Agenda of Ordinary Meeting - Monday, 17 July 2023

Ordinary Meeting

Meeting Date: Monday, 17 July, 2023

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 June 2023

6. Declaration of Interests

7. Presentation of Petitions

8. Mayoral Minute

9. Deputations and Presentations

10. Call Over of the Business Paper

11. A Committee of the Whole (if necessary)

12. Committee Reports

CL23.211..... Report of the Homelessness Taskforce Shoalhaven - 8 June 2023............. 1

HT23.8........ Homelessness Taskforce Shoalhaven - Terms of Reference Review

HT23.12...... Additional Item - Council Submission - Rental Rights - Select Committee

HT23.13...... Additional Item - Vacant Huskisson Police Station - Temporary Housing Opportunity

CL23.212..... Report of the Aboriginal Advisory Committee - 21 June 2023.................... 15

AA23.17 Membership Audit 2023 - Resignations & Vacancies - EOI To Progress

AA23.18 AAC Terms of Reference Review 2023

CL23.213..... Report of the Shoalhaven Arts Board - 28 June 2023................................. 20

AB23.16...... Birkett Weatherhead Gift - Management of works by Artists not Jim Birkett

AB23.17...... Shoalhaven City Art Collection - Acquisition of Works

AB23.19...... Shoalhaven Arts Board Grants - Acquittals - 2020/21 and 2021/22 Grants

AB23.22...... Additional Item - Signage - Shoalhaven Entertainment Centre

13. Reports

City Futures

CL23.214..... Nebraska Estate, St Georges Basin - Potential Recommencement of Planning Proposal........................................................................................................ 26

City Services

CL23.215..... EV Charging Stations on Public Land - Update on Council Approach........ 36

CL23.216..... Policy - Creation of an Asset Protection Zone (APZ) over Council Owned or Managed Land.............................................................................................................. 41

CL23.217..... Land Acquisition for Road Widening - Part Lots 542-547 DP 8399 The Wool Road, Basin View.................................................................................................... 49

CL23.218..... Callala Bay - Widen Ramp and New Walkway - Lackersteen Street.......... 54

CL23.219..... Tenders - St Vincent St / South St Intersection Upgrade (Traffic Signals) & South St Shared User Path, Ulladulla......................................................................... 67

City Development

CL23.220..... Variations to Development Standards - June Quarter 2023........................ 69

City Lifestyles

CL23.221..... Membership Appointment - Youth Advisory Committee.............................. 76

CL23.222..... Membership Appointment - Inclusion and Access Advisory Committee..... 85

Councillor Conference Report

CL23.223..... NSW Local Roads Congress Communique 2023........................................ 93

CL23.224..... LGNSW Tourism Conference 2023........................................................... 100

14. Notices of Motion / Questions on Notice

Notices of Motion / Questions on Notice

CL23.225..... Notice of Motion - Car Parking Sanctuary Point Shopping Centre Precinct 106

CL23.226..... Notice of Motion - Sanctuary Point Shopping Centre - Commercial Waste Bins - Poor Visual Amenity and Potential Encroachment............................................. 107

CL23.227..... Notice of Motion - Companion Animals Act - Cats..................................... 108

CL23.228..... Notice of Motion - Jervis Bay Road and Princes Highway Intersection.... 111

CL23.229..... Notice of Motion - Call in DA23/1320 - Bolong Road Coolangatta - Lot 12 DP 28128.................................................................................................................... 113

CL23.230..... Notice of Motion - Memorial Garden and Reflection Bench for Hoylake Park, Conjola Park............................................................................................................. 114

CL23.231..... Notice of Motion - Concerns Regarding Tree Planting Along Riverview Road, Nowra.................................................................................................................... 115

CL23.232..... Question on Notice - Youth Week 2023..................................................... 116

15. Confidential Reports

Reports

CCL23.20.... Tenders – St Vincent St / South St Intersection Upgrade (Traffic Signals) & South St Shared User Path, Ulladulla

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 17 July 2023

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CL23.213 Report of the Shoalhaven Arts Board - 28 June 2023

HPERM Ref: D23/276302

Attachments: 1. AB23.16 - Birkett Weatherhead Collection - works by other artists - works to keep - table A - June 2023 (under separate cover) ⇨

2. AB23.16 - Birkett Weatherhead Collection - works by other artists - works to sell - table B - June 2023 (under separate cover) ⇨

3. AB23.16 - Birkett Weatherhead Collection - works by other artists - works to hold - table C - June 2023 (under separate cover) ⇨

4. Acquittal - Albatross Musical Theatre Company - Shoalhaven arts board grant ⇩

5. Acquittal - Sense of Place - Shoalhaven Youth Orchestra - Arts Board Grant - 2020 2021 ⇩

6. Alaska Turner - Acquittal - Arts board Grant - 2020 2021 ⇩

AB23.16 Birkett Weatherhead Gift - Management of works by Artists not Jim Birkett

HPERM Ref: D23/235524

Recommendation

That Council, as recommended by the Shoalhaven Arts Board:

1. Endorse the advice of the Art Acquisition and Collection Subcommittee.

2. Retain the works listed in Table A (Attachment 1) in accordance with the Deed of Gift.

3. Sell the works listed in Table B (Attachment 2) in accordance with the Deed of Gift.

4. Hold the works listed in Table C (Attachment 3) until the remainder of the gift is received and works can be better researched and / or reviewed against the whole.

5. Any funds raised from the sale of works in part 3 to be put into a dedicated Council Reserve fund and used explicitly for the purpose of the care, storage and exhibition of works retained in the Birkett Weatherhead Collection, as noted in part 2 as per the terms of the Birkett Weatherhead Gift.

6. Inform Roy Weatherhead of the outcome of any decisions made.

AB23.17 Shoalhaven City Art Collection - Acquisition of Works

HPERM Ref: D23/239344

Recommendation

That Council, as recommended by the Shoalhaven Arts Board:

1. Accept the offer of a donation through the Cultural Gifts Program for the work ‘Untitled’ by Rueben Ernest Brown. Donation by Lisa and Pip Havilah

2. Accept the offer of a donation for the work ‘Shellwork slippers’ by Esme Timbery. Donation by Lisa Havilah and Glenn Barkley

3. Decline the offer of a donation of the work ‘View of Coolangatta Mountain from Old Man Island’ by Averil Muller. Donation by Lynne Wiltshire

4. Allocate a maximum of $3000 from the 2023/24 Art Acquisition budget for the purchase of prints by Robert Dickerson from the Dickerson Gallery.

AB23.19 Shoalhaven Arts Board Grants - Acquittals - 2020/21 and 2021/22 Grants

HPERM Ref: D23/240380

Recommendation

That Council, as recommended by the Shoalhaven Arts Board:

1. Accept the Acquittals from

a. Albatross Musical Theatre Company

b. Shoalhaven Youth Orchestra

c. Alaska Turner

2. Request invoices are supplied for monies unspent to

a. Albatross Musical Theatre Company – $331.75

3. Request Shoalhaven City Council to allocate returned funds to the Arts Grants program for 2023/24 and ensure funds are given back to the arts community through the Grants program.

4. Note that an outstanding acquittal is yet to come through from artist Joanna Thomas.

AB23.22 Additional Item - Signage - Shoalhaven Entertainment Centre

Recommendation

That Council, as recommended by the Shoalhaven Arts Board, provides funding for conspicuous signage for the Shoalhaven Entertainment Centre which is visible from the Princes Highway.

Note by the CEO:

This is currently a consideration of the Shoalhaven Entertainment Centre Councillor Reference Group pending finalisation of the compliance works, and is contingent upon remaining project budget and the Councillor Reference Group priorities.

A suggested alternate recommendation is “That Council, as recommended by the Shoalhaven Arts Board, consider a future report on options for conspicuous signage for SEC which is visible from the Princes Highway, on completion of compliance works and availability of remaining budget.”

Ordinary Meeting – Monday 17 July 2023

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CL23.214 Nebraska Estate, St Georges Basin - Potential Recommencement of Planning Proposal

HPERM Ref: D23/190868

Department: Strategic Planning

Approver: Carey McIntyre, Director - City Futures

Attachments: 1. Draft Planning Proposal - Nebraska Estate, St Georges Basin (under separate cover) ⇨

2. Updated Constraints Summary Map (2023) ⇩

Reason for Report

The purpose of this report is to seek Council’s endorsement to recommence the Planning Proposal (rezoning) process for Nebraska Estate, St Georges Basin.

This was one of five ‘legacy’ Planning Proposals (PP’s) terminated by the NSW Department of Planning and Environment (DPE) in December 2020 despite the level of work that had gone into them.

Recommendation

That Council

1. Reaffirm its commitment to resolving this longstanding paper subdivision, wherever possible and acknowledging:

a. The environmental and land capability constraints identified in a range of studies undertaken since the 1990s, and the social and financial complications associated with historic paper subdivisions being in fragmented private ownership.

b. The need for a comprehensive package of planning controls, including a site-specific development control plan (DCP) chapter.

c. The role that Council would need to take in coordinating the provision of essential infrastructure, subject to recouping the costs from the benefitting landowners consistent with the special rate arrangements in place for Jerberra and Verons Estates, and Council’s longstanding position.

d. The potential environmental and social benefits, including the voluntarily acquisition and permanent conservation of residual C2-zoned land, under Council’s Voluntary Acquisition of Residual C2 Environmental Conservation Land policy.

e. The landowners’ financial contribution toward the rezoning costs.

2. Endorse the draft Planning Proposal (PP) that is attached to this report ‘in principle’ for progression, update the PP as outlined in this report and submit it to the NSW Department of Planning and Environment (DPE) for a Gateway determination.

3. Formally commence the process of preparing the supporting DCP chapter and supporting Environmental Management Plan (EMP) with the aim of exhibiting these concurrently with the PP.

4. Receive a report on the PP and draft DCP for endorsement prior to public exhibition.

Options

1. As recommended - submit the draft PP to DPE for Gateway determination.

Implications: This will allow the PP process to restart and potentially progress to public exhibition, subject to a favourable Gateway determination and satisfaction of any relevant conditions. The draft PP has been updated and refined with the aim of enabling it to be exhibited and finalised within DPE’s maximum benchmark timeframes, to minimise the risk of the process being terminated again.

The Estate’s environmentally sensitive land is proposed to be rezoned from RU2 Rural Landscape to C2 Environmental Conservation and the remaining land is proposed to be rezoned to a mix of R5 Large Lot Residential and C4 Environmental Living. The PP package will include:

· LEP maps informed by a conceptual subdivision and development plan showing where dwellings are proposed to be located to manage bushfire risk, protect environmental values etc.

· Site-specific development control plan (DCP) will be prepared and exhibited concurrently with the PP. Like the Jerberra Estate there will also be a supporting Environmental Management Plan (EMP).

· Council policy Voluntary Acquisition of Residual C2 Environmental Conservation Land - Jerberra & Nebraska Estates will apply to the rezoned land, enabling Council to potentially acquire residual environmental-zoned lots and manage them for conservation in perpetuity, in accordance with the EMP.

If the land is ultimately rezoned, Council will need to play a coordinating role in upgrading the Estate’s infrastructure, subject to a funding arrangement being in place to recoup the costs from the benefiting landowners. This is consistent with Council’s previous position and approach to resolving other paper subdivisions.

The PP would provide a legal framework in combination with Council’s Voluntary Acquisition Policy, to resolve the Estate’s tenure and management in the long term.

2. Not proceed further and submit a PP for Gateway determination.

Implications: Unless a PP is progressed and finalised, this longstanding planning matter will remain unresolved. The environmentally sensitive land will continue to be subject to a range of disturbances. The ongoing issues associated with paper subdivisions that are in fragmented private ownership will persist and continue to impact on Council resources (e.g., dealing with compliance issues, inappropriate/unauthorised occupation of the land, clearing and/or development, environmental degradation issues, unpaid rates etc).

3. Make changes to the PP before submitting it for Gateway determination.

Implications: The options are very limited due to the constraints and complexities. For example, if the proposed C2-zoned area is expanded, it may not be economically viable for Council to acquire and manage environmentally sensitive land.

The PP is designed to protect the important environmental values in conjunction with allowing a limited amount of development in those parts where this is considered appropriate. The proposed residential footprint is based on detailed analysis of the environmental and land capability assessments.

Background

Nebraska Estate is an unresolved 1919 ‘paper subdivision’ east of Grange Road and north of The Wool Road at St Georges Basin – see Figure 1. The subject land currently comprises approximately 98 lots held in 50 separate ownerships and has a total area of approximately 33 ha.

Map

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Figure 1 – Subject land overlaid onto aerial photograph

The subject land is currently zoned RU2 Rural Landscape under the Shoalhaven Local Environmental Plan 2014 (LEP). The minimum lot size for dwellings in this zone is 40 ha (400,000 m²). Thus, dwellings generally cannot be approved on the individual lots due to their size (typically ~2,000 m²).

Planning Overview

The Jervis Bay area was the focus of speculative subdivision activity during and immediately after WW1, following the Commonwealth Government’s decision to make Canberra the Australian capital, and for Jervis Bay to be its official port. Planning legislation at that time was in its infancy: land use zoning did not exist, and subdivisions could be registered and created ‘on paper’, without services or infrastructure.

By the time the Great Depression set in, approximately 10,000 lots had been created ‘on paper’ in several subdivisions in bushland around Jervis Bay. These ‘paper subdivisions’ were zoned rural when land use zoning was first introduced in 1964, generally preventing the individual lots from being developed for residential purposes.

However, notwithstanding the planning restrictions and lack of basic services and infrastructure, Council has never had the legal ability to prevent the sale of individual lots within subdivisions. Consequently, roughly 1,500 individual lots were sold off in several paper subdivisions in the Jervis Bay area in the 1980s and ‘90s (e.g., Heritage Estates at Worrowing Heights, Jerberra Estate at Tomerong, and Nebraska Estate). Further information on paper subdivisions in the Jervis Bay area is available on Council’s website.

Genesis of the Nebraska Estate Planning Proposal

In 1992, Council resolved to investigate the potential for the Estate to be rezoned to enable low density residential development. Rezoning investigations undertaken in the 1990’s were ultimately interrupted in 1999 by a NSW State Government moratorium on rezoning land in the Jervis Bay area pending gazettal of the Jervis Bay Regional Environmental Plan, 1996 (JBREP) and subsequently, completion of the Jervis Bay Settlement Strategy.

The moratorium was lifted when the Jervis Bay Settlement Strategy (JBSS) prepared by Council and endorsed by the State Government, was finalised in 2003. The JBSS states that Nebraska Estate will be investigated for rural residential opportunities through a review of lot sizes and configuration to accommodate onsite effluent disposal.

Council recommenced a thorough investigation of the constraints and land capability in 2006, funded by the Estate’s landowners, via a 10-year special rate arrangement. This included a detailed Threatened Biodiversity Survey and Assessment by Eco Logical Australia P/L (ELA) for which the fieldwork was undertaken from December 2006 to May 2008; and a review of previous studies and desktop constraints analysis.

From December 2009 to April 2010, Council considered several reports on the constraints and land capability assessments. On 13 April 2010, Council resolved that there are three areas with limited development potential and that the remaining areas are unsuitable for development (MIN10.376) due to a range of environmental and land capability constraints.

An updated combined constraints analysis map and the areas initially identified with limited development potential are shown in Attachment 2. The constraints include:

· Watercourses and associated riparian land that is subject to flooding, partly affected by Acid Sulfate Soils, and is of high biodiversity value (see below)

· Swamp Sclerophyll Forest Endangered Ecological Community (EEC)^{^[1]} and Melaleuca biconvexa^{^[2]} (approx. 1000 individuals) corresponds closely with the flood prone land.

· A large population of the ‘critically endangered’ orchid Pterostylis ventricosa (P. ventricosa)^{^[3]}^&^{^[4]} and an individual endangered Leafless Tongue Orchid (Cryptostylis hunteriana) in the north-eastern corner – depicted by the overlapping blue circles (a 50 m buffer was recommended for threatened orchids). Darker shading indicates multiple overlapping buffers.

· Several hollow-bearing trees, Yellow-bellied Glider sap-feeding trees, Glossy Black-cockatoo feed trees. A 20 m buffer was recommended around these features, which are collectively shown by the smaller blue circles.

The subject land is understood to have been extensively logged in the 1970s and more recently, has been disturbed to varying degrees and some lots have been under scrubbed or totally cleared (BES, 2009). Much of the existing understorey vegetation is advanced regrowth which helps explain the relatively low number of hollow-bearing trees. There are several unauthorised structures that ultimately need to either be regularised or removed.

A Planning Proposal (PP) was subsequently prepared and submitted to DPE in late 2014. The PP included two density options for the NW Sector. In March 2015, DPE issued a Gateway approval allowing the PP to be progressed subject to a range of matters being addressed, including consultation with the Estate’s landowners to determine the preferred option for the NW Sector, and preparation of a water cycle (stormwater management) assessment to ensure that downstream water quality is protected.

The Estate’s landowners were engaged in relation to the two density options and on 5 April 2016, Council resolved (MIN16.230) to:

a) Adopt revised version 2 of Option 1 – Lower Density Residential Development outlined in this report and provided in Attachment D, as the preferred option to move forward with, and the Planning Proposal be amended accordingly.

b) Prepare the required water cycle assessment.

c) On completion of a) and b) publicly exhibit the Planning Proposal.

A conceptual subdivision and development plan was prepared in accordance with part a) of this resolution and has been updated based on the latest information. See Figure 2.

A picture containing text, map, diagram, atlas

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Figure 2 - Updated Conceptual Subdivision and Development Plan Nebraska Estate - Option 1.v2 (2023). Note: the concept plan is a working draft and is subject to change.

The required water cycle assessment was prepared, however progression of the PP to public exhibition, stalled due to complications arising from the NSW biodiversity law reforms.

Complications arising from the NSW biodiversity law reforms

The NSW Biodiversity Conservation Act 2016 (BC Act) and supporting Regulations commenced on 25 August 2017. A consequence of the BC Act was/is that the biodiversity offsetting scheme would be triggered at development application (DA) stage for most, if not, all the proposed dwelling entitlements within the Estate. The costs associated with preparing the necessary reports and securing the required biodiversity offsets, would potentially make development of the individual lots unviable.

This could potentially be resolved via Clause 34A of the Biodiversity Conservation (Savings and Transitional) Regulation 2017. Clause 34A is a ‘savings provision’ that allows development applications in certain areas that have been certified by the NSW Minister for the Environment, to be assessed under the previous legislation.

The planning controls for Jerberra and Verons Estates have been certified as ‘relevant planning arrangements’ under Clause 34A since 2019. However, the potential use of Clause 34A in Nebraska Estate was more complicated for two reasons:

1. The draft planning controls for the Estate had not been prepared at that time.

2. A large proportion of the Estate’s important biodiversity values would be on ‘residual C2-zoned land’ that is in fragmented private ownership. As discussed later in this report, this makes it more difficult to ensure the biodiversity values as a whole are proactively managed and protected to satisfy Clause 34A.

The PP stalled while the potential use of Clause 34A was explored in consultation with DPE’s Biodiversity Conservation Division (BCD).

Termination of the previous PP

The Nebraska Estate PP was one of five ‘legacy’ PPs terminated by DPE on 15 December 2020 as part of its focus on ‘unblocking the planning system’. On 18 January 2021, Council resolved in respect of Nebraska Estate, to:

seek a new Gateway determination at the appropriate point once the policy is adopted that will help resolve the tenure and management of the proposed E2 land (as per Council resolution MIN20.885) to help secure certification for the new planning controls under Clause 34A of the NSW Biodiversity Conservation (Savings and Transitional) Regulation 2017. Note: the policy referred to above and Clause 34A certification are discussed further below.

Clause 34A eligibility criteria

Clause 34A (4) of the Biodiversity Conservation (Savings and Transitional) Regulation 2017, sets out the following eligibility criteria for “relevant planning arrangements” [emphasis added]:

a) that the proposed development the subject of a development application is part of a relevant planning arrangement and the biodiversity impacts of the proposed development were satisfactorily assessed before the commencement of the Act as part of the relevant planning arrangement, and

b) that conservation measures have been secured into the future (by a planning agreement, a land reservation or otherwise) to offset the residual impact of the proposed development on biodiversity values after the measures required to be taken to avoid or minimise those impacts.

In respect of part (a), the biodiversity impacts for the PP were assessed prior to commencement of the BC Act, generally to the satisfaction of the relevant NSW Government agencies.

In respect of part (b), the Voluntary Acquisition of Residual C2 Environmental Conservation Land - Jerberra & Nebraska Estates policy adopted by Council in October 2021 allows Council to potentially acquire residual C2 properties (subject to landowner agreement) and manage them for conservation in perpetuity.

In summary, part (b) of the Clause 34A savings provision could be satisfied in two key ways:

1. Biodiversity values on land that forms part of an overall development parcel would be legally secured via consent conditions (which are legally binding) framed around the DCP and accompanying Environmental Management Plan.

2. Environmental land that is unable to be incorporated into an overall development parcel (i.e. ‘residual’ C2 land) would be eligible for voluntary acquisition by Council (i.e. willing buyer, willing seller) under the residual C2 acquisition policy. Land acquired under this policy is classed as community land and managed for conservation in perpetuity.

While DPE’s Biodiversity Conservation Division (BCD) have been consulted to seek certainty on the potential use of Clause 34A in Nebraska, it is not guaranteed; Council would need to apply for certification if/when the planning controls are in place.

Updated draft PP

The PP has been reviewed and updated to address changes to the legislative and policy framework and potentially enable it to progress within DPE’s new maximum benchmark timeframes. The key changes are outlined below and a draft Gateway request version of the PP is provided as Attachment 1 (under separate cover). The draft PP includes links to the support studies, previous Council reports etc.

Refinements to be made prior to public exhibition.

No significant changes to the intended outcomes are anticipated and the draft PP is generally ‘exhibition ready’. If the recommendations of this report are adopted, some refinements and improvements will be required prior to public exhibition (subject to a favourable Gateway determination) including:

· Incorporating Council’s resolution arising from this report.

· Incorporating the findings of a Phase 1 contamination assessment (yet to be commissioned).

· Incorporating feedback from Council's Floodplain Management team and City Services (stormwater infrastructure asset custodian) to ensure the proposed stormwater approach aligns with DCP Chapter G2 (stormwater management).

· Incorporating any feedback from Government agencies and Aboriginal stakeholders.

· Updating indicative infrastructure costings.

· Responding to any changes in the policy and statutory planning framework.

· Addressing any conditions of the Gateway determination.

· Other minor changes to improve general readability.

The draft PP seeks to amend LEP map overlays including the land use zoning (LZN) map overlay - see below.

A close-up of a map

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Figure 3 – Land Use Zoning Map (LZN) - Existing (left) and proposed (right)

The proposed changes to the LEP map overlays have been prepared to facilitate the conceptual subdivision and development plan (Figure 2) which shows how the land could ultimately be developed if the LEP is ultimately amended.

Proposed DCP framework

A supporting site-specific chapter in the overall Shoalhaven DCP 2014 will be needed to resolve complexities associated with developing the Estate and to help achieve intended outcomes. The site-specific DCP chapter would provide additional objectives, performance controls and acceptable solutions covering the following themes.

· Subdivision layout

· Conservation management

· Desired Future Character

· Bushfire protection planning

· Building Design and Location

· Aboriginal Cultural Heritage

· Stormwater management

· Infrastructure works

· Flooding & Emergency access

· Soil Management

Community Engagement

The PP has evolved over a long period in consultation with landowners and the relevant Government agencies. Council reports documenting this process can be accessed from the links provided in the Nebraska Estate Fact Sheet that is available on Council’s paper subdivisions webpage. A detailed report on landowner consultation undertaken in 2015-2016 that was considered by Council on 5 April 2016 is also available at this link.

Formal community feedback on the PP and draft DCP will be sought during public exhibition phase, subject to Council endorsement. Subject to resourcing, it is intended that the PP and draft DCP will be exhibited concurrently.

Early input will be sought from the Jerrinja Local Aboriginal Land Council (LALC) and other local Aboriginal stakeholders, subject to receiving a favourable Gateway determination from DPE.

Policy Implications

On 5 October 2021, Council adopted a Policy titled ‘Voluntary Acquisition – Residual C2 Environmental Conservation Land - Jerberra & Nebraska Estates’. Part 4 of the resolution to adopt the Policy (MIN21.699) included the following note:

a. The Policy will also only apply to land in the Nebraska Estate, St Georges Basin if/when the Planning Proposal (LP145.1) for the Estate has been finalised and the land rezoned [emphasis added] …

Financial Implications

Costs associated with preparing the PP (including the supporting studies) have been funded by a $200,000 Council loan that was repaid by the benefitting landowners over 10 years through special rates.

At the time of writing this report, $32,777 remains unspent and is available to assist this project. Any funds remaining at the conclusion of the PP process are intended to be utilised for designing the necessary upgrades to the subdivision infrastructure, for which a new special rate (or equivalent funding arrangement) will be required.

Risk Implications

The draft PP has been funded by the landowners via special rates collected over 10 years. While Council has no legal obligation to seek a new Gateway determination, a decision to not do this would trigger a strong reaction from the Estate’s landowners, who have an expectation that the Estate’s planning status will be resolved one way or another. It is also likely that if the planning future of the Estate is not resolved that the area may continue to be impacted by unauthorised activities and speculative land sales will also continue.

Ordinary Meeting – Monday 17 July 2023

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CL23.215 EV Charging Stations on Public Land - Update on Council Approach

HPERM Ref: D23/206662

Department: Technical Services

Approver: Craig Exton, Manager - Technical Services

Reason for Report

To provide an update and advice regarding Council’s strategic approach to the location and installation of Electric Vehicle Charging Stations across the Shoalhaven.

Recommendation

That Council

1. Notes Council’s Policy position with regard to the provision of EV charging stations on public land, as outlined in the report below.

2. Notes the approach staff are currently taking to identify, assess, and progress the installation of EV charging infrastructure, to ensure:

a. Sites meet the requirements of Council’s Policy, are within Council’s jurisdiction to approve, are in the public interest, and have the electrical capacity to support the infrastructure proposed.

b. Council licensing agreements, fees and conditions for the installation of EV charging on council land are consistent and equitable.

c. Council provides equal opportunity for Charge Point Operators to express interest or apply for a license to install EV charging infrastructure on Council land.

3. Notes the key issues and considerations regarding Council’s role in the provision of EV charging infrastructure, including:

a. Industries are responding to address charging gaps; Council needs to consider the appropriate and long-term role for local government in the provision of EV charging stations.

b. Allocating carparking spaces for EV charging, particularly in carparks where spaces are already in high demand (such as the CBD) presents an equity issue.

c. Standard licensing terms, fees and conditions are important to ensure Council does not grant commercial advantage to a specific party or Charge Point Operator.

Options

1. Note the updates and information as outlined in this report.

Implications: Staff will continue to explore opportunities for EV charging and follow the approach outlined in this report to ensure EV charging on public land meets Council’s policy requirements and provides an equitable and transparent process for Charge Point Operators seeking to license Council sites for this purpose.

2. Request further information or recommend alternative actions.

Implications: Further information can be provided or alternative recommendations investigated/actioned.

Background

At the 13 March 2023 Ordinary Meeting it was resolved that:

1. In relation to Electric Vehicle Charging Stations in the Nowra CBD, the CEO (Director City Services), Council investigate and report back to the Committee targeting the May 2023 meeting on the following:

a. Council’s Policy position on Electric Vehicle charging stations and how it relates to the Nowra CBD

b. Options available to engage with Electric Vehicle charging station providers

2. Council receive a report on installing and implementing EV parking stations city wide.

A report was provided to the Nowra CBD Revitalisation Committee on 20 June 2023 to address points 1a and 1b above. This report addresses point 2.

Council’s Policy

In 2022, Council reviewed and updated its EV Charging Stations on Public Land Policy. The purpose of this Policy is to provide criteria for the provision, installation, management, maintenance, and removal of EV charging stations on public land in the Shoalhaven City Council LGA, and to support the selection of the correct type of infrastructure at the right location. The Policy seeks to support and encourage increased uptake of EVs and outlines the principles for planning EV charging infrastructure on public land. Under this Policy, Council is committed to undertake community consultation when planning to install EV charging infrastructure on public land.

As stated in the Policy, it is not considered Council’s core business to own and manage vehicle charging infrastructure, however Council may support the installation of charging infrastructure on public land through a leasing or licensing arrangement with Charge Point Operators (CPOs) where proposed locations serve the public interest. The provision of EV charging stations on public land must be fair and equitable, and any provision of EV charging stations on public land will be subject to licensing/leasing arrangements in accordance with Council’s Occupation of Council Owned or Managed Land Policy.

EV charging opportunities

To support the uptake of EVs across NSW and address charging blackspots, the NSW Government has released an Electric Vehicle Strategy and NSW EV Fast Charging Master Plan identifying optimal zones where fast charging infrastructure will be prioritised. Both Nowra and Ulladulla have been identified as optimal zones for EV fast charging in this Master Plan.

Council has been closely monitoring advice and funding opportunities to identify how it can support EV charging and the transition to low emissions vehicles for its community, while considering the appropriate role of local government in this transition.

Actions undertaken and progress to date

· In February 2022, SCC identified 20 initial locations across the Shoalhaven where EV fast charging could be explored as part of a submission under the NSW Expression of Interest to host fast EV charging sites.

· The EOI submission nominated a key staff contact at Shoalhaven City Council that Charge Point Operators could contact to discuss EV fast charger installation in the Shoalhaven LGA.

· Locations were selected with consideration to their proximity to the optimal zones identified in the NSW EV Fast Charging Master Plan, as well as adequate parking provision, and safety and public lighting considerations.

· Council has received interest in several sites and staff have provided letters of support to Charge Point Operators to submit applications under the NSW EV fast charging grants.

o Applications must first progress through site feasibility studies, and the letters of support provided by Council are non-binding and provided under the condition that if the site is feasible, meets Council Policy criteria, and if parties are able to agree on suitable commercial and operational terms, the letter of support may be nullified by formal site agreements, subject to Council approval.

· One site at 85 South St, Ulladulla has progressed through the first stage of the NSW fast charging grant approvals process to proceed with feasibility studies and proposed design. In line with Council’s Policy requirement that community consultation be undertaken on any proposed installation of EV charging infrastructure on public land, the proposed site was exhibited on Council’s Get Involved page in May 2023 to determine if the site would be supported by the community. The site was widely supported by 95% of 114 survey respondents (further information is provided below).

· Staff are also exploring grant opportunities to support destination charging, and Council was successful in applying for grant funding to install a destination charger at its Lake Tabourie Holiday Haven. The project is currently on hold to enable required electrical upgrades, and the outcome of this project will determine future applications in later rounds of these grants. Staff are also in conversation with Endeavour Energy regarding a potential trial of pole-mounted destination chargers across the Shoalhaven.

· To ensure that any agreement with a Charge Point Operator to install EV charging infrastructure on public land will be fair and equitable, staff are preparing for Councill’s consideration, a standard leasing/licensing agreement for this purpose. This will ensure that the terms and conditions of any agreement will be consistent between CPOs seeking a license to install and operate EV charging infrastructure on public land.

Proposed approach moving ahead.

· EV charging is a new and rapidly evolving space that councils have not previously been strongly involved in. Since the initial identification of potential sites across the Shoalhaven, it has become apparent that some of these will not be suitable for EV charging due to complexity of ownership and management, and other site constraints such as electrical capacity to support EV charging.

· To address this, staff have conducted a review of the initial sites identified in 2022 to ensure that all the sites have adequate electrical capacity, are suitable for EV charging, meet the criteria of Council’s EV Charging Stations on Public Land Policy, and meet the funding criteria of NSW and Federal grants.

· An initial electrical study has been undertaken for these sites, and an internal review process has been conducted to develop a final list of sites that are supported by relevant teams across council and considered suitable for EV charging.

· It is proposed that a full list of sites be prepared in consultation with Councillors and then published for community consultation to enable feedback in line with Council’s Policy requirements. Community feedback would be presented to Council for consideration and adoption of an agreed list of sites.

· Subject to Council approval, it is proposed that the final list of sites be listed under a public Expression of Interest process for Charge Point Operators (CPOs) seeking to install EV charging infrastructure, along with standard fees and conditions for occupation and use of public land for this purpose.

Key considerations for Council with regard to EV charging

Under its EV Charging Stations on Public Land Policy, Council recognised that Electric Vehicles powered by renewable energy present a significant opportunity to reduce transport emissions and contribute towards Council and state targets to achieve net zero emissions.

A key objective of the Policy is to support and encourage the increased uptake of EVs. However, when determining Council’s role in this transition, there are some key issues that need to be considered.

· Council’s role in providing EV charging on public land needs to be considered as part of a broader industry landscape. During this early phase of the transition to electric vehicles, councils can play an important role in helping to address gaps in the charging network by supporting the installation of EV chargers across carparks and assets. This aligns with Council’s Sustainability and Climate Policy objectives, and actions in the adopted Sustainable Energy Strategy. However, in the long term, it is anticipated that the commercial sector will ultimately play the key role in the provision of EV charging infrastructure. For example, petrol retailers and service stations are already positioned to provide fuel services to vehicles and are strategically located along transport routes for this purpose. Companies such as Ampol and Shell have committed to progressively install EV charging across their sites (E.g., Shell has committed to add 500,000 charge points by 2025). Similarly, commercial businesses and corporations such as supermarket chains and hotel venues are also entering the EV charging space as they have large privately owned parking areas and can attract additional revenue through charging fees and increased shopping/patronage at their premises. Given these industries are responding to address charging gaps, Council needs to consider the appropriate and long-term role for local government in the provision of EV charging stations.

· Allocating carparking spaces for EV charging, particularly in carparks where spaces are already in high demand (such as the CBD), presents an equity issue as standard carparking spaces are available to all types of vehicles, while electric vehicle charging spaces are only available to electric vehicle drivers. EV charging stations need to be located where carparking is adequate to meet current and future demand in order to limit the loss of carparking.

· During this stage of early adoption and transition to support EV charging, Charge Point Operators who approach councils are often proposing peppercorn leases with low to no leasing or licensing fees for a period of 10 years, citing the significant investment costs of installing such infrastructure. It is important to note that these are commercial operators, and for the purpose of ensuring equitable terms and conditions for all Charge Point Operators, it is advised that the licensing fee should be determined by a valuation of the carpark area. By following this process and using a standard licensing agreement with consistent fees, terms and conditions, Council can ensure that agreements with Charge Point Operators seeking to install EV charging infrastructure on public land are equitable and Council does not grant commercial advantage to any party.

Community Engagement

In line with Council’s EV Charging Stations on Public Land Policy, Council is committed to undertake community consultation when planning new EV charging infrastructure on public land. Community consultation will be undertaken using Council’s Get Involved page, with any proposed charging stations published online to enable community feedback.

In May 2023, community consultation was undertaken around a proposed EV charging station at 85 South Street Ulladulla. The results of this consultation indicate that the community is supportive of EV charging stations, particularly where these projects are not funded by Council.

- Over the one-month exhibition period for the 85 South Street Ulladulla site, Council received 114 survey submissions on the proposal.

- 44.5% of respondents drove a standard vehicle but were interested in purchasing an Electric Vehicle in future.

- 95.6% of the respondents were supportive of the EV charging station being installed.

- Of the seventeen responses who did not support the project, thirteen of these were not supportive due to the perceived cost to the ratepayer. This was also the most common negative response on social media responding to the project.

- Given the project is cost neutral to council (installation would be funded by the CPO and grant, and council would receive a licensing fee for the site) these concerns can be addressed through greater communication around council’s financial role and contribution to these projects.

Policy Implications

Council’s EV Charging Stations on Public Land Policy is the primary policy which outlines the requirements for the provision of EV charging stations on public land. The installation of EV charging infrastructure on public land must comply with this Policy and Council’s Occupation of Council Owned or Managed Land Policy.

Ordinary Meeting – Monday 17 July 2023

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CL23.217 Land Acquisition for Road Widening - Part Lots 542-547 DP 8399 The Wool Road, Basin View

HPERM Ref: D23/225096

Department: Technical Services

Approver: Craig Exton, Acting Director - City Services

Attachments: 1. Sketch Plan of Proposed Acquisition - Part Lots 542-547 DP 8399 The Wool Road, Basin View ⇩

Reason for Report

This report provides Council with opportunity to consider the acquisition of part of Lots 542-547 DP 8399, The Wool Road, Basin View from various private landholders, under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 for the purpose of road requirements.

Recommendation

That Council:

1. Acquire part Lot 542 DP 8399 for $1,100 (one thousand one hundred dollars) plus GST if applicable; part Lot 543 DP 8399 for $11,100 (eleven thousand, one hundred dollars) plus GST if applicable; part Lot 544 DP 8399 for $12,350 (twelve thousand three hundred and fifty dollars) plus GST if applicable; and part Lot 546 DP 8399 for $5,750 (five thousand, seven hundred and fifty dollars) plus GST if applicable; as shown hatched in the attached Sketch Plan, by agreement from the private landowners for road requirements in accordance with the Land Acquisition (Just Terms Compensation) Act 1991;

2. Fund all costs associated with the land acquisition from Finance Project Number 106127 Strategic Land Acquisition, Capital Work Order C0006282;

3. Upon registration of the acquisition plan and settlement, authorise by notice in the Government Gazette, the dedication of part Lots 542, 543, 544 and 546 of DP 8399 as Public Road in accordance with Section 10 of the Roads Act 1993;

4. Continue negotiations with landowners of Lots 545 and 547 of DP 8399, with the aim of acquisition by agreement, subject to further Council report;

5. Delegate authority to the Chief Executive Officer to make minor adjustments to the purchase price, if necessary, in accordance with the settlement figure determined in consultation with Council’s Solicitor;

6. Affix the Common Seal of the Council of the City of Shoalhaven to any documents required to be sealed, otherwise, the Chief Executive Officer is authorised to sign any documentation necessary to give effect to this resolution.

Options

1. Adopt as recommended.

Implications: Council will have legal ownership of the parts of the lots that are affected by constructed road.

2. Not adopt as recommended.

Implications: Staff will cease negotiations and the constructed road will remain over privately owned land. The land affectation by the public purpose of road will not be in accordance with provisions of the Land Acquisition (Just Terms Compensation) Act 1991.

Background

The subject lots are located between the villages of Basin View and St Georges Basin, with frontage to The Wool Road. The lots present as densely vegetated vacant land, varying in size from 1128 – 1449sqm, and have an overlay applying to the land requiring 1 Ha (10,000sqm) minimum lot size for dwelling entitlement. The nearest formed intersections to The Wool Road are with Atherton Street to the west, and Grange Road to the east.

It has been identified that constructed road exists over the front part of the subject privately-owned lots. The map below shows Lots 542-547 DP 8399 (With street addresses of 95, 97, 99, 101, 103 and 105 The Wool Rd, Basin View) highlighted in yellow, and parts affected by road highlighted in red:

A picture containing aerial photography, aerial, bird's-eye view, map

Description automatically generated

The size in sqm of the affected parts as identified by draft survey are summarised below:

Lot number of DP 8399	Size in sqm of affected part (as per survey)
Lot 542	18.42
Lot 543	154.8
Lot 544	224.2
Lot 545	185.1
Lot 546	97.57
Lot 547	29.17

These lots were included as part of Shoalhaven LEP 1985 (Amendment No 28), gazetted 4 August 1989. Amongst other objectives, the LEP aimed to rezone the subject parts of Lots 542-547 Lot 8399 to ‘5(e) Local Road – Widening’, and the associated map indicated these parts for ‘proposed road closure’.

The lots were also affected by Development Control Plan 44 adopted by Council on 2 October 1990. Amongst other objectives, it included the intention ‘to provide for the dedication of land in subdivision for the widening of The Wool Road’, and ‘to improve driver sight distance to and from the Atherton Street intersection’.

It seems that whilst some of the planning objectives outlined in the LEP and DCP came to fruition, others did not. The referenced zoning proposal and the road construction over the identified parts of Lots 542-547 DP 8399 appears to have taken place, however the dedication of the land as road has not occurred and remains a legacy issue.

In order for the identified land to be dedicated as road, it must be acquired from the private landowners under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991.

Council considered independent valuations and claimable disturbance items consistent with the Act, and has reached agreement, pending Council resolution, with the landowners at compensation figures of;

· $1,100 + GST (if applicable) for part Lot 542;

· $11,100 + GST (if applicable) for part Lot 543;

· $12,350 + GST (if applicable) for part Lot 544;

· $5,750 + GST (if applicable) for part Lot 546.

Formal responses from the remaining two affected landowners have not yet been finalised, and ongoing communication is anticipated to take further time. Therefore, it is intended to proceed with acquisition and road dedication over Lots 542, 543, 544 and 546, whilst negotiations continue for the remaining lots, to be the subject of a further report in due course.

Acquisition of the affected parts of Lots 542-547 DP 8399 and dedication as road will formalise Council’s legal ownership of the land where the constructed road exists.

Community Engagement

Community engagement is not required for operational purposes. Adequate consultation with the landowners and Council’s asset custodian for roads has been undertaken.

Policy Implications

The acquisition process is in accordance with policy POL22/120 – Acquisition of Land by Shoalhaven City Council.

Financial Implications

Compensation and all associated costs to the acquisitions are to be funded from Council’s Strategic Land Acquisition budget, Finance Project Number 106127, Capital Work Order C0006282.

Risk Implications

Not acquiring the identified land would leave constructed road in the title of private ownership. The proposed action is administrative only and has no environmental impact.

Ordinary Meeting – Monday 17 July 2023

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CL23.218 Callala Bay - Widen Ramp and New Walkway - Lackersteen Street

HPERM Ref: D23/74272

Department: Works & Services

Approver: Craig Exton, Acting Director - City Services

Attachments: 1. Consultation Design ⇩

2. Consultation Cost Estimate ⇩

3. Particulars of Project - Project Scope, Project Schedule and Funding Schedule ⇩

Reason for Report

To seek determination on a grant funded project which has significant cost increase due to site constraints and inflation. The project has been designed to concept level and community consultation completed via Council’s Get Involved.

Recommendation

That Council:

1. Withdraws project FN105925 - Callala Bay - widen ramp and new walkway – Lackersteen Street from the Boating Now Round 3 Program;

2. Redirects the grant and associated Council funding to the Myola Boat Ramp Project under the same Boating Now Round 3 Program;

3. Retain the Callala Bay Boat Ramp Project within the 10-year CAPEX for and be considered for future grant submissions to secure funding.

Options

Option 1 - As per the recommendation

Funds allocated from the Boating Now Round 3 program, along with Council’s contribution, will be reallocated into the Myola Boat Ramp Upgrade Project and the Myola project will be able to proceed to tender.

The Callala Bay boat ramp project would be retained within a future year within the 10-year CAPEX and would be considered for future grant submissions to secure funding.

Option 2 – Reject the merging of the funds into the Myola project

This would effectively cause Council to have to withdraw both projects from the Boating Now Round 3 program because there are insufficient funds available to complete either project.

Background

In the Strategy and Assets Committee on 15 August 2017 – Callala Bay Boat Ramp Project was identified as priority project to be submitted in the Boating Now Round 2 Program and consequently a grant was submitted under Boating Now Round 2 in August 2017. In January 2018, the successful Boating Now Round 2 projects were announced and Callala Bay was not included.

The project was resubmitted by Council in March 2020 under Boating Now Round 3 Program and in August 2020 it was announced successful in receiving $270,750 of grant funding with $90,250 approved as Council co-funding. The project was scheduled to start design in July 2021 and as scheduled for construction completion in June 2022 as per the deed of agreement.

Design commenced in August 2021 with preliminary investigations and survey being completed. Shorter boat ramps were considered during the initial concept design stage, however, this required dredging to reach adequate depth for launching which was not considered a feasible option due to environmental and social concerns, in conjunction with ongoing budgetary constraints.

Further amendments included designing the ramp on concrete piles rather than placing the ramp on fill and armour rock. This would allow the movement of sand along the bay rather than further build-up of sand which is evident on the existing reclaimed land.

At the end of the concept stage the cost estimate was a total of $1,803,375, which included a 25% contingency, which is standard at his stage of design. The cost increase was discussed with TfNSW (Grant body) on a cost variation to cover the cost increase. Feedback from the grant body was the $1,412,025 cost variation would be unlikely to be supported but reallocation of remaining funds to Myola to help cover the smaller $551,000 cost increase will be supported. The additional shortfall for Myola will be sought in a cost variation through TfNSW once construction tenders have been received.

Community Engagement

Community consultation was undertaken from 4July 2022 to 1August 2022 via the Get Involved page for the project. The consultation plans included the extended boat ramp that meets minimum width and depth as per the guidelines, a proposed floating pontoon and elevated boat ramp to ensure sand movement. There were 177 responses in the consultation with majority (87.2%) of voters supportive of the upgrade. Some residents noted to that fund would be better spent on Myola upgrade rather than Callala Bay

Some community concerns raised included:

- Harm to seagrass

- Wave energy impact and floating pontoon suitability

- Reversing challenges

- Parking challenges

- Grade and depth issues

- Boat storage requirement

- Jetty safety

These issues were tabulated and addressed by staff in the design review.

Financial Implications

There are minimal costs associated with withdrawing the project and reallocating both Council and grant funds towards the Myola Boat Ramp Project. The expenses to date will be claimed under the 75% grant funding 25% council funding agreement as per the deed.

Inclusion of detailed design and construction capital bid funding for the Callala Bay Boat Ramp Project will be submitted in future financial year’s budget based on current estimates assuming a future grant funding ratio of 75% Grant funding and 25% Council Funding.

A grant application into a future suitable grant stream (most likely Boating Now) would be applied for. Depending on the grant stream there may be a requirement for Council to co-fund the project. The above-mentioned capital bid funding submission will be used as the required co-funding.

Ordinary Meeting – Monday 17 July 2023

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CL23.219 Tenders - St Vincent St / South St Intersection Upgrade (Traffic Signals) & South St Shared User Path, Ulladulla

HPERM Ref: D23/209221

Department: Works & Services

Approver: Craig Exton, Acting Director - City Services

Reason for Report

To inform Council of the tender process for St Vincent St / South St Intersection Upgrade (Traffic Signals) & South St Shared User Path, Ulladulla.

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 separated confidential report on the matter

2. Council make a different resolution

Implications: This is not recommended as an extensive evaluation process has been undertaken by the tender evaluation team in accordance with the tender evaluation plan

Details

Project Description

Council is seeking to engage a contractor to carry out the proposed upgrade of the South Street & St Vincent Street intersection to traffic signals and construction of a raised pedestrian crossing on Camden Street with shared user path link along South Street.

This project has funding under the Federal and State Government’s Road Safety Program, School Zone Infrastructure Sub program for further Ulladulla High School Safety Improvements.

Tendering

Council called tenders for St Vincent St / South St Intersection Upgrade (Traffic Signals) & South St Shared User Path, Ulladulla on 15 March 2023 which closed at 10:00am on 26 April 2023.

Three (3) tenders were received at the time of closing. Tenders were received from the following:

Tenderer	Location
Cleary Bros (Bombo) Pty Ltd	Port Kembla
Fulton Hogan Pty Ltd	Minto
Kingsline Pty Ltd	Greenfield Park

Details relating to the evaluation of the tenders are contained in the confidential report.

Community Engagement:

Transport for New South Wales and Shoalhaven City Council developed this project in consultation with Ulladulla High School, Kellam Bus Lines, Ulladulla Bus Lines, directly affected residents and the broader community.

Policy Implications

Nil. The tender process has followed the requirements under the provisions of the Local Government Act 1993.

Financial Implications:

Sufficient funds have not been allocated in the St Vincent St / South St Intersection Upgrade (Traffic Signals) & South St Shared User Path, Ulladulla budget for 2022/23 & 2023/24. The funding strategy is contained in the confidential report.

Risk Implications

Details relating to the Risk Implications are contained in the confidential report.

Ordinary Meeting – Monday 17 July 2023

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CL23.220 Variations to Development Standards - June Quarter 2023

HPERM Ref: D23/266567

Department: Development Services

Approver: James Ruprai, Director - City Development

Attachments: 1. Planning Circular ⇩

Reason for Report

This report is submitted to the Ordinary Meeting due to therequirement (Department of Planning and Environment) that the information contained in the report is to be reported to the full elected Council and to the Department on a quarterly basis. All reports to the Department must be submitted through the NSW Planning Portal.

Council is required to consider variations to development standards (contained in an environmental planning instrument such as the Shoalhaven Local Environmental Plan 2014) which exceed 10%, with lesser variations able to be dealt with by staff, under delegation.

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

This is a regular information report.

Given that there was only one Development Application with a clause 4.6 variation in the last quarter, the spreadsheet that is forwarded to the Department has not been attached to this report. A summary of the matter is provided at the end of the report.

Recommendation

That That Council receive the Variations to Development Standards – June Quarter Report 2023 for information.

Options

1. Receive the report for information.

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

2. Resolve an alternative and provide details to staff.

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

Background

Procedural and reporting requirements

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

· A written application (by an applicant) must be made to support a variation.

· An online register of all variations to be maintained. (Council’s website.)

· A report must be submitted through the Portal.

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

Summary of reportable variations

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

There was one reportable variation for the June Quarter.

Table – Variations June Quarter 2023

DA	Lot	DP	Street Name	Suburb	Post Code	Description	Standard Varied	Extent of Variation	Decision	Date
DA22/1935	1&2	1093409	Fegen	Huskisson	2540	Residential	Height	4.6%	Assumed concurrence. Delegation.	01/06/2023

In summary:

The proposal includes:

· Construction of a 4-storey residential apartment building containing 18 apartments and 1 level of basement parking with 30 car parking spaces; and

· Associated earthworks and landscaping.

The apartment breakdown is as follows:

· 8 x 3-bedroom apartments;

· 8 x 2-bedroom apartments; and

· 2 x 1-bedroom apartment.

Vehicular access to the basement is proposed from Bowen Street.

Figure 1 – Proposed Development

The subject site comprises 2 lots described as Lot 1 and Lot 2 DP1093409, otherwise known as 1 Fegen Street, Huskisson, located at the corner of Fegen Street and Bowen Street. The site contains an older style 2-storey residential apartment building.

The site is regular in shape and has an area of 1,517.5m², with frontages of 60.35m to Fegen Street and 25.145m to Bowen Street.

A clause 4.6 Variation Request accompanies application to vary the maximum building height applicable to the site (13m) under clause 4.3 of the Shoalhaven Local Environmental Plan 2014.

The variation is limited to non-habitable spaces and occurs at the rooftop plant areas, lift overruns and roof parapet. The maximum extent of the variation is 600mm (or 4.6% of the 13m standard)—at the northern lift overrun.

A drawing of a building

Description automatically generated with low confidence

Figure 2 Section of Development showing area of variation in red.

The application was assessed independently by a consultant and found to be satisfactory, subject to conditions of consent.

Approved documentation is viewable on Council’s tracking website.

Conclusion

· The variations and applications approved during the June quarter have been (or will be) uploaded to the Department of Planning and Environment Portal site and published on Council’s website.

· This report to Council, combined with the report (via the Portal) to the Department and website publication satisfies the requirements for the Department’s reporting regime for clause 4.6 matters.

Ordinary Meeting – Monday 17 July 2023

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CL23.222 Membership Appointment - Inclusion and Access Advisory Committee

HPERM Ref: D23/274900

Department: Community Connections

Approver: Sarah Taylor, Manager - Library Services

Attachments: 1. Membership Application Forms - IAAC 2023 - Redacted (councillors information folder) ⇨

2. Inclusion and Access Advisory Committee - Terms of Reference ⇩

Reason for Report

The purpose of this report is to seek endorsement from Council to appoint new members to the Inclusion and Access Advisory Committee, following the recent call for Expressions of Interest to fill all positions on the committee.

Recommendation

That Council Elect the following members (or their representative) until the next ordinary election of the Mayor, or the next general election of Council, or until the Committee is disbanded or completes its purpose in accordance with the Inclusion and Access Advisory Committee Terms of Reference.

1. Hayden Fineran as a member in the category of family, friend or carer.

2. Frederick Oberg as an Aboriginal representative.

3. Jackie Kay as a community member who lives with disability.

4. Karen Akehurst as a member in the category service provision.

5. Kate Kinch as a member in the category of family, friend or carer.

6. Kylieanne Derwent as a community member who lives with disability.

7. Leslie Coster as a member in the category service provision.

8. Veronica Rawlinson as a community member who lives with disability.

9. Lily Wright as a youth representative.

10. Aaron Trott as a member in the category service provision.

11. Bill Deaves as a community member who lives with disability.

12. Chris Mitchell as a member in the category of family, friend or carer.

Options

1. Adopt the recommendations as written.

Implications: Appointing the above members will fill all membership vacancies.

2. Provide an alternative recommendation.

Implications: These will depend upon the nature of the recommendation.

Background

Following a review of the 6 advisory committees that are overseen by staff in the City Lifestyles directorate, it was identified that there was an opportunity for greater consistency in the terms of reference documents for those committees. In response, a review of the Terms of Reference (ToR) for the Inclusion and Advisory Committee (IAAC) was conducted, resulting in significant updates, including to the membership. Following endorsement of these changes at Council’s Ordinary Meeting on March 13 2023 all positions were declared vacant and an expression of interest process commenced to fill these vacancies.

The Expression of Interest (EOI) process to fill all vacant positions ran from 20 April 2023 to 1 June 2023. Seventeen applications were received during this period.

An assessment panel consisting of a Council staff member (Community Capacity Builder), a Councillor (in the absence of the Chairperson) and one Community member assessed the applications and made recommendations for appointments to Council based on set criteria. Each member of the assessment panel voted on recommendations with a majority ruling.

The Panel recommended that Council appoint the above mentioned applicants as they collectively bring lived experience of a diverse range of disabilities, service provision knowledge and previous committee membership experience. The recommendations include 1 Youth Representative and 1 Aboriginal Community Member, both of whom have lived experience of disability and who have previously represented the IAAC.

Community Engagement

The EOI was open from 20 April 2023 to 1 June 2023 (41 days) and advertised in local newspapers, via social media platforms and distributed to relevant Community Connections networks.

Policy Implications

The recommendation is in accordance with the Inclusion and Access Advisory Committee ToR adopted by Council on 13 March 2023.

Ordinary Meeting – Monday 17 July 2023

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CL23.227 Notice of Motion - Companion Animals Act - Cats

HPERM Ref: D23/257494

Submitted by: Clr John Kotlash

Clr Evan Christen

Purpose / Summary

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

Recommendation

That the CEO write to the Premier, The Hon. Chris Minns MP, the Member for South Coast Liza Butler MP, the Minister for the Environment The Hon. Penny Sharpe MP, the Minister for Local Government The Hon. Ron Hoenig MP, the Leader of the Opposition Mark Speakman MP, the Shadow Minister for the Environment Kellie Sloane MP and the Member for Kiama Gareth Ward MP, urging that the Companion Animals Act 1998 be reviewed so that NSW LGA Councils have the power to formulate a policy to control domestic cats in the Council area with the ability to:

1. Introduce and police new regulations in relation to cat control that are deemed appropriate in their local government area for the protection of native species, the suppression of diseases carried by cats, and for the health and safety of cats generally.

2. Introduce controls on domestic (pet) cats on a trial basis for at least 12 months with a view to eventually introducing a 24-hour curfew.

3. Make 24-hour curfews on cats a condition of consent on all new greenfield development sites.

Background

Regulation of domestic cats by Councils is guided in NSW by the Companion Animals Act 1998 which essentially permits cats to roam freely beyond the perimeter of the owner’s property as long as they are microchipped, registered and wearing a collar. This is out of step with the regulations relating to dogs in NSW and prevents the impounding of wandering cats unless an order has been issued nominating the animal as a “nuisance cat” (Section 31). There are a number of reasons why a cat can be declared a “nuisance” but it’s a process that is cumbersome, slow and impractical and effectively puts the onus on the “complainant” to make the case when the control of the cat should be the responsibility of the owner.

Cat Populations in Australia

More than a quarter of Australian households have pet cats, and the population of domestic cats is somewhere around 5 million. More difficult to determine is the population of feral cats but estimates are between two and six million. (“The Conversation” 14 May 2020)

Urgency

Professor Chris Dittman of the University of Sydney “estimates that more than 800 million animals were killed in the bushfires since 2019”.

While some local wildlife species may have fled from the disastrous 2019/20 bushfires and subsequent flooding in the Shoalhaven, it must be realised that those areas that escaped these events were left with remnant bushland that has been a haven for those species and those left.

Without adequate controls the domestic pet cat will continue to wreak havoc on our wildlife. Research results have clearly shown the impacts of the domestic cat.

Given the recent publicity re other LG Councils across NSW, lobbying for the ability to formulate and carry through policies to control the domestic cat, Shoalhaven Council could stand with those councils to add greater persuasion for the NSW Government to act on this issue. This would also assist our own Shoalhaven area and give greater ongoing protection for our birds and wildlife.

The Impact of Cats on Native Animals

Native animals don’t generally have high reproductive rates, so they are susceptible to species decline because of the efficiency of the cat as a predator. Feral cats have been implicated in at least 25 mammal extinctions in Australia, they kill around 2 billion birds, reptiles and mammals a year and domestic cats eliminate about 230 million animals each year. (“The Guardian” 6 January 2021)

Cats hunt instinctively and not necessarily for food. Their presence alone puts native animals under stress, effecting their capacity to reproduce and raise young.

Research has shown the urgency to protect our wildlife with the statement - “It is known roaming (domestic) cats kill 390 million animals per year in Australia, including reptiles, birds and mammals. An average of 186 animals, mostly native species, per roaming domestic cat each year”. University of NSW survey 2020.

The Australian Government has introduced a revised 2022-2032 Threatened Species Action Plan in response to The State of the Environment 2021 report that revealed an environment in “poor shape” with 100 endemic species becoming extinct since colonisation. Australia has lost more mammal species than any other continent and the activity of invasive species, particularly cats and foxes, has contributed significantly to this decline. One of the objectives of the Action Plan is to “prevent new extinctions” through renewed efforts to reduce the number of roaming cats in Australia and State Governments have to do their part.

Cats Carry Diseases

Toxoplasmosis is a serious disease resulting from infection with a common parasite found in cat faeces. There is no vaccination against the disease and it can live in the environment for many months, contaminating soil, sandboxes, water, fruits, vegetables, paddock grass or any place an infected cat may have defecated. Toxoplasmosis can cause severe illness in infants infected in utero or in people with a weakened immune system and can cause abortion, stillbirth or neonatal death among livestock, especially sheep. Native animals particularly susceptible to this disease are those that forage at ground level such as wallabies, bettongs, potoroos and bandicoots. Treatment of infected animals is invariably unsuccessful.

Summary

New South Wales is behind the ACT and other jurisdictions in regard to cat control. Most are introducing regulations to confine cats to the dwelling of the owner or to a race in the yard. Since 1 July 2022 all newly acquired cats in the ACT must be confined to the owner’s property as is the case in Queensland. The Victorian and South Australian Governments have given the responsibility for regulation to individual councils which are generally introducing curfews. Knox City Council for example, south east of Melbourne and bordering the Dandenong Ranges National Park, trialled a sunset to sunrise curfew in 2020 and consulted with residents during the process. Of the 720 respondents, 86 percent supported the night time curfew and in fact indicated a greater preference for a full 24-hour curfew which was introduced on 10 April 2022.

The Companion Animals Act in NSW needs reform:

· To keep it in step with other states.

· To make cat owners responsible for control of their pets in the same way NSW dog owners are.

· To reduce the rate of extinction and species decline in native animals.

· To prevent the spread of cat borne diseases.

· To protect domestic cats, which are an important companion animal, from death and injury as a consequence of straying into the foreign environment outside the safety of the owner’s home.

Note by the CEO

Council submitted the following motion to the 2019 Annual LGNSW Conference however no feedback was received.

That the NSW State Government change the Companion Animals Act so that domestic cats are no longer free to wander and are confined to the house of their owner and/or an appropriate meshed cat run.

Background

The number of feral and stray cats in Australia is almost impossible to calculate but in 2014 Greg Hunt, the then Federal Environment Minister, said that estimates put it at around 20 million and these were killing up to 20 billion animals per year.

As an example, in the Shoalhaven, we are custodians of one of the most important biodiversity regions in Australia including around 300,000 hectares of National Parks and State Forests. The area is home to approximately 390 bird species, 61 of which are threatened and 17 of those 61 species are on both NSW and Commonwealth Endangered Species lists. Within one kilometre of Hyams Beach 139 species have been catalogued and 78 species within the same distance from Bherwerre Wetland at Sanctuary Point. Cats on the loose provide a major threat to not only birdlife but ground mammals, frogs, snakes and lizards.

Council Rangers across NSW do not have the same rights to impound cats as they have for dogs and can only do so if a cat is declared to be a “nuisance”.

The law needs to change so that local councils can make a more useful contribution to curbing Australia’s extinction crisis.

Ordinary Meeting – Monday 17 July 2023

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CL23.232 Question on Notice - Youth Week 2023

HPERM Ref: D23/276307

Submitted by: Clr Moo D'Ath

Question

Shoalhaven City Council held three events during Youth Week 2023 (20 - 30 April). The three events were the ‘The Point Project - Youth Week Festival’ (Friday 21 April), a free Youth Week photography workshop (Saturday 22 April) and the ‘Night is Young Festival’ (Saturday 29 April). Finding out if young people in the Shoalhaven enjoyed or/and found them useful and easily accessible can help improve these events for the future.

1. How many people attended each of the three events?

2. What was the average age demographic that attended the events?

3. Was there feedback gathered from people attending these events, if so, can the feedback be sent out to councillors?

4. Were there any young people involved in developing these event ideas?

5. Where and how much in advance were the events advertised?

Response

1. How many people attended each of the three events?

Night is Young Festival: 250 community members.

Jerrinja Balaang Exhibition and Photography Workshop: 5 young people

The Point Project - Youth Festival: 150 community members.

2. What was the average age demographic that attended the events?

Night is Young Festival: This event was open to the whole of community, and many families attended, so there were both a large group of young people between 14-17 years and community members between 30-50 years. The stars of the event, performers and market stallholders, were all between 12-25 years of age.

Jerrinja Balaang Exhibition and Photography Workshop: 15-20 years of age.

The Point Project - Youth Festival: 11–13 year-olds made up the bulk of attendees.

3. Was there feedback gathered from people attending these events, if so, can the feedback be sent out to councillors?

Night is Young Festival

Feedback from Participants at the Night is Young Festival included responses as follows:

What is your favourite thing about today?

· “Loved all the market stalls!”

· “Really enjoyed performing”.

· “Favourite bit is watching all the performers so far”.

· “It’s great seeing young people supporting other young people”.

· “Comfortable atmosphere, very friendly and helpful”.

· “Loved everything! Was so well organised!”

· “The really talented performers”.

· “The community and people”.

· “Connection to other services”.

· “Well organised and ran smoothly”.

Formal evaluation with event stakeholders showed overwhelmingly that the event was a success:

· Market Stall Holders in response to ‘Please rate your overall satisfaction on the event:

o 56% of participants who ran a market stall on the day were very satisfied overall and 33% of participants said they were somewhat satisfied with the event.

· Performers in response to ‘overall, how would you rate the event?’

o 44% rated the event as ‘excellent’ and 56% of performers who participated in the survey overall rated the event as ‘good’.

· Service Providers in response to ‘please rate your overall satisfaction on the event’:

o 82% of the service providers who participated in the survey were overall very satisfied about the event, with 18% of service providers stating they were somewhat satisfied.

Jerrinja Balaang Exhibition and Photography Workshop

The session was great and gave participants the opportunity to learn about the principals of photography through a series of activities that culminated in a collective photo story of the interior and exterior Gallery environment.

The Point Project - Youth Festival

Many parents who attended the event commented that their children had an amazing day and the whole family enjoyed the atmosphere of the event, particularly in being able to enjoy the free BBQ and free skate workshops through Totem.

4. Were there any young people involved in developing these event ideas?

Night is Young Festival

· 30 young leaders through Headspace’s Youth Reference Group and Council’s Youth Advisory Committee were the drivers behind the choice of the event type, format of the event, name and theme design of the event.

· 12 young people were involved in delivering and running the event on the day.

Jerrinja Balaang Exhibition and Photography Workshop

· 1 young art facilitator was involved in the planning and facilitation of the photography workshop and tour of the art exhibition.

The Point Project - Youth Festival

· Young people were surveyed prior to the event about what they would like to see as part of the mural project launch at the skatepark, this supported the choice to engage Totem to run a skate workshop at the Festival in the park.

5. Where and how much in advance were the events advertised?

Promotion for Youth Week 2023 was extensive and provided through a range of platforms and made accessible across the LGA through the following modes from 27 February until 29 April 2023:

· Posters put up in a number of locations and shopfronts in all central townships: Nowra, Bomaderry, Vincentia, Huskisson, Sussex Inlet, Ulladulla, Milton;

· Radio Advertising on 2ST;

· Media Release through Shoalhaven City Council;

· Social Media Posts through Shoalhaven City Council and Working Group Community Services; and

· Event Pages on Shoalhaven City Council, NSW Youth Week, Community Radio Pages, and local 'What’s On' pages.

To view visit:

Media Release 1: Everything you need to know about Shoalhaven’s Youth Week | Shoalhaven City Council (nsw.gov.au)

Media Release 2: Thank you Shoalhaven, Youth Week was a huge success | Shoalhaven City Council (nsw.gov.au)

Photos: https://flic.kr/s/aHBqjAEa9v

Ordinary Meeting – Monday 17 July 2023

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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.

[1] Swamp Sclerophyll Forest is listed as an Endangered Ecological Community (EEC) under Part 2, Schedule 2 on the NSW Biodiversity & Conservation Act 2016 and also on the Environment Protection & Biodiversity Conservation Act 1999 (Cwlth).

[2] Melaleuca biconvexa is listed as vulnerable on the NSW Biodiversity & Conservation Act 2016 and the Environment Protection & Biodiversity Conservation Act 1999 (Cwlth).

[3] Pterostylis ventricosa (P. ventricosa) was discovered in 2000 (in Nebraska Estate) and was formally recognised as a new species in 2008. The species was originally published as Speculantha ventricosa (Jones 2008) but was subsequently renamed P. ventricosa.

[4] P. ventricosa is listed as critically endangered on the NSW Biodiversity & Conservation Act 2016.