’s working capital position – noting the opportunity to reinstate these projects at future quarterly budget reviews should Council’s working capital and unrestricted cash balances improve.
|
Options
1. Adopt the recommendation
Implications: Nil
2. Adopt an alternate recommendation
Implications: Staff will be required to rework the quarterly performance and budget report in accordance with the alternative resolution.
Background
Section 404 of the Local Government Act 1993 requires the General Manager (Chief Executive Officer) to provide progress reports to the Council with respect to the principal activities detailed in the Delivery Program (Operational Plan) at least every 6 months. Furthermore, all councils must continue to consider a Quarterly Budget Review report.
Clause 203 of the Local Government (General) Regulation 2021 requires the Responsible Accounting Officer (Chief Financial Officer) to prepare and submit to the Council a Quarterly Budget Review Statement that shows, by reference to the estimates of income and expenditure set out in the Operational Plan, a revised estimate of the income and expenditure for the full financial year.
The Responsible Accounting Officer is also required to report as to whether they believe the financial position of the Council is satisfactory, having regard to the original estimate of income and expenditure.
The June 2022 Quarterly Budget Report and Quarterly Budget Review Statement (QBRS) include an analysis of the year-to-date result and the reasons for the major variances from the previously adopted Budget.
The June 2022 Quarterly Budget Report also provides budgetary details for each fund and group and commentary on progress against the budget. Any proposed changes to the budget are included in the attached June Quarterly Budget Review Statement.
Summary of DPOP Performance
The following performance has been measured on 30 June 2022 across each of the key themes outlined in the Community Strategic Plan - Shoalhaven 2027.
Table 1
Theme |
Progress snapshot |
Resilient, safe, and inclusive communities |
88% actions on track or completed |
Sustainable, liveable environments |
92% actions on track or completed |
Prosperous communities |
93% actions on track or completed |
Responsible governance |
95% actions on track or completed |
Key Highlights
Council has consistently delivered a range of services, projects and activities which work towards achieving the 10 priority goals outlined in Council’s Delivery Program 2017-22. Performance comments are provided in the report against each of the 157 actions and related targets in Council’s 2021-22 Operational Plan.
The complete DPOP Quarterly Performance Report (April - June) is included as Attachment 1.
Significant achievements between April and June 2022 include:
· Funding for the full establishment of the Shoalhaven Arts Foundation was allocated in the 2022/23 budget
· Community Workshop for Homelessness saw more than 50 community members attend to identify whole of community initiatives to address homelessness in the Shoalhaven
· Increased tonnes of material recycled to 39,894 tonnes, up 5% on last year
· Ongoing diligence and commitment of the outdoor workforce in repairing roads and maintaining service provision during challenging wet weather
· Major local road repair programs complete include Browns Rd, Brinawarr St, BTU Rd rehabilitation, Orient Point Rd (Flora to Raglan St) Rehabilitation, Riversdale Rd reconstruction, Forest Rd heavy patching and construction complete for Coonemia Rd rehabilitation
· The extensive natural disaster event in March/July resulted in 98 landslips, 13 sinkholes and 2600 sites damaged. Council staff have worked tirelessly to restore access as soon as possible and thus minimise the impact of the extensive damage on communities while the complex process of enacting long-term repairs is undertaken. Repair programs are already starting on some roads and the plan is for the repair effort to be in full swing early in 2023.
· Sustainable Energy Strategy initiatives commenced include installation of LED lights in Council buildings and sports fields, installation of additional solar PV and batteries on Council assets and preparation of a tender for a renewable Power Purchase Agreement
· Economic Development team supported successful applications for 34 grants to the value of $66M with another 37 applications still undetermined
· Throughout the year, 15 Council supported events went ahead with a total return on investment (ROI) of $26,417,000
· Redevelopment of Vincentia’s Burton Street Mall awarded to local contractor Jirgens Civil Pty Ltd, with demolition works complete and drainage works commencing
· Shoalhaven Water have completed the concept options and yield analysis for the improved transfer of water from northern to southern Shoalhaven
· Council’s outstanding rates balance is 6.5%, well below the 10% target
· 550 workers and community members attended the Health and Wellbeing Expo held at the Shoalhaven Indoor Sports Centre
Behind Schedule or Needs Attention
The following six (6) Action items have been reported as behind schedule as at 30 June 2022 and require attention. Full performance comments are in the attached report and remedial actions have been reported to senior management. Progress has been made against the new adopted DPOP 2022-23 and Q1 performance report is due to be reported to Council in November.
Table 2
Action |
Quarter 4 Comment (summary) Full comments in attached report |
|
1.1.06.01 |
Perform the duties required to ensure the satisfactory operation of On-Site Sewage Management Systems |
Program continued to uphold public safety and the protection of the environment. Following consultation with affected ratepayers, Council adopted to apply an itemised On-site Sewage Management charge on applicable Annual Rates Notices, effective from 1 July 2022. This change in payment from an application fee to a levied charge for on-site sewage management not only provides a better service to our customers, but also facilitates improved processes and efficiencies within this program. |
1.1.06.05 |
Undertake retail food regulatory inspections to ensure compliance with legislative standards |
In 2021/22, 529 Primary Inspections and 40 Re-inspections of retail food businesses were undertaken. The overall compliance rate for the year was 95%. Enforcement action comprising Warning letters, Improvement Notices and Penalty Infringement Notices were used to address the 5% of retail food businesses that were found non-compliant after the Primary Inspection. |
1.3.01.01 |
Undertake scheduled park servicing as listed in the Maintenance Management System |
Whilst Park maintenance crews have performed well in Q4 given the inclement weather that has caused fast growth and has reduced the areas that can be maintained due to water retention in the soil. 75% of scheduled services have been undertaken during the quarter. |
2.1.04.01 |
Provide a safe and efficient active transport network of pathways for cycling, walking and various travel needs |
A 10-year plan for footpath and cycleway projects has now been incorporated into the annual budget cycle and has been reviewed again for consideration by Council in June 2022. The broader review of the PAMP-Bike Plan strategies is in progress, a new PAMP/Bike Plan webpage was launched in May 2021, and a review of the PAMP/Bike Plan maps, scoring criteria and ranking spreadsheet is in progress by staff and will continue into 2022/23. A grant application has been submitted to facilitate completion of the work in 2022/23. |
2.2.02.01 |
Assess and determine development applications within legislative timeframes and community expectations |
Processing times this quarter are 53% within 40 days (target 65%). Continue to improve processing times through recruitment, continual review of the DA assessment process, processing of older applications from the system and working with the Department of Planning and Environment to ensure agency referrals are received in a timely fashion. |
2.3.03.09 |
Prepare, review and implement Bushcare Group Action Plans in consultation with community |
Number of plans reviewed is below the target of 8. Juwin Head and Bawley Point group action plans to be reported to an upcoming Council ordinary meeting. Smiths Bay, Dot Butler Reserve, Mahogany Creek and Woodhill Cemetery plans are in various stages of redrafting and review with Hyams Beach and Milton Rainforest plans also in the early stages of review following discussions with the Bushcare groups. |
On Hold
The following seven (7) Action items have been reported as on hold.
Table 3
Ref. |
Action |
Quarter 4 Comment (summary) Full comments in attached report |
1.1.07.02 |
Review and update State Emergency Service and Rural Fire Service Building Services Agreements |
Agreement has been reached on the management of emergency facilities with a draft RFS agreement currently at an advanced stage of development. The aim is to keep RFS / SES agreements largely consistent. Although the process has been impeded by agency staff turnover and operational demands, engagement and consultation are scheduled within the first quarter 2022. |
1.3.03.03 |
Review and update the Community Infrastructure Strategic Plan (CISP) |
A report recommending the approach and methodology for the review of the Community Infrastructure Strategic Plan (CISP) has been prepared for EMT. The revised document will need to consider and incorporate legislative changes, changing priorities, and consider and incorporate the consultation outcomes from various community groups. The timeline for review and delivery of the CISP requires review and will incorporate the Play Space Review. This will be recommenced once the recruitment of the incoming Strategic Asset Advisor is finalised. |
1.3.03.04 |
Review and update the Play Space Strategy and Renewals Program |
The Play Space strategy will be incorporated into the revised Community Infrastructure Strategic Plan, which is due to be reviewed in 2022/23. |
3.1.01.04 |
Facilitate business training and enhance labour force capabilities in parallel with bushfires and pandemic recovery |
Funding from Federal and State Governments in this area has meant an oversupply of training and mentor activities post floods and bushfires. This has put on hold training hosted by Shoalhaven City Council. |
4.2.05.04 |
Review and update Council's Business Continuity Planning Documents |
The Business Continuity Planning (BCP) program has been active during the Covid-19 period, with the Continuity Management Team meeting regularly to manage the response. Review of the BCP is underway aligning the documents with the relevant Australian Standards and drawing upon analysis of the recent experiences with disasters. |
4.2.06.05 |
Commence planning for consolidation of Council’s name and address register |
Currently on hold pending the identification of name and address data sources and implementation of TechOne/OneCouncil Request Management. |
4.2.10.02 |
Update the Shoalhaven City Council Property Strategy |
It is intended to pursue a new Property Strategy, that takes a different strategic approach and direction to the previous 2016/2017 Property Strategy. Early works continuing ahead of internal dialogue and discussion with Council. |
Additional Operational Plan Actions arising from Notices of Motions (NoM’s)
· 65 NoM’s relate to information, donations / community support, maintenance / traffic requests, advocacy or Development Application call-ins and covered in business-as-usual operations.
· 22 NoM’s relate to projects that required additional resources being added to the Operational Plan 2021-22. These Actions can be further categorised into the following areas:
o Infrastructure Upgrades (5)
o Forward Planning (14)
o Land-use (3)
In addition, there are 7 NoM’s remaining from the 170 NoM’s resolved in 2020-21 which are currently categorised as ‘in progress’.
Funding was allocated to the respective projects during the Quarterly Budget reviews. The full report of Completed and Uncompleted Notices of Motion’s have been attached as Attachment 4 and Attachment 5, respectively.
The progress of capital works was severely impacted by the recent East Coast Low weather pattern, which has brought unprecedented rainfall across all coastal areas in NSW. Due to continuous rainfalls and floods, construction works had to be put on hold, once the weather has improved, Council had to prioritise emergency works to ensure communities can be accessed and resources delivered to those most in need.
June 2022 Quarterly Budget Results Overview
Shoalhaven City Council was severely impacted by the recent East Coast Low weather pattern, which has brought unprecedented rainfall across all coastal areas of NSW making the civil infrastructure damage for this natural disaster exceeding $80M.
Preliminary year-end budget results indicate that Shoalhaven City Council remains in a sound financial position and continues operating effectively in the context of the COVID-19 pandemic and disaster recovery.
Council has reprioritised works to ensure communities can be accessed and resources delivered to those most in need. Council is focusing on repairing critical community infrastructure that was damaged as a result of the natural disasters and this change in priorities has a direct impact on allocations of the Council budget.
It is important to note that whilst the majority of costs to rebuild infrastructure will be recovered by Council via Federal and State Disaster Assistance Arrangements, some of the maintenance expenses, such as employee costs other than overtime, are not eligible for reimbursement and Council will need to fund them from its own budget.
As emergency repairs are taking priority over the planned capital works program, during the March Quarterly Review a significant number of capital projects were postponed until next financial year with some of the funds to be redirected towards emergency maintenance works. Maintenance budgets for roads, tree management, and open spaces require significant increase so Council can continue with the urgent works. The last quarter of the financial year has seen more expenditure on emergency repairs and maintenance resulting in additional capital projects being deferred to ensure that Council remains financially sustainable.
As a result of emergency repairs and additional maintenance the General Fund operating expenses are 3.6% above the final forecast budget ($283M actuals vs. $274M budget, unfavourable) mainly due to an increase in depreciation (road asset revaluations $5.4M), park maintenance costs ($1.2M), road maintenance costs ($255K), tree management costs ($173K), public amenity cleaning ($275K) and legal costs and government levies ($1M). The non-depreciation shortfall of $4.6M in operating expenses will be partly addressed by the deferral of capital projects ($1.2M) and the Stronger Communities Grant ($2M). General Fund operating income was less than the forecast by 0.7% ($319.6M actuals vs $321.8M forecast, unfavourable) attributed mainly to a downward fluctuation in investments ($2.2M).
The preliminary budget results for the Water fund are also very close to the budget forecast. The revenues for Water fund exceed the budget forecast by 4% ($30.9M actuals vs $29.7M forecast, favourable) mainly due to an increase in water usage revenues ($1M). The operating expenses for Water Fund exceed the budget forecast by 0.8% ($30.9M actuals vs $30.7M forecast, unfavourable).
Similarly, the preliminary budget results for the Sewer Fund are also very close to the budget forecast. The revenues for the Sewer fund exceed the budget forecast by 0.4% ($56.7M actuals vs $56.4M forecast, favourable). The operating expenses for the Sewer fund exceed budget forecast by 1.7% ($43.9M actuals vs $43.2M forecast, unfavourable) mainly due to an increase in operational costs ($393K).
The preliminary June results indicate that the Council is in a sound budget position and remains financially sustainable with an acceptable level of working capital and a sufficient level of unrestricted cash.
Despite the significant negative financial impact of the COVID-19 pandemic earlier in the year followed by major flood events, Shoalhaven City Council finished the 2021/22 financial year with a healthy working capital position of $8.8M which is 15% of the current liabilities, and above the benchmark of 10%. The working capital position was calculated in accordance with the formula as outlined in the Liquidity Contingency Plan.
Table 4
Description |
($‘000) |
|
Add |
Current Asset |
135,864 |
Less |
Current Liabilities |
60,388 |
Calc |
Net Current Asset |
75,475 |
Less |
External restrictions |
60,463 |
Less |
Internal restrictions |
28,970 |
Add |
Provisions (Liabilities not expected to settle in 12 months) |
22,759 |
Calc |
Available working capital |
8,801 |
Calc |
Working Capital as a % of Current Liabilities |
15% |
Whilst year-end working capital position remains above the benchmark, and there are no current liquidity concerns, it is important to note that due to additional general fund expenses associated with natural disasters and revenue lost due to Council COVID discount policies, it would be prudent for Council to look for opportunities to improve its working capital position and unrestricted cash balance that can be used as “safety net” in case of further natural disasters which could potentially impose a short-term liquidity risk.
The provision of $300 subsidy to ratepayers back in 2019/20 financial year had the most significant impact on unrestricted cash balance and reduced it by $6.3M. Council was unable to replenish unrestricted cash balance since then due to ongoing impact of COVID-19 pandemic and a series of devastating natural disasters.
As such, according to Council’s Liquidity Contingency Plan, if Council’s unrestricted cash position falls below liquidity indicators going forward due to unforeseen circumstances such as natural disasters, the internal borrowings arrangement will be initiated by management. It is recommended that, if such need occurs, to fund any unrestricted cash shortfall by means of internal loan from Council internal reserves – Section 7.11 Deleted Funds Reserve and/or Industrial Land Development Reserve. This would be subject to Council’s ongoing appetite for further deferral of capital works funded by the general fund - which to date has been used as the mechanism to free up unrestricted cash.
Management continues to monitor the working capital position of the Council and continues to report on the key liquidity indicators to the Council on a monthly basis.
Financial Impact of COVID-19
To assist residents during the unprecedented times of the COVID-19 pandemic and as well as supporting the recovery of the region, Council has endorsed an extensive Financial Relief Package. The financial impact of various financial assistance measures and impact of COVID-19 restrictions on the year-to-date budget results is summarised below:
Table 5
($‘000) Unfav/(Fav) |
*YTD March |
YTD June |
DA fees waived |
802 |
811 |
Rent reduction – full year impact |
156 |
156 |
S7.11 subsidy |
943 |
1,510 |
S64 subsidy |
608 |
786 |
Total impact of Council COVID-19 Assistance Policies |
2,509 |
3,263 |
Holiday Haven income reduction |
2,200 |
2,200 |
Holiday Haven expenditure savings |
0 |
0 |
Swim Sport and Fitness income reduction |
670 |
670 |
Swim Sport and Fitness expenditure savings |
0 |
0 |
Entertainment Centre income reduction |
1,000 |
1,000 |
Entertainment Centre expenditure savings |
(583) |
(583) |
Total impact of COVID Restrictions |
3,287 |
3,287 |
Grand Total (net loss) |
5,796 |
6,550 |
*As reported to Council in March Budget QR.
Preliminary General Fund Year End Results and Quarterly Review Movements
The net operating result before capital grants and contributions of the General Fund as at 30 June 2022 Quarterly Budget Review, was a deficit of $16.8M, a $12.1M unfavourable variance to the forecasted $4.7M deficit. This unfavourable variance is largely driven by the additional depreciation within the road assets resulting from the revaluation, and the unfavourable fluctuation in the long-term growth fund and investment fair valuations. It is important to note that the deferral of capital projects will address the majority of the unfavourable budget variations. Details of the proposed deferred projects are provided in Tables 10 & 11 below.
The unrestricted cash balance movement was $4.2M less than the forecasted amount of $4.3M (unfavourable).
The following table presents a high-level summary of the budget and movements for the General Fund for 2021/22:
Table 6
Favourable / (Unfavourable) |
Original Budget |
Current Adopted Budget |
June QR Adjustments |
WIP Carried Forward |
Revote |
June QR Revised Budget |
June Actuals |
Net Operating Result |
57,129 |
80,609 |
15,944 |
(46,673) |
(1,203) |
48,678 |
36,531 |
Net Operating Result before Capital Grants & Contributions |
(1,334) |
(13,685) |
13,821 |
(5,598) |
1,007 |
(4,736) |
(16,784) |
Net Cash & Investments Movement |
(69,470) |
(12,768) |
60,403 |
(70,715) |
2,177 |
(20,902) |
(25,095) |
Unrestricted Cash Movement |
0 |
(213) |
213 |
3,532 |
865 |
4,396 |
204 |
The main contributing factor for the change to the operating result before capital grants and contributions is an increase in waste tipping fees and the financial assistance grant that was received in advance of the 2022-23 financial year, this was partially offset by a $1M decrease in domestic waste revenue.
Capital grants and contributions budget is proposed to be increased by $2M (favourable) to reflect capital grants and contributions received in the past three months.
It is important to note that proposed budget adjustments have covered the current adopted cash deficit of $213K to bring the proposed unrestricted cash movement to balance (before Works in Progress carried forwards and revotes).
For a detailed list of budget variations and proposed budget adjustments please refer to Attachment 2 – Quarterly Budget Review – June 2022.
Capital Projects Progress Overview
Attachment 3 provides a detailed update as at 5 August 2022 on the progress of 110 major capital projects with the annual budget allocation of over $400K for each project (total budget of $111M) which represents 54% of the adjusted annual capital budget of $207M.
As at 5 August 2022, 73 projects remain on track, 20 completed, 6 are under close monitoring and 11 were flagged as on hold due to pending approvals from other government bodies (e.g., Bolong Road) and other external factors.
Preliminary Water Fund Year End Results and Quarterly Review Movements
The net operating result before capital revenue of the Water Fund is a $2.3M deficit when compared to the revised forecasted deficit of $3.3M. The primary reason for this favourable variance is a combination of increased Water Usage revenue in the last quarter and additional revenue from private works.
Due to the deficit in the Water Fund no dividend will be payable to the General Fund in 2022/23.
The net cash and investments movement has improved compared to the revised budget.
Table 7
($'000) |
Original Budget |
Current Adopted Budget |
June QR Adjustments |
WIP Carried Forward |
June QR Revised Budget |
June Actuals |
Net Operating Result |
219 |
(23) |
(795) |
(139) |
(957) |
(45) |
Net Operating Result before Capital Grants & Contributions |
(631) |
(2,557) |
(695) |
(6) |
(3,257) |
(2,346) |
Net Cash Movement |
(16,021) |
(1,008) |
(714) |
1,482 |
(240) |
1,255 |
Preliminary Sewer Fund Year End Results and Quarterly Review Movements
The net operating result before capital revenue of the Sewer Fund is a surplus of $10.2M when compared to the forecasted surplus of $10.7M. The primary reason for this unfavourable variance is the increased corporate overhead costs to the fund.
The estimated dividend payment to General Fund in the 2022/23 budget remains unchanged.
The net cash and investment movement has declined by $526K compared to the forecasted budget.
Table 8
($'000) |
Original Budget |
Current Adopted Budget |
June QR Adjustments |
WIP Carried Forward |
June QR Revised Budget |
June Actuals |
Net Operating Result |
13,501 |
12,663 |
644 |
(52) |
13,254 |
12,747 |
Net Operating Result before Capital Grants & Contributions |
10,151 |
9,865 |
857 |
0 |
10,722 |
10,215 |
Net Cash Movement |
(16,615) |
799 |
1,182 |
150 |
2,132 |
2,465 |
Proposed Uncommitted Revotes
According to the Local Government Regulation 2021 – Reg 211 Authorisation of Expenditure, Council is required to approve the carry forward of uncommitted expenditures (revotes).
The Uncommitted projects (below) do not have an existing contractual obligation and Council has an option to adopt all revotes listed below or to revote selected projects only.
Summary of proposed revotes (uncommitted):
Table 9
Type |
Program |
Project |
Revote (Uncommitted) $ |
Operating Expenditure |
Community and Culture |
Warden Head Master Plan |
21,647 |
|
|
School Bus Subsidy |
2,807 |
|
|
Reconciliation Action Plan |
30,000 |
|
|
Sport Australia’s Regional Sport Events Fund |
148,182 |
|
|
Learning for a Better World - Libraries Education Program |
375 |
|
|
Social Recovery - June 2022 Floods AGRN1025 |
20,000 |
|
Environmental Management |
Currambene Falls Sediment Control Works |
12,455 |
|
|
Currarong Village - Weed Removal & Rehab (CEP) |
1,020 |
|
|
Mapping & Assessing Endangered Ecological Communities |
10,000 |
|
|
Foreshore Protection and Preservation - Community Engagement |
40,000 |
|
|
Hydraulic Assessment Risk Areas |
20,000 |
|
|
LLS Fieldday |
30,000 |
|
Fire Protection and Emergency Services |
Burrier Rd - Natural Disaster Mar22 - Pavement SH00279 |
200,000 |
|
Internal Corporate Services |
Road Safety - Look Out Pedestrian Safety 2021/22 |
3,538 |
|
|
NSW Planning Portal API Grant 2022 |
80,000 |
|
Land Use Planning |
Nowra CBD Historic Walk Grant |
3,073 |
|
|
Heritage Estates Erosion Control |
44,909 |
|
|
Badgee Def Matters Prop LP407 |
8,571 |
|
|
Halloran Trust Planning Proposal |
44,178 |
|
|
Sealark Road Planning Proposal |
4,770 |
|
|
Illawarra Empl Lands Audit |
14,713 |
|
|
Inyadda Dr/Sunset Strip Manyana |
18,727 |
|
|
Badgee URA DCP Prep DCP126 |
8,623 |
|
|
Falls Ck Woollamia Def Area Proponent Funded |
38,822 |
|
|
Nowra Riverfront - Urban Design Review |
35,000 |
|
|
Nowra Riverfront - Non-indigenous Heritage Review |
45,455 |
|
|
Nowra Riverfront - Economic Review |
45,455 |
|
Regulatory Services |
Shoalhaven Biodiversity Corridor Grant |
5,515 |
|
|
Covered Loads Enforcement / Education Program 2021 |
1,845 |
|
|
Contestable Funding-Media Project for use of RID Online |
7,523 |
|
|
Environmental Assessments for the Dog Policy Review |
30,000 |
|
|
Responsible Dog Ownership - Media Project |
30,000 |
Capital Expenditure |
Bridges |
Bridge Program - Various - Bridge Concrete Culvt Replacement |
30,950 |
|
|
Steel arch refurbishment Various Locations Upgrade |
28,688 |
|
Buildings and Property |
Endeavour Park Public Amenities Upgrades |
1,000 |
|
|
Public Amenity Door Lock Replacement Project |
51,945 |
|
Commercial Undertakings |
BER - SMGLC - APZ construction - FY22 |
71,455 |
|
|
Comerong Ferry Precinct Scoping |
50,000 |
|
|
BER - KV - Ingress Improvements - FY22 |
15,727 |
|
|
BER - SMGLC - Lighting Upgrade |
5,000 |
|
|
BER - SMGLC - Lawn beams S7 & monument construct & land FY22 |
32,820 |
|
|
Sporting Infrastructure - Stronger Country Community Grant |
51,482 |
|
|
BER - Warden Family Cemetery Capital Works |
10,805 |
|
Community and Culture |
Murramarang Coastal Walk (Sus Tour Infr Grant) |
638 |
|
|
Multi Arts Facility - storage / rehearsal / workshop space |
50,000 |
|
|
Ulladulla Headland/ One Track (Sus Tour Infr Grant) |
464 |
|
Economic Development |
Woollamia Maritime - Low Tide Improvements (Toe) |
8,758 |
|
|
Ulladulla Harbour - Visiting Berths (Waterways) |
150,000 |
|
Environmental Management |
Huskisson - Sea Pool Steps |
16,200 |
|
|
Bendalong Boat Harbour Master Plan - Drainage |
15,000 |
|
|
Shoalhaven Heads Viewing Platform |
26,250 |
|
|
Implement Beach Scraping at High Priority Beaches |
77,500 |
|
|
Coastal Monitoring Implementation |
26,000 |
|
|
Managing & Stabilising Dune Systems Improving Beach Access |
36,000 |
|
Fire Protection and Emergency Services |
Flamingo Av - Natural Disaster Mar22 - Sinkhole BM00375 |
20,000 |
|
Open Space, Sport and Recreation |
Crookhaven Oval amenities building - Design and invest |
49,631 |
|
|
Ulladulla Skatepark Works - SCCF 3-0541 |
87,624 |
|
|
Sanctuary Point Skatepark Association |
8,902 |
|
|
Sanctuary Point Skatepark Works - SCCF 3-0541 |
36,278 |
|
|
Mollymook Foreshore Livvi's Place Shade Sail |
46,532 |
|
|
SSF - S'ground Stimulus Round 2a - Milton - Stadium Shutter |
31,887 |
|
Roads and Transport |
BBRF3 Myola Active Transport |
20,614 |
|
|
Roads to Recovery Program |
151,848 |
|
|
Mt Scanzi Rd, Budgong - Embankment Stabilisation Site 1 |
90,950 |
|
|
Old Coach Road Re-wall Disaster Assist Rebuild |
368,861 |
|
|
Culburra - Culburra Rd (R2R) - CH 1.760 to 2.700km |
13,143 |
|
|
Landslip - Porters Creek Rd, Yatte Yattah - Natural Disaster |
137,662 |
|
|
Nowra - Kalandar St - Shared User Path - Hwy to Kinghorne St |
4,045 |
|
|
Caulfield Pde, Old Erowal Bay - Missing Link Asphalt Path |
14,561 |
|
|
Matron Porter/Bishop Dr - Pedestrian SUP Con Urban New |
50,000 |
|
|
Pine Forest Rd (From Connelly St) - Footpath Connection to S |
60,000 |
|
|
Lake Conjola, LC Entrance Road - SUP Bridge - BLERF |
71,215 |
|
|
Thomson St, Sussex Inlet - Raised Median, Cyclist Treatment |
51,073 |
|
|
RPA - Basin View Pde, Basin View - 24 to 38 |
28,129 |
|
|
Mount Agony Rd - Road Damage - AGRN923 - SB00154 & SB00156 |
49,322 |
|
|
Yerriyong Rd - Natural Disaster Mar22 - Road SH00283 |
10,000 |
|
|
Roskell Rd - Natural Disaster Mar22 - Sinkhole NI00003 |
50,000 |
|
Stormwater |
Sussex Inlet Rd - Drainage Subsoil Drn Stg1 Urban Upgrade/New |
28,538 |
|
|
Mount Agony Rd - Pipe Culvert Damage - AGRN923 - SB00155 |
57,343 |
|
|
Scott/Noakes - Natural Disaster Mar22 - Sinkhole DM00716 |
299,933 |
|
Waterways Infrastructure |
Callala Bay - widen ramp and new walkway - Lackersteen St |
53,752 |
|
|
Waterways - Fishing Cleaning Facilities Renewal |
20,000 |
|
|
Myola – Catherine St -Renewal– Boat Launching Ramp & Pontoon |
51,892 |
|
|
Conjola Park Rehabilitation |
123,144 |
|
|
Jervis Bay / Currambene Creek / Myola – Fishing Access Impro |
29,983 |
|
|
Nowra (Terara) - Flood Levee - P1L2 - Natural Disaster |
159,213 |
|
|
O’Keefe’s Point - Flood Levee - P5L1 - Natural Disaster |
72,224 |
|
|
Carters Corner Jetty Deck Refurb-RFCG022 |
140,704 |
|
|
Short St-Paddlecraft Access -Lake Tabourie-RFCG036 |
45,000 |
|
|
Boat Ramp Repair & Toe Extension-Shoalhaven Heads-RFCG021 |
89,271 |
Grand Total |
|
|
4,387,156 |
Capital Projects in 2021/22 Budget
Shoalhaven City Council was severely impacted by the recent East Coast Low weather pattern, which brought unprecedented rainfall across all coastal areas of NSW, causing civil infrastructure damage to exceed $50M. As a result of the additional costs incurred, some projects have been deferred and will be funded from unallocated 2022/23 or future years’ budgets.
It is proposed to defer / adjust $1.23M of the General Fund towards 2021/22 additional maintenance costs for Council to continue repairs post the weather event. The funds to be allocated are from the following capital projects that were completed or are to be carried-forward into the 2022/23 financial year. This approach will reduce the impact on the unrestricted cash position and Council continues to operate within a financially sustainable balanced budget.
Table 10
2021/22 June Adjustments |
($'000) |
Deferred to be included in 2023/24 |
|
Shoalhaven Community & Rec Precinct Masterplan SCARP |
260 |
Strategic Growth Management Planning |
129 |
Strategic Transport Analysis |
94 |
Minor savings from completed projects |
|
Other operating projects |
29 |
Milton Ulladulla Croquet Project |
18 |
Bay and Basin Leisure Centre Capital Program |
17 |
Playground - Bomaderry - Sampson Crescent |
6 |
Strategic Land Acquisition |
5 |
|
558 |
Table 11
2022/23 Deferral into future years (unfunded) |
($'000) |
Installation of Lions Club Shed - Proposed 21 Norfolk Ave |
270 |
Boree St - LRRP Carpark #5 Bitumen Seal Urban Upgrade |
150 |
Beach Access Upgrades |
200 |
Review Community Infrastructure Strategic Plan |
50 |
|
670 |
Total |
1,228 |
Conclusion
This financial year has seen some extraordinary events that have heavily impacted on Council’s budget. In the December quarterly budget review, the impact of COVID and continued wet weather on the closure and low occupancy of Council’s tourist parks and facilities was reported to have an impact on income of $4.2M with some potential expenditure offsets of $1.3M.
Following the December quarterly review there has been unprecedented rainfall causing a strain on roads, parks and tree maintenance of $3M. The March quarterly review has identified $4.9M in deferred capital works, $800K in capital works savings and $300K in operational savings to fund this additional cost or revenue shortfall. The March quarterly review reported that there was still some $2.2M in income shortfalls / cost overruns yet to be offset. The June quarter has seen more emergency and maintenance costs incurred. The net result of a $4.2M unrestricted cash deficit (unfavourable) is commendable considering the extraordinary events that have occurred during the 2022/23 financial year.
Communication Strategy
Subject to Council’s endorsement, the Quarterly Performance report will be made available on Council’s website. A range of other communication methods may also be used to communicate the outcomes of the report including performance highlights across Council’s social media platforms.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.459 Policy - Complaints Handling Policy - Outcome of Public Exhibition
HPERM Ref: D22/386658
Department: Business Assurance & Risk
Group: City Performance
Attachments: 1. Draft Complaints Handling Policy ⇩(under separate cover)
That Council adopt the final Draft Complaints Handling Policy now the public exhibition period has expired with no submissions.
|
Background
At its meeting on 1 August 2022, Council resolved to place on public exhibition the draft Complaints Handling Policy (POL20/10) and to receive a report after the public exhibition period to adopt the policy.
The Policy was placed on public exhibition for a period of 28 days which ended on 11 September 2022. No submissions were received in response to the public exhibition. On that basis no further amendments have been made to the Complaints Policy & Procedures which is presented as Attachment 1 to this report for adoption.
The Complaints Policy & Procedures 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.
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.
Adoption of the Policy in September 2022 will closely align with the inclusion of management of complaints via the Council’s online Request Management system which will provide additional accessibility to members of the public wishing to make complaints and more detailed statistical information for reporting and trend analysis.
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.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.460 Next Steps - Realising the Moss Vale North Urban Release Area
HPERM Ref: D22/360180
Department: Strategic Planning
Approver: Carey McIntyre, Director – City Futures
Attachments: 1. Public Exhibition – Summary of Submissions Received (under separate cover) ⇨
2. Summary of Changes – Planning Proposal and Development Control Plan Chapter ⇩
Reason for Report
Detail the intended next steps to finalise the planning and development controls to ‘release’ and guide the delivery of the existing Moss Vale North Urban Release Area (MVRN URA), including:
· Presenting the outcomes of the public exhibition of the following documents for Council’s consideration:
o Planning Proposal (PP) recommending changes to the existing planning controls in the Local Environmental Plan (LEP) applying to the URA.
O Draft Development Controls for inclusion in the Development Control Plan (DCP) to guide future development of the URA.
· Seeking Council’s support for an approach to enable the timely finalisation of the PP and adoption of the development controls, including delegated authority to complete remaining tasks including amending the documents as appropriate to address submissions (received in response to the exhibition) and completing consultation with NSW Government Agencies.
· Proving an update on the related work planning the infrastructure required to support the future delivery of the URA
That Council: 1. Proceed to finalise the Planning Proposal and adopt the draft Development Control Plan Chapter guiding the delivery of the Moss Vale North Urban Release Area, as amended in accordance with Attachment 2 of this report. 2. Complete consultation with the following NSW Government Agencies: a. Department of Planning and Environment – Water Licensing and Approvals b. Transport for New South Wales 3. Delegate authority to the CEO, or his delegate, to update the Planning Proposal and Development Control Plan chapter and include any appropriate changes resulting from the: a. Consultation with NSW Government Agencies. b. Moss Vale Road North Urban Release Area Riparian Assessment prepared by Ecological Australia in April 2022. c. Updated flood risk modelling. 4. Set an effective commencement date for the Development Control Plan Chapter of 27 March 2022. 5. Receive a further report on the proposed Development Contributions Framework delivering infrastructure for the Urban Release Area, including arrangements for the public exhibition of the framework. 6. Invite parties with a current or future interest(s) in the Urban Release Area who are seeking an alternative development outcome to that facilitated by the final Planning Proposal and draft Development Control Plan Chapter to submit requests for Planning Proposals and alternate development controls for Council’s subsequent separate consideration.
|
Options
1. As recommended.
Implications: Progresses the planning and delivery of the URA, facilitating the development of a potential 3,000+ new residential lots to meet housing demand. It finalises the PP making the necessary amendments to the Local Environmental Plan. It allows Council to adopt development controls to guide future development within the URA. It also allows for the continued preparation of the Development Contributions Framework to deliver essential infrastructure.
Completing this work is a high priority project, confirmed by Council’s earlier decisions, within the adopted Local Strategic Planning Statement, and the Strategic Planning Works Program.
This resolution does not address all the submission feedback. Requests for changes from parties with a new or potential future interest in the URA for a different development outcome from the original Owners Group have been received in the final stages of the current process. Noting new interests and aspirations, the parties can submit requests for changes once the exhibited planning and development controls are settled. This would require the preparation of PP’s and draft development controls, supported, as necessary, by technical studies. As this process incurs fees, the work can be programmed and delivered in a timely manner while managing impacts on Council’s resources and other planning priorities.
2. Defer a decision until consultation with NSW Government Agencies is complete and a further report on the outcomes of the consultation and any required changes would then be presented to Council.
Implications: This would delay the planning and delivery of the URA but would provide Council with a comprehensive understanding of the changes required to the PP and draft Development Controls resulting from consultation with Government Agencies.
3. Defer a decision to consider the additional requests made by stakeholders with a potential or future interest in the ownership and development of the release area.
Implications: This would significantly delay the planning and delivery of the release area, potentially requiring the exhibition of the planning and development documents. It would also require resourcing and would impact on Council’s finances and other planning priorities.
4. An alternative resolution, including not to proceed.
Implications: Implications are subject to the nature and content of alternative resolutions, but any decision requiring further analysis, studies, or consideration of an alternative outcome for the release area will delay the work delivering the release area. It may also impact on Council’s resources and other planning priorities. A recommendation to not proceed would effectively cease the project and the controls currently applying to the release area would be maintained. This includes the requirement to prepare development controls and arrangements for infrastructure before the area can be developed. This would mean no subdivision activity could be determined or occur.
Background
The Moss Vale North Urban Release Area (MVRN URA) was initially identified as a ‘New Living Area’ in the endorsed Nowra-Bomaderry Structure Plan (2006). The release area was confirmed with land use zones, an enlarged footprint providing for additional lots/dwellings, and other related provisions guiding its release in the new City-wide Local Environmental Plan (Shoalhaven Local Environmental Plan 2014). Council later reconsidered the timing for the delivery of the URA in March and August 2017, resolving to bring forward planning work to accelerate its delivery.
In 2019, the Moss Vale North Owners Group, comprising several of the then major landowners within the release area, submitted an alternative outcome for the area for Council’s consideration. This sought to deliver about 2,500 dwellings (an increase on the outcomes facilitated by the existing planning controls), adjust the size and function of the retail centre, refine the E2 Environmental Conservation zones applied to the riparian corridors, and adjust other components of the URA. The Owners Group supported its proposal with an indicative layout plan, draft development controls, and a range of technical studies undertaken for them relating to bushfire, traffic and transport, scenic values, contamination, biodiversity, and water management.
Council considered the alternative outcome and supporting information and resolved to work collaboratively with the Owners Group, giving ‘in principle’ support to the package being used as the basis for the documents required to ‘release’ and the delivery the areas development. These documents include a:
· Planning Proposal (PP) recommending adjusting amendments to the current planning controls applying to the URA in the City-wide Local Environmental Plan (LEP).
· New chapter in the City-wide Development Control Plan (DCP) setting controls to guide future development outcomes, including indicative layout and staging plans.
· Development Contributions Framework identifying the essential infrastructure to support the future community and funding and delivery mechanisms.
Throughout 2019-2020 an evidence base of technical studies was prepared to further inform the above documents. Council built on the documents provided by the Owners Group, commissioning studies for the retail centre, gas pipeline, scenic values, community infrastructure, traffic and transport, and water management. Wherever possible, the Owners Group’s proposal or its intent was maintained, but the additional studies recommended adjustments to ensure the delivery of a responsible and sustainable development outcome that meets the needs of the future community. Other adjustments improved the commercial viability of the development outcome to help secure its timely delivery by industry.
In 2020, the PP was submitted to the NSW Department of Planning & Environments (DPE) ‘Gateway’ process and a determination was issued in December 2020 that included conditions setting out the need for further work, necessary consultation with State Government Agencies, and public exhibition requirements. The required consultation with NSW State Government Agencies and other bodies commenced in early 2021.
Throughout 2021, adjustments and refinements were made to the PP, draft development controls, and several of the technical studies as consultation was undertaken/completed with the following:
· NSW Department of Planning and Environment - Environment, Energy and Science
· NSE Department of Planning and Environment - Heritage
· Nowra Local Aboriginal Land Council
· Transport for NSW
· Endeavour Energy
· Jemena (Eastern Gas Pipeline)
· NSW Fisheries
· NSW Rural Fire Service
Disappointingly, the NSW Natural Resources Access Regulator (NRAR) did not respond despite the best efforts of Council staff. This resulted in an additional Riparian Assessment Report being prepared at a cost to assist and inform this agency’s consideration of the PP. The report followed the agency’s guidelines to classify the existing watercourses on site, identify appropriate corridors, and recommend measures to “offset” any reduction in existing or potential corridors required to facilitate the future development.
In mid-2021 Council resolved to:
1. Endorse the continued preparation and advancement of a Planning Proposal, draft Development Control Plan, and proposed Development Contributions Framework, including consultation with relevant NSW Government Agencies (NSW Rural Fire Service & NSW Natural Resources Access Regulator).
2. Delegate authority to the CEO (Director – City Futures) to make necessary changes to the Planning Proposal and draft Development Control Plan to reflect the outcomes of the remaining Agency Consultation and technical studies as they are completed.
3. Receive a further detailed report on the proposed Development Contributions Framework (list of costed infrastructure and options to secure funding) when prepared.
4. Publicly exhibit the Planning Proposal and draft Development Control Plan, as amended, for a minimum of 28 days.
5. Receive a further report on the results of the public exhibition of the Planning Proposal and draft Development Control Plan and the work required to finalise these documents.
6. Endorse the public exhibition of suburb naming options (Badagarang and Gumbeengang) for a minimum of 28 days and receive a further report on the results of the public exhibition and the work required to settle new suburb arrangements.
7. Advise affected and adjoining landowners and relevant Community Consultative Bodies of this decision and associated public exhibitions).
In late 2021/early 2022 the ownerships within the URA started to change with the emergence of new owners or parties with interests in some of the holdings within the area. The change in ownership interests has brought a range of aspirations that are different to the original Owners Group.
Consistent with the above resolution and following the completion of various required actions (e.g. pre-exhibition review of the PP by DPE) the PP, draft Development Controls, Riparian Assessment Report and a range of supporting material were publicly exhibited in mid-2022.
Note: A report on the proposed new suburb name of Badagarang for this area and the adjacent Moss Vale Road South URA was considered by Council in August 2022. Finalisation of the proposed name is now with the NSW Geographic Names Board (GNB).
Public Exhibition Overview
The exhibition package, made up of the following, was formally publicly exhibited from 18 May to 1 July 2022 (44 days):
· Gateway Documentation - (895kb)
The exhibited documents are still available for review at the above links.
Public Exhibition Results
Thirteen (13) submissions were received in response to the public exhibition:
· Five (5) were made by people or companies with an ownership interest in the URA,
· One (1) from a community member, and
· Seven (7) from Government Agencies or infrastructure delivery authorities.
Attachment 1 provides a summary of the submissions, comments on the matters raised, and identifies recommended changes to the PP and draft development controls. Copies of the actual submissions can be provided to Council if needed.
Submissions – Ownerships Interests (minor)
Two (2) submissions were made by existing smaller landowners in the URA, seeking adjustments to the proposed planning controls and draft development controls as follows.:
· Expansion of the URA and its controls to include all of 50 Abernethys Lane (Lot 1 DP 1134376) to address concerns with potential impacts on the property, including flood risk, land use conflict, and loss of value. Only part of this property is currently included within the existing URA.
Staff Comment - The land is already cleared of sensitive vegetation. Expanding the area of the URA and its associated controls to include the whole property would provide an extra 1.3 hectares of developable land, facilitating an increase in dwelling supply (approx. 19-20 lots). Including the whole property will also allow coordinated development with the remainder of the URA, including the management of flood risk and the restoration of riparian corridors.
· Delete the minor road indicated on 91A Bells Lane (Lot 3 DP 708356) in the draft DCP to provide flexibility when considering and planning future development outcomes.
Staff Comment - Deleting the proposed minor road in question will provide additional flexibility when designing development outcomes. Access arrangements would still need to be addressed in any design work as a requirement of the draft development controls.
Both requests are considered relatively minor, reasonable and should be supported.
Submissions – Ownerships Interests (major)
Three (3) detailed/substantial submissions were received from development companies or their planning consultants with a current or intended interest in the URA. These submissions requested a significant number of changes, varying in scope and scale, to the proposed planning controls and draft development controls. They ranged from minor to major adjustments/changes required to facilitate an alternative development outcome to the one that arose from the dialogue with the original Owners Group.
In summary the adjustments/changes sought include:
· Alternative outcomes for riparian watercourses, the scenic/visual buffer along Moss Vale Road, public open space arrangements and the proposed location of the town centre.
· Expansion of the URA to include additional land.
· A revised road hierarchy and designs (detailed in a new traffic study).
· Different development staging (both areas and timing).
· Alternative arrangements for water management infrastructure.
· Greater opportunity to deliver small residential lots (300m2).
· Revisions to proposed requirements to manage future bushfire risk.
· Changes to various proposed development controls guiding subdivision and building design and required consultation with Jemena (the operator of the gas pipeline).
Some of the changes that are relatively minor can be supported and accommodated now, as detailed in Attachments 1 and 2. These include adjustments to the proposed land use zones applied to the smaller properties located throughout the URA, expanding the ability to deliver small lot housing, adjusting the consultation requirements with Jemena (Eastern Gas Pipeline) related to development applications and other minor amendments to the draft development controls.
The more significant requested changes/adjustment need further detailed consideration. The submissions detail the aspirations of parties with a new or potential future interest in the URA for a development outcome that differs somewhat from that of the original Owners Group on which the exhibited planning package have been based. These requests (often detailed and complex) have been received late in the process of preparing planning and development controls for the URA, after the preparation and exhibition of draft controls.
While some of the requested changes could have some merit and be worthy of further consideration, no substantial changes are recommended at this time, so as to avoid further delay in finalising the controls required to facilitate actual release of the URA and provide a supply of future residential land.
There is no time in the current process to fully consider the various requests/changes, the supporting information and investigate/confirm any subsequent amendments required to other parts of the planning and development controls to ensure consistency. It is also likely that the scale of a number of the requested changes would trigger a re-exhibition of the documents, adding further time to the finalisation of the documents.
The planning package that was exhibited was informed by a robust evidence base of technical studies, providing the confidence the development outcome that the controls facilitate is responsible, sustainable, and will meet the needs of the future community. Council funded the development of the evidence base at a reasonable cost and considerable staff time and resources have been expended in getting to this point.
The parties with a current or future interest in the URA who are seeking an alternative development outcome are entitled to submit requests for changes, ideally this would occur (to enable better management and cost recovery) once the exhibited planning and development controls have been settled. This would then require the preparation/submission by the proponents of PP’s and requests for alternative Development Controls, supported as necessary by technical studies. This provides an appropriate opportunity for Council to fully consider the changes. As the established process in this regard includes relevant fees, it allows work to be programmed and delivered in a timely manner while managing impacts on Council’s resources and other planning priorities.
Submissions – Community
One (1) submission was received from a community member of the broader community raising concerns regarding the loss of primary production land and lack of infrastructure to support the new community.
Staff comment - it is acknowledged that the subject land is currently agricultural land. It was however rezoned residential in 2014 following a detailed strategic planning process to provide future settlement options for the regional centre of Nowra-Bomaderry. The overall package of supporting plans that are now being finalised and worked on consider the infrastructure required to support the new community.
Submissions - Government Agencies
The following Government Agencies (5) made further submissions on the planning and development controls when they were placed on public exhibition:
· NSW Rural Fire Service
· Transport for NSW
· DPE - Heritage
· DPE – Biodiversity and Conservation
· NSW Fisheries
DPE – Water Licencing & Approvals Team (formerly NRAR) made its first submission after being first asked for input in early 2021 and seven (7) weeks after the close of the public exhibition period.
Endeavour Energy also made a submission setting out its standard requirements for future development close to existing and planned electricity infrastructure. These have been incorporated into the draft development controls.
NSW Rural Fire Service
Requested a revised bushfire study, seeking:
1. The deletion of short fire run modelling.
2. An assessment of the proposed asset protection zones against Table A1.12.1 in Planning for Bush Fire Protection 2019.
3. Access arrangements for new subdivisions providing more than one access road for subdivisions of three or more lots.
The existing bushfire study recommends asset protection zones for two scenarios – acceptable solutions in accordance with Table A1.12.1 and a performance solution (using what is known as a short-fire run model). The PP confirms the Acceptable Solutions scenario has been used to prepare the planning and development controls. The draft development controls:
1. Require compliance with Table A1.12.1
2. Provide indicative Asset Protection Zones (APZ’s), based on the Acceptable Solution identified in the study,
3. Confirm that greater APZ’s are required for special fire protection developments,
4. Require proponents to submit a staging plan demonstrating more than one access road for each subdivision stage including three or more lots, and
5. Indicate planned connections, but not the timing of those connections, between the release area and the existing road network.
There is no need to update the supporting technical study as requested.
Transport for NSW (TfNSW)
This extensive submission requests:
· An updated traffic and transport study analysing:
o Updated potential dwelling yields.
o Proposed intersection design for new connections to the release area.
o Other modes of travel (public transport, walking, cycling, and micro-mobility).
o Demand for rail services and improved access to Bomaderry Station.
· Information on the delivery of new and upgraded intersections to the URA, including timing and land reservation and acquisition proposals.
· Preservation of land for TfNSW’s future projects, including the Nowra-Bomaderry Bypass and Moss Vale Road. This includes requests to:
o Maintain the current width of the visual buffer along Moss Vale Road (currently zoned C3 Environmental Management).
o Adjust the location of drainage infrastructure.
· Further information on how development proposals will be managed to comply with the indicative development staging.
· An analysis of noise impacts on future residential development.
· An increase in the width of shared user paths to 4 metres (from 2.5 metres).
· Additional references in the draft development controls to contemporary guidance and best practice for public transport planning.
Disappointingly not all these issues were raised in TfNSW’s first submission and noting that the URA is already largely zoned and has a considerable planning (including transport) history, a meeting will be arranged with TfNSW to understand the need for and scope of additional analysis, the timing of its proposed upgrades, and land reservation and acquisition requirements.
DPE - Heritage
Repeated its pre-exhibition request for an Aboriginal Cultural Heritage Assessment (ACHA) to be prepared as soon as possible in the planning process. It also provided some alternative recommendations should the planning and development controls be settled prior to such an assessment occurring, including mapping areas of archaeological potential, and consultation with Aboriginal Communities.
The PP recommends the adjustment of the existing planning controls that were set in 2014, which themselves confirmed earlier planning decisions for this regionally significant URA. The recommended changes do not rezone rural or environmental land for urban purposes, meaning there is limited opportunity to undertake the requested assessment now without delaying the release of the area and incurring considerable costs. The exhibited draft development controls require the requested assessment to be undertaken in the next possible stage of delivering the release area, namely, when preparing development applications for subdivision.
This approach is based on the recommendations of an earlier Aboriginal Archaeological Study, which concluded that the URA is of relatively low heritage sensitivity and there is only one previously recorded Aboriginal object or site present (within the easement of the high-voltage electricity transmission lines). DPE’s Local and Regional Planning Team, who administer the Gateway process, has confirmed its support of this approach.
DPE – Water Licencing and Approvals
Noting the resourcing constraints of the former Agency (NRAR) and its ability to provide timely feedback on the proposed planning and development controls, Council commissioned a Riparian Assessment. This Assessment was exhibited alongside the PP and draft development controls, noting further changes to these documents would be needed when the exhibition and consultation with the new agency is complete.
The Riparian Assessment report provided a peer review of the outcomes for the riparian corridors proposed by the Moss Vale North Owners Group. It also provided contemporary mapping of watercourses and other biodiversity resources and recommendations for riparian zone protection based on the guidelines. These recommendations included:
· The use of the averaging rule (for encroachments and offsets) to facilitate a practical riparian/urban zone boundary.
· Locations for waterway crossings and stormwater basins.
· Improved connectivity of terrestrial and aquatic habitats.
· The land that should be zoned as a riparian corridor (C2 Environment Conservation).
The submission, however, returns to ‘first principles’ and requests the application of uniform width zoning to be applied to riparian corridors, noting concerns with the use of the averaging rule and reduced corridor widths. The submission supports some recommendations of the Riparian Assessment. Given that this is at odds with the exhibited package, a meeting has been sought with the Agency to discuss the history of the URA, explain the role of the Riparian Assessment, clarify its submission, and discuss the present opportunities for further variations noting its delayed feedback.
The proposed C2 Environmental Conservation zone applied to watercourses and riparian lands will require further adjustment to implement the recommendations of the Riparian Assessment and/or any alternative outcomes ultimately negotiated with this Agency.
DPE – Biodiversity and Conservation
Requests further information to demonstrate consistency with the NSW Government’s Local Planning Direction 4.1 Flooding and associated guidance (part of the rules guiding the preparation of planning proposals). This Direction and guidance were updated in March 2022, after the flood risk assessment informing the PP was prepared. The Direction and guidance require more analysis than previous versions, representing a change in this Agency’s position from its earlier submission.
An engineering company has been engaged to refine and update earlier flood modelling to fully understand the risk from a range of flood events. This will enable the PP to be updated to address the most recent version of the documents. In addition, the results of the contemporary modelling will inform the design of road and bridge infrastructure servicing the URA to ensure a flood free access is provided for the future community.
The submission also requested some adjustments of the proposed planning controls applying to areas of remnant vegetation. As these provide potential offset opportunities to manage the restoration of riparian corridors, they will be considered in consultation with the dialogue with DPE - Water Licencing and Approvals.
NSW Fisheries
Submission highlights the importance of the fish habitat provided by Abernethys Creek and requests future development maintain and improve this habitat with appropriate planning controls, restoration of riparian corridors, pollution prevention measures, and water quality initiatives. Relevant requested planning controls will be considered in the further dialogue with the DPE - Water Licencing and Approvals. All other requests are incorporated into the development controls guiding future development of the release area.
Local Infrastructure Planning
The draft development controls set satisfactory arrangements for local infrastructure, identifying essential open space and road and drainage infrastructure. These arrangements are proposed to be supported with a Development Contributions Framework identifying the cost of delivering the infrastructure and mechanisms to collect development contributions towards its delivery (e.g., a Contributions Plan or Voluntary Planning Agreements).
The Development Contributions Framework is still being prepared. Values for the land identified for acquisition to provide the infrastructure are complete, as is the cost to embellish the planned open space. Concept designs and costings of road and drainage infrastructure is programmed for completion in October 2022. This will complete the range of information required to settle development contributions for the URA.
It is important to note several influences on this component of planning for the URA:
· The NSW Government’s $30,000 cap on contributions per dwelling constrains infrastructure planning, meaning some infrastructure needs to be provided by other means, such as government grants, planning agreements and developer led delivery.
· DPE is reforming the infrastructure contributions system – the final outcomes and arrangements are not yet known.
· The Illawarra-Shoalhaven Special Infrastructure Contribution Scheme (SIC) applies to the URA, collecting contributions towards State and Regional infrastructure.
A further report on the draft Development Contributions Framework will be presented to Council in due course seeking endorsement to publicly exhibit the Framework. This may also require corresponding changes to the satisfactory arrangements set in the development controls. These changes and the necessary exhibition process will be outlined in the same report.
Future consents for development in the URA cannot be granted until such time as infrastructure arrangements are in place. This is a requirement of Part 6 of the LEP.
Intended Next Steps
The PP and draft Development Control Plan Chapter require several changes before they can be finalised – the recommended changes in response to the submissions received are consolidated and summarised in Attachment 2.
The documents may also need additional amendment following:
· Meetings with TfNSW and the DPE – Water Licencing and Approvals. These meetings and any subsequent dialogue are expected to occur in coming weeks and will complete required consultation with Government Agencies.
· Receipt of updated flood risk modelling work - programmed for completion in October 2022 and will complete the requirements of the current Local Planning Direction and associated guidance.
These activities may lead to some minor changes to the PP and draft development controls, such as adjustment to zone boundaries and the indicative road layout. Other minor, mechanical changes are also required to ensure accurate references to relevant legislation and planning documents. To allow these changes to progress in as timely a manner as possible, delegation is sought for staff to make necessary reasonable changes. DPE will be consulted on the changes, as administrator of the Gateway process, to identify any potential need to re-exhibit the PP. If more substantial adjustments or re-exhibition is required resulting from the above, a further report will be submitted for Council’s consideration.
The Part 6 ‘release’ provisions in the LEP require Council to be satisfied that infrastructure is available or arrangements have been made to make infrastructure available, i.e. the Development Contributions Framework. The provisions also require the preparation of a DCP.
Recognising that more time is required to finalise a Development Contributions Framework, it is recommended that a future adoption date be set for the commencement of development controls (27 March 2023). This will provide certainty for developers about when development consent can be issued, and the release of the area can commence. If the finalisation of the Development Contributions Framework occurs sooner, the adoption date can be amended by resolution.
Community Engagement
The exhibition package was publicly exhibited on Council’s website from 18 May to 1 July 2022 and a community ‘drop-in’ information session was held on Thursday 2 June 2022, providing the opportunity for people to view the documents and large maps of the future development outcome and also talk to Council’s staff.
A series of meetings were also held with representatives of development companies and their planning consultants with a current or future interest in the URA. This provided an opportunity to discuss the history of planning for the URA, how the exhibited provisions have eventuated, the current exhibition process, and alternative development proposals.
Prior to changes in interests in the URA, a working relationship was established with the then Moss Vale North Owners Group and its Project Team (including planning consultants and engineers). This included monthly updates, sharing copies of technical studies, and workshops to refine development controls. Updates were also issued to other owners within the URA.
Policy Implications
Council’s adopted Local Strategic Planning Statement (Shoalhaven 2040) confirms the importance of current work preparing the planning and development documents for the release area in Planning Priority 1: Providing homes to meet all needs and lifestyles.
The finalisation of the planning documents is a high priority project on the adopted Strategic Planning Works Program and is a focus for the Strategic Planning Team.
Financial Implications
It is noted that Council has expended considerable staff resources and funding to get to this point. Any consideration of the changes now requested by development companies with an interest in the URA requires resourcing and potentially further advice and/or studies from specialist consultants.
As there are no funds allocated for this work, funding and the priority of other planning projects would need adjusting. The management of these requests as separate applications to adjust the settled planning and development controls provides an appropriate process and resources to program and fully consider the requests on a cost recovery basis.
Risk Implications
Further changes to the PP and development controls as consultation is completed with NSW Government Agencies, or in response to requests by development companies with an interest in the release area, may result in the need to exhibit updated documents. This would delay the finalisation and release of residential land in a recognised regionally significant URA.
The Gateway determination for the PP has expired. DPE has however confirmed:
· there is no legal risk to the current process continuing
· It will issue a revised determination once it understands the content of the community/landowner and Agency submissions and the amount of work required to resolve them.
If a revised Gateway determination is not issued, Council will need to reapply to the Gateway Process before it can legally finalise the PP. The draft Development Control Plan is not subject to the same considerations.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
HPERM Ref: D22/365751
Department: Strategic Planning
Approver: Carey McIntyre, Director - City Futures
Attachments: 1. NSW Government Response - Biodiversity Conservation Act - Exemption for zoned Employment Lands Request ⇩
Reason for Report
The reason for this report is to provide a report back to Council on the outcome of representations to the NSW Government requesting that employment zoned land be exempted from the NSW Government’s Biodiversity Offsets Scheme.
That Council: 1. Receive the report on the outcome of representations to the NSW Government seeking exemption of zoned employment land from the Biodiversity Conservation Act 2016 (NSW) for information. 2. Work with relevant NSW Government Agencies on a possible strategic approach to enable development and consideration outcomes in the broader South Nowra Area, including possible Strategic Biodiversity Certification as per the Biodiversity Conservation Act 2016 (NSW). 3. Receive further reports on this project as it progresses.
|
Options
1. As recommended.
Implications: This potentially provides a way forward that could enable future development of zoned employment land in the context of a strategic and sustainable approach to development and biodiversity in the broader South Nowra Area.
2. Continue to advocate for an exemption (or similar) for zoned employment land from the Biodiversity Conservation Act 2016 (NSW)
Implications: There appears to be no support or ability to pursue this further given the outcome of the representations that are covered in this report
Background
Council resolved on two occasions to pursue the exemption of zoned employment land from the Biodiversity Conservation Act 2016 (NSW).
In April 2021, Council resolved that:
1. The CEO and other appropriate staff take part in a joint deputation with representatives of affected owners in the South Nowra Industrial Lands to the Minister for the Environment The Hon. Matt Kean MP with a view to having the NSW Government introduce a general exemption from the biodiversity offset scheme for zoned employment lands.
2. The deputation be organised through the Member for South Coast the Hon. Shelley Hancock MP.
Council revisited this resolution in August 2021, resolving that Council:
1. Re-endorse its decision April 2021 decision to pursue a deputation to the NSW Minister for the Environment seeking to exempt zoned employment land from the NSW Government’s biodiversity offsets scheme.
2. Also include relevant commercial zoned land in the exemption request.
3. Receive a report on the response from the joint (Council and landowners) deputation to the NSW Minister for the Environment.
In August 2021, Council made a similar submission to the NSW Parliamentary Inquiry into the Integrity of the NSW Biodiversity Offsets Scheme. The findings and outcomes from this Inquiry are still pending.
The NSW Audit Office also released a report on the Effectiveness of the Biodiversity Offsets Scheme in late August 2022. That report can be reviewed here.
Representations
In response to the above resolutions a Background Advocacy Paper was provided to the Member for South Coast, the Hon. Shelley Hancock MP with a request for a meeting with the NSW Minister for Environment to discuss the requested exemption.
The Paper presented issues associated with the Biodiversity Conservation Act 2016 (the Act) that are being experienced and drew on the existing zoned and regionally significant South Nowra Employment Precinct as a relevant example.
The Paper requested the following:
Considering the adverse impacts the Biodiversity Conservation Act 2016 is having on regional economic development, jobs and business growth, Shoalhaven City Council is seeking the exclusion of employment zoned land from the application of the Act as a matter of urgency.
The requested meeting ultimately took place on 11 November 2021 with the then Parliamentary Secretary for the Environment, Felicity Wilson MLA and was attended by the Member for South Coast, the Hon. Gareth Ward MP Member for Kiama, landowner/business representatives, NSW Government Agency staff and Council representatives.
Following the meeting with the Parliamentary Secretary and the change in late 2021 to the NSW Government’s Ministerial Portfolios, Council staff continued to pursue a formal response to the representations in this regard through the Local members.
The NSW Minister for Environment and Heritage, James Griffin MP provided a formal response in early August 2022 to the Member for South Coast – see Attachment 1.
Possible Way Forward
The letter from the Minister advises that there are no provisions in the Act that allow for the exclusion of zoned employment lands from the biodiversity assessment requirements. It does however identify an opportunity for a possible ‘whole of Government’ approach to the employment lands in the South Nowra precinct that involves broader strategic consideration of biodiversity alongside planning and infrastructure servicing requirements.
Given the likelihood that an ‘exemption’ would not be possible, potential alternate approaches were raised by NSW Government staff. As a result, early discussions have been held with NSW Government staff regarding a possible alternative strategic option to enable both development and biodiversity outcomes in the broader South Nowra area. This could possibly involve a Strategic Biodiversity Certification approach for the broader area.
Planning Authorities, for the purposes of biodiversity certification, are those listed under Section 8.1 of the Act. They include, but are not limited to, local Councils and the Minister for Planning.
Loans and other financial assistance may be available from the Biodiversity Conservation Trust for planning authorities undertaking biodiversity certification.
The Minister for the Environment determines whether to declare such a proposal ‘strategic’. This is done using criteria outlined in the Biodiversity Conservation Regulation 2017 (NSW).
The criteria are as follows:
1. the size of the area of the land,
2. any regional or district strategic plan under the Environmental Planning and Assessment Act 1979 (NSW) that applies to the area in which the land is situated,
3. advice provided by the Minister for Planning regarding the proposed biodiversity certification,
4. the economic, social or environmental outcomes that the proposed biodiversity certification could facilitate.
Given that it appears highly unlikely that the NSW Government will exempt zoned employment land from provisions of the Act, it is recommended that Council work with the NSW Government on a possible strategic biodiversity approach for development in the broader South Nowra area and Council receive future reports in this approach as it is worked up.
The provision of future reports will enable the justification of the strategic approach associated with the proposal and to enable a formal request to be made to the Minister.
Community Engagement
No formal community engagement was undertaken as part of the representations to the NSW Government in this regard.
Should Council proceed further with the recommended strategic biodiversity approach, then community and landowner engagement will be included as part of this work.
Policy Implications
Depending on the outcome of the recommended strategic biodiversity approach, some adjustments or changes could be required to the Shoalhaven Local Environmental Plan 2014 and other supporting policy documents may be needed. This will be covered in future reports to Council.
Financial Implications
There are likely to be costs associated with the proposed approach. These will be managed within existing budgets or reported to Council for consideration as work progresses should specific funding be required to advance this matter.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.462 Temporary Helicopter Landing Site - Part of West Street Oval - Shoalhaven Hospital Redevelopment Project
HPERM Ref: D22/365816
Department: Strategic Planning
Approver: Carey McIntyre, Director - City Futures
Reason for Report
The reason for this report is to seek in principle Council support for a requested temporary use (3-4 year period) of part of West Street Oval for a Helicopter Landing Site (HLS) to assist the Shoalhaven Hospital Redevelopment Project.
The support sought is only in principle as a separate Development Application process is still required for the use. Any in principle support does not imply that consent will be granted through this process.
That Council: 1. Support in principle, the requested temporary use of part of the West Street Oval for a Helicopter Landing Site (HLS) associated with the Shoalhaven Hospital Redevelopment Project, noting that a separate Development Application process is still required for the use and the outcome of this cannot be predetermined. 2. Request NSW Health Infrastructure to: a. Fund any costs associated with the requested use, including the required temporary/permanent relocation of the existing cricket nets to a suitable site in dialogue with Council staff and the Nowra Cricket Club and/or their reinstatement if needed. b. Continue to liaise on an ongoing basis with the sports clubs that use West Street Oval in regard to the realisation of the proposed HLS and its actual future operation. c. Engage early with the adjacent and directly affected owners/residents regarding the proposed use so that any concerns can be given appropriate consideration.
|
Options
1. As recommended.
Implications: This will enable the requested use that supports the realisation of the hospital redevelopment to proceed further, noting Councils requests and that a development application will still be required.
2. Not support the use of part of West Street Oval for a Helicopter Landing Site (HLS) to assist the Shoalhaven Hospital Redevelopment Project.
Implications: This would potentially impact on the timely delivery of the hospital redevelopment and other options would need to be considered. It could also have an impact on patient safety if the other options involve sites that are further away from the existing hospital than the preferred one.
3. Further option to be determined.
Implications: This would depend on the options recommended by Council and may require closer consideration.
Background
Council considered a report in April 2022 that provided an update on the Shoalhaven Hospital Masterplan and related early actions/outcomes. It was noted in that report regarding the HLS issue that:
The existing ground level hospital helipad is located in the northern part of Lot 104, adjacent to the existing hospital buildings (between current Pre-school and multi-level car park). This will be removed as part of the hospital redevelopment that will include a new roof top helipad on the main new building.
Given this, there will be a need to identify a temporary location that can be used as a helipad to support the continued operation of the hospital during the construction phase (possibly late 2022 through till approximately 2026).
Council staff have been involved in discussions with NSW Health Infrastructure (NSW HI) regarding suitable locations for a temporary helipad close to the hospital and this is currently focussing on the possible use of the West Street Oval area.
This aspect will be the subject of a separate report to Council shortly. It is also noted that the temporary (4-5 years) helipad will require a development approval.
This report provides separate detail on the requested use of part of what is West Street Oval, Nowra that is required for the duration of the construction phase of the hospital redevelopment.
Overview - Temporary Use Request – Part of West Street Oval, Nowra
The current HLS at the hospital receives approximately 7 helicopters per month. This figure has been reasonably consistent in recent years, however planning for approximately 10 helicopters per months would allow for an increase in future demand.
Prior to making this request, various options were reviewed by NSW Health Infrastructure (HI), with the assistance of an aviation consultant looking at patient safety (proximity to hospital is important), operational procedures and also suitability from a clinical and aerospace perspective. The sites/locations that were considered included:
· West Street Oval
· Artie Smith Oval
· Nowra Showground
· HMAS Albatross
· Hospital multi-level car park
· Council land adjacent to Stockland Nowra
From this review West Street Oval was identified as the preferred location for the temporary hospital HLS to best ensure patient safety as it is only 1.5 kms by road from the hospital. The other sites were deemed to be unsuitable die to conflicting use, distance or operational concerns.
Council has now received a formal request from HI to temporarily use part of the West Street Oval complex as an HLS for the duration (3-4 years) of the hospital construction. It is anticipated that the main works at the hospital may commence in early 2023 and progress on the HLS is needed in advance of this.
The request confirms why the site is preferred, suggested operational procedures for use and the key risks, the proposed landing areas and associated works including:
· Removal of current Cricket Nets
· Erection of Floodlight (and switch)
· Placement of 20ft shipping container (to house safety equipment)
· Installation of concrete slab to create Touchdown and Lift Off area (TLOF)
· Installation of concrete slab to create safe ambulance access to Helicopter
· Erection of safety signage
· Create gate in fencing
· Use of existing toilets
The following image from the request shows the: Final approach and take-off area (FATO)/aiming area, air taxy path, TLOF, ambulance waiting area and potential approach/departure paths.
HI has also provided a detailed development concept for the site, the intended operating procedure for the site and a protocol for potentially affected sporting clubs. The sporting club protocol will assist in the event that the oval is in use when a helicopter needs to land.
NSW Health has now formally requested ‘in principle’ support from Council for the use of part of West Street Oval as an HLS during the construction of the Shoalhaven Hospital Redevelopment, noting that a Development Application (DA) will still need to be submitted for consideration before any works or the use commence.
Council’s Role in the Site
The subject land is Crown Land and is part of the West Street Oval public recreation reserve (Lots 701 and 702 DP1024833).
Council assists with the management of the site and its use as a sporting venue that is predominantly used for AFL and also cricket training. The site contains an existing club house, amenities block, flood lights, cricket nets and associated infrastructure (car park etc).
Given Council’s role in the site, City Lifestyles and City Services have been involved in the dialogue with HI. City Lifestyles (Shoalhaven Swim Sport Fitness) have also liaised with the sports clubs that use the oval and it is understood that both clubs (Nowra-Albatross Vikings Australian Rules Football Club and the Nowra Cricket Club) have been consulted and are agreeable to the proposal put forward by HI. The following is an overview of the potential considerations in regard to the two sports:
AFL – in the event of a helicopter needing to land/take off when training or a game is taking place, HI have provided a suggested operating procedure and have had dialogue with the Club around it. This would essentially be, that when a helicopter is inbound, the field will be cleared of players until the helicopter is shut down behind the northern goalposts, after which play or training can resume. Once the helicopter starts up again to depart, the same procedure would apply – clear the field until the helicopter has departed. It has been suggested that the club is comfortable with that approach
Cricket - The use of the facility is limited to training/practice (the nets), with matches being played elsewhere in Nowra. Ideally the existing nets will need to be relocated, either temporarily or permanently, to a more suitable location, possibly within the Showground Precinct. This will need to occur to help facilitate the HLS and the cost of this relocation should be met by HI as a direct impact of their request and also as a broader community benefit outcome associated with the request and related impacts.
Conclusion and Next Steps
Given that the proposed hospital redevelopment is proceeding, with work to commence in earnest in early 2023, there is a need to find a temporary HLS for a 3-4 year period. Considering the overriding community outcome of the need for patient safety, this facility needs to be as close to the existing hospital as practical. As such, Council staff have been working with HI on various reasonable options in this regard.
HI has now requested Council’s ‘in principle’ support for the use of part of the West Street Oval for the temporary HLS. It is noted that when the new hospital is complete the site will cease to be used as the new permanent HLS will be on the roof of the new hospital building.
Some of the next steps that HI will need to follow include:
· Obtain landowners consent from the Crown Land Manager.
· Lodgement and consideration of a development application covering the site works and operation.
· Apply for a licence prior to any works commencing and use commencing.
The existing cricket nets will need to be relocated, either temporarily or permanently, and the costs associated with this should be met by the NSW Government. There will also need to be a continued dialogue involving the cricket club, Council and Hi to facilitate the new nets and their location.
Should Council support the request, potential amenity impacts will need to be fully considered and addressed as part of the required development application process that will follow. HI should ensure that the broader community and adjoining landowners/residents are aware of what is being proposed and that any concerns around noise etc. are considered. The existing sporting clubs who use West Street Oval and could be impacted also need to be kept updated and engaged as this matter progresses.
However, given the overriding need to ensure patient safety and assist with the identification of a temporary HLS that is close to the hospital, it is recommended that Council provide its ‘in principle’ support for the use of the identified site.
Community Engagement
There has been no formal community engagement as part of the consideration of this request. Impacted sporting clubs have however been consulted regarding this proposal with no negative feedback received.
It is noted that any development application that is subsequently submitted will be notified to adjacent owners etc and more broadly.
It is also recommended that HI engage as early as possible with the adjacent and directly affected owners/residents so that any concerns they have can be considered.
Policy Implications
The subject land is zoned RE1 Public Recreation under Shoalhaven Local Environmental; Plan 2014.
The requested temporary HLS is considered to be permissible with consent under the RE1 zoning as an emergency services facility, which is defined as ‘a building or place (including a helipad) used in connection with the provision of services by an emergency services organisation, including a police station and related training facilities’.
Financial Implications
This request should be at no direct financial impact to Council. Any costs associated with it should be met by the NSW Government, including the recommended temporary or permanent relocation of the existing cricket nets.
Risk Implications
There are both broad and specific risk considerations associated with the requested temporary HLS.
The broader public risk is associated with the HLS not being able to be located close to the existing hospital and the increased response times. The identified site is however close to the hospital and would minimise any risks in this regard.
The direct risk of placing the temporary HLS at the identified location is considered in the documents provided by HI.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.463 AATP Stage 5 - Taxiway and Drainage
HPERM Ref: D22/398979
Department: Technical Services
Approver: Carey McIntyre, Director - City Futures
Reason for Report
This report is to inform Council of a forecast cost overrun on the Albatross Aviation Technology Park (AATP) Stage 5 project relating to changes to the extent of the works and poor drainage and ground conditions.
That Council: 1. Note the forecast cost adjustment of $487,594.91 to complete the works at the AATP Stage 5 project in accordance with the approved DA. 2. Endorse a decision to progress the project to completion in accordance with the approved DA. 3. Note that funds to cover the shortfall in available budget will be transferred from the Industrial Reserve.
|
Options
1. Accept the Recommendation
Implications: The works will proceed in accordance with the approved DA, requiring additional budget to be made available from the Industrial Reserve.
2. Seek a Modification to the DA
Implications: The works would be completed as is, with the intention of completing the taxi way in a future stage. This option would rely on the DA modification being accepted. Not completing the taxi way may reduce the useability of some plots of land in the subdivision and hence their sale value or viability to be sold may be reduced.
Background
Following a reallocation of responsibilities within City Futures there has been a change in the Project Management responsibilities for this project and subsequent transitioning of responsibilities and information. Following this transition, some elements of Council's previous approach have been reconsidered and in some instances a need to revise the approach has been identified.
1. Taxiway
The Contractor commenced construction of the taxiway, however it was discovered that the ground conditions on site were not meeting the geotechnical requirements. Subsequently, the Contractor was required to undertake additional works and import more material to bring the ground conditions to an acceptable level of strength. This additional work resulted in additional cost to Council.
In addition, it was determined that previous modifications to the runway extent were not able to be supported as they were contrary to statutory approvals and funding arrangement.
This was confirmed when Council consulted with both the Development Engineer and Certifying Authority and determined that to meet our obligations of the consent conditions, the previously omitted section of taxi way must be constructed. Alternatively, a modification to the DA may be sought although, additional conditions may be added to ensure the land is left in an acceptable state until the taxi way is (or may be) constructed.
Investigations of the ground conditions of the remaining taxiway footprint have confirmed that the conditions are expected to be poor, consistent with the conditions encountered on the adjacent section of taxiway, and that additional work over and above the original design will be required to construct the taxi way to conform to the geotechnical requirements. The estimated cost to complete the taxiway component is an additional $380,458.10 (excl. GST).
Figure 1 below displays the taxiway highlighted in red and blue. The section in Red has been constructed, while the section in blue is the part which was removed. As evident by the plan, the lots to the right of the blue section would not have access to the taxiway unless it is constructed. Note that the lots to the left of the taxiway are part of the future Stage 6.
Figure 1 - Taxiway Layout
2. Overland Water and Drainage
During periods of heavy rainfall experienced in the first half of the year, it was found that a significant amount of water entered into the current Stage 5 works of the subdivision from the west (future Stage 6). It has become apparent that the design did not allow for an interim staging of works to capture this runoff.
As such, there is a need to provide an interim stormwater management strategy that will not compromise the completed works in Stage 5 and adequately capture and drain the overland flows from the west until Stage 6 is developed.
The Civil Contractor has provided Council with a strategy to improve the current overland drainage in this interim stage, identified as the red/yellow swale and channel to the perimeter of the site in figure 2 below.
Figure 2 - Surface Water Mitigation Strategy
The cost of these works has been estimated at $46,970 (excl. GST) for the Civil Contractors Works and a further $15,840 (excl. GST) for the design work of Council’s consultant engineer.
Community Engagement
No community consultation has been undertaken.
Financial Implications
The total forecast additional cost if all works proceeds is $487,594.91 (excl. GST) as broken down below (all figures are excl GST):
1. $$380,458.10 – Construction of Taxi way component
2. $46,970.00 – Construction of drainage works
3. $15,840.00 – Design of drainage works
4. $44,326.81 – 10% contingency of the above
This project is fully funded by Council’s Industrial Land Reserve Fund meaning no impact on the General Fund Budget.
Risk Implications
Taxiway
Should Council adopt to not proceed with the full length of taxiway as per the approved DA, Council may be exposed to additional risk being:
1. Delay of completion of the works
2. Delay finalising the subdivision and subsequent sale of land
3. Additional cost in redesign and construction
4. Reduced value of the available lots not having access to a taxiway
Overland Water
Failure to adequately manage water on site exposes Council to a subdivision with inadequate drainage for adjacent surface run off. Not providing land that is adequately drained may result in a reducing the interest in the land from prospective buyers.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.464 Public Policy for Review - Rescind - Renewable Energy Installations on Council Assets
HPERM Ref: D22/333367
Department: Technical Services
Approver: Paul Keech, Director - City Services
Attachments: 1. Renewable Energy Installations on Council Assets ⇩
Reason for Report
The purpose of this report is to present the Renewable Energy Installations on Council Assets Policy (POL15/28) to be rescinded.
It is noted that all Public Policies are to be submitted to Council within 12 months of the election of Council for consideration.
That Council: 1. Note that the new Sustainability and Climate Change Policy encompasses the content and objectives of the Renewable Energy Installations on Council Assets Policy (POL15/28). 2. Note that Council has adopted a mechanism to ensure the strategic and proactive installation of renewable energy on Council assets through the Renewable Energy Fund. 3. Rescind the Renewable Energy Installations on Council Assets Policy (POL15/28) once the Sustainability and Climate Change Policy is adopted.
|
Options
1. As recommended.
Implications: This option will see the Sustainability and Climate Change Policy replace and rescind the Renewable Energy Installations on Council Assets Policy (POL15/28).
2. That Council do not rescind the Renewable Energy Installations on Council Assets Policy (POL15/28).
Implications: If the Policy is not rescinded, this will result in duplication and unnecessary administrative burden in maintaining two policies which address the same content and intent.
Background
The Renewable Energy Installations on Council Assets Policy (POL15/28) was first endorsed on 19 April 2011 with the purpose ‘to ensure the consistent implementation of a strategic and proactive program for generation of renewable energy on Council assets.’ It was subsequently amended in 2013 and 2017.
The intent and objectives of this Policy have now been incorporated into Council’s Sustainability and Climate Change Policy. Council has also adopted a mechanism to ensure the strategic and proactive installation of renewable energy on Council assets through the Renewable Energy Fund.
Given these developments, maintaining a separate Policy for Renewable Energy Installations on Council Assets (POL15/28) is no longer required.
Community Engagement
No community engagement is required. The community will have opportunity to provide comment on the Sustainability and Climate Change Policy when this is placed on public exhibition.
Policy Implications
The objectives and commitments of the Renewable Energy Installations on Council Assets Policy (POL15/28) have been addressed and superceded by Council’s Sustainability and Climate Change Policy.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.465 Public policy for review - rescind - Sustainable Energy Policy
HPERM Ref: D22/333510
Department: Technical Services
Approver: Paul Keech, Director - City Services
Attachments: 1. Sustainable Energy Policy ⇩
Reason for Report
The purpose of this report is to present the Sustainable Energy Policy (POL20/71) to be rescinded, as this Policy will be superceded by Council’s Sustainability and Climate Change Policy.
It is noted that all Public Policies are to be submitted to Council within 12 months of the election of Council for consideration.
That Council: 1. Note that the new Sustainability and Climate Change Policy encompasses the content, targets, and objectives of the Sustainable Energy Policy (POL20/71). 2. Note that Council has adopted a mechanism to ensure the strategic and proactive installation of renewable energy on Council assets through the Renewable Energy Fund as outlined in its Sustainable Energy Strategy (2020 – 2025). The Sustainable Energy Strategy remains current and relevant, and will be complemented by the Sustainabilty and Climate Change Action Plan. 3. Rescind the Sustainable Energy Policy (POL20/71) once the Sustainability and Climate Change Policy is adopted.
|
Options
1. As recommended.
Implications: This option will see the Sustainability and Climate Change Policy replace and rescind the Sustainable Energy Policy (POL20/71).
2. That Council do not rescind the Sustainable Energy Policy (POL20/71).
Implications: If the Policy is not rescinded, this will result in duplication and unnecessary administrative burden in maintaining two policies which address the same content and intent.
Background
The Sustainable Energy Policy (POL20/71) was adopted on 28 May 2019 with the purpose ‘to ensure access to affordable, reliable, sustainable and modern energy (consistent with the United Nation’s Sustainable Development Goals), for both its operations and that of the wider Shoalhaven community.’
The development of Council’s new Sustainability and Climate Change Policy presented an opportunity to streamline Council policies relating to sustainability into one overarching Policy. The intent, targets and objectives of POL20/71 have therefore been incorporated into this new Policy.
Given these developments, maintaining a separate Policy for Sustainable Energy is no longer required.
Community Engagement
No community engagement is required. The community will have opportunity to provide comment on the Sustainability and Climate Change Policy when this is placed on public exhibition.
Policy Implications
The targets, objectives and commitments of the Sustainable Energy Policy (POL20/71) have been addressed and superceded by Council’s Sustainability and Climate Change Policy.
Council’s Sustainable Energy Strategy (2020 – 2025) remains current and relevant, and this Strategy will remain in place and be referenced and complemented by the Sustainabilty and Climate Change Action Plan.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.466 New Public Policy for Review - Sustainability and Climate Policy
HPERM Ref: D22/332548
Department: Technical Services
Approver: Paul Keech, Director - City Services
Attachments: 1. Draft Sustainability and Climate Policy ⇩
Reason for Report
The purpose of this report is to present the Draft Sustainability and Climate Policy to Council to be endorsed for public exhibition.
That Council: 1. Endorse the Sustainability and Climate Policy for public exhibition. 2. Note that following this period of public exhibition, a summary of community feedback and recommendations will be reported to Council along with the final draft Policy. 3. Note that following adoption of the Policy, a Sustainability and Climate Action Plan will be prepared to implement the objectives and targets of this Policy. 4. Note that the objectives and targets of this Policy overlap with Council’s current Sustainable Energy Policy (POL20/71) and Renewable Energy Installations on Council Assets Policy (POL15/28). It is therefore recommended that these Policies be rescinded following the adoption of the Sustainability and Climate Policy.
|
Options
1. As recommended.
Implications: This option will see the Sustainability and Climate Policy be released for public exhibition and community consultation for one month. Once this period is complete, a summary of feedback and any recommended changes to the Policy will be presented to Council.
2. That Council request further changes to the Policy before endorsing the policy to be released for public exhibition.
Implications: This will depend on the extent of any changes/approaches. Further changes will delay the finalisation of the Policy and the subsequent development of the Sustainability and Climate Action Plan.
Background
On 3 February 2019 council participated in a ‘Sustainability Diagnostic’ workshop with 19 staff representatives from across council including members of the Executive Management Team. A report summarising the findings of the workshop included a number of recommendations. These included that Council:
- Develop a definition of sustainability for the organisation
- Set meaningful sustainability objectives and targets to improve
- Establish a sustainability policy and action plan
This report was presented to Council who accepted the recommendations and resolved to:
1. Adopt the recommendations outlined in the Sustainability Workshop report
2. Endorse the development of a Sustainability Policy for Council
3. Endorse the development of a Sustainability Action Plan for Council
4. Authorise the General Manager/Director to establish a reference group consisting of interested Councillors and appropriate staff to advance 1, 2 and 3 above, and that at least quarterly progress reports are provided to Council.
In line with this resolution, a draft Policy has been developed with input received from key staff and Councillors through workshops and meetings conducted between June and August 2022.
Community Engagement
Internal engagement
This Draft Policy has been developed following internal consultation with staff representing key areas of council, including Planning, Procurement, Technical Services, Waste Management and Environmental Services.
A Policy workshop was conducted with Councillors on 29 August 2022 to receive input and feedback on the Policy purpose, objectives, and definitions, and feedback from this workshop informed an update of the Draft Policy. The updated Draft Policy was then circulated to Councillors for further feedback from 2-14 September, with no additional changes requested.
External engagement
The Draft Policy will be placed on Council’s Get Involved page for public exhibition for a period of one month to enable feedback and input from the community. Following this period of community engagement, the results and recommendations of this engagement process and the community feedback received will be reported to Council along with the final draft Policy for endorsement.
Policy Implications
The subject matter of this Policy overlaps with Council’s current Sustainable Energy Policy (POL20/71) and Renewable Energy Installations on Council Assets Policy (POL18/52). The Draft Sustainability and Climate Policy has been developed to incorporate the objectives and targets of these existing Policies and it is therefore recommended that these Policies be rescinded following the adoption of this Sustainability and Climate Policy.
Financial Implications
This Policy has no direct financial implications, however the development of the responding Sustainability and Climate Action Plan will involve budgeting and financial considerations.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.467 Tenders - Replacement of Two Timber Bridges with Concrete Structures
HPERM Ref: D22/367919
Department: Works & Services
Approver: Paul Keech, Director - City Services
Reason for Report
To inform Council of the tender process for the replacement of two timber bridges with concrete structures as part of the Fixing Country Bridges Program - Round 1.
In accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, some information should remain confidential as it would, if disclosed, prejudice the commercial position of the person who supplied it. It is not in the public interest to disclose this information as it may reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests. This information will be considered under a separate confidential report.
That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.
|
Options
1. Accept the recommendation
Implications: Consider a separated confidential report on the matter
2. Council makes a different resolution
Implications: This is not recommended as an extensive evaluation process has been undertaken by the tender evaluation team in accordance with the tender evaluation plan
Details
Project Description
Council was successful in obtaining a grant of $2.98M to match Council’s contribution of $1.45M for the replacement of six (6) timber bridges with concrete bridges, as part of the Fixing Country Bridges Round 1 Program (D21/96296).
On 14th March 2022, (D22/43088) Council resolved to accept tenders for four bridges:
• ”Tannery Bridge” – along Tannery Rd, over Good Dogs Creek – Cambewarra
• “Henry’s Bridge” – along Main Rd, over Tapitallee Creek tributary – Cambewarra
• “Petty’s Bridge” – along Croobyar Rd, over Croobyar Creek tributary – Croobyar
• “Koloona Bridge” – along Koloona Dr, over Bangalee Creek – Bangalee
The construction of three of three of these bridges is nearing completion and the construction of the fourth bridge (Koloona Drive) has recently commenced.
This report relates to the tender to construct the remaining two bridges, partly funded by TfNSW in Round 1 of the Fixing Country Bridges Program.
• “Yarramunmun Creek Bridge” - along Yalwal Rd, over Yarramunmun Ck, Yalwal; and
• “Chisholm’s Creek Bridge” - along Bundewallah Rd, over Chisholm Ck, Bundewallah
These two bridges form Phase 2 of Council’s current bridge replacement program under Stage 1 of the Fixing Country Bridge Program.
Tendering
Council called tenders to replace two timber bridges with concrete structures using InQuik prefabricated formwork and steel reinforcement bridge components supplied by Council as part of the Fixing Country Program - Round 1 on 2 June 2022 which closed at 10:00 am on 23 June 2022.
Three tenders were received for the Yarramunmun Ck bridge, and two tenders were received for the Chisholm’s Ck bridge at the time of closing as summarised in the tables below.
Yarramunmun Creek Bridge
Tenderer |
Location |
Jirgens Civil P/L |
South Nowra |
HD Civil P/L |
Moruya |
Nace Civil P/L |
Prestons |
Chisholm’s Creek Bridge
Location |
|
HD Civil P/L |
Moruya |
Nace Civil P/L |
Prestons |
Details relating the evaluation of the tenders are contained in the confidential report.
Policy Implications
Nil. The tender process has followed the requirements under the provisions of the Local Government Act 1993.
Financial Implications:
A total project budget of $2,535,888 is required to fully fund both bridge projects. A total of $1,030,000 has been allocated by TfNSW from the Fixing Country Bridges Program - Round 1 budget with a further $300,888 expected to be allocated shortly from TfNSW as a variation request. A total of $825,000 has also been allocated by Shoalhaven Water, as part of access to Danjera Dam, and a further $250,000 has been allocated from Shoalhaven Council bridge replacement program. This leaves a project shortfall of $130,000 which relates to the Chisholm’s Creek bridge.
Funding is available from the Local Road Repair Program to cover the $130,000 project shortfall for the Chisholm’s Creek bridge project.
Risk Implications
Details relating to the Risk Implications are contained in the confidential report.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.468 Tenders - Supply & Lay Asphalt – July 2022 to June 2024
HPERM Ref: D22/384920
Department: Works & Services
Approver: Paul Keech, Director - City Services
Reason for Report
To inform Council of the tender process for Supply & Lay Asphalt – July 2022 to June 2024.
In accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, some information should remain confidential as it would, if disclosed, prejudice the commercial position of the person who supplied it. It is not in the public interest to disclose this information as it may reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests. This information will be considered under a separate confidential report.
That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.
|
Options
1. Accept the recommendation
Implications: Consider a separated confidential report on the matter
2. Council make a different resolution
Implications: This is not recommended as an extensive evaluation process has been undertaken by the tender evaluation team in accordance with the tender evaluation plan
Details
Project Description
Tender for the Supply & Lay Asphalt for the City of Shoalhaven for the period July 2022 to 30th June 2024. This comprises of Resurfacing, Construction Projects, Maintenance Heavy Patching, CBD Night works and Natural Disaster initiated works. To allow shorter project timeframes while ensuring value for money to Council a contract with predetermined rates will be procured for Supply & Lay of Asphalt in the Shoalhaven City LGA.
Tendering
Council called tenders for City of Shoalhaven - Supply &
Lay Asphalt – July 2022 to June 2024 on 21
July 2022 which closed at 10:00 am on 18 August 2022. Eight tenders were
received at the time of closing. Tenders were received from the following:
Tenderer |
Location |
Stateline Asphalt Pty Ltd |
Rockdale, NSW 2216 |
State Asphalt Services Pty Ltd |
Prestons NSW 2170 |
Southern Asphalt Services Pty Ltd |
Turner, ACT |
Roadworx Surfacing Pty Ltd |
Unanderra, NSW |
Knight Civil Pty Ltd |
Moorebank, NSW |
Fulton Hogan Industries Pty Ltd |
Kembla Grange, NSW |
Avijohn Contracting Pty Ltd |
Smeaton Grange, NSW |
Asphalt Laying Services Pty Ltd |
Arndell Park, NSW |
Details relating the evaluation of the tenders are contained in the confidential report.
Policy Implications
Nil. The tender process has followed the requirements under the provisions of the Local Government Act 1993.
Financial Implications:
Sufficient funds have been allocated in the roads maintenance budget for 2022/23. Funding is available to cover the tender amount.
Risk Implications
Details relating to the Risk Implications are contained in the confidential report.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.469 Acquisition of Land & Easement - Cambewarra Locality
HPERM Ref: D22/390912
Department: Technical Services
Approver: Paul Keech, Director - City Services
Reason for Report
This report is to provide Council with an opportunity to consider a confidential report for the acquisition of land in the Cambewarra locality.
Further information is provided in a separate confidential report in accordance with Section 10(2)(c) of the Local Government Act 1993; if the information was disclosed, this would confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business with.
That Council, in accordance with Section 10(2)(c) of the Local Government Act 1993, considers a separate confidential report in relation to property acquisition matters associated with Cambewarra locality.
|
Options
1. Adopt the recommendation
Implications: Consider a separate confidential report for the proposed acquisition of land in the Cambewarra locality.
Background
Land is required to facilitate the delivery of infrastructure associated with the Moss Vale Rd Urban Release Area, including construction, operation & maintenance of a future road and water supply infrastructure.
The Moss Vale Road South Urban Release Area is imminent urban development with current subdivision applications under assessment.
Council commenced negotiations in December 2021 to obtain permit to enter and construction licence agreements for the proposed area of acquisition.
Risk Implications
Failure to acquire the land will impact on the timely release of land within the Moss Vale Road South Urban Release Area as well as impact on the completion of other supporting infrastructure.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.470 Development Application – 32 & 36 Yarrawonga Drive Mollymook Beach – Lot 211 DP 1043758 & Lot 304 DP 1234415
DA. No: DA21/2359/4
HPERM Ref: D22/353631
Department: Development Services
Approver: James Ruprai, Director - City Development
Attachments: 1. Planning Report - S4.15 Assessment - 32 Yarrawonga Dr Mollymook Beach (under separate cover) ⇨
2. Planning Report - S4.15 Assessment - 36 Yarrawonga Dr Mollymook Beach (under separate cover) ⇨
3. Draft Development Consent - 32 Yarrawonga Dr Mollymook Beach (under separate cover) ⇨
4. Draft Development Consent - 36 Yarrawonga Dr Mollymook Beach (under separate cover) ⇨
5. Development Plans - 32 Yarrawonga Dr Mollymook Beach (under separate cover) ⇨
6. Development Plans - 36 Yarrawonga Dr Mollymook Beach (under separate cover) ⇨
Description of Development: Construction Two Storey Attached Dual Occupancies at 32 & 36 Yarrawonga Dr Mollymook Beach
Owner: AMJ Capital Pty Ltd – 32 Yarrawonga Dr Mollymook Beach
NM & PV Coelho – 36 Yarrawonga Dr Mollymook Beach
Applicant: Buildcert Planning
Notification Dates: 17 November 2021 to 2 December 2021
No. of Submissions:
DA21/2359 - 32 Yarrawonga Dr, Mollymook Beach: Fifteen (15) submissions (objections).
DA21/2348 - 36 Yarrawonga Dr, Mollymook Beach: Thirteen (13) submissions (objections).
Purpose / Reason for consideration by Council
The applications were called in for determination by the Council due to the public interest on 8 February 2022, by a Notice of Motion (MIN22.54). On 25 July 2022, Council considered the applications. At that meeting, Council resolved to defer the applications to a briefing (MIN22.466), which was held on 8 August 2022.
That the: 1. Development Application DA21/2359 to construct a two-storey attached dual occupancy and Torrens title subdivision at Lot 211 DP 1043758, 32 Yarrawonga Dr, Mollymook Beach be approved subject to the conditions contained in Attachment 3 of this report. 2. Development Application DA21/2348 to construct a two-storey attached dual occupancy and Torrens title subdivision at Lot 304 DP 1234415 36 Yarrawonga Dr, Mollymook Beach be approved subject to the conditions contained in Attachment 4 of this report.
|
Options
1. Approve the development applications (DAs) in accordance with the recommendation of this report.
Implications: This would allow the applicant to pursue construction of the developments.
2. Refuse the development applications (DAs).
Implications: Council would need to determine the grounds on which the application is refused, having regard to sections 4.15 considerations. A refusal enables the applicant to lodge a section 8.2 Review and / or appeal with the Land and Environment Court of NSW (LEC).
3. Alternative recommendation.
Implications: Council will need to specify an alternative recommendation and advise staff accordingly.
Location Map
Figure 1 - 36 Yarrawonga Dr Mollymook Beach (blue border) &
32 Yarrawonga Dr Mollymook Beach (yellow border)
Figure 2 - Vacant Lot at 32 Yarrawonga Dr Mollymook Beach
Figure 3 - Vacant Lot at 36 Yarrawonga Dr Mollymook Beach
Background
Proposed Development
Both DAs seek approval for the construction of a two-storey attached dual occupancy with Torrens Title subdivision on each lot:
|
32 Yarrawonga Drive |
36 Yarrawonga Drive |
Proposed Development |
Construction of a two-storey attached dual occupancy and Torrens subdivision |
|
Lot Areas |
665.8m2 |
730.1m2 |
Proposed Height |
7.8m (SLEP 2014 Max Height of Building 8.5m) |
7.3m (SLEP 2014 Maximum Height of Building 11m) |
Street Presentation |
Each unit has a mix of finishes including brick veneer, rendered wall sections and vertical BGC Duragroove cladding, with skillion Colourbond roofs.
Street presentation is a two- storey construction with stepped, fenestrated design aligned according to the slope of the land with a double garage and entry door, small 1st floor verandahs and windows for each unit that are separated by a retaining wall located on the dividing boundary.
Two separate driveways |
Each unit has a mix of finishes including rendered brick veneer, horizontal w/board cladding with metal Colourbond skillion roofs.
Yarrawonga street presentation comprises 2 storey construction with single garage door, recessed GF portico entry and fenestrated front wall articulation.
Kooyonga Cl street presentation is a mix of 1 and 2 storey stepped construction with rendered brick veneer and horizontal wall cladding with fenestrated building elements
Combined driveway |
Proposed Floor Plan for each unit |
4 bedrooms, centrally located bathroom and laundry, open kitchen, dining area and living area that allows direct access to the outdoor alfresco area |
4 bedrooms, centrally located bathroom and laundry, open plan kitchen, dining area and living area
Both units have covered outdoor living areas and level open space areas accessed from the main internal living areas. |
Proposed GFA for units |
367.73m2 |
314m2 |
Proposed Lot Sizes |
Lot 1 - 326.9m2 Lot 2 - 338.9m2 |
Lot 1 - 411.4m2 Lot 2 - 318.7m2 |
Floor space ratio (FSR) |
0.55:1 |
0.43:1 |
Proposed Earthworks |
Earthworks with an approximate cut of 1.5m and fill of 750mm. Retaining walls will be used adjacent to the eastern boundary, rear northern and rear western boundary |
Earthworks propose a cut of 1.5m and fill <300mm |
Table 1 – Proposed development criteria for each application
Figure 4 – Site Plans - 32 Yarrawonga Dr, Mollymook Beach
Figure 5 - 36 Yarrawonga Dr, Mollymook Beach
Figure 6 - South & East Elevations - 32 Yarrawonga Dr Mollymook Beach
Figure 7 -North & West Elevations - 32 Yarrawonga Dr Mollymook Beach
Figure 8 - South & East Elevations - 36 Yarrawonga Dr Mollymook Beach
Figure 9 - North & West Elevations - 36 Yarrawonga Dr, Mollymook Beach
Figure 10 – Landscape Plan - 32 Yarrawonga Dr, Mollymook Beach
Figure 11 – Landscape Plan - 36 Yarrawonga Dr, Mollymook Beach
Subject Land
The development sites comprise Lot 211 DP 1043758 (32 Yarrawonga Dr Mollymook Beach) and Lot 304 DP 1234415 (36 Yarrawonga Dr Mollymook Beach). Refer to Figures 1 and 2.
Site & Context
The development sites are both vacant, located on the northern side of Yarrawonga Drive between Yarra Yarra Close and Kooyonga Close, Mollymook Beach in an area characterised by low density development.
Specifically:
32 Yarrawonga Dr Mollymook Beach
§ Is vacant and rectangular in shape.
§ The lot is in close proximity to the Mollymook Golf Course, which is approximately 50m to the south, and is approximately 1.3km to the west of Mollymook Beach.
§ Is zoned R2 Low Density Residential and is 665.8m2 in area.
§ Slopes from north east to south west, with a cross fall of approximately 4 metres.
§ The lot has a drainage easement that runs adjacent to the western side boundary.
36 Yarrawonga Dr Mollymook Beach
§ The lot is surrounded by low density residential development to the east and west and adjoins a large vacant R1 zoned lot to the north that is yet to be developed. The north western section of this lot remains in its natural state. Two detached residences that were approved as a dual occupancy in 2017 under DA17/2342 and subsequently subdivided under approval SF10648 are located opposite the site.
§ The lot is in close proximity to the Mollymook Golf Course, which is approximately 50m to the south, and is approximately 1.3km to the west of Mollymook Beach.
§ Is zoned R1 General Residential and is 730.10m2 in area.
§ Slopes from north east to south west, with a cross fall of approximately 5 metres.
§ The lot has a sewage easement that runs adjacent to the western side and front boundaries
Figure 12 – Zoning Map - 32 Yarrawonga DR Mollymook Beach – R2 Low Density Zone (yellow border)
36 Yarrawonga Dr Mollymook Beach – R1 General Residential Zone (blue border)
History
The following provides details on pre-lodgement discussions, post-lodgement actions and general site history for context:
§ No informal enquiries were made with Council, or formal pre lodgement discussions held prior to lodgement.
§ The applications were lodged on 10 November 2021.
§ As a result of detailed assessment of the applications, additional information was requested from the applicant in relation to 32 Yarrawonga Dr on 15 December 2021 for a revised stormwater plan.
§ On 23 December 2021, the applicant submitted a revised stormwater plan for 32 Yarrawonga Dr which was referred back to the Development Engineer for review.
§ The applicant was invited to consider and respond to submissions for both applications on 27 January 2022.
§ Following the above, the applicant considered and provided comments in response. Revised statements of environmental effects were submitted on 2 June 2016 clarifying floor space ratio calculations.
Planning Assessment
The Development Applications have been assessed under s4.15(1) of the Environmental Planning and Assessment Act 1979. Please refer to Attachments 1 and 2.
The proposed applications have been assessed against the relevant planning instruments and have been found to be satisfactory.
Consultation and Community Engagement:
Notification was undertaken for both applications in accordance with Council’s Community Consultation Policy with letters being sent within a 25m buffer of the site. The notification period was 16 November 2021 to 3 December 2021. All submissions received in response to the notification and after the notification, were objections.
32 Yarrawonga Dr Mollymook Beach
Fifteen (15) submissions have been received within the notification period from a total of eleven (11) objectors. One submitter made three (3) submissions and two (2) submitters made two (2) submissions.
36 Yarrawonga Dr Mollymook Beach
Thirteen (13) submissions have been received from a total of nine (9) submitters. One submitter made three (3) submissions and two (2) submitters made two (2) submissions.
A request to extend the timeframe for the consideration of both applications was received on 19 December 2021 from the Ulladulla and Districts Community Forum. A further submission was received on 3 February 2022 stating that the Forum had visited both sites believing the proposed two dual occupancies were too bulky for the sites and would detract from the well cared for streetscape, due to most housing being single storey.
Key points (for both DAs) are summarised below.
§ Character & Density
§ Driveway & garage door width.
§ Side setbacks.
§ Privacy & overshadowing
§ Car parking
§ Traffic.
§ Amenity impacts
§ Floor Space Ratio
§ Earthworks and retaining walls
§ Holiday letting
The issues raised were generally consistent for both applications with the exception of Floor Space Ratio (FSR) which was raised for 32 Yarrawonga Drive. This is discussed later in this report.
The assessment of the application considered the matters raised in the submissions (as prescribed by s4.15(d) and concluded on balance having regard to all the heads of consideration (section 4.15 Evaluation), that the application should be approved. A detailed analysis can be found in the attached section 4.15 assessment reports.
Summary of Main Issues
Compatibility and Character
Issue
The development is inappropriate and out of character with the streetscape and immediate surrounds because the area is low density residential being mostly single storey owner occupied dwellings.
Comment
Consideration of the compatibility of the proposal and its surroundings can be undertaken having regard to the Land and Environment Court Planning Principle on “compatibility with context” in Project Venture Developments V Pittwater Council [2005] NSWLEC 191. In order to test whether a proposal is compatible with its context, the following two questions can be asked:
i. Are the proposal’s physical impacts on surrounding development acceptable? The physical impacts include constraints on the development potential of surrounding sites.
The proposals physical impacts on surrounding development have been assessed against the relevant provisions in Shoalhaven Development Control Plan 2014 (DCP) and found to be satisfactory. The impacts on surrounding amenity, solar access and streetscape character are acceptable.
ii. Is the proposal’s appearance in harmony with the buildings around it and the character of the street?
It is considered that the proposed two storey modern design is in harmony with the buildings around it consistent with the character of streetscape, which is a mix of one and two storey dwellings which also use similar pitched roofs and mixed building material cladding. Although the street predominantly has single storey dwellings, there are several two storey dwellings in Yarrawonga Drive.
Dual occupancy development is an appropriate and permissible land use in the R2 low density residential zone and the R1 General Residential Zone and were also permissible under the Shoalhaven Local Environmental Plan 1985 (SLEP1985) and reaffirmed by council under Shoalhaven Local Environmental Plan 2014 (SLEP 2014). There are many dual occupancy developments in both of the zones in the Mollymook Beach area.
With respect to the tenancy arrangements, occupation of the dwellings may be by owners or renters. Tenancy status is not a planning consideration having regard to section 4.15 “Evaluation” of a development application.
Privacy
Issue
Privacy and overlooking of neighbouring dwellings.
Comment
There is no privacy or overlooking impacts to adjoining neighbours as the rear living areas and private open space (POS) are on the ground floor and the dwellings are to be set down/excavated into the site. Most conventional dwellings have private open space at the rear and at ground level. The dividing fences will provide privacy to the POS at the rear.
One of the neighbours across the road is concerned about overlooking from the front deck of 32 Yarrawonga Drive into their front yard. Given the distance between dwellings (>24m) and the fact that it is a small upper floor deck off a bedroom/rumpus room facing a public road there will be no privacy impacts. Front yards of suburban houses are also generally viewable from the street.
Overshadowing
Issue
Overshadowing of neighbouring properties living areas, POS and solar panels on the roof.
Comment
The applicant has provided shadow diagrams that indicate that the neighbouring house, 34 Yarrawonga Dr, which has solar panels on the roof will receive a minimum of three hours sunlight on June 21. In addition, given the north / south orientation, the other neighbouring properties will also receive adequate sunlight to north facing windows and POS in accordance with the NSW Land and Environment Court – Planning Principle: Sunlight – Access to Sunlight.
Setbacks
Issues
32 Yarrawonga is not setback from the front the required 7.5m and that both proposed dual occupancies did not have adequate setbacks from the side boundaries for utilities and deep planting.
Comment
The required setbacks in Table 2 of Chapter G13 of the DCP for a lot between 600m2 and 900m2 is for the front setback 6m to the dwelling and 5m to verandahs, patios and awnings. The side setback minimum is 900mm for single storey structures and 1.2m for any two-storey component. The setbacks for the developments are:
32 Yarrawonga Drive
· Front setback: Dwelling to frontage: 6.07m
· Articulation to front boundary: 5.41m
· West side boundary: 1.2m (ground floor); 3.3m (first floor)
· East side boundary: 1.04m (ground floor); 3.0m (first floor)
· Rear boundary: 6.55m
36 Yarrawonga Drive
· Front setback to dwelling 8m
· Articulation to front boundary 6.7m
· The side setbacks are 1.015m and 3.455m and 1.65m to the second storey component.
· Rear setback is 4.22m
All setbacks comply with Table 2 and are generally consistent with the neighbouring dwelling at 34 Yarrawonga that has a 6m front setback to the dwelling house.
The side setbacks are all greater than the 900mm, compliant with the DCP, and considered adequate distance for utilities and landscaping.
Floor Space Ratio
Issue
The exceedance of the floor space ratio (FSR) at 32 Yarrawonga Dr.
Comment
Acceptable Solution A2.1 Table 1 of Chapter G13 of councils DCP provides that dual occupancies <1,000m2 site area have a maximum FSR of 0.5:1. The FSR for 32 Yarrawonga Drive is 0.55:1 and is exceeded by 10% which equates to 33m2. The applicant has requested a variation to this requirement and provided justification to support this request.
· The proposed development is of an appropriate scale in respect to established development in the immediate locality.
· There are adequate setbacks from the boundaries and appropriate articulation of the front façade which break up the front wall which materiality lessens the visual effect of bulk form when viewed from the public domain.
· The dwelling is of a contemporary design, assimilating to the emerging character of dwelling development within the locality. The development is considered sympathetic to the desired future character of the area.
Consideration of the compatibility of the proposal and its surroundings in relation to Floor Space Ratio can be undertaken having regard to the Land and Environment Court Planning Principle on assessment of height and bulk in Veloshin v Randwick Council [2007] NSWLEC. The proposals height and bulk is sympathetic to the surrounding area which is a mix of one and two storey development. It is also consistent with the existing and future streetscape and fits in with the residential character of the area. The floorspace does not compromise internal amenity, site amenity or streetscape impact. The proposal contains ample private open space, clothes drying areas, correct parking allocation and on-site storage. The amenity of future residents will not be affected. There are no adverse impacts as a result of the additional floor space on neighbours. The development presents to the street and has architecture which is modern and consistent with the neighbourhood.
Figure 13 – presentation to the street, 32 Yarrawonga Dr, Mollymook
Driveway & garage door width
Issue
The two-driveway access proposed for 32 Yarrawonga Dr and the width of the garage does not comply with the Acceptable solutions in the DCP.
Comment
The acceptable control (A25.2) states that the “The cumulative garage facades addressing the street shall not exceed 9m, or 50% of the length of the frontage, whichever is the lesser.” The intent of the control is to add visual interest, provide for passive surveillance and ensure garages do not dominate the design.
The garage facades measure a total of 12.01m, and the frontage of the lot is 18.5m of which 50% is 9.25m, and the frontage of the building is 17.3m of which 50% is 8.65m.
The applicant has requested Council to vary this control and undertake a merit-based assessment stating that:
· The proposed double garages are offset in excess of 2m and are considered to be maintained within the front façade of each dwelling appropriately.
· Each unit provides substantial front wall articulation to lessen the visual impact of garage wall openings from the public domain.
· The garage element is not considered to be the main point of visual focus when viewed from the street.
Irrespective of the frontage measurement, the garages are recessed, and the design of the front elevation includes a portico and a balcony for each dwelling, which provide visual interest and address the street frontage appropriately. It is considered that the garages do not overwhelm the street frontage and the design meets the performance criteria of the control. Refer to Figure 13 in this report which illustrates the front building façade. It is not atypical to many modern homes or dual occupancies.
The provision of two driveways is considered acceptable. The road network is suitable to accommodate separate driveways in this location. Noting that the proposal includes Torrens subdivision, there is also a practical benefit in separating the driveway as it is not necessary to have reciprocal rights of carriageway.
Carparking & Traffic
Issue
Increased traffic and parking impacting on the safety and amenity of what is now a quiet street and compromising access for emergency services and Council services.
Comment
Both dual occupancies have provided 2 car parking spaces for each dwelling in accordance with the requirements of DCP Chapter G21.
The dual occupancy development is not expected to increase traffic to a point that will have any adverse impacts on the road network. The impacts of traffic from permissible uses in the land use zones would have been a consideration at the subdivision stage and the road layout has been designed accordingly. In addition, Yarrawonga Drive is a quiet, ‘dead end’ street to the north and adjoins Kooyong Cl to the west which is also a ‘dead end’ street.
Amenity impacts
Issue
Amenity impacts and overdevelopment on the surrounding low-density neighbourhood will be adversely impacted by dual occupancy development and it should not be permitted.
Comment
The R1 General Residential and R2 Low Density zoning of the lots allows for dual occupancy development with Council approval, and it is also permitted as complying development. These zones permit a range of development types. The R1 zone permits denser forms of housing to facilitate the objective of providing a “variety of housing types and densities”.
All residential zones in the Shoalhaven permit dual occupancy development.
Holiday letting
Issue
That the properties will be used for holiday letting which is a tourist use.
Comment
The potential for holiday letting is not a consideration for development approval for a dual occupancy application.
Holiday letting is exempt development in dwellings, including dual occupancy dwellings, under SEPP (Housing) 2021 – Short Term Accommodation which applies to the entire State.
Earthworks & Retaining Walls
Issue
Concerns of excavation and retaining walls on the boundary could de-stabilise existing fencing and impact on the privacy of neighbouring properties.
Comment
Conditions are imposed to ensure the retaining walls are appropriately engineered and contained within the site boundaries, and that an assessment is made of the impact of any excavation that is within the zone of influence of any structures or foundations.
The dwellings are to be excavated into the site. Noting the existing fencing, the ground floor living area windows and alfresco areas which face the rear, will not result in unacceptable privacy impacts. The location of the private spaces (to the rear and at the nominated levels) are considered an acceptable outcome.
Street presentation
Issue
Concern was relayed to Council about the street presentation and if the rooms at ground level were habitable.
Comment
Both residences (for each dual occupancy) proposed as part of the dual occupancies are facing the street, include street facing entry and possess proper individual street addresses.
The intention of the DCP (Chapter G12) control is to ensure that dwellings have a sense of address. There is no issue with either dual occupancy properly ‘facing’ the street. See DCP extract below.
Where there is dual frontage, the dwellings should face each frontage.
Issue
No. 36 is a corner lot and benefits from dual frontage. The DCP states that where this is a corner lot and where practicable, one dwelling should address the primary frontage and the other, the secondary.
Comment
In this instance, the secondary lot faces Kooyonga Close. It is not fully constructed. There is also an easement for batter. Accordingly, the nominated design for No. 36 has taken these ‘constraints’ into account. It is not entirely practicable to face each frontage.
The applicant has provided the following response to the issues raised in the submissions:
· Solar access to north facing windows of 31 Yarrawonga Dr remain predominantly undeterred.
· The design responds to the topography of the land, minimizing excessive earthworks.
· The design provides articulation, a modernized design form, is sympathetic to the desired future character of the area, and the bulk is not considered to be excessive for the locality.
· The FSR and scale is appropriate, the breakup of the front wall lessens the visual effect of the bulk.
· The two driveways on 32 Yarrawonga Dr are appropriate given the slope, sight lines and safety have been considered.
· Both developments are car parking compliant with ample space on site to mitigate the need to park on the roadway.
· Setbacks are compliant and balconies off upper floor bedrooms do not pose privacy impacts and allow for passive surveillance.
· Each dwelling achieves sufficient POS, landscaping, and residential amenity.
· Dual occupancy development is permissible in the low-density zone.
· Neighbouring solar panels receive more than 4 hours solar mid-winter.
· Not anticipated that each dwelling is likely to generate a high volume of vehicle usage.
· The established roadway is considered sufficient to cater for increased traffic demand which would have been assessed at the subdivision stage.
· Retaining walls do not infringe on neighbouring properties and will have appropriate drainage and structural reinforcement.
Financial Implications:
The applicant is entitled to appeal a decision of Council. In the event of an appeal being lodged with the NSW Land and Environment Court, Council would be responsible for covering its costs through proceedings.
Legal Implications
A section 8.2 review and / or an appeal with the Land and Environment Court are possible if the application/s are refused.
Summary and Conclusion
The proposed developments have satisfied the provisions of SLEP 2014, and the overall objectives and provisions contained within Shoalhaven Development Control Plan (SDCP) 2014.
These applications have been subjected to a detailed analysis of the issues raised in the submissions which have been addressed in this report.
The applications for the dual occupancy developments are compliant with the relevant planning instruments and are recommended for determination by way of approval subject to conditions outlined in Attachments 3 and 4 of the draft determinations.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.471 S355 Management Committees - Policy Review and Annual Council Delegation
HPERM Ref: D22/322104
Department: Shoalhaven Swim Sport Fitness
Approver: Jane Lewis, Director - City Lifestyles
Attachments: 1. Management Committees Policy ⇩
Reason for Report
To seek approval for the following:
1. Minor changes to the Management Committees Policy, as part of Council’s standard review of policies following the election of a new Council.
2. To confirm Council’s Section 355 Management Committees’ delegated responsibility and their authority to expend up to an amount of $5,000.
3. To confirm the authorisation enabling the CEO to approve membership appointments to Section 355 Management Committees.
That: 1. Council adopts the revised Management Committee Policy (POL22/72). 2. The Section 355 Management Committees listed in this report retain their delegated responsibility pursuant to Section 377 Local Government Act 1993 for the care, control and management of their facilities with authority to expend up to an amount of $5,000, consistent with the delegation. 3. The authorisation of the CEO to approve membership appointments to Section 355 Management Committees as required be confirmed.
|
Options
1. As recommended
Implications:
Council’s community facilities will continue to improve as models of management are further developed and Management Committees are supported to improve their operations.
2. Council alter the delegated responsibility for the care, control and management of its community facilities with authority to expend up to a different amount, consistent with that delegation.
Implications:
· Increasing the ‘authority to spend’ amount would increase the risk of inappropriate expenditure of funds by the Management Committee
· Decreasing the amount would restrict the ability of the Management Committee to manage finances independently of Council’s officers
· Changing the governance model may result in inefficient use of facilities and an increased (unfunded) cost burden to Council and staff workloads
3. Council determine to not accept the recommendation and provide alternative direction.
Implications:
· Delay may impact Council’s ability to meet the requirement for review of policies within twelve (12) months of the election of a new Council
· Changes may affect the efficient running of Council’s community facilities and their use by the community
Background
This report reviews the annual delegation of responsibility to Council’s Section 355 Management Committees, authorisation of the CEO to approve membership appointments, and recommends minor revisions to the Management Committee Policy.
Policy Review
All Council policies should be reviewed within twelve (12) months of the election of a new Council.
The following changes are proposed in the draft Policy:
· Removal of information about former policies that were rescinded upon adoption of this policy on 28/06/2005
· Addition of Implementation information, that the City Lifestyles Directorate will administer this policy
Annual Delegation
Council annually ratifies the delegated responsibility of Section 355 Management Committees for the care, control and management of the Council facilities they manage on behalf of Council, with authority to expend up to an amount of $5,000.
The delegation allows community groups to take greater ownership and value-add to Council’s community facilities while at the same time efficiently managing resource requirements from Council. The terms of this delegation are formalised in Council’s Management Committees Policy and Management Committee Guidelines.
Membership Appointments
Council also annually ratifies the authorisation to the Chief Executive Officer to determine members as required to Section 355 Management Committees. This authorisation reduces the operational workload for Councillors, as many changes may be made in Management Committee membership during the year.
Active S355 Management Committees:
The following list of active committees includes the new Section 355 Management Committee for Erowal Bay Tennis Courts. Council delegated responsibility for the management of the courts at its Ordinary Meeting, 22 August 2022.
City Lifestyles - Shoalhaven Swim Sport Fitness:
· Berry Showground (Hazel Berry & David Berry Parks)
· Bill Andriske Oval
· Callala Community Centre
· Culburra Tennis Courts
· Currarong Tennis Courts
· Erowal Bay Tennis Courts
· Frogs Holla Sporting Complex
· Huskisson Tennis Courts
· Kangaroo Valley Showground (Osborne Park)
· Kioloa-Bawley Point Community Centre
· Milton Showground
· Shoalhaven Heads Community Centre
· Shoalhaven Heads Tennis Courts
· Shoalhaven Rugby Park
· Sussex Inlet Thomson Street Community Facilities
· Vic Zealand Oval
· Wandandian Recreation Reserve
· Worrigee Equestrian Common
· Yulunga Recreation Reserve
City Lifestyles - Shoalhaven Libraries:
· Friends of Milton Library (this committee has no financial delegation)
City Services - Building Services:
· Bomaderry Community Centre
· Burrill Lake Public Hall
· Callala Bay Progress Hall
· Callala Beach Community Centre
· Culburra Beach Community Centre
· Former Pyree School
· Greenwell Point Memorial Community Hall
· Huskisson Community Centre
· North Nowra Community Centre
City Services – Works and Services:
· Huskisson Wharves (this committee has no financial delegation)
· Ulladulla Slipway (this committee has no financial delegation)
· Woollamia Boat Ramp (this committee has no financial delegation)
Community Engagement
In August 2022 the draft Policy was circulated for comment to the following stakeholders:
· Shoalhaven Swim Sport Fitness staff, Shoalhaven City Council
· Building Services staff, Shoalhaven City Council
· Works and Services staff, Shoalhaven City Council
· Community Planning & Projects staff, Shoalhaven City Council
No amendments were recommended from the consultation.
Broader community consultation was not undertaken as the proposed changes do not impact the intent or effect of the Policy.
Policy Implications
All Council policies should be reviewed within twelve (12) months of the election of a new Council.
Financial Implications
Community-based Management Committees taking responsibility for the care, control and management of local facilities results in increased income through greater engagement, ownership and use of community assets. This is a cost-effective delivery method for providing community infrastructure and services at a local level.
Risk Implications
Should Section 355 Management Committees be disbanded, and the facilities revert to Council management, there would be an increased staffing workload and requirement for additional Council staff to maintain and administer the facilities.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.472 Acceptance of Grant Funding - Reconnecting Regional NSW - Community Events Program
HPERM Ref: D22/390887
Department: Shoalhaven Entertainment Centre
Approver: Jane Lewis, Director - City Lifestyles
Reason for Report
To inform Council of successful funding via Reconnecting Regional New South Wales – Community Events Program for a series of events and activities - Shoalhaven Let’s Celebrate, Create and Laugh.
That Council: 1. Receive this report for information of a successful funding application from Reconnecting Regional NSW – Community Events Program to the value of $311,547 a. The funding will support of a series of events and community engagements under the banner of Shoalhaven Let’s Celebrate, Create and Laugh b. This funding will support the following events: i. Shoalhaven – Let’s Celebrate South Coast Country on October 8 and 9, 2022.. ii. Shoalhaven Let’s Create – will be led by Shoalhaven Regional Gallery. iii. Shoalhaven Let’s Celebrate – Casey Donovan Reconnects Live in Concert at the Shoalhaven Entertainment Centre iv. Shoalhaven Let’s Laugh – Multicultural Comedy Gala will be held at Ulladulla Civic Centre v. Shoalhaven Let’s Celebrate – Live and Local Microfestival.
|
Options
1. Receive this report for information
Implications: Shoalhaven Let’s Celebrate, Create and Laugh programmes will be delivered in accordance with the Reconnecting Regional NSW – Community Events Program funding.
2. Council declines to receive the report
Implications: Place Council at financial risk as expenses have already been undertaken via producer and artist contracts, and on marketing campaigns.
Background
The aim of the $25 million Reconnecting Regional NSW – Community Events Program is to promote economic and social recovery across all 93 NSW Local Government Areas. The program was designed to assist communities and businesses to recover from the impacts of COVID 19 restrictions, border closures and cumulative natural disasters.
Shoalhaven Let’s Celebrate, Create and Laugh was curated to meet the Reconnecting Regional NSW objectives of stimulating activity in the events, hospitality and accommodation sectors by providing an immediate revenue boost.
It was also planned to respond to the Government’s vision of reconnecting regional communities by facilitating the delivery of events that promote greater social cohesion, bringing people together and creating improved social outcomes.
These events will be evaluated via Culture Counts a social impact survey-based tool which is routinely employed by both the Shoalhaven Regional Gallery and Shoalhaven Entertainment Centre.
Shoalhaven Let’s Celebrate, Create and Laugh features the following shows and events:
Shoalhaven – Let’s Celebrate South Coast Country
This celebration of Australian country music on October 8 and 9, 2022 and will feature top-ranking bands at Shoalhaven Entertainment Centre; plus a free family fun day on October 9 from 10am-3pm.
Tickets are $9 for the Saturday night, and Sunday afternoon program in the Auditorium. The fun day, on the Entertainment Centre forecourt will include live performances on an outdoor stage, an MC, roving acts, participatory workshops, visual arts activities and food trucks.
Shoalhaven Let’s Create – Public Art Project
This event will be led by Shoalhaven Regional Gallery. This is a large-scale public art participation project which will enable community members to reconnect through ceramic workshops, an exhibition and a launch event.
Each tile made, in locations across the Shoalhaven, will be exhibited at the Gallery. The project will assist 1000 people to make a tile for exhibition under the tutelage of ceramic artists. The public exhibition and celebration is planned as an opportunity to reconnect in addition to the workshops.
Shoalhaven Let’s Celebrate – Casey Donovan Reconnects Live in Concert
This concert will be at the Shoalhaven Entertainment Centre on Saturday, October 1. Celebrated First Nations artist and former Australian Idol Casey Donovan will perform with her five-piece band. Tickets are $9.
The concert was planned as a complementary activity to the NSW Aboriginal Rugby League Knockout Carnival. Ticket sales are strong.
Shoalhaven Let’s Laugh – Multicultural Comedy Gala
This event will be held at Ulladulla Civic Centre on Saturday, November 19. Admission is free. Patrons must have registered for a ticket via Shoalhaven Entertainment Centre box office or website. This show is yet to go on sale.
Shoalhaven Let’s Celebrate – Live and Local Microfestival.
The location for this festival is still to be announced and the date will be agreed with participating venues and retailers. Live and Local Shoalhaven, with the support of the Live Music Office and APRA AMCOS, is a project designed to increase live music performance opportunities and to capacity build the live music audience and sector.
All Shoalhaven artists engaged to perform in the festival will be paid. Attendance for the community is free.
Community Engagement
Rich community engagement opportunities will be offered via the programming, particularly in relation to the South Coast Country free family fun day activities, and also through the tile-making workshops and exhibition launch for Shoalhaven – Let’s Create.
Media and Communications will occur through the established channels by SEC Marketing Staff with support from Council’s Communications Team where required.
Financial Implications
Each of the five events were fully costed in preparation to access the Reconnecting Regional NSW funding allocation of $311,547 for Shoalhaven LGA.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.473 Notice of Motion - Agars Lane Berry
HPERM Ref: D22/398885
Submitted by: Clr Patricia White
Clr Tonia Gray
Purpose / Summary
The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.
That Council: - 1. Provide a temporary speed reduction on Agars Lane Berry from 80kph to 60kph between Beach Road and Coolangatta Road Berry. 2. Provide ‘Slow Down: Wildlife Crossing” signage along the road as soon as possible. 3. Provide ongoing maintenance and drainage works along the whole road. 4. Encourage residents and road users to write to Transport NSW requesting consideration to a permanent reduction to speed limit on Agars Lane, Berry. 5. Write to Transport NSW supporting residents for a reduction in speed on Agars Lane.
|
Background
Agars Lane Berry is a beautiful country “lane” that over recent years residents are concerned it is being replaced with a clinical carriageway. Agars Lane is the road from which the local waste depot is accessed from Shoalhaven Heads (to the East) and Berry residents (from the west). Additionally, a newly established wholesale nursery has trucks and cars entering and leaving the nursery, with near misses already occurring at the intersection of the property with an 80km road and poor visibility both left and right.
Roads like Agars Lane (and including Beach Road) are important roadside vegetation corridors as they contain existing large trees, many containing tree hollows essential for hollow dependant species such as the Greater Glider (recently listed as Endangered throughout NSW).
Since late 2021 residents have been writing to Council with concerns: -
1. Recent increase in traffic on the road
In the period since 10/5/22 Agars Lane has borne increased traffic during the flood events of May (when Coolangatta Rd was closed) and July (when both Coolangatta Rd and Gerroa Rd were closed). During this period traffic volumes increased significantly and yet a majority of drivers travelled at 80km/hr when it was unsafe to do so. Clearly, Agars Lane fulfils an essential transport corridor at times of flooding but the subsequent impact on the road surface is severe. Residents have repeatedly advised Council staff that the Lane was in its worst state in the last 5 years.
Council’s Waste Facility is located on Agars Lane and residents have observed numerous instances of large trucks travelling to and from the Waste Facility having difficulty passing other vehicles at speed. The Wholesale Nursery opened to the public, has a large patronage, and has increased traffic flows as well. There are relatively high volumes of large trucks passing through Agars Lane at any time including milk transportation trucks, trucks carrying earthmoving equipment and construction trucks.
2. Current speed limit of 80kph
Agars Lane is a narrow lane where it is difficult for two vehicles to pass each other at speed in certain sections of the road. The lane is particularly narrow with poor visibility due to a rise in the road around the culvert that runs between 450 Agars Lane and the property over the road (456 Agars Lane).
With increase traffic, cyclists, wildlife, and deteriorating condition of the road surface in recent months, the residents firmly believe there is a strong case for a reduction in speed from 80kph to 60kph for safety reasons.
Examples of windy and narrow roads and other roads of a similar nature to Agars Lane where the speed limit has recently reduced from 80kph to 60kph include Black Forest Road, Bryces Road, and Hannigans Lane.
Staff have recently undertaken speed surveys. The raw traffic data conclusion drawn from a week’s period identified speeding was not a significant problem compared with other roads across the network city wide. However, the current condition of the road may have led to lower overall speeds and that the speed survey should be repeated in the future in drier periods with the road in better condition for comparison.
3. The amount of native roadkill
Residents are monitoring the current roadkill. Over the last 12 months there has been a substantial increase in the wildlife roadkill along the lane. Removal of trees is not the solution; slower road speeds will abate the issue. The higher rainfall has provided wildlife with improved feeding opportunities along the verge and surrounding paddocks. In particular, the straight stretch of road is where a lot of the wildlife are killed and there is a need for wildlife crossing signs. Native wildlife is especially at risk, especially where there is forest adjacent to the narrow road. Residents of the lane have witnessed dead plovers, galahs, swamp hens, ducks, brush tail possums, turtles, blue tongues, kangaroos, swamp wallabies, echidnas, and diamond pythons. Agars Lane also has existing records of sugar gliders and black swans reside in nearby Coomonderry Swamp. The most significant amount of roadkill occurs near the Council waste facility and at the sharp bend further south near Coomonderry Swamp. This is distressing for residents and young children.
4. Increased number of inexperienced recreational cyclist
The impact of Covid has also seen a material increase in the number of recreational cyclists using the Lane. A number of the cyclists are elderly and inexperienced bike riders. Approximately 18 months ago signage was placed in a couple of locations along the Lane. Observations are that this initiative has had limited success in improving road safety. On the narrow parts of Agars Lane, it can be difficult to pass cyclists with one car, let alone try to negotiate the cyclists when two cars are travelling past each other. There are concerns that there will be a serious accident involving a cyclist given the current speed limit and significant increase of cyclists we have seen in recent times. Also, runners and walkers are regularly utilising the lane, which has little or no verge and therefore little or no ability to remove oneself from the path of traffic.
In summary, residents want to retain their “country lane” and believe that a reduction in speed to 60kph and installation of wildlife signage will provide an improved road environment for all. The easiest, cheapest, and minimum environmental impact option is to reduce road speeds.
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.474 Notice of Motion - Shoalhaven City Council Supports an End to Native Forest Logging in NSW South East
HPERM Ref: D22/399183
Submitted by: Clr Moo D'Ath
Purpose / Summary
The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.
That Council: - 1. Supports the rapid end to logging of public native forests in NSW South-East. 2. Advocates to the NSW Government for the urgent development of a plan for the just transition of the Forestry Corporation NSW native forest sector to ecologically sustainable plantations and farm forestry and that such plans ensure the protection of existing jobs in this sector. 3. Advocates that the NSW State government enact plans to manage our State Forests, in partnership with South Coast communities and local councils, for their nature-based tourism assets, recreational opportunities, biodiversity values, for carbon sequestration and continue to manage forests for fire mitigation (fire trail maintenance etc), weed & pest control. 4. Writes, in such advocacy, to: a) The Hon. Dominic Perrottet MP, Premier of NSW; b) The Hon. Dugald Saunders MP, Minister for Agriculture and Western NSW; c) The shareholder Ministers for Forestry Corporation of NSW being The Hon. Matt Kean MP, Treasurer and Minister for Energy, and The Hon. Damien Tudehope MLC, Minister for Finance and Employee Relations; d) The Hon. Shelley Hancock MP, Member for South Coast, and e) The relevant Shadow Ministers, in accordance with items 2 & 3 being The Hon. Chris Minns MP, Leader of the Opposition, The Hon. Mick Vietch MLC, Shadow Minister for Agriculture, The Hon. Jihad Dib MP, Shadow Minister for Energy and Climate Change and The Hon. Anoulack Chanthivong MP, Shadow Minister for Finance.
|
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
CL22.475 Notice of Motion - Call in of DA22/1847 - 31 Currambene Street, Huskisson
HPERM Ref: D22/400252
Submitted by: Clr Evan Christen
Purpose / Summary
The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.
That DA22/1847 - 31 Currambene Street, Huskisson be called in for determination by Council due to public interest
|
|
Ordinary Meeting – Monday 26 September 2022 Page 1 |
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.
(c) Councils should consider the long term and cumulative effects of actions on future generations.
(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.
(c) Councils should develop activities, and prioritise actions, to work towards the strategic goals.
(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.