Agenda of Ordinary Meeting - Monday, 10 October 2022

Ordinary Meeting

Meeting Date: Monday, 10 October, 2022

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

Time: 5.30pm

Membership (Quorum - 7)

All Councillors

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

Shoalhaven City Council live streams 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 - 26 September 2022

6. Declarations of Interest

7. Presentation of Petitions

8. Mayoral Minute

Mayoral Minute

MM22.24..... Mayoral Minute - Condolence - Barrie Ellis.................................................... 1

MM22.25..... Mayoral Minute - Condolence - Jenny Thompson......................................... 2

9. Deputations and Presentations

10. Call Over of the Business Paper

11. A Committee of the Whole (if necessary)

12. Committee Reports

CL22.518..... Report of the Homelessness Taskforce Shoalhaven - 1 September 2022... 3

HT22.27...... Homeshare Funding Project - Shoalhaven

CL22.519..... Report of the Nowra CBD Revitalisation Strategy Committee - 14 September 2022........................................................................................................................ 4

CBD22.27... Policy Review - Road Closure (Events) Junction Court Policy and Nowra CBD Banner Policy

CBD22.32... Nowra CBD Facade Improvement Program

13. Reports

City Performance

CL22.520..... Councillor Membership - Audit, Risk & Improvement Committee............... 14

CL22.521..... Register - Disclosure of Pecuniary Interest Returns - 2021/22................... 16

CL22.522..... 2021/22 Council Borrowings - TCorp Loan Agreement............................... 25

CL22.523..... Indigenous Leadership Summit 2022........................................................... 28

City Futures

CL22.461..... Report Back - Employment Zoned Land Representations - Exemption from NSW Biodiversity Conservation Act 2016............................................................. 30

CL22.524..... Proponent Planning Proposal Request - 17 Croobyar Road, Milton - Centre Based Child Care Facility........................................................................................ 34

City Services

CL22.525..... Accessible Parking Spaces - Nowra CBD - Investigate Upgrade to Australian Standards..................................................................................................... 42

CL22.526..... Grant of Easement for Drainage of Water - Lot 1 DP 1084362 - 42 Coomea Street Bomaderry.................................................................................................... 47

City Development

CL22.527..... RA21/1002 – Flatrock Road, Mundamia – Lot 436 DP 808415.................. 52

CL22.528..... Demolition of Existing Garage and Construction of a New Detached Garage - DA22/1909 - 107 Jerry Bailey Road Shoalhaven Heads - Lot 10 DP 24264 57

CL22.529..... Development Application Fee Reimbursement Request – Anglican Church Property Trust Diocese of Sydney – DA22/1550........................................................ 74

CL22.530..... Policy - Community Consultation Policy - for Development Applications (Including Subdivision) and the Formulation of Development Guidelines and Policies 76

City Lifestyles

CL22.531..... Policy Review - Community Gardens on Council Managed Land............... 78

CL22.532..... Shoalhaven Community Wellbeing Plan - Outcomes of Public Exhibition.. 84

CL22.533..... Shoalhaven City Council Homelessness Policy Review........................... 102

CL22.534..... Policy Review - Shoalhaven Entertainment Centre Hiring Policy.............. 110

Shoalhaven Water

CL22.535..... Tenders – Bendeela Reservoir Design and Construction Project............. 112

Councillor Conference Report

CL22.536..... Sustainable Economic Growth for Regional Australia (SEGRA) Conference 2022.................................................................................................................... 115

Note: An addendum report will be submitted to the meeting regarding 52 Parker Crescent, Berry - Public Interest Representations for the Revocation of a Complying Development Certificate (CD22/1532)

14. Notices of Motion / Questions on Notice

Notices of Motion / Questions on Notice

CL22.537..... Notice of Motion - Continued Waving of Rates Ulladulla Pistol Club........ 116

CL22.538..... Notice of Motion - Wildlife Protection on Berry’s Country Lanes............... 118

CL22.539..... Notice of Motion - 52 Parker Cres Berry.................................................... 120

15. Confidential Reports

Reports

CCL22.28.... Tenders – Bendeela Reservoir Design and Construction Project

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.

Ordinary Meeting – Monday 10 October 2022

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CL22.520 Councillor Membership - Audit, Risk & Improvement Committee

HPERM Ref: D22/413566

Department: Business Assurance & Risk

Approver: Sara McMahon, Manager - Business Assurance & Risk

Reason for Report

To nominate a Councillor to replace Clr Wells on the Audit, Risk and Improvement Committee.

Recommendation

That Council nominate Councillor (INSET NAME) as a member of the Audit, Risk and Improvement Committee for the period to September 2023, replacing Clr Wells.

Options

1. Council nominates a replacement for the vacancy of the Councillor position by Clr Wells for the Audit, Risk and Improvement Committee for the period to September 2023.

2. An alternate recommendation

Background

At the Ordinary Meeting 26 September 2022, the following was resolved regarding the membership on the Audit, Risk and Improvement Committee (MIN22.674):

That Council continue the operation of Audit, Risk and Improvement Committee for the period to September 2023 as outlined below.

Meetings per year – Minimum of 4 & others as required

Commencement time – 4pm

Quorum: Three (3) – including 1 Councillor & 1 External member

Charter: D19/261344 (39763E)

Amended: 30/7/2019

Objective

The objective of the Audit, Risk and Improvement Committee (ARIC, the Committee) is to provide independent assurance and assistance to Shoalhaven City Council on risk management, control, governance, business improvement related matters and external accountability responsibilities.

Authority

The Council authorises the Committee, within the scope of its role and responsibilities to:

1. Obtain any information it needs from any employee or external party (subject to their legal obligations to protect information).

2. Discuss any matters with the internal or external auditor or other external parties (subject to confidentiality considerations).

3. Request the attendance of any employee or councillor at Committee meetings.

4. Obtain external legal or other professional advice considered necessary to meet its responsibilities.

Chairperson - Independent Member appointed by Committee

2022-2023 Councillor / Staff Membership

Clr Wells

Clr White

Clr Butler (alternate)

Clr Christen (alternate)

Note: Any non-voting Councillor in attendance at any of the above Committees may act as an alternate voting member in circumstances where achievement of a quorum is required.

Independent Community Representatives

3 Independent community representatives

Sitting Fee for Community Members $16,213 per annum for the chairperson and $1,621 per meeting for other independent members. A travel per kilometre allowance based on the Councillor rates is also paid.

Following the meeting Clr Wells has advised that he wishes to resign as a voting member of the Committee. He has stated that he would be willing to remain as an alternate member if required.

Ordinary Meeting – Monday 10 October 2022

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CL22.521 Register - Disclosure of Pecuniary Interest Returns - 2021/22

HPERM Ref: D22/349605

Department: Business Assurance & Risk

Approver: Sara McMahon, Manager - Business Assurance & Risk

Attachments: 1. Designated Officers - Register of Returns ⇩

Reason for Report

This report is being submitted directly to the Ordinary Meeting due to the requirements under the Code of Conduct and the Local Government Act 1993.To provide Council with the Register of Pecuniary Interest Returns lodged with the Chief Executive Officer (CEO) for the period of 1 July 2021 to 30 June 2022 as required under Section 4.21 of the Code of Conduct.

Recommendation

That:

1. The report regarding the Register – Disclosure of Pecuniary Interest Returns lodged for the period of 1 July 2021 to 30June 2022 be received for information.

2. The Chief Executive Officer consider appropriate action in respect of any Designated Persons who have failed to provide their return for the period of 1 July 2021 to 30 June 2022.

Options

1. Council may withdraw delegated authority to the Committees whose members have not completed the returns.

Implications: Withdrawing Delegated Authority from Committees may impact on more resolutions being reported to Council.

2. The Chief Executive Officer may suspend membership of Committees for any member in contravention of the Model Code of Conduct.

Implications: Suspending membership until the form has been returned may result in the Committees not reaching Quorum for meetings.

Background

The lodgement date for Pecuniary Interest returns covering 1 July 2021 to 30 June 2022 was 30 September 2022.

Persons with an obligation to lodge a pecuniary interest return by 30 September 2022 are listed in Attachment 1 of the register tabled at this meeting.

Notice was provided to:

· All Councillors via hard copy and email on 16 August 2022

· Designated Staff between 10 to 25 August 2022

· Committee members on 31 August 2022.

Reminders were sent via email to designated officers on 13, 21, 26 September 2022, reminding them to complete the form.

Despite the attempts and reminders stated above, 2 designated persons as noted in Attachment 1 have not completed a return at the time of preparing this report and have not provided explanation for their failure to do so (i.e., not away, or unable to complete due to illness or other reason).

Advice provided to Council by the Office of Local Government in September 2015 was that ‘hard copies’ of returns are no longer required to be tabled at the Council meeting. Therefore, the register of returns for this period is attached and tabled.

Electronic versions of the disclosure documents (with relevant redactions) are available on the Council website, in accordance with requirements under the Government Information (Public Access) Act, 2009.

Executive Management Team at its meeting on 23 November 2021 resolved as follows:

That EMT:

2. Amend the approach of the Council to reflect the requirements of the GIPA Act by placing appropriately redacted Returns of Interest of Councillors and Designated Officers on the Council Website from 1 April 2022.

Risk Implications

A failure of meeting the obligations with respect to the Pecuniary Interest Returns by designated officer leaves Council at risk of non-compliance with legislative requirements, conflict of interests and limited transparency.

Ordinary Meeting – Monday 10 October 2022

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CL22.522 2021/22 Council Borrowings - TCorp Loan Agreement

HPERM Ref: D22/405836

Department: Finance

Approver: Sara McMahon, Manager - Business Assurance & Risk

Attachments: 1. TCorp Loan Agreement Facility 1 (councillors information folder) ⇨

2. TCorp Loan Agreement Facility 2 (councillors information folder) ⇨

3. TCorp Loan Agreement Facility 3 (councillors information folder) ⇨

Reason for Report

This report is to seek Council approval to enter into loan agreements with NSW Treasury Corporation (TCorp) for both General Fund and Waste Fund borrowings that have previously been endorsed by Council.

Recommendation

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

Loan #	Purpose of the Loan	Loan Amount
		$
Loan 1	Materials Recovery Facility	8,000,000
Loan 1	Bioelektra Resource Recovery Facility RRF	7,000,000
Total Loan 1 (Waste Fund):		15,000,000
Loan 2	Bomaderry Basketball Stadium	650,000
	Local Roads Renewal	2,500,000
	Public Amenities (Francis Ryan Reserve and Hyams Beach Reserve)	1,350,000
	SEC Upgrade	2,100,000
	Comerong Ferry	600,000
Total Loan 2 (General Fund):		7,200,000
Loan 3	Sanctuary Point Library	6,000,000
Loan 3	Ulladulla Skate Park	1,350,000
Total Loan 3 (General Fund):		7,350,000
TOTAL:		29,550,000

Options

1. Adopt the recommendation in the report.

Implications: Council will be able to take up loans and fund capital projects in accordance with the adopted 2021/22 Delivery Program and Budget.

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

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

Background

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

The borrowings outlined in this report were approved in principle by Council as part of the 2021/22 Delivery Program and Operational Plan and a subsequent additional borrowing for the Shoalhaven Entertainment Centre Upgrade and Cladding (Min 21.237C). Please note that these borrowings do not include the Holiday Haven proposed loan program for 2021/22 ($5,264,300). The loan for Holiday Haven will be sourced from other financial institutions as TCorp’s loan facilities are not available for a Council run business which is in competition with existing privately run businesses.

The summary of the proposed borrowings along with the estimated interest expenditure is summarised in the 10 year projections table below:

Loan #	Project	Loan Amount	Total Interest over Life of the Loan	Funding Source
Loan #	Project	$	$	$
1	Materials Recovery Facility	8,000,000	1,979,720	Waste Fund
1	Bioelektra Resource Recovery Facility RRF	7,000,000	1,732,255	Waste Fund
	Total Funded by Waste Fund:	15,000,000	3,711,975
2	Bomaderry Basketball Stadium	650,000	160,852	General Fund
2	Local Roads Renewal	2,500,000	618,662	General Fund
2	Public Amenities (Francis Ryan Reserve and Hyams Beach Reserve)	1,350,000	334,078	General Fund
2	SEC Upgrade	2,100,000	519,676	General Fund
2	Comerong Ferry	600,000	148,479	General Fund
3	Sanctuary Point Library	6,000,000	1,484,790	General Fund
3	Ulladulla Skate Park	1,350,000	334,078	General Fund
	Total Funded by General Fund:	14,550,000	3,600,615
	Total	29,550,000	7,312,590

Loan #	Project	Loan Amount	Total Interest over Life of the Loan	Funding Source
Loan #	Project	$	$	$
1	Materials Recovery Facility	8,000,000	1,979,720	Waste Fund
1	Bioelektra Resource Recovery Facility RRF	7,000,000	1,732,255	Waste Fund
	Total Funded by Waste Fund:	15,000,000	3,711,975
2	Bomaderry Basketball Stadium	650,000	160,852	General Fund
2	Local Roads Renewal	2,500,000	618,662	General Fund
2	Public Amenities (Francis Ryan Reserve and Hyams Beach Reserve)	1,350,000	334,078	General Fund
2	SEC Upgrade	2,100,000	519,676	General Fund
2	Comerong Ferry	600,000	148,479	General Fund
3	Sanctuary Point Library	6,000,000	1,484,790	General Fund
3	Ulladulla Skate Park	1,350,000	334,078	General Fund
	Total Funded by General Fund:	14,550,000	3,600,615
	Total	29,550,000	7,312,590

It is important to note that out of $29.55M of new borrowings, $15M of principal repayments will be funded from the Waste Reserve and the remaining $14.55M from the General Fund.

The estimated total cost of the interest on new borrowings over 10 years is $7.3M of which $3.7M will be funded from the Waste Reserve and the balance $3.6M from the General Fund.

It is important for Council to gain the best interest rates on borrowings and locking this agreement in place will ensure the lowest interest rate available for the full term of the loan agreement. The current indicative interest rate provided by TCorp is 4.41%, an updated interest rate will be provided when the drawdown date has been confirmed. This rate is more favourable when compared to indicative interest rates from the financial sector of 5.79%.

Copies of the proposed loan agreements are provided for the information of Councillors in the Councillor Information Folder.

Ordinary Meeting – Monday 10 October 2022

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CL22.523 Indigenous Leadership Summit 2022

HPERM Ref: D22/418147

Department: Business Assurance & Risk

Approver: Sara McMahon, Manager - Business Assurance & Risk

Reason for Report

To consider Councillor attendance at the Indigenous Leadership Summit 2022 scheduled for 15 to 18 November 2022 in Sydney, NSW.

Recommendation

That Council

1. Notes the details of the Indigenous Leadership Summit 2022 scheduled for 15 to 18 November 2022 in Sydney, NSW.

2. Authorises available Councillors to attend the conference and such attendance be deemed Council Business.

3. Note that travel, registration fees, accommodation and all reasonable out-of-pocket expenses will be met in accordance with its adopted policy.

4. Request Councillors attending the conference to provide a written report within 30 days of returning from the conference.

Options

1. As per the recommendation.

2. That Council limit the number of Councillors attending the Conference and such attendance be deemed Council Business.

3. That Council does not approve Councillor attendance at the Conference as Council Business.

Background

The Indigenous Leadership Summit 2022 is considered relevant to local government, Information in relation to the conference can be found via the link below:

https://www.theleadershipinstitute.com.au/indigenous-leadership-summit/

Costs associated with the conference are estimated as follows:

· registration: $3,199 (entire event) – Early Bird

$2,699 (Conference +Post or Pre conference workshop) – Early Bird

$1,999 (Conference only) – Early Bird

$3,499 (entire event) – Standard

$2,899 (Conference +Post or Pre conference workshop) – Standard

$2,199 (Conference only) – Standard

· travel, accommodation and out of pocket expenses: not yet determined.

An option available to Council is to define the number of Councillors attending the conference and for Council to determine the appropriate Councillors authorised to attend. This option is presented having regard to the increase in Councillor expenses in recent years, so that Council may pro-actively control this area of expenses when appropriate.

The Conference commences at 9.00am (TBC) Tuesday 15 November and concludes 5.00pm Friday 18 November 2022 (TBC) and following Council Business is scheduled within the period of the conference:

· Ordinary Meeting 14 November 2022

· Youth Advisory Committee 16 November 2022.

· Shoalhaven Sports Board 16 November 2022 (TBC).

· Homelessness Taskforce Shoalhaven 17 November 2022

· Councillor Briefing 17 November 2022

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 State or National Local Government Associations.

Financial Implications:

Funds are available for Councillors to attend this conference.

Ordinary Meeting – Monday 10 October 2022

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CL22.461 Report Back - Employment Zoned Land Representations - Exemption from NSW Biodiversity Conservation Act 2016

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 ⇩

Note: This item was deferred from the Ordinary Meeting 26 September 2022.

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.

Recommendation

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 10 October 2022

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CL22.524 Proponent Planning Proposal Request - 17 Croobyar Road, Milton - Centre Based Child Care Facility

HPERM Ref: D22/361030

Department: Strategic Planning

Approver: Carey McIntyre, Director - City Futures

Reason for Report

The purpose of the report is to present a proponent-led Planning Proposal (PP) request for consideration of support. The request relates to the site of the former Shoalhaven Anglican School which is being redeveloped for the Budawang School for Specific Purposes (SSP).

The PP request seeks to enable the existing childcare centre to be relocated to an existing building on another part of the site.

Recommendation

That Council:

1. Support the Planning Proposal (PP) request to amend Shoalhaven Local Environmental Plan 2014 (SLEP 2014) to include an additional permitted use for ‘centre-based childcare facility’ under Schedule 1 for Lot 200 DP 1192140.

2. Prepare and submit the required PP documentation to the NSW Department of Planning and Environment for Gateway determination

3. Note in the Gateway request that public exhibition is not considered necessary in this instance given the minor nature of this proposal and history of the site.

4. Expedite the matter as a ‘minor’ proponent-initiated Planning Proposal and only report back to Council if necessary prior to finalising the LEP amendment.

5. Apply fees in accordance with Council’s adopted Fees and Charges for a ‘minor PP’.

6. Advise the Proponent and relevant stakeholders of this resolution.

Options

1. Support the PP request to include an additional permitted use ‘centre-based child care facility’ in the LEP for the subject site.

Implications: Would possibly enable the existing childcare facility, run by Big Fat Smile in the north-eastern corner of the site to be relocated within the site (subject to approval) after the recently approved Budawang School development (SSD-8845345) is completed. The PP has strategic and site merit and as this option is favoured.

2. Not support the PP request.

Implications: The site is currently zoned RU1 Primary Production under the Shoalhaven Local Environmental Plan (LEP) 2014. The site has had a number of development consents granted for educational uses and ancillary uses, and the existing childcare centre operates under ‘existing use rights’ as centre-based childcare is prohibited in the RU1 zone.

If the PP request is not supported, the current childcare facility will not be able to continue on the subject land because the ‘existing use rights’ only relate to the current building. An alternative longer-term option would be to consider rezoning the subject land to SP2 Educational Establishment as part of a future housekeeping or broader Planning Proposal. However, the timing of this would be uncertain and there is a need to help with a timelier resolution of this issue.

Background

The proponent Mecone Pty Ltd, has been engaged by the NSW Department of Education (landowner) to assist it with this PP.

Subject Land

The subject land comprises Lot 200 DP 1192140 (17 Croobyar Road), Milton. The subject land is identified in Figure 1 below.

Figure 1 - Subject land aerial photo

Existing development on subject land

The subject land is comprised of the currently vacant former Shoalhaven Anglican School which closed in 2017, and the recently approved Budawang School development which is now under construction. The site is owned by the NSW Department of Education.

Built elements on the subject land include an internal road, car park, a number of one to two-storey buildings located on the eastern side of the lot, with a sports field located on the south-west portion of the lot. The buildings of the former school are currently vacant. The existing childcare facility (see Figure 2) is located in the north east corner of the subject land.

A picture containing tree, sky, outdoor, red

Description automatically generated

Figure 2 - Existing childcare facility on subject land viewed from Croobyar Road. Note temporary barricades are related to roadwork on Croobyar Road.

The subject land is irregular in shape and has a total area of approximately 7.76 ha. It slopes gently to the west and is generally clear of vegetation with the exception of the south and south-west boundary which has a number of mature trees.

Shoalhaven Local Environmental Plan 2014 (SLEP 2014)

The subject land is currently zoned RU1 Primary Production under the Shoalhaven LEP, see Figure 3. The RU1 zone is a ‘closed zone’ and a ‘centre-based childcare facility’ is currently prohibited.

Map

Description automatically generated

Figure 3 - Current zoning under SLEP 2014

History of the RU1 Zoning and Educational Establishments on the subject land

The subject land was previously zoned Rural 1(a) Rural under the earlier Shoalhaven LEP 1985 (SLEP 1985) as shown on Figure 4. This LEP was in force at the time the first education establishment was approved on the subject land in 1990. At the time the 1(a) zoning enabled ‘educational establishments’ (and ancillary developments) and as such a number of consents were issued in this regard.

In October 1990, a consent was issued for Stage 1 of a Primary and Secondary School which included the use as an educational establishment and a primary classroom. In February 1991, another consent was issued to establish a childcare centre and an extended hours preschool. Over the course of December 1991 to 2016, a number of consents and building permits were issued for the building of a number of buildings and associated infrastructure which included, but not limited to the following:

• School library / canteen;

• Educational establishment;

• Classrooms, learning centre and toilet facilities;

• School extensions (additional classrooms);

• Sporting field, retaining wall and associated works; and

• Advertising sign for Shoalhaven Anglican School.

The most recent educational establishment which operated on the site was the Shoalhaven Anglican School which announced the closure of the Milton campus in 2016. The Department of Education have since purchased the site and are the current owners.

The most recent approval on the subject land was for the construction of the Budawang School for Specific Purpose, in September 2021.

In summary, Council has previously issued a number of consents over the subject land for development associated with educational establishments, their ancillary structures and uses, notwithstanding the rural zoning.

Proponent’s Planning Proposal Request

The proponent’s PP request was formally received on 5 August 2022, accompanied by a Planning Proposal Report containing the following appendices:

· Site plan showing the approved Budawang School development and the proposed new childcare centre location – see Figure 4.

· New childcare centre floor plan

· Bushfire Protection Assessment

· Traffic Impact Statement

· Flood Assessment

· Ecological Assessment

· Ministerial Directions Checklist

Diagram, engineering drawing

Description automatically generated

Figure 4 – Site location plan from the proponent’s PP showing the approved Budawang School development and proposed new location of the childcare centre (subject to separate approval) depicted by red dashed line (‘Building X’)

The PP request seeks to amend the LEP to allow an additional permitted use under Schedule 1 for a ‘centre-based childcare facility’ on the subject land.

The PP Report states that the objectives and intended outcomes are:

· To enable the continued operation of an existing childcare facility on the site, albeit in a different location; and

· To facilitate the delivery of a high-quality childcare facility that responds to the site circumstances and maintains the rural character of the site with minimal visual or amenity impact on the surrounding area.

The PP Report provides an extensive planning and approvals history which relates to varying development applications made and approved on the site in relation to the primary and secondary school, and the existing childcare centre.

Preliminary Assessment

The NSW Government’s LEP Making Guideline (the Guideline) was released in December 2021. Council’s Planning Proposal Guidelines will be reviewed in coming months to ensure it is consistent with the new Guideline which contains more detailed criteria than was provided in the preceding guidelines. The assessment undertaken by Council staff focuses primarily on consistency with the Guideline.

The Guideline states that a PP must have strategic merit and site merit to be progressed.

Strategic merit is the degree to which a proposal is consistent with the NSW strategic planning framework, which includes a range of NSW Government and endorsed Council documents, and Ministerial directions issued under section 9.1 of the NSW Environmental Planning and Assessment Act, 1979.

Site merit is the site-specific environmental, social, and economic impacts/cost/benefits of the proposal.

Preliminary assessments of strategic and site merit are provided below.

Strategic Merit

A preliminary strategic merit assessment is provided in the proponent’s PP Report. The following overarching strategic documents have been considered:

· Illawarra Shoalhaven Regional Plan 2041 (ISRP)

· Shoalhaven 2040: Our Strategic Land-use Planning Statement (LSPS)

· (the then) Draft Shoalhaven 2032 Community Strategic Plan (CSP)

On review the request is considered broadly consistent with each of these strategic documents given its relatively minor nature involving the relocation of a use within an existing developed site.

The request is also considered to be generally consistent with the following Ministerial Directions under Section 9.1 of the Environmental Planning and Assessment Act:

1.1 Implementation of Regional Plans

1.4 Approval and Referral Requirements

1.5 Site Specific Provisions

3.1 Conservation Zones - not anticipated to impact on any local biodiversity.

3.2 Heritage Conservation - adjacent European heritage items are unlikely to be impacted as no changes to build form are proposed.

4.1 Flooding – the advice provided states that the proposed building is above the Flood Planning Level, unaffected by peak flows of the 1% AEP event, and therefore generally consistent with this Direction.

4.3 Planning for Bushfire Protection - the future Development Application will need to demonstrate compliance with relevant Bush Fire Protection requirements. The RFS will be consulted prior to public exhibition in accordance with this Direction.

4.4 Remediation of Contaminated Land - the future Development Application will need to demonstrate compliance with requirements of State Environmental Planning Policy (Resilience and Hazards) 2021.

4.5 Acid Sulfate Soils

5.2 Reserving Land for Public Purposes

9.1 Rural Zones

9.2 Rural Lands - the proposal seeks to continue an existing use elsewhere on an already developed site. No adverse effects, or additional impacts are anticipated to occur to rural land uses as part of the proposal.

Preliminary Site Merit

The Guideline includes the following site merit considerations:

• the natural environment on the site to which the proposal relates and other affected land (including known significant environmental areas, resources or hazards)

• existing uses, approved uses, and likely future uses of land in the vicinity of the land to which the proposal relates

• services and infrastructure that are or will be available to meet the demands arising from the proposal and any proposed financial arrangements for infrastructure provision.

Potential impacts on adjoining properties

The proposed additional permitted use would have minimal impacts on neighbouring properties due to the intention to relocate the existing child-care facility to an existing building at a different location of the site. It is stated that the intent of the PP is to enable to continued operation of an important social service while having no notable adverse environmental impacts, and negligible impacts on adjoining properties. Any potential impacts, such as traffic, would be assessed as part of the development application process.

Internal Feedback - Shoalhaven Water

· Noted that the rising main is Asbestos containing material and cannot be constructed over due to the criticality of the asset. This main may be upgraded in the future due to the age of the asset and issues arising from asbestos materials.

· Sewer and water supplies are currently connected to the site, and these should be sufficient to support the proposed rezoning. The following specific information is provided.

Water

Assessment of the required and available pressures will need to be undertaken by the developer and an application for a pressure certificate will be required should the development proceed as water pressure in this area can be problematic due to the ground levels and the proximity of the site to the water treatment plant.

Booster pumps for firefighting or domestic other purposes cannot be directly connected to water supply mains.

Sewer

Land on western side will not be able to be served by means of a gravity sewer connection. These areas may need to consider pressure sewer.

The existing system should have capacity to support the proposed development if it is like for like. Any upgrades to the facility may require review at the time of application.

Section 64 Contributions.

May be applied. Credit for any approved development will be applied should the new facility be of similar capacity as the existing.

Conclusion

In summary, the proposal has both strategic and site merit, noting that:

1. A PP is only necessary because the ‘existing use rights’ that apply to the current childcare centre in the north-eastern corner of the site do not apply to other parts of the site; and

2. The proponent proposes to relocate the childcare centre to an existing building (refer to ‘Building X’ in Figure 4).

The proposal will assist in providing a continued educational establishment to cater for Shoalhaven’s growing, and diverse communities. The PP request is also consistent with Council’s current Planning Proposal guidelines on the basis it is minor in nature, for reasons outlined above.

As such it is recommended that the PP request be supported.

Community Engagement

Notification of the request was sent to adjoining landowners, the Milton CCB and Business Milton-Ulladulla (chamber of commerce). No submissions were received.

A development application (DA) will need to be assessed and approved to enable the childcare centre to be relocated to the existing building (Building X). Given that a childcare centre has operated on the site for several years and that the community will be consulted as part of the DA process, there is a strong argument that public exhibition of the PP is unnecessary in this instance.

Financial Implications

The PP is proposed to be managed as a minor PP, to be funded by the proponent on a 100% cost-recovery basis.

Ordinary Meeting – Monday 10 October 2022

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CL22.525 Accessible Parking Spaces - Nowra CBD - Investigate Upgrade to Australian Standards

HPERM Ref: D22/115633

Department: Technical Services

Approver: Paul Keech, Director - City Services

Attachments: 1. Nowra CBD Accessible Carpark Audit ⇩

Reason for Report

To provide Council with an update and options for funding the acceleration of upgrading existing accessible car spaces to current Australian Standards within Council owned carparks within the Nowra CBD.

Recommendation

That:

1. The CEO (Director City Services) prepare a budget bid of $40,000 during the 2023/24 financial year budget process for designs to address shared zones and fall non-compliance above 50mm within the existing accessible car spaces in Council owned carparks within the Nowra CBD.

2. The CEO (Director City Services) engage with and pursue any funding available from TfNSW to bring forward works to upgrade existing accessible car spaces within Council owned carparks within the Nowra CBD in line with the current Australian Standards.

Options

1. Do Nothing

Implications: Existing accessible car spaces would remain as they are.

Implications: The project would require $40,000 for design subject to a budget bid in the 2023/24 financial year budget process.

3. Council could decide to pursue design solutions to address all fall non-compliance and address required shared zones in Council-owned carparks within the Nowra CBD.

Implications: The project would require $70,000 for design subject to a budget bid in the 2023/24 financial year budget process.

A recommendation for this option would be:

That:

1. The CEO (Director City Services) prepare a budget bid of $70,000 during the 2023/24 financial year budget process for designs to address shared zones and fall non-compliance within existing accessible car spaces in Council owned carparks within the Nowra CBD.

Background

At the Ordinary Meeting of Council 7 February 2022 the report IA21.16 Accessible Parking Spaces in Nowra CBD from the Inclusion and Access Advisory Group was resolved by Council:

That the Inclusion & Access Advisory Group:

1. The report be received for information;

2. Request that Council write to the privately owned car parks noting the spaces do not comply with current Australian Standard;

3. Investigate/seek funding to upgrade accessible spaces in Council owned carparks to meet current Australian Standards.

The list below shows the carparks within the Nowra CBD that have previously been reported to the Inclusion and Access Committee.

Council Owned Carparks

· Graham St

· Shoalhaven Council Administration Building

· Shoalhaven Entertainment Centre

· Bridge Road

· Collins Way

· Berry Street

· Egans Lane

· Haigh Avenue

· Lawrence Avenue

· Worrigee Street

· Stewart Place

· Nowra Pool

Privately Owned Carparks

· Nowra Mall

· Nowra Mall East - Upper & Lower

· IGA

· Stockland East

· Aldi

Assessment

Australian Standards change over time, carparks that met the requirements at the time they were constructed may not meet today’s standards. The Council owned carparks have been assessed against the current Australian Standard AS2890.6:2009 Parking Facilities Part 6: Off-street parking for people with disabilities, specifically:

· Carpark Size – 2.4m x 5.4m

· Shared Zone – 2.4m x 5.4m (an area adjacent to a dedicated space provided for access or egress to or from a parked vehicle)

· Ground Slope – The ground slope of the car park and shared zone must not exceed 3% in any direction

The full results are in attachment 1 and have been summarised below.

Carpark	Total Spaces	Accessible Spaces	Has required Shared Zones	Has Required Fall
Graham St	120	3	No	No
Shoalhaven Council Administration Building	46	3	No	No
Shoalhaven Entertainment Centre	59	7	No	No
Bridge Rd	194	5	No	No
Collins Way	147	3	No	No
Berry St	85	3	No	No
Egans Lane	255	12	No	No
Haigh Ave	34	1	No	No
Lawrence Ave	99	4	No	No
Worrigee St	200	3	No	No
Stewart Pl	221	4	Yes	No
Nowra Pool	32	2	Yes	Yes

Rectification

When Australian Standards are updated, due to financial and logistical limitations it is not expected that all existing elements need to be immediately upgraded to the new standard. Rather it is expected that when new facilities or upgrades occur the standard of the day is to be met.

Shared Zones (Signage and Line marking)

In most cases shared zones can be created relatively easily through signage and line marking. An implication of creating shared zones is the loss of regular car spaces. These types of changes do require a design and subsequent reporting to Shoalhaven Traffic Committee for approval. The cost of these works can typically be covered by the block grant for signage and line marking from TfNSW.

Ground Slope

Correcting the ground slope is more complicated and requires a design from engineers. The implications of this option are time and cost of design, excavating and re-leveling the ground and associated drainage challenges, possible earth retaining structures, resurfacing of the car spaces and the loss of regular car spaces.

Council staff have written to TfNSW seeking funding assistance for the design and the response from TfNSW was:

“Whilst Transport for NSW (TfNSW) supports improvements by Council to existing accessible parking spaces to meet the current Australian Standards, unfortunately there are no grant funding programs through which TfNSW can administer funding to Council for this purpose. TfNSW has no other funding available for this purpose, apart from the block grant funding already in use by Council.”

Consideration

Option 1 – Do Nothing

This option would accept that many of the current accessible spaces do not meet the current Australian standards, but that the risk associated with the existing non-compliances is manageable. Improvements would occur sporadically as opportunities for grant funding become available.

Option 2 – Accept minor fall non-compliance, address major fall non-compliance and address required shared zones.

This option is to take a considered approach to address the car spaces on the higher end of the non-conformance scale. This would be a risk-based approach where, for example, where a grade non-conformance requires the level to be adjusted less then 50mm in order to meet the current standard, it is proposed to accept the car space as it is. Where a car space is required to be adjusted greater then 50mm to meet the current standard it is proposed to design a car space that would be compliant with the current standards.

Option 3 – Address all non-conformance

This option would provide designs for all accessible car spaces within the Council owned carparks within the Nowra CDB to be compliant with the current Australian Standards.

Financial Implications

Option 1 – Nil

Option 2 – Creation of shared zones can be completed using block grant for signage and line marking from TfNSW. A budget bid of $40,000 for design work to be considered as part of the 2023/24 financial year budget process. Note: The funds nominated are for design only, funds for construction would be subject to a future budget bit once the full scope is known.

Option 3 – Creation of shared zones can be completed using block grant for signage and line marking from TfNSW. A budget bid of $70,000 for design work to be considered as part of the 2023/24 financial year budget process. Note: The funds nominated are for design only, funds for construction would be subject to a future budget bit once the full scope is known.

Risk Implications

The risk implications for all 3 options are similarly negligible. The update to the standards aims to make carparks more inclusive rather than to address a known risk with previous standards.

Ordinary Meeting – Monday 10 October 2022

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CL22.526 Grant of Easement for Drainage of Water - Lot 1 DP 1084362 - 42 Coomea Street Bomaderry

HPERM Ref: D22/348765

Department: Technical Services

Approver: Paul Keech, Director - City Services

Attachments: 1. Proposal Easement Plan ⇩

Reason for Report

This report provides Council with the opportunity to consider granting an Easement for Drainage of Water 2m wide, that will burden Council land identified as Lot 1 DP 1084362, 42 Coomea Street Bomaderry, currently constructed and used as a public carpark.

Recommendation

That Council:

1. Resolve to grant an Easement for Drainage of Water 2m wide that will burden Council land known as Lot 1 DP 1084362, 42 Coomea Street Bomaderry, as shown in attachment 1 (D22/355314);

2. Require the proprietor of Lots 19, 20, 21, 22 and 23 Sec 25 DP 2886 to:

a. Pay compensation for the Grant of Easement for the Drainage of Water burdening Council land with compensation determined by independent valuation (including GST if required);

b. To fund all costs associated with the creation and registration of the easement;

3. Delegate authority to the Chief Executive Officer to adjust the compensation in accordance with the area of the easement determined by the final registered plan.

4. Authorise the Chief Executive Officer to sign all documentation required to give effect to this resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed.

Options

1. Resolved as recommended. Compensation sought for the land

Implications: The registration of the easement will provide the proprietor of Lots 19 – 23 (inclusive), Sec 25 DP 2886 Coomea Street Bomaderry, with legal access for the construction of drainage infrastructure within the easement and the ability to comply with the Deferred Commencement Consent RA22/1002, and therefore being able to act upon the consent - Affordable Housing Development.

The easement creating process is likely to cost in the order of $3,000 and the value of the land for compensation purposes in creating an easement could be in the order of $15,000.

2. Not Resolve as recommend and consider an alternate recommendation.

Alternate recommendation: Nil Compensation for the land

That Council:

1. Resolve to grant an Easement for Drainage of Water 2m wide that will burden Council land known as Lot 1 DP 1084362, 42 Coomea Street Bomaderry, as shown in attachment 1 (D22/355314);

2. Seek nil compensation from the proprietor for the grant of Easement for Drainage of Water over Council operational land as the project is in accordance with Council Affordable Housing Policy.

3. Require the proprietor of Lots 19 - 23 (inclusive) Sec 25 DP 2886 to fund all costs associated with the creation and registration of the easement;

Implications of alternate recommendation: Council would receive nil financial return for potential loss of use from the creation of the easement that burdens the operational land.

Where Council is supportive of easements over Council land, Council seeks compensation from the beneficiary of the easement. This is to compensate Council for the loss of the use of the land and as a result loss in value and future potential for development. The value is determined by an independent valuer.

Given Council’s ongoing support with the Shoalhaven Affordable Housing Strategy, the alternate recommendation allows Council to consider granting the easement for nil compensation in support of the project.

Background

In 2017, Shoalhaven City Council adopted the Shoalhaven Affordable Housing Strategy.

The Affordable Housing Strategy highlights a number of mechanisms available to Council to improve housing affordability in the Shoalhaven. Mechanisms range from those actions with limited market intervention, such as efficient approval processes; through to direct market interventions, such as partnering with a social housing provider to deliver affordable housing to the community.

The Affordable Housing Strategy identified 44 – 52 Coomea Street, Bomaderry as a preferred affordable housing project site.

On 8 July 2022, Southern Cross Community Housing lodged a development application in direct response to the Shoalhaven Affordable Housing Strategy. Development consent RA22/1002 was granted for the construction of an Affordable Housing Development comprising of Two (2) Residential Flat Buildings containing 39 Dwellings and associated parking on 44 – 52 Coomea Street, Bomaderry.

Development consent RA22/1002 was issued as a deferred commencement with condition 1(a) as follows:

a) Evidence must be submitted to Council that an easement has been obtained across Council Operational Land (Lot 1 DP 1084362), for the drainage of water required within this property.

At the request of Southern Cross Housing this report has been prepared to authorise the registration of the required easement.

Figure 1: Lots 19, 20, 21, 22 and 23 Sec 25 DP 2886 highlighted in yellowLot 1 DP 1084362, 42 Coomea Street Bomaderry, is located immediately north and shares a common boundary with the affordable housing development site. The land is operational land and is currently a constructed carpark. The attached Proposed Easement Plan shows the location of the easement.

Community Engagement

Lot 1 DP 1084362, 42 Coomea Street Bomaderry is operational land and consultation is not required for operational purposes.

The Asset Custodian supports the proposal as the registration of the easement will have no impact on the current use of the site.

Policy Implications

The proposal aligns with Councils Shoalhaven Affordable Housing Strategy and facilitates development of the identified site.

Financial Implications

All costs associated with the creation of the easement are to be the responsibility of the proprietor of Lots 19, 20, 21, 22 and 23 Sec 25 DP 2886 being Southern Cross Community Housing.

Council generally seeks compensation from the benefiting party when granting an easement. Without a valuation it is difficult to determine the amount of compensation.

Any compensation received could be added to the Strategic Reserve.

Risk Implications

Should Council resolve not to grant an easement, the adjacent development will not proceed in its current form. The applicant may need to redesign or seek other avenues for the disposal of stormwater that will lead to an increase in cost and time delays. There is a risk that the Shoalhaven will miss the opportunity to have 39 affordable housing units created for the benefit of the community.

Ordinary Meeting – Monday 10 October 2022

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CL22.527 RA21/1002 – Flatrock Road, Mundamia – Lot 436 DP 808415

DA. No: RA21/1002/4

HPERM Ref: D22/391363

Department: Development Services

Approver: James Ruprai, Director - City Development

Attachments: 1. Consultant Planning Report - Flatrock Rd MUNDAMIA - Lot 436 DP 808415 (under separate cover) ⇨

2. Clause 4.6 Statement - Flatrock Rd MUNDAMIA - Lot 436 DP 808415 (under separate cover) ⇨

3. Consultant Draft Determination - Flatrock Rd MUNDAMIA - Lot 436 DP 808415 (under separate cover) ⇨

4. EPA - General Terms of Approval (under separate cover) ⇨

Description of Development: Construction of Materials Recycling Facility as Addition to an Existing Waste or Resource Management Facility

Owner: Shoalhaven City Council

Applicant: PDC Lawyers & Town Planners

Notification Dates: 22 December 2021 to 21 January 2022

No. of Submissions: Nil

Purpose / Reason for consideration by Council

To review the section 4.15 assessment report and determination prepared by an independent consultant which is to be submitted to the Southern Regional Planning Panel for consideration.

Recommendation

That:

1. Council receive and note the report RA21/1002 - Flatrock Road, Mundamia - Lot 436 DP 808415.

2. Council support RA21/1002 for a materials recycling facility at the existing waste or resource management facility at Flatrock Road, Mundamia on the basis that it has been satisfactorily assessed pursuant to section 4.15 of the Environmental Planning and Assessment Act 1979.

3. The resolution made by Council be submitted to the Southern Regional Planning Panel prior to their consideration and determination of RA21/1002.

Options

1. Support the consultant’s recommendation to the Southern Regional Planning Panel (SRPP) for approval of the application and advise the SRPP accordingly.

Implications: The recommendation would be provided to the SRPP for their information as part of their consideration of the regional application.

2. Make an alternative resolution and make a separate submission to the SRPP.

Implications: The alternative resolution would be provided to the SRPP for their consideration. The SRPP will be the determining authority for the application.

Location Map

Figure 1 – Site location / Aerial view

Background

Why this DA is being reported to the Regional Planning Panel

· The development has a capital investment value (CIV) of more than $5 million. The CIV is $26,861,924.

· Shoalhaven City Council has an interest in the proposal being owner of the land.

· The Southern Regional Planning Panel is the determining authority for the application in accordance with section 3 of Schedule 6 of State Environmental Planning Policy (Planning Systems) 2021, (SEPP).

The determination by a Panel adds a layer of transparency to the assessment process. Furthermore, the application was also independently assessed by a reputable Planning Consultancy – Cardno – now Stantec (also having merged with TCG planning). These assessment and management measures are intended to deal with any potential conflicts of interest.

Proposed Development

Council is in receipt of a development application (DA) which seeks approval for construction and operation of a Materials Recycling Facility (MRF) within the existing West Nowra Waste and Recycling Facility.

The MRF includes:

· An enclosed building to house the MRF with the following dimensions:

o 121 metres length by 68 metres width by 12 metres height

o A footprint of 7,260 square metres

· An internal footprint of approximately 5,000 square metres (equipment and stockpile areas)

· A receival hall and bunker approximately 1,980 square metres in size

· A community education and viewing platform

· Equipment capable of processing up to 24,000 tonnes per annum of kerbside recycling, commercial, industrial, construction and demolition waste streams

· A fire protection and control system.

The MRF and building are proposed in the north-west corner of the subject site. This site is already operating as a land fill and waste management facility (owned and operated by Shoalhaven City Council). The proposed MRF will be incorporated into the existing waste management activities onsite which include the existing operating hours (7am-6pm, seven (7) days per week).

The proposal is expected to operate with 17 staff. Operations will be undertaken internally on the existing waste depot facility with no external interface with customers or the general public.

No new waste streams are proposed to those already imported to the site. The MRF will sort materials into greater purity than current practices allow which will allow sorted materials to be baled, bagged and or bulk hauled to external markets.

As mentioned previously, the development has a capital investment value (CIV) of more than $5 million, in accordance with section 3(b) of Schedule 6 of SEPP (Planning Systems) 2021, the application constitutes a regional development application, and the Southern Regional Planning Panel is the determining authority for the application.

The proposed site plan and eastern elevation are provided in Figures 2-3.

Figure 2 – Site Plan

Diagram

Description automatically generated

Figure 3 – Eastern Elevation

Subject Land and Surrounds

The subject site contains the existing West Nowra Waste and Recycling Facility.

The portion of the land to be developed is legally identified as Lot 436 DP 808415.

The land is zoned SP2 Infrastructure (waste or resource management facility) under the Shoalhaven Local Environmental Plan 2014 (SLEP 2014), under which the proposed MRF is permitted with the consent of Council.

Adjoining land outside the existing Facility is zoned C3 Environmental Management.

Planning Assessment

The DA has been assessed by an independent consultant. A key issue with the application is the height of the development. A clause 4.6 variation was provided, assessed and supported.

The additional height of the development does not impact on adjoining development, would not result in adverse environmental or visual impacts. The height of the development of the development is directly related to the purpose of the building and is required for functionality. For example, the machinery that will operate within the building is 10m in height. Adequate clearance is required for the operation of the machinery. Tipping vehicles are 8m high. Within the building there will be lighting, cameras and other equipment which will impact on the internal clearances available.

The Shoalhaven Local Environmental Plan 2014, applies a 11m height limitation, the building measures 12.065m at the highest point. This is 1.065m over the height limitation or 9.68%.

The height limitation is not a prohibition. Clause 4.6 is the legal mechanism available to vary height having regard to specific criteria contained in that clause. More detail can be found in the attached documents.

Consultation and Community Engagement:

The DA was notified in accordance with the Environmental Planning and Assessment Regulation 2000 (EP&A Regs) and Council’s Community Consultation Policy for Development Applications from 22 December 2021 to 21 January 2022.

No public submissions were received in relation to Council’s notification of the development.

Financial Implications:

There are potential cost implications for Council in the event of a refusal of the application. Such costs would be associated with defending an appeal in the Land and Environment Court, should the applicant utilise appeal rights afforded under the Environmental Planning and Assessment Act 1979 (EP&A Act).

Legal Implications

Pursuant to section 8.2 of the EP&A Act, a decision of the Southern Regional Planning Panel (SRPP) may be the subject of a review by the applicant in the event of approval or refusal. If such a review is ultimately pursued, the matter would be put to the SRPP for consideration.

Alternatively, an applicant may also appeal to the Court against the determination pursuant to section 8.7 of the EP&A Act.

Summary and Conclusion

This application has been satisfactorily assessed having regard for section 4.15 (Evaluation) under the EP&A Act. Based upon the recommendations of the s4.15 Assessment Report (Attachment 1), Development Application No. RA21/1002 is recommended to the SRPP for conditional development consent. The draft conditions of development consent are contained in Attachment 3 to this report. As the conditions reference the General Terms of Approval issued by the NSW EPA, these are included in Attachment 4 to this report.

Ordinary Meeting – Monday 10 October 2022

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CL22.528 Demolition of Existing Garage and Construction of a New Detached Garage - DA22/1909 - 107 Jerry Bailey Road Shoalhaven Heads - Lot 10 DP 24264

HPERM Ref: D22/388195

Department: Development Services

Approver: James Ruprai, Director - City Development

Attachments: 1. s4.15 Assessment Report - 107 Jerry Bailey Road, Shoalhven Heads (under separate cover) ⇨

2. Draft determination ⇩

Description of Development: Demolition of Existing Garage and Construction of a New Garage

Owner: J E Backhouse & B J Cox

Notification Dates: 11 August 2022 – 27 August 2022

No. of Submissions: Nil

Purpose/Reason for Consideration by Council:

This application is for demolition of an existing shed and the construction of a new Colourbond shed at the rear of the property. Clause A35.2 of Chapter G12 of Shoalhaven Development Control Plan 2014 provides the garage is to maintain a setback of 3.0m to the rear boundary. The new shed is proposed to be set back 900mm from the rear boundary and this represents a 75% variation.

This application is presented to Council for determination because one of the property owners works within City Development and there is a substantial variation to SDCP-2014. Council’s Policy POL16/235 Dealing with Development Applications Lodged by Staff or Councillors applies in this instance.

The application has been assessed and the only issue is the rear boundary setback. The application was notified and no objections were received. The application is presented to Council for determination.

Recommendation

That Development Application DA22/1909 for the Demolition of the existing garage and construction of a new detached garage at 107 Jerry Bailey Road Shoalhaven Heads be approved subject to the recommended conditions of consent provided at Attachment 2.

Options

1. Approve the application in accordance with the recommendation.

Implications: This would enable the development to proceed according to the recommended conditions of consent.

2. Refuse the application.

Implications: Council would need to determine the grounds on which the application is refused, having regard to the section 4.15(1) considerations. The applicant would be entitled to seek a review and / or pursue an appeal in the Land and Environment Court.

3. Alternative recommendation.

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

Figure 1- Location Map

Background

Proposed Development

The Development Application seeks approval for the demolition of an existing garage and the construction of a new garage. The new garage will be 6.0m wide x 8.0m long and 3.0m high to the eaves line. The apex of the roof will be 3.583m above finished ground level.

Figure 2 – Site Plan

Figure 3 – Elevations

Diagram, engineering drawing

Description automatically generated

Subject Land

The development site is legally identified as Lot 10 DP 11892 and is described as 107 Jerry Bailey Road, Shoalhaven Heads (Refer to Figure 1).

Site & Context

The development site is located on the western side of Jerry Bailey Road. The site is a regular shaped allotment having an area of 575.41m².

The existing development on the site includes a single storey dwelling house (BA77/0538) and a detached garage (BA75/0914). The site has connections to town water and a reticulated sewer system. The site is accessed directly from Jerry Bailey Road.

Immediately adjoining the site are single dwelling houses to the north and south. There is a heavily vegetated vacant lot to the west and townhouses to the east. The site is mapped as being bushfire prone land, flood prone land and Acid Sulfate Soils Class 2 and 3. Under the provisions of the Shoalhaven Local Environment Plan 2014 (SLEP-2014) the subject land is zoned R2 – Low Density Residential.

Figure 4 – Zoning Extract

Chart

Description automatically generated

History

The following provides detail on post-lodgement actions and general site history for context.

· The application was lodged on 5 August 2022.

· Following the detailed assessment of the application, additional information was requested to address Clause 7.1 (Acid Sulfate Soils) of Shoalhaven LEP 2014 on 05/09/2022. This information has since been provided.

· An assessment against Council’s Policy POL16/235 revealed the application must be reported to Council for determination due to one of the property owners being a staff member within the Building and Compliance Section of the City Development Group and the development was seeking a substantial variation to a performance-based DCP.

Issues

Subclause 3.3 of POL16/235 – Dealing with Development Applications Lodged by Council Staff or Councillors

POL16/235 provides guidance to the Assessing Officer and the Applicant/landowner as to how to appropriately deal with Development Applications Lodged by Council Staff or Councillors.

POL16/235 ensures that where a DA is lodged by or on behalf of a Council staff member or Councillor, that:

a) the development assessment process is free from any conflicts of interest.

b) the development assessment process is undertaken in a transparent and unbiased manner; and

c) the assessment of DAs for staff and/ or Councillors is undertaken strictly in accordance with Council’s Code of Conduct and is free from any undue influence.

One of the property owners is a staff member of the Certification and Compliance Section of the City Development Group. As the development application proposes a substantial variation to Acceptable Solution A35.2 (Section 8.1) of Chapter G12 Dwelling Houses and Other Low Density Residential Development, this has triggered the need to report it to Council. Subclause 3.3(2) of POL16/235 states “The proposed DA seeks a substantive variation to any performance-based DCP or Council Policy.”

Council’s Development Control Plan (DCP) Controls:

The development generally complies with the provisions of Shoalhaven Development Control Plan 2014 (DCP 2014) and has utilised performance solutions in regard to the following:

Acceptable Solution A35.2 of Control 8.1 Density, Height and Setbacks. Chapter G12 Dwelling Houses and Other Low Density Residential Development

A departure is proposed to Acceptable Solution A35.2, which states ancillary development must comply with the setback provisions in Table 2 (p.27). The setback provision to be varied is the rear setback, which is to be 3m (average). The proposal is to have a setback of 900 mm and this represents a 75% variation to the DCP requirement.

Applicant’s Submission

The applicant provided the following justification for the proposed variation:

The proposed structure is detached and set back from the street, adjacent to the rear boundary and will not be out of character for the neighbouring residences or future streetscapes.

There are other structures noted along Jerry Bailey Road that are constructed within 3m of the rear setback.

Map

Description automatically generated

The proposal will have minimal to no effect on the privacy of the adjoining and surrounding properties. There are no windows on any of the walls of the proposed garage. The proposal will also not generate additional noise which would affect the adjoining properties or neighbourhood. The land to the rear of the subject site is zone RU2. It is vegetated farmland and there is no ‘rear neighbours’ as such.

Discussion

The proposed garage will be constructed in the rear yard and it will have a maximum height of 3.583m to the apex and 3.0m to the eaves. It will have a gross floor area of 48m². The bulk and scale of the garage is compatible with the existing and future desired character of the area. The proposal is considered to have merit and there are also examples of similar developments in the area with reduced rear setback distances.

The proposed development does not overlook or impact on the privacy of the adjoining properties to the north, west and south. Also, adequate levels of light and ventilation to adjoining buildings are protected as the detached garage is appropriately separated from existing buildings within the context of the site.

The proposed siting of the detached garage is deemed to achieve the relevant objectives and performance criteria of Shoalhaven DCP 2014.

Planning Assessment

The DA has been assessed under s4.15(1) of the Environmental Planning and Assessment Act 1979 (Refer Attachment 1). The only matter needing consideration is the variation to the rear boundary setback. All other matters have been addressed and could otherwise be conditioned on the determination.

Consultation and Community Engagement

In accordance with Council’s Community Consultation Policy, the proposed Development Application was notified for a period of fourteen (14 days) from 11 August 2022 to 27 August 2022. No submissions were received during the notification period.

Financial Implications

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

Legal Implications

A section 8.2 review or an appeal with the Land and Environment Court are possible if the application is refused.

Summary and Conclusion

The proposed development is compliant with the provisions of Shoalhaven LEP 2014 and is generally consistent with Shoalhaven DCP 2014 (albeit for the alternative solution proposed under Chapter G12 as detailed earlier in this report).

The application is considered capable of support as there are no substantive planning reasons to warrant refusal. Accordingly, it is recommended it is approved subject to the conditions in the draft consent (Refer Attachment 2)

Ordinary Meeting – Monday 10 October 2022

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CL22.529 Development Application Fee Reimbursement Request – Anglican Church Property Trust Diocese of Sydney – DA22/1550

DA. No: DA22/1550/4

HPERM Ref: D22/385449

Department: Development Services

Approver: James Ruprai, Director - City Development

Attachments: 1. Request - DA Fees Waiver / Refund - Lot 11 DP 1280272 - 263 The Wool Rd Worrowing Heights - New Church - Campbell Mackay / Anglican Church Property Trust ⇩(under separate cover)

Description of Development: Place of public worship

Owner: Anglican Church Property Trust Diocese of Sydney

Applicant: Allen Price and Scarratts Pty Ltd

Purpose / Reason for consideration by Council

This report is to enable Council to consider a request made by the Anglican Church Property Trust Diocese of Sydney for the reimbursement of fees in relation to Development Application DA22/1550. Details of the development are provided in the ‘Background’ section of this report.

Recommendation

That Council:

1. Reimburse the Anglican Church Property Trust Diocese of Sydney $7,607.48 being Development Application (DA) fees in relation to DA22/1550.

2. Fund the reimbursement from the City Development budget.

Options

1. Adopt the Recommendation.

Implications: Council will be required to reimburse the DA fees paid in relation to DA22/1550, excluding prescribed advertising, notification and archive fees which have already been expended.

2. Not support the request.

Implications: Fees will be retained by Council.

Background

The Anglican Church Property Trust Diocese of Sydney is a not-for-profit registered charity and owner of Lots 11-12 DP 1280272 (known as 263 The Wool Road and Naval College Road, Worrowing Heights.

Evidence of registration as a charity has been provided to Council, as per Attachment 1.

On 17 May 2022, Council received a DA (DA22/1550) from Allen Price and Scarratts Pty Ltd in relation to a place of public worship (i.e., a new church and associated works).

The total of fees paid was $8,376.98.

However, the DA has been advertised and neighbour notified on 20 July 2022 and referrals have also been actioned, particuarly an Integrated development referral to the NSW Rural Fire Service.

Accordingly, only the relevant ‘development’ fees (being $7,607.48 of the total fees paid) may be reimbursed.

Section 2.4 of Council’s Policy POL20/68 (Waiving of Development Application Fees and Other Fees for Charitable Organisations and Community Groups) states as follows:

“2.4. Reimbursement of fees for DAs

If a reimbursement of the fees is sought, a written request outlining the grounds for reimbursement must be submitted. The matter will then be referred to Council’s Strategy and Assets Committee for consideration by Council. Any donations by way of whole or partial reimbursement determined by the Council will be paid out of the City Development budget or a source identified in Council’s resolution.

The request for reimbursement of fees is in accordance with this provision and would apply to the ‘development’ fees paid and not to those other fees already expended (being the prescribed advertising, notification and archive fees).

Policy Implications

It is unlikely that the adoption of the recommendation of this report will have any substantial policy implications.

Financial Implications:

Council’s support of the request will result in a refund of $7,607.48 funded from the City Development budget. If there are insufficient funds available in the budget, an alternative option may be required to enable the refund.

Summary and Conclusion

As per Section 2.4 of Council’s Policy POL20/68, it is recommended that the application development fees paid (excluding fees for advertising, integrated development and archiving) be reimbursed amounting to $7,607.48.

Ordinary Meeting – Monday 10 October 2022

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CL22.530 Policy - Community Consultation Policy - for Development Applications (Including Subdivision) and the Formulation of Development Guidelines and Policies

HPERM Ref: D22/246100

Department: Development Services

Approver: James Ruprai, Director - City Development

Attachments: 1. Community Consultation Policy - for Development Applications ( Including Subdivision ) and the Formulation of Development Guidelines and Policies (under separate cover) ⇨

Reason for Report

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

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

Recommendation

That Council adopt the Community Consultation Policy - for Development Applications (Including Subdivision) and the Formulation of Development Guidelines and Policies as attached.

Options

1. Adopt the recommendation

Implications: The Community Consultation Policy will continue to apply.

2. Not adopt the recommendation

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

Background

The purpose of this Policy is to ensure that the community is consulted during the processing of development applications and the formulation of development guidelines and policies; and that the community is informed of decisions made by Council.

Nature of Proposed Changes to Policy

General updates

The amendments are mostly to ‘tidy up’ the current policy. There are a number of changes proposed to reflect the recent amendments to the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2021, title of the Directorate and change from General Manager to Chief Executive Officer.

New text to acknowledge use of digital platforms

New text is proposed under Section 3.6 of the Policy noting that a digital platform may be used for meetings. This is largely in response to the pandemic and health concerns, however there are practical reasons and benefits for holding digital meetings. For example, to avoid excessive travel for participants, avoid travel in bad weather and potential flood events.

Removal of text referencing Council Committees

Section 3.7 is proposed to be amended to remove references to Council Committees which no longer operate.

Removal of Section 4 – references to strategic planning documents

Section 4 of the Policy, relating to the formulation of development guidelines (development control plans and Council policies) is to be deleted. The information that was in the Policy was outdated, and current information relating to public exhibition of DCPs is contained in the Regulation or the Act. Furthermore, Council’s Community Participation Plan (CPP) references strategic planning documents and their exhibition periods. Accordingly, there is no need to duplicate the information.

It is considered preferable and clearer that the Policy subject of this report has specific focus on DA matters. The title of the Policy has been amended to reflect this deletion.

Further updates

A further review of the Policy may be required in the future noting that there are periodic legislative amendments and changes to processing requirements (such as NSW Planning Portal requirements).

Council may also choose to review the Policy if it considers other changes necessary.

Exempt and Complying Development

Exempt and Complying Development is not notified. Exempt development does not require any approval. Section 134 of the Environmental Planning and Assessment Regulation 2021 prescribes where Complying Development must be notified. Shoalhaven is excluded.

Community Engagement

No engagement is required as there are no substantial changes proposed at this time.

Ordinary Meeting – Monday 10 October 2022

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CL22.531 Policy Review - Community Gardens on Council Managed Land

HPERM Ref: D22/348220

Department: Shoalhaven Swim Sport Fitness

Approver: Jane Lewis, Director - City Lifestyles

Attachments: 1. Revised Community Gardens on Council Managed Land Policy ⇩

Reason for Report

The Community Gardens on Council Managed Land Policy is presented for adoption. Council Policy requires that all Council public policies should be reviewed within 12 months of an election of a new Council

Recommendation

That Council adopts the reviewed Community Gardens on Council Managed Land Policy as attached.

Options

1. As recommended

Implications:

· Updated Policies will be adopted within the 12-month timeframe of a newly elected Council

· Will simplify, streamline and update the Policy

· Community will be provided with more information regarding Council’s assessment process and proposed management framework for community gardens

· Change of Policy title to include “on Council Managed Land” to clarify the scope of the Policy for the community’s information

2. Not adopt the Recommendation

Implications:

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

· This may delay or impact Council’s ability to meet the requirement for review of policies within twelve (12) months of the election of a new Council

Background

Council Policy requires that all Council public policies should be reviewed within 12 months of an election of a new Council.

The purpose of the Policy is to define Council’s provisions for the management of Community Gardens on Council managed land.

There are no significant changes recommended in the revised Policy, which includes the following amendments:

· Change of Policy title to include the text “on Council Managed Land”, to clarify its scope for the community’s information. This change was requested by a Community Consultative Body.

· The Policy Statement is updated to align with current industry practice and definitions

· Clarification and formatting of the Report’s text

· Additional details provided regarding Public Liability Insurance requirements

· Additional details provided regarding the assessment process including Application Form, application fees and costs, Crown Lands approval and community consultation process

· Additional details provided regarding the management framework including the type of licence and statutory minimum fees that apply

· Updated information regarding Council’s volunteer safety and behaviour standards

Community Engagement

In August and September 2022, the revised Policy was circulated for review to the following stakeholders:

· All Community Consultative Bodies

· Shoalhaven City Council staff from the following Departments:

o Projects and Technical

o Environmental Services

o Shoalhaven Swim Sport Fitness

o Building Services

o Works and Services

o Community Planning & Projects

o Community Connections

Staff have reviewed the Policy in response to feedback received during the consultation process.

The proposed changes to the format and content of the Policy are considered minor policy changes that do not warrant further community engagement or public exhibition.

Policy Implications

Council Policy requires that all Council public policies should be reviewed within 12 months of an election of a new Council.

Ordinary Meeting – Monday 10 October 2022

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CL22.532 Shoalhaven Community Wellbeing Plan - Outcomes of Public Exhibition

HPERM Ref: D22/280034

Department: Community Connections

Approver: Jane Lewis, Director - City Lifestyles

Attachments: 1. Shoalhaven Community Wellbeing Strategy (under separate cover) ⇨

2. Amendments to Draft Shoalhaven Wellbeing Strategy ⇩

3. Summary of Feedback on Draft Shoalhaven Community Wellbeing Strategy ⇩

4. Shoalhaven Community Wellbeing Strategy - Engagement Outcomes Report (under separate cover) ⇨

Reason for Report

Shoalhaven City Council received a grant from the Australian Government’s Building Better Regions Fund to develop the Shoalhaven Community Wellbeing Plan. The Plan comprises three components:

· The Shoalhaven Community Wellbeing Strategy identifies the strategic priorities for Council to improve community wellbeing.

· The Action Plan identifies specific actions that will be used to achieve the outcomes identified for each strategic priority in the Strategy.

· The Evaluation Framework allows Council to assess the effectiveness and efficiency of our work in terms of impact on wellbeing indicators.

On 22 August 2022, Council endorsed public exhibition of the draft Shoalhaven Community Wellbeing Strategy.

This report provides information on the outcomes of the public exhibition and proposes endorsement of the finalised Shoalhaven Community Wellbeing Strategy. This will allow completion and acquittal of the grant-funded project before the reporting due date on 28 October 2022.

Recommendation

That Council:

1. Adopt the finalised Shoalhaven Community Wellbeing Strategy;

2. Acknowledge and thank the Community members and stakeholders involved in community consultation for their contribution to improving the Shoalhaven Community Wellbeing Strategy.

Options

1. Adopt the recommendations.

Implications: This is the preferred option as it will allow the completion and acquittal of the grant-funded project before the reporting due date on 28 October 2022.

2. Not adopt the recommendations.

Implications: Not endorsing the Shoalhaven Community Wellbeing Strategy for adoption will prevent Council from completing and acquitting the grant-funded project before the reporting due date on 28 October 2022. This may result in Council being unable to use the grant funding as the project is not completed within the terms of the funding agreement.

Background

The Shoalhaven Community Wellbeing Plan creates a framework to guide Council to make decisions about business and service planning to improve community wellbeing. The Plan will provide a tool that will support Council to evaluate the importance and effectiveness of our investments, programs, and assets in achieving wellbeing outcomes and to plan evidence-informed work in response.

The Shoalhaven Community Wellbeing Plan has three components:

· The Shoalhaven Community Wellbeing Strategy identifies the strategic priorities for Council to improve community wellbeing. Guided by the strategic direction of this document, the two components below will be developed.

· The Action Plan identifies specific actions that will be used to achieve the outcomes identified for each strategic priority in the Strategy.

· The Evaluation Framework allows Council to assess the effectiveness and efficiency of our work in terms of impact on wellbeing indicators.

On 22 August 2022, Council endorsed public exhibition of the draft Shoalhaven Community Wellbeing Strategy. The feedback received from the public exhibition has been considered and used to finalise the Shoalhaven Community Wellbeing Strategy (Attachment 1) presented with this report. The amendments made to the draft document are listed in the Amendments to Draft Shoalhaven Community Wellbeing Strategy (Attachment 2).

The Strategy provides the strategic direction for the Action Plan and Evaluation Framework. Councillors will be updated on the progress of this as the project progresses.

Grant funding

Shoalhaven City Council received a grant from the Australian Government’s Building Better Regions Fund to develop the Shoalhaven Health and Wellbeing Strategy, which is now called the Shoalhaven Community Wellbeing Plan.

The funding is dependent on the project being completed and acquitted, including adoption of Strategy, before the reporting due date on 28 October 2022.

Overview of the Strategy

Wellbeing is the ability to thrive, to which all should have equitable access. The Shoalhaven Community Wellbeing Strategy has been developed based on the principle that community wellbeing is a shared responsibility that requires all community stakeholders to work collaboratively to achieve shared goals and aspirations for wellbeing.

The Strategy identifies the foundations needed to create community wellbeing – the broad range of key things that the community needs to thrive, including both the places and the people that make up communities that support wellbeing. To create the conditions for individuals and communities to thrive, eight Foundations have been identified as integral for wellbeing. The key aspects of each Foundation form the Wellbeing Domains.

Council is a key player in creating the conditions for wellbeing but cannot achieve community wellbeing alone. Recognising, this, the Strategy supports Council to work more strategically and collaboratively to improve community wellbeing, considering how our efforts work alongside those of other stakeholders and valuing the important contribution that people in our community make to community wellbeing. The Strategy outlines Council’s current and planned work contributing to each Domain, as well as opportunities for future work and the key partners who make each Domain happen in the Shoalhaven. The full details are available in the attached Shoalhaven Community Wellbeing Strategy (Attachment 1).

Public Exhibition feedback

The Draft Shoalhaven Community Wellbeing Strategy was placed on public exhibition from 23 August until 12 September 2022. There were 21 submissions received via an online feedback form on the Get Involved page, and 1 submission received by email.

Of the 21 submissions received via the online form, 90% considered that improving community wellbeing in the Shoalhaven was ‘Very important’. The remaining 10% considered it ‘Fairly important’.

The feedback form asked people to rate how well the Draft Strategy performed in three areas. The majority of responses rated the Draft Strategy as ‘Good’ or ‘Excellent’ for how well it:

· Considers the factors contributing to community wellbeing – 57%;

· Reflects local priorities for community wellbeing – 57%;

· Improves understanding of how local communities, service providers, businesses, Council and other levels of Government work together and alongside each other to improve community wellbeing – 52%.

Table 1. Ratings given for how well the Draft Strategy performed

Rating received for “How well the Draft Strategy…”	Poor	Fair	Good	Excellent
Considers the factors contributing to community wellbeing	14%	29%	43%	14%
Reflects local priorities for community wellbeing	14%	29%	43%	14%
Improves understanding of how local communities, service providers, businesses, Council and other levels of Government work together and alongside each other to improve community wellbeing	14%	33%	38%	14%

Feedback in support of the Draft Strategy

People giving feedback on the Draft Strategy were asked “What do you like most about the Draft Strategy?”. Feedback in support of the Draft Strategy, including responding to this question, is summarised in Table 1 of the Summary of Feedback on Draft Shoalhaven Community Wellbeing Strategy (Attachment 3).

The most common supportive feedback related to:

· How comprehensive the Draft Strategy was

· Support for identification of different wellbeing contributors

· Appreciation for the document layout and appearance

· Support for the creation of a strategic document on community wellbeing in the Shoalhaven.

Feedback requesting changes to the Draft Strategy

People giving feedback on the Draft Strategy were asked “What would you like to change about the Draft Strategy?”. Feedback requesting changes to the Draft Strategy, including responding to this question, is summarised in the Summary of Feedback on Draft Shoalhaven Community Wellbeing Strategy (Attachment 3). In this attachment, Table 2 summarises feedback related to each the eight Wellbeing Foundations and Table 3 summarises feedback related to other aspects of the Draft Strategy, with both tables including responses to the requested changes.

The most common themes for feedback requesting changes were:

· Foundation 4 – Healthy and active communities

· Foundation 5 – Transport connections to access our community’s opportunities

· Foundation 7 – Housing that meets the community’s needs

· Consideration of the needs of diverse people and communities

Stakeholder Workshop feedback

During the public exhibition period, a workshop was held for stakeholders. In total, 22 stakeholders from 16 organisations attended the workshop on 5 September 2022. The consultation invited participation from organisations, government departments and businesses that currently contribute to building community wellbeing at the Shoalhaven-wide level.

The purpose of the workshop was to:

· Update stakeholders on the draft Strategy and thank them for their involvement to date

· Share the draft Strategy on public exhibition, improve understanding and encourage stakeholders to prepare submissions to public exhibition

· Gather feedback on the draft Strategy and better understand how stakeholders are contributing to community wellbeing

· Identify ideas for implementation of the Strategy and future collaboration opportunities in delivering Shoalhaven's wellbeing

Workshop participants represented a large cross-section of Shoalhaven’s organisations and institutions currently contributing to its wellbeing. Across all workshop activities, participants acknowledged the potential future impact of the Strategy on community wellbeing across the Shoalhaven. Many participants embraced the intent and content of the Strategy as an important mechanism in building better relationships and enabling greater collaboration.

In summary, participants felt there were three key roles of the draft Strategy:

· A mechanism for enabling greater collaboration

· A guide for addressing the social determinants of health

· A tool for increasing accountability, as a guide for identifying targets and mandates to hold Government, organisations and community accountable

Further detail on participant responses is provided in Table 4 of the Summary of Feedback on Draft Shoalhaven Community Wellbeing Strategy (Attachment 3).

When asked about their role and responsibilities in the implementation of the Strategy, the majority of participants outlined their role in collaboration, identifying the next step of networking and building relationships to identify future opportunities. Further detail on participant responses is provided in Table 5 of the Summary of Feedback on Draft Shoalhaven Community Wellbeing Strategy (Attachment 3).

When asked to outline their current operations around Shoalhaven’s foundations of wellbeing, participants identified a range of projects. Operational strengths were shown in the foundations of community life (Foundation 1) and healthy and active communities (Foundation 4), with participants identifying a range of community events and programs currently provided. Although distance and an aging population were identified as barriers to Shoalhaven’s wellbeing, stakeholders showed strength in operations that connected and supported health service providers with patients, listing a range of innovative and technologically led programs. Sustainable natural and built environment (Foundation 6) and resilient local economies and inclusive economic opportunities (Foundation 8) identified current operational gaps of workshop attendees.

Participants identified a range of ideas and priorities for future operations. Participants felt the operations that required particular advancement were community safety in the built environment, community preparedness for shocks and stresses, local educational opportunities and housing affordability.

What was clear from stakeholder feedback, was that Shoalhaven has a diversity of skills, projects and passionate stakeholders that currently contribute to advancing its wellbeing. The Strategy provides an important guideline and tool to mobilise and connect these stakeholders. The feedback on current operations of stakeholders has been used to update the Strategy, providing more comprehensive information on the contributions of stakeholders to the Wellbeing Domains. The information gathered on future operations has been collated within the Stakeholder Workshop Outcomes Report as a resource to inform future work.

Community Engagement

In developing the Shoalhaven Community Wellbeing Strategy, Council heard from over 460 people in the community using surveys, workshops and interviews with residents, service providers and community organisations. The engagement outcomes report is included as Attachment 4. Additionally, Council teams, the Executive Management Team, Mayor, and Councillors were engaged throughout the process. This approach allowed us to hear from people across the Shoalhaven, including engagement targeted to hear from young people and seniors, and to also learn from the insights of experienced Council staff. The community and stakeholder engagement are detailed in the attached Shoalhaven Community Wellbeing Strategy.

Feedback on the draft Strategy was sought from the community through public exhibition. In addition, a follow-up workshop with external stakeholders was held on 5 September to seek feedback and encourage stakeholder interest in working collaboratively on wellbeing actions. The outcomes of this engagement are detailed as part of this report.

Policy Implications

The Shoalhaven Community Wellbeing Strategy will inform the development of future policies and encourage consideration of wellbeing outcomes.

Adoption of the Strategy will support Council to make decisions about business and service planning to improve community wellbeing. As the Strategy is used, it will influence decisions about the work included in future Delivery Programs and Operational Plans, which outline Council’s strategies and actions to be undertaken.

The Shoalhaven Community Wellbeing Strategy is informed by the themes and priorities of Shoalhaven 2032 – Community Strategic Plan as well as Council’s Core Values of Collaboration, Adaptability, Integrity, and Respect. It is informed by international, national, state, and regional strategies and legislation, as detailed in the attached Shoalhaven Community Wellbeing Strategy.

Financial Implications

The Shoalhaven Community Wellbeing Strategy identifies the priorities for improving community wellbeing and provides a framework to guide decisions about work-planning. This means there is no request for financial allocation for adopting the Strategy. Specific actions to address the priorities, and resourcing to be used, will be identified in the Action Plan.

The actions in the Action Plan will be integrated into ongoing work planning processes across the organisation, including resource allocation processes. If additional funding is required to deliver any action within the Action Plan, the established business processes for financial requests and funding considerations will be used.

Being unable to complete and acquit the grant-funded project, including adoption of the Strategy, before the reporting due date could impact on the availability of the grant funding, with the funding body revoking the grant agreement. This would require Council to identify other budgets to cover the budget shortfall. The total project budget is $100,000 which comprises 50% Council contribution and 50% grant funding from the Building Better Regions Fund.

Risk Implications

The financial risks, related to not completing and acquitting the grant-funded project before the reporting due date, are addressed above. This may also impact our ability to secure funding under future grant programs and put at risk the implementation of a range of other Council projects. There are reputational risks to Council if the Shoalhaven Community Wellbeing Plan is not completed.

Ordinary Meeting – Monday 10 October 2022

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CL22.533 Shoalhaven City Council Homelessness Policy Review

HPERM Ref: D22/375402

Department: Community Connections

Approver: Jane Lewis, Director - City Lifestyles

Attachments: 1. Shoalhaven Homelessness Policy ⇩

Reason for Report

The Shoalhaven Homelessness Policy (POL22/55) is presented for adoption. Council Policy requires that all Council public policies should be reviewed within 12 months of an election of a new Council.

Recommendation

That Council reaffirm the Shoalhaven Homelessness Policy with the changes outlined in Attachment 1.

Options

1. The recommendation is adopted as written:

Implications: The Shoalhaven Homelessness Policy will be updated as detailed in this report.

2. The recommendation is not adopted, and an alternative recommendation is provided.

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

Background

The Shoalhaven City Council Homelessness Policy is required to be reviewed within one (1) year of the election of a new Council.

The proposed amendments to the Homelessness Policy, as described in the Homelessness Policy Review September 2022, D22/375352, in Attachment 1, include:

· Statement

An expansion to the description of homelessness to elaborate the understanding of the diversity of homelessness:

Furthermore, Mackenzie and Chamberlain’s (1992) cultural definition of homelessness was adopted by the Commonwealth Advisory Committee on Homelessness in 2001 and is widely used in the homelessness sector. The definition describes three homelessness categories and builds a greater understanding of the diversity of homelessness:

Primary homelessness – applies when a person lives on the street, sleeps in parks, squats in derelict buildings, or uses cars or railway carriages for temporary shelter. The term 'rough sleeper’ is often used to describe people who fall into this category of homelessness.

Secondary homelessness – is used to describe people who move frequently from one form of temporary shelter to another. Secondary homelessness applies to people using emergency accommodation, youth refuges or women’s refuges, people residing temporarily with relatives or with friends, and people using boarding houses on an occasional or intermittent basis.

Tertiary homelessness – is used to describe people who live in premises where they do not have the security of a lease guaranteeing them accommodation, nor access to basic private facilities (such as a private bathroom, kitchen or living space). It can include people living in boarding houses on a medium to long term basis (more than 13 weeks) or in caravan parks. It also applies to people paying well above 30% of their income in rent who are at risk of homelessness.

· Right to Participate

Additional commitment included in section ‘3.7 Right to Participate’ to elaborate on supporting the role of Council staff to assist with inclusivity and participation at community events, activities and consultations.

b) Ensuring that council staff are provided with relevant information and guidance to ensure that people experiencing homelessness are treated respectfully and appropriately, are not discriminated against on the basis of their homeless status and provided with support and assistance where required.

· Use of Public Spaces and Council Facilities

It is proposed that an additional eighth principle ‘Use of Public Spaces and Council Facilities’ is included to address inclusivity around the use of public spaces and council facilities.

3.8 Use of Public Spaces and Council Facilities

Council acknowledges the rights of all members of the community to use public spaces, such as parks and beaches, and Council facilities, including showgrounds and campgrounds, whilst also recognising their responsibility towards other members of the community who have the right to live in a safe and peaceful environment.

Council commits to:

a) Ensuring that all public spaces and Council facilities are accessible and inclusive of all members of the community, as far as is practicable.

b) Council supervises the use of public spaces and Council facilities based on information from the Department of Communities and Justice, including the ‘Protocol for Homeless People in Public Places’, relevant legislative regulations and Council’s Terms and Conditions of Hire/Use.

c) Ensuring that all staff who frequently engage with people who are at risk or experiencing homelessness are provided with relevant information and guidance to ensure that people experiencing homelessness are treated respectfully and appropriately and are not discriminated against on the basis of their homeless status.

Policy Implications

Information from the Australian Bureau of Statistics and the Department of Communities and Justice ‘Protocol for Homeless People in Public Places’ has been taken into consideration for the proposed amendments to the Shoalhaven Homelessness Policy.

This proposal also acknowledges Council’s ‘Shoalhaven Affordable Housing Strategy’ and draft ‘Shoalhaven Community Wellbeing Strategy’ when considering Council’s principles and commitment to assisting the Shoalhaven community, including its vulnerable populations.

The content of the Policy is not anticipated to have further implications.

Ordinary Meeting – Monday 10 October 2022

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CL22.534 Policy Review - Shoalhaven Entertainment Centre Hiring Policy

HPERM Ref: D22/408448

Department: Shoalhaven Entertainment Centre

Approver: Jane Lewis, Director - City Lifestyles

Attachments: 1. Draft SEC Hiring Policy (under separate cover) ⇨

2. Current SEC Hiring Policy (under separate cover) ⇨

Reason for Report

The Shoalhaven Entertainment Centre Hire Policy is presented for adoption. Council Policy requires that all Council public policies should be reviewed within 12 months of an election of a new Council.

Recommendation

That Council adopt the revised Shoalhaven Entertainment Centre Hiring Policy.

Options

1. Adopt the recommendation as written

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

This will allow the inclusion of changes to ensure the policy is appropriate and current.

2. Not adopt the Recommendation

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

This may result in a loss of quality control provisions, impact the Shoalhaven Entertainment Centre’s professional reputation with hirers and patrons, and place the Venue at financial risk.

Background

Shoalhaven Entertainment Centre’s Hiring Policy was first adopted in 2010 and has been regularly updated to best meet the needs of the Venue as a Category 2 Business Activity of Shoalhaven City Council. The policy identifies the priority for hire and guiding principles for programming and hiring of spaces within the Centre.

It guides decision-making, programming and venue hire to ensure the process is fair, transparent and equitable for stakeholders. The policy is also intended to ensure the Centre delivers a balanced offering of quality events and performances to maximise utilisation alongside the financial objectives of the Centre.

This policy is also intended to assist in reaching the Centre’s artistic/programming vision, and a balance of community and professional productions.

Community Engagement

The proposed changes of Shoalhaven Entertainment Centre Hiring Policy are considered minor policy changes that do not warrant community engagement or public exhibition.

Policy Implications

Reaffirmation of the attached Policy will ensure it is relevant and reflects contemporary best business practice within Local Government owned and operated performing arts venues.

Financial Implications

There are no financial implications associated with reaffirming the policy.

Ordinary Meeting – Monday 10 October 2022

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CL22.535 Tenders – Bendeela Reservoir Design and Construction Project

HPERM Ref: D22/396889

Department: Water Asset Planning & Development

Approver: Robert Horner, Executive Manager Shoalhaven Water

Reason for Report

To inform Council of the tender process for the Bendeela Reservoir Design and Construction Projects.

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.

Recommendation

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 separate 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 Procurement Evaluation Plan.

Details

Project Descriptions

Shoalhaven Water Servicing Strategies (along with lessons learned through the Currowan bushfire experiences) have revealed the need to improve resilience and reliability of water supply to the Kangaroo Valley population. A new 0.5ML reservoir is proposed to be constructed at the Kangaroo Valley Water Treatment Plant (WTP) to supplement the existing 0.1ML reservoir on the same site. The existing reservoir servicing the area is identified as inadequate and therefore presents risks to the consistent delivery of water to the community. When the reservoir is emptied for inspection or maintenance, the township is fully reliant on the continual operation of the WTP and associated pumping for supply of water. The proposed 0.5ML reservoir will result in increased capacity of the Kangaroo Valley water supply and support the township during peak flows, particularly during holiday periods and natural disasters such as fires.

Tendering

Council called tenders for the Bendeela Reservoir Design and Construction Project on 9 August 2022, which closed 10:00am on 15 September 2022.

Two (2) tenders were received at the time of closing, with tenders received from the following:

Tenderer	Location
Keane Civil and Construction Pty Ltd	17 Hamelin Place Illawong, NSW 2234
Precision Civil Infrastructure Pty Ltd	Level 1, 155 Macquarie Rd Springwood, NSW 2777

Details relating to the evaluation of the submitted tenders is contained in the associated Confidential Report.

Community Engagement:

Community and stakeholder engagement prior to, and during construction is proposed. A dedicated project webpage has been established under Council’s ‘Major Projects & Works’ Portal:https://www.shoalhaven.nsw.gov.au/Projects-Engagement/Major-Projects-Works/Bendeela-Cambewarra-Reservoirs-and-Kangaroo-Valley-Storage-Tanks-Projects

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 water budget for the 2022/23 financial year. The project is also part funded via a Bushfire Local Economic Recovery Fund grant ($990,000). Funding is available to cover the tender amount including other project costs.

Ordinary Meeting – Monday 10 October 2022

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CL22.537 Notice of Motion - Continued Waving of Rates Ulladulla Pistol Club

HPERM Ref: D22/410828

Submitted by: Clr Greg Watson

Purpose / Summary

The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.

Recommendation

That Council:

1. Waive the rates on the Crown Lease held by the Ulladulla Pistol Club.

2. Review the waiving of rates in respect of community groups with a view to excluding such waivers from being a donations.

Background

For the last 39 years Council has been waving and or refunding the rates on the Crown lease held by the Ulladulla Pistol Club. The Club have developed their own facilities from their own resources assisted by Council with an initial interest free loan. This group is little different from any other sporting club who have developed their own facilities at no real cost to Council. With other sporting groups who lease their facilities from Council it is my understanding they are not rated by Council. It is my view we should not be calling the waving of rates a donation because with the community leases to other sporting groups we pay the rates as part of the primary parcel of land.

Note by the CEO

The Local Government Act 1993 (LGA) has specific requirements for Council to follow when determining a rate category for a property. There are only four rate categories in the LGA, these are Residential, Business, Farmland and Mining. Council must follow the criteria in the LGA when declaring a rate category.

Having reviewed the current rating on the Ulladulla Pistol Club (UPC) it is noted that it is currently being rated Residential, which will need to be corrected to Business effective 1 July 2023. If rated business this rating year, the rates would be an additional $87. The total rates and charges levied for 2022/23 is $894.37.

Under Section 494 (1) of the LGA ‘A council must make and levy an ordinary rate for each year on all rateable land in its area.’ Section 554 of the LGA further states ‘All land in an area is rateable unless it is exempt from rating.’ The leased property occupied by the UPC does not meet the criteria to be exempt from rating.

It is also noted that under Section 555 (1) of the LGA “The following land is exempt from all rates— (a) land owned by the Crown, not being land held under a lease for private purposes.”. According to Council records this parcel of land is leased (occupation permit) from Forests NSW. Under the version of the Occupation Permit (D16/269795) held by Council one of the conditions is to “Pay all rates, fees and charges under the Local Government Act”.

Under the LGA there are some rates and charges that may be waived, but none of these sections apply to this parcel of land:

• Section 567 Writing off of accrued interest

• Section 583 Writing off of pensioners rates and charges

• Section 595 Rates to be written off after 5 years (this relates to postponed rates)

• Section 607 Writing off of rates, charges and accrued interest – which refers to the regulations which allows under certain circumstances to write off stormwater charges.

Council is therefore unable to waive the rates for the UPC. An option available to Council to provide relief for rates to the UPC or other community groups is to include a request through the revised Donations Policy.

Ordinary Meeting – Monday 10 October 2022

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CL22.538 Notice of Motion - Wildlife Protection on Berry’s Country Lanes

HPERM Ref: D22/416173

Submitted by: Clr Tonia Gray

Purpose / Summary

The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.

Recommendation

That Council:

1. Provide a temporary speed reduction on Tindalls Lane, Toolijooa Road, Harley Hill Road, Broughton Vale Road, Boundary Road, Bryces Road, Tullouch Road and Beach Road to 60kph for the full length of the road.

2. Provide ‘Slow Down: Wildlife Crossing” signage along the road as soon as possible.

3. Encourage residents and road users to write to Transport NSW requesting consideration to a permanent reduction to speed limit on these lanes in Berry.

4. Write to Transport NSW supporting residents for a reduction in speed due to endangered wildlife crossing on Beach Road, Tindalls Lane, Toolijooa Road, Harley Hill Road, Broughton Vale Road, Boundary Road, Bryces Road and Tullouch Road

Background

After the successful Notice of Motion for Agars Lane in Berry at the Ordinary meeting on 26 September, we have been approached by David Rush the Wildlife Ecologist, Land for Wildlife Regional Assessor and Bush Connect Project Officer for the Illawarra Shoalhaven Great Eastern Ranges Region for the past 12 years. He has provided supplementary information relating to the successful Agars Lane Berry Notice of Motion.

I support any motion to reduce road speed on country lanes as a viable option to reduce wildlife vehicle collisions (wildlife deaths) and address public road safety issues.

Furthermore, I raise to Council’s attention other rural lanes, including but not limited to, Beach Road, Tindalls Lane, Toolijooa Road, Harley Hill Road, Broughton Vale Road, Boundary Road, Bryces Road and Tullouch Road where roadside native vegetation provides important wildlife habitat linkages. These roads are also where wildlife vehicle collisions sometimes occur and where public road safety is also an issue.

The roads in question are similarly narrow with important wildlife habitat (roadside native vegetation, trees and hollows) in the Berry area where road speed should also be 60km/h (if not already).

In some cases, such as with Agars Lane and Beach Road, roadside native vegetation and trees provide the only native wildlife habitat linkages or steppingstones of native vegetation to larger patches of wildlife habitat nearby making them vital for protection and conservation especially for endangered species such as the Greater Glider but also for common native species including Echidna, Swamp Wallaby, Wombat, Eastern Long-necked Turtles and a range of other native animals.

Berry Landcare conducted a Wildlife Crossing Workshop in October 2019 (which I attended) inviting various community group and government agency representatives (including Council, RMS, etc,) to discuss and collate issues related to wildlife crossings and roads. I am certain that Berry Landcare would be more than happy to provide a copy of the outcomes of that workshop to relevant contacts.

Ordinary Meeting – Monday 10 October 2022

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Local Government act 1993

Chapter 3, Section 8A Guiding principles for councils

(1) Exercise of functions generally

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

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

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

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

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

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

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

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

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

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

(2) Decision-making

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

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

(b) Councils should consider social justice principles.

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

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

(3) Community participation

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

Chapter 3, Section 8B Principles of sound financial management

The following principles of sound financial management apply to councils:

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

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

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

(i) performance management and reporting,

(ii) asset maintenance and enhancement,

(iii) funding decisions,

(iv) risk management practices.

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

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

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

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

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

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

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

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

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

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

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

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

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