Agenda of Ordinary Meeting - Monday, 27 November 2023

Ordinary Meeting – Monday 27 November 2023

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CL23.424 Investment Report - October 2023

HPERM Ref: D23/456797

Department: Finance

Approver: Kerrie Hamilton, Director City Performance

Attachments: 1. Shoalhaven Monthly Investment Report - October 2023 (under separate cover) ⇨

Reason for Report

The reason for this report is to inform the Councillors and the Community on Council’s investment returns. The report also ensures compliance with Section 625 of the Local Government Act 1993 and Clause 212 of the Local Government (General) Regulation 2021, that requires a written report is provided to Council setting out the details of all funds it has invested.

Recommendation

That Council:

1. Receive the Record of Investments for the period to 31 October 2023.

2. Note that Council’s total Investment Portfolio (excluding the Long-Term Growth Fund) returned 4.52% per annum for the month of October 2023, outperforming the benchmark AusBond Bank Bill Index (4.01% pa) by 51 basis points (0.51%).

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

Options

1. The report on the Record of Investments for the period to 31 October 2023 be received for information.

Implications: Nil

2. Further information regarding the Record of Investments for the period to 31 October 2023 be requested.

Implications: Nil

3. The report of the record of Investments for the period to 31 October 2023 be received for information, with any changes requested for the Record of Investments to be reflected in the report for the period to 31 October 2023.

Implications: Nil

Background

Please refer to the attached monthly report provided by Council’s Independent Investment Advisor, Arlo Advisory Pty Ltd (formally Imperium Markets Pty Ltd).

Portfolio Return

The investment returns (excluding Long-Term Growth Fund) were a stable 4.52% p.a., outperforming the benchmark AusBond Bank Bill Index (4.01% p.a.) by fifty-one basis points (0.51%).

The overall portfolio (excluding cash) returned a positive 1.24% p.a. for the month of October 2023, underperforming the benchmark AusBond Bank Bill Index return by -2.77% p.a.

The Reserve Bank of Australia lifted the official cash rate by 25 basis points on 7 November 2023 to the official interest rate of 4.35%. The RBA remains resolute in its determination to return inflation to target and will do what is necessary to achieve that outcome.

Investments (Excluding Long-Term Growth Fund)

Graph 1 below, shows the performance of Council’s Investment Portfolio (excluding Long-Term Growth Fund) against the benchmark on a rolling 12-month basis.

Graph 1 - Performance of Council’s Investment Portfolio against the benchmark on a rolling 12-month basis

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Long-Term Growth Fund

Council’s investment in the Long-Term Growth Fund underperformed and returned a negative -$286,792.07 or -1.41% (net actual) for the month of October 2023.

It is important to note that TCorp has a target of 3.5% above inflation of 2.5%, therefore the long-term target is expected to return an average of 6.0% per annum (benchmark) over a seven-year cycle with positive months outweighing the negative months over the long-term.

Investment Interest Earned – October 2023

Table 1 below, shows the interest earned for the month of October 2023.

Table 1- Interest Earned for the Month of October 2023

Fund	Monthly Revised Budget $	Actual Earned $	Difference $
General	259,572	293,444	33,872
Water	87,989	159,592	71,603
Sewer	56,904	61,778	4,874
Total excluding Long-Term Growth Fund	404,465	514,814	110,349

The interest earned for the month of October, excluding changes in the fair value of the TCorp Long-Term Growth Fund was $514,814 compared to the monthly revised budget of $404,465.

Investment Interest Earned - Year to Date

Table 2 below, demonstrates how the actual amount of interest earned year to date has performed against the total budget.

Table 2 - Amount of interest earned year to date, against the total budget.

Fund	Revised Total Annual Budget $	Actual YTD $	% Achieved
General	3,056,247	1,165,508	38.14%
Water	1,036,000	633,873	61.18%
Sewer	670,000	245,370	36.62%
Total excluding Long-Term Growth Fund	4,762,247	2,044,751	42.94%

The cumulative interest earned for the year (July to October), excluding the change in fair value of TCorp Long-Term Growth Fund was $2,044,751 which is 42.94% of the current full year revised budget.

Graph 2 (3 separate graphs) below, illustrates the cumulative interest earned for the year for each fund (General, Water and Sewer) against budget:

Graph 2 - Cumulative interest earned for the year for each fund against budget.

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Cash and Restricted Assets, Restricted Asset Movements and Liquidity Indicators

At the time of preparing this report, Finance was in the process of finalising the October quarter budget reviews. Accordingly, the Cash and Restricted Assets, Restricted Asset Movements and Liquidity Indicators sections have necessarily been excluded from the October Investment Report.

As at 30 June 2023, Council had spent $35M in grants spent in advance. In accordance with Council's adopted Liquidity Contingency Plan, internal restrictions were utilised to fund the grants spent in advance.

Since 30 June 2023 and up to 31 October 2023, Council received $20.4M of the outstanding grants spent in advance balance.

Statement by Responsible Accounting Officer

I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulations 2021 and Council’s Investments Policy POL 22/78.

Katie Buckman Date: 20 November 2023

Ordinary Meeting – Monday 27 November 2023

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CL23.428 Exemption to Tendering - Coomee Nulunga Walk Ulladulla

HPERM Ref: D23/465767

Department: Technical Services

Approver: Carey McIntyre, Director - City Services

Reason for Report

To allow Council to consider an exemption to Tendering in accordance with Section 55 of the local government Act to enter into a contract with Sustainabylt Pty Ltd for the construction of the Coomee Nulunga Boardwalk.

Recommendation

That Council

1. Approves an exemption from tender in accordance with Section 55(3)(i) & (k) of the Local Government Act 1993, for the construction of the Coomee Nulunga Boardwalk located at Warden Headland Ulladulla, noting that a satisfactory result would not be achieved by inviting tenders due to:

a. Extenuating circumstances existing due to:

i. The current contractor, Sustainable Infrastructure Systems (SIS), are unable to perform the requirements of the contract and the contract is to be terminated or varied.

ii. There is insufficient time to Tender the project again due to time constraints on the grant funding.

iii. Sustainabylt who are currently subcontracted by SIS and originally tendered for the project, have established the site and are ready to commence the installation of the boardwalk.

iv. ULALC have committed staff to assist in the construction as part of their training program and this opportunity may be lost if there are time delays.

2. Authorises the CEO (Director of City Services) to negotiate and enter a contract with Sustainabylt Pty Ltd for the construction of the Coomee Nulunga Boardwalk. SIS will supply the material only.

Options

1. Resolve to adopt the recommendation.

Implications: This is recommended due to the urgency of continuing construction and completion of this project prior to the end date of the grant in December 2023. The preferred contractor Sustainabylt is committed to constructing this project and have sound knowledge of the site and construction methodology. It has been confirmed that Council would be receiving value for money through comparison to rates received from the original tender where Sustainabylt were ranked 2^nd in the Tender Evaluation process. The completion of the construction prior to the summer holiday period will be a great tourism drawcard to the area.

2. Council chooses not to accept the recommendation and resolve to undertake a full open tender process.

Implications: This is not recommended as a full open tender process will be lengthy and likely result in either an equal or greater cost to that provided by the preferred contractor. Delays to the construction of the project will not fulfill our requirement under the Grant Deed.

Further delays may also be met with backlash from the community who will be unable to utilise the newly constructed boardwalk during the peak tourism season.

Background

The Coomee Nulunga Cultural Walk is project D6 (stage 2) of the Shoalhaven Sustainable Tourism Infrastructure Grant. The project is located on the southern side of Warden Headland, Ulladulla. The walk traverses many tenures including Shoalhaven City Council (S CC), Crown and Ulladulla Local Aboriginal Land Council (ULALC) lands.

The project involves the construction of 585m of low-level boardwalk with adjoining talking/viewing platforms and will be used by ULALC conducting cultural walking tours. The Bunaan Sculpture commissioned by ULALC will also be installed at the western entrance (opposite the Lighthouse Oval). ULALC is contributing both financially and in-kind work towards this project and have committed staff to assist with the construction and initial clearing of the track. Council staff have been working collaboratively with ULALC for 3 years on the project.

All projects in the deed are required to be completed by the end of December 2023. The Coomee Nulunga Walk is the last project to be constructed.

The Tender was awarded to Sustainable Infrastructure System (SIS) for the construction of the projects on 15 June 2023. Due to internal resourcing issues within SIS, SIS have indicated they do not have the capacity to carry out the works currently and want to terminate the contract. However, they have indicated their interest in supplying the boardwalk materials only, as this is their core business.

SIS as part of their contract have engaged Sustainabylt to undertake the works as a sub-contractor to them. Sustainabylt had originally Tendered for the project and were the 2^nd preferred Tenderer. Sustainabylt has commenced the project with site establishment on 12 November 2023. To maintain momentum with the project and minimise further delays, Council has made an initial engagement with Sustainabylt to supply and install the footings.

With SIS requesting to terminate the contract, Sustainabylt have provided a quotation to Council to undertake the work as head contractor not including the supply of the boardwalk material.

Policy Implications

Nil implications. This report and proposed recommendation are in accordance with Council’s adopted Procurement Procedures and applicable Legislation.

Financial Implications

Adopting the recommendation will result in manageable financial implications for Council. The project is funded by the Shoalhaven Sustainable Tourism Grant (76%), SCC (24%) and ULALC (1%). The project is budgeted for in the 2023/2024 adopted budget.

The proposed total cost of the new engagement with Sustainabylt is broken down in the table below:

Item	Cost (ex. GST)
SIS – Supply of boardwalk materials and design	$164,000 (final cost TBC)
Sustainabylt - Supply and Installation of Surefoot footings	$130,955.76 (SCC have already engaged Sustainabylt for these works)
Sustainabylt - Installation of Boardwalk and sculpture	$226,727.27
1 - Total - Sustainabylt	$357,683.04
2 - Total Construction Cost	$517,683.03
3 - Original SIS engagement	$450,186.81
4 – Total cost increase (3 – 2)	$67,496.22

Figure 1 – Revised cost estimate to deliver the works package.

At present, across all Sustainable Tourism projects with a total project budget of $8.86M, there is a budget under expenditure of $52,000. In the worst-case scenario of the full additional $67,000 being incurred, there will be a budget overrun of circa $15,000. This overrun is expected to be able to be recouped on other sustainable tourism projects, namely the Hyams beach project which has a further $20,000 of contract contingency that is highly unlikely to be required.

Currently, Sustainabylt has been engaged to undertake the supply and installation of the footings.

Council will investigate the option of seeking damages from SIS resulting from the termination of the contract to recover the expense of the cost increase.

Risk Implications

Positive Implications. Adopting the recommendation will mitigate risk associated with lengthy delays to the project that would cause Council to miss meeting the grant milestone. Council may be exposed to significant additional cost if the conditions of the grant milestone are not met.

Ordinary Meeting – Monday 27 November 2023

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CL23.429 Report - Quarterly Review for Compliance Matters

HPERM Ref: D23/400605

Department: Certification & Compliance

Approver: James Ruprai, Director - City Development

Attachments: 1. Penalty Notices & Warning Issued & Patrols - Quarterly Review - City Development - July to September 2023 ⇩

Reason for Report

Council resolved that detailed quarterly reports on compliance activities will be prepared and presented (MIN18.907) and that these reports are to include an analysis of trends, effectiveness and current and arising areas of risk (MIN22.348)

This report provides this information for Quarter 1 FY24 (1 July 2023 to 30 September 2023).

Recommendation

That Council receive the 1 July 2023 to 30 September 2023 quarterly report on compliance matters for information.

Options

1. Council receives the report for information.

Implications: Nil

2. Council receives the report and provides additional direction for future reports.

Implications: Any changes or additional matters can be added to future reports.

Report

Compliance activities are completed by the following Units within City Development:

(a) Compliance (Certification and Compliance): Development compliance matters including unauthorised development, development not in accordance with development consent, land use issues and swimming pool safety issues.

(b) Environmental Health (Environmental Services): Pollution incidents (noise, water, and sediment control), environmental incidents, food shops and the operation of on-site sewage waste management facilities.

(c) Ranger Services (Certification and Compliance): Parking, animal management, unauthorised camping, littering, rubbish dumping, unattended vehicles, and other environmental offences.

(d) Fire Safety (Certification and Compliance): Fire Safety relating to commercial buildings.

This report provides Council with an update on the penalties issued (number, type, and ticket value) and any Local or Land and Environment Court matters determined or progressing.

This report relates to July to September 2023 (Q1 FY24).

Penalties issued during the period.

A combined total of 2,388 penalty notices were issued by the nominated Units during the period (refer Table 1). These penalties have a face value of $557,968 and based on historical figures, Council stands to receive approximately 70% of this ticketed figure.

A total of 35 warnings were issued during the period.

Attachment 1 to this report provides a breakdown of the penalties and warnings issued.

Unit	Number Issued	Total Amount	% of total amount	Warnings issued
Compliance	30	$58,400	10.4%	18
Fire Safety	0	$0	0.0%	0
Compliance – Pools	9	$4,620	0.8%	0
Environmental Health	18	$79,610	14.3%	4
Rangers – Animal issues	115	$72,260	13.0%	11
Rangers – Environmental issues	18	$21,280	3.8%	1
Rangers – Parking	2,198	$321,798	57.7%	1
Total	2,388	$557,968	100.0%	35

Table 1: - Penalty notices issued for the first quarter 2023/2024

Penalties (30) related to Compliance issues

The following details are provided in relation to the 30 compliance penalty notices issued during the period:

(a) Greenwell Point ($3000): Two (2) penalty notices issued to a contractor for the demolition of an existing seawall and commencement of works for a new seawall including bulk earthworks.

(b) Greenwell Point ($1500): One (1) penalty notice issued to the owner of the premises for the demolition of an existing seawall and commencement of works for a new seawall including bulk earthworks.

(c) St Georges Basin ($5600): Four (4) penalty notices issued to the owner of a premises for unauthorised alterations and additions including unlicensed plumbing works.

(d) Mollymook Beach ($6000): Four (4) penalty notices issued to the owners of a premises for the conversion of a shed to a detached studio.

(e) Mollymook Beach ($2200): Three (3) penalty notices issued to a licensed plumber for breaches of the Plumbing and Drainage Act relating to a conversion of a shed to a detached studio.

(f) Ulladulla ($1100): Two (2) penalty notices issued to a licensed plumber for breaches of the Plumbing and Drainage Act relating to a conversion of a garage to a detached studio.

(g) Buangla ($6000): One (1) penalty notice issued to an event promoter for development not in accordance with a development consent.

(h) Lake Tabourie ($3000): One (1) penalty notice issued to a licensed contractor for the construction of a retaining wall without development consent.

(i) Culburra Beach ($13,500): Six (6) penalty notices were issued to the owner of a premises for development activities including the commercial use of a garage for a skin penetration premises, alterations and addition to the dwelling, installation of a prefabricated studio, construction of a timber deck on bushfire prone land and construction of a retaining wall over Council sewer asset.

(j) Worrigee ($1500): One (1) penalty notice issued to the owner of a premises for the construction of a garage without development consent.

(k) Cambewarra ($6000): Two (2) penalty notices issued to a licensed builder for the construction of a swimming pool and timber deck on bushfire prone land.

(l) Falls Creek ($3000): Two (2) penalty notices issued to the owner of a premises for the construction of a carport, pergola and partial conversion of a shed to a tourist cabin.

(m) South Nowra ($6000): One (1) penalty notice issued to a commercial property owner for the use of a building for a public assembly building without consent.

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Figure 1: - Compliance penalties issued for the period by suburb.

Penalties (9) relating to Compliance – Swimming Pools

The following is provided in relation to the 9 Compliance – Swimming Pools penalty notices issued this quarter:

(a) Culburra Beach ($550): One (1) penalty notice issued to the owner of a property for failing to maintain a safe and effective pool barrier.

(b) South Nowra ($550): One (1) penalty notice issued to the owner of a property for failing to comply with a written Direction from Council to rectify a pool barrier.

(c) South Nowra ($1100): Two (2) penalty notices issued to the owner of a property for failing to maintain a safe and effective pool barrier.

(d) Shoalhaven Heads ($550): One (1) penalty notice issued to the owner of a property for failing to comply with a written Direction from Council to rectify a pool barrier.

(e) Milton ($770): Two (2) penalty notices issued to the owner of a property for failing to comply with a written Direction from Council to rectify a pool barrier and failing to enter pool details on the NSW Swimming Pool register.

(f) Cockwhy ($1100): Two (2) penalty notices issued to the owner of a property for failing to maintain a safe and effective pool barrier.

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Figure 2: - Compliance Swimming Pools penalties issued by suburb.

Warnings relating to Compliance and Compliance Swimming Pools

A total of eighteen (18) warning notices were issued for compliance matters in the period and these have no dollar value. The Compliance Unit could have issued a further $29,500 in penalties for the period. The caution rate is approximately 33.5% of the potential total.

There were no warning notices issued for swimming pool offences.

Compliance customer requests received this quarter

The Compliance Unit received 121 Customer Requests in the quarter, and these are represented in Table 2 below.

Type of customer requests received	Number Received	Percentage of total (%)
Development Concern	94	78
Stormwater	6	5
Swimming Pool Inspection	21	17
TOTALS	121	100%

Table 2: - Customer requests by type received

The following additional comments are made:

(a) Development concerns: This represents the highest percentage of customer requests and includes development without consent, development not in accordance with consent and land safety issues such as landslides and fire damaged dwellings.

The requests received were from all areas of the Shoalhaven with the southern area representing the highest total with 38 or 31.4% of the total requests received.

(b) Stormwater: The number of stormwater concerns has significantly reduced due to the recent dry weather. Compliance is continuing to work through a backlog of stormwater complaints.

(c) Swimming pool compliance: This includes concerns raised by members of the public, referrals from private certifiers and Council’s pro-active inspection obligations. Council’s Compliance Unit continue to enforce swimming pool legislation in accordance with the Council resolution (MIN22.946) to take a zero-tolerance approach to swimming pool breaches and have attended a high volume of unauthorised pools during the quarter.

Compliance has been liaising with Council’s media team regarding promotion of swimming pool safety. This includes social media advertising of our pool safety video and print material for display in Council facilities.

Council have also begun designing a swimming pool information flyer that can be distributed with Councils Rates notices. This flyer is going to target portable pools commonly sold by department and hardware stores which have been a significant issue for compliance over the past 12 months.

Compliance have also been streamlining processes internally with the intent to reduce office-based time and increase the number of pools being inspected each quarter. For the July – September quarter, Council conducted 101 separate inspections. This included 81 inspections following an application to Council for a Certificate of Compliance whilst the remaining 20 inspections were under Council’s Mandatory Inspection Policy.

Court Elected Penalties

(a) Raymond John Eberle pleaded guilty in Nowra Local Court on 27 September 2023 for development without development consent for construction of a timber deck on bushfire prone land in Tomerong. The court upheld the fine of $1500.

Penalties relating to Environmental Health

The following details are provided in relation to the eighteen (18) Environmental Health penalty notices issued during the period:

a) Berry ($8,000): One penalty notice was issued to a building company for failing to comply with a Clean-Up directive. A warning notice was also issued to the company for a pollute waters incident which would have equated to $8000 if issued as penalty notice.

b) Bomaderry ($2,000): Two penalty notices were issued to a building developer for not minimising air pollution, and burn prescribed article in open. Prescribed article was building waste.

c) Berry ($8,000): One penalty notice was issued to a building company for a pollute waters incident where concrete slurry entered the stormwater system and a creek.

d) South Nowra ($6,000): One penalty notice was issued to a building company for development not in accordance with development consent.

e) Orient Point ($14,000): Two penalty notices were issued to a building company for development not in accordance with consent and pollute waters.

f) Culburra Beach ($7850): Three penalty notices were issued to an owner builder for pollute waters, development not in accordance with development consent and failure to pay fee.

g) Vincentia ($3000): One penalty notice was issued to an owner builder for development not in accordance with development consent.

h) Sussex Inlet ($0): Two warning notices were issued to a building company for development not in accordance with development consent and pollute waters. Which would have equated to $14000 if issued as penalty notices.

i) Nowra ($1760): Two penalty notices for were issued to a Food Business for Fail to comply with Food Standards Code for Cleanliness, and Fail to maintain easily accessible hand washing facilities with a supply of soap and single use towel.

j) Nowra ($25,000): Four penalty notices were issued to a building company for Pollute Waters, Fail to comply with Clean-Up directive, Failure to pay fee and development not in accordance with development consent. A warning notice was also issued to the company for provide false or misleading information when ought to know which would have equated to $3000 if issued as a penalty notice.

k) Huskisson ($6,000): One penalty notice was issued to a building company for development not in accordance with development consent.

Court Elected Penalties

(a) One Pollution of waters penalty notice was court elected with the matter still before the court.

Environmental Health customer requests received this quarter

The Environmental Health Unit received 278 Customer Requests in the quarter. These are represented in Table 3 below.

Category of customer requests	Number Received	% of total requests
Air, Land & Water Pollution (inc. Sediment & Erosion)	155	56%
Contaminated Land	4	1.4%
Noise Pollution	15	5.5%
Public Health	97	34.6%
Short Term Rental Accommodation (STRA)	7	2.5%
TOTAL	278	100%

Table 3:- Environmental Health customer requests by type

(a) Air, Land and Water Pollution (inc. Sediment & Erosion): This category represents one of the highest percentages of customer requests received by Environmental Health and includes backyard burning, odour and smoke; pollution to waters and sediment and erosion pollution from building sites. Environmental Health Officers conducted over 83 building site inspections educating local building companies on the best practices for Erosion and Sediment controls (6 of these were complaints made by the public).

(b) Contaminated Land enquiries: Environmental Health administers the Potentially Contaminated Land (PCL) layer in GIS and provides advice and guidance to members of the public.

(c) Noise Pollution: Noise disturbances from prescribed articles such as air conditioners and pool pumps as well as musical instruments and roosters.

(d) Public Health enquiries: This category includes food premises, on-site septic systems, overgrown properties and hoarding and squalor.

(e) Short Term Rental Accommodation (STRA): While STRA’s are administered by NSW Fair Trading, Environmental Health will respond to complaints with letters outlining responsibility of owners and provide advice to customers.

Ranger Activities

Of the penalties issued by Ranger Services, there are trends for animal management and environmental offences. Ranger Services are working on media programs including responsible pet ownership, tree vandalism and illegal dumping to address the main risks.

Rangers attended 700 environmental and parking complaints (Figure 3).

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Figure 3: – Customer requests for environmental and parking issues

A total of 2,198 parking tickets were issued in the period with a value of $321,798. The breakdown of the tickets issued by town is provided in Figure 4.

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Figure 4: - Parking penalty notices issued by town

A total of 481 animal management complaints were received for the quarter (Figure 5).

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Figure 5: – Customer requests for animal management issues

(a) Illegal Dumping: - 350 incidents were reported to RID Online. Of this figure, 28 incidents remain open pending further investigation. Strategies to reduce and prevent illegal dumping includes collaboration with other public land managers and Local Aboriginal Land Councils in the Shoalhaven. Rangers conducted 21 deployments of covert surveillance cameras during the reporting period at illegal dumping “hot spots”.

Table 4 provides a breakdown of the waste types and the relevant weights.

Waste Types	Incidents	Weight in tonnes
Asbestos	5	1.15
Commercial & Industrial	19	1.44
Construction & Demolition	19	4.34
Electronic Waste	3	0.04
Household Waste	135	58.89
Mulch & Green Waste	40	15.01
Other	25	4.88
Scrap Metal	6	0.31
Soil and Excavated Material	3	141
Tyres	30	2.33
Vehicles & Car Parts	35	24.53
TOTAL	320	253.92

Table 4: - Waste types and weight for the period (from RID online)

The estimated cost to Council for the removal of the waste reported for the July – September quarter is $41,700. The Correctional Service NSW Community Projects Team continue to support the RID Program in the Shoalhaven by removing waste from land managed by other public land custodians.

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Figure 6: – Corrective Services undertaking removal of illegally dumped waste

(b) Dog attacks: Rangers received and attended 70 reports of dogs attacking during the period. Of these reports, 28 investigations have been completed with 32 penalty notices issued (i.e., 32 x $1,320 = $42,240). A further 42 matters remain under investigation.

Although the penalty is high, dog attacks remain a major risk. Whilst there is more awareness in the community, there may still be a number of unreported dog attacks. Rangers continue to apply Council’s resolution of 21 April 2020 for zero tolerance and issue penalty notices for all substantiated dog attacks.

There was a total of 59 dog related penalty notices issued for the period (not including registration offences). Figure 7 provides information on the penalty notices issued by town for the period.

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Figure 7:- Dog related penalty notices by town for the period

(c) Responsible dog ownership project: The production of five short videos about responsible dog ownership has continued this quarter and will be released soon as part of the project.

(d) Keeping cats safe at home project:

a. Planning for the next year has commenced with desexing continuing and a focus on keeping cats safe by being contained at home.

b. Number of cats desexed this quarter totals 11

c. Information from RSPCA has been posted on the Animal Shelter’s Facebook and Council’s Get Involved page.

(e) Companion Animals Register:

The numbers of companion animals per animal category is presented in Table 5.

Animal category	Total animals in Shoalhaven
Animal category	ID Only	Registered	Total
Cats	2,558	13,180	15,738
Dogs	10,153	49,005	59,158
Total	12,711	62,185	74,896

Table 5: - Companion animals in Shoalhaven LGA

Incoming Companion Animal forms from the public are processed at the Animal Shelter. Pet owners can manage their own data via NSW Pet Registry, but the option exists to utilise Council for this service. The number of forms entered onto the NSW Companion Animals Register by Shelter staff this quarter are listed in Table 6.

Function	Number
Change of owner	1,051
Change of address	58
Permanent identification	200
Lifetime Registration	501
Total	1,810

Table 6: - Companion animal forms processed by Council.

A total of 456 registrations totalling $30,152 were received via Council and 56 penalty notices were issued for non-compliance with the requirements for lifetime registration, microchipping and keeping details up to date on the Companion Animals Register.

When the Companion Animals Act 1998 (NSW) was introduced, there were only four registration categories. Numerous categories now exist with many identified in Table 7 below.

Registration Categories - 1 Jul to 30 Sep 2023	Number	Total $ Value
Cat - Desexed (sold by Pound/Shelter)	99	0
Desexed (sold by Pound/Shelter)	38	0
Working Dog	1	0
Jul 2022-Jun 2023 Dog - Desexed (by relevant age - Pensioner)	1	29
Jul 2022-Jun 2023 Dog - Desexed (by relevant age)	9	621
Jul 2022-Jun 2023 Dog - Not Desexed (Not Recmd - Pensioner)	1	29
Jul 2022-Jun 2023 Dog - Not Desexed (Not Recmd) with Late Fee	1	88
Jul 2022-Jun 2023 Dog - Not Desexed or Desexed (after relevant age)	4	936
Assistance Animal	2	0
Cat - Desexed (eligible pensioner)	14	448
Cat - Desexed (eligible pensioner) with Late Fee	3	159
Cat - Desexed or Not Desexed	14	910
Cat - Desexed or Not Desexed with Late Fee	2	172
Dog - Desexed (by relevant age - eligible pensioner)	57	1824
Dog - Desexed (by relevant age - eligible pensioner) with Late Fee	7	371
Dog - Desexed (by relevant age)	80	6000
Dog - Desexed (by relevant age) with Late Fee	28	2688
Dog - Not Desexed (not recommended - eligible pensioner)	8	256
Dog - Not Desexed (not recommended)	26	1950
Dog - Not Desexed (not recommended) with Late Fee	1	96
Dog - Not Desexed (recognised breeder)	7	525
Dog - Not Desexed or Desexed (after relevant age)	47	11844
Dog - Not Desexed or Desexed (after relevant age) with Late Fee	4	1092
Jul 2020-Jun 2021 Dog - Desexed (PoundShelter)	1	30
Jul 2021-Jun 2022 Dog - Desexed (by relevant age) with Late Fee	1	84
Grand Total	456	$30,152

Table 7: - Registration income by registration type (Companion Animals Register).

(f) Beach patrols: Rangers completed 946 beach patrols during this quarter. A number of dog owners were spoken to during this period with Rangers identifying 679 compliant dogs and 106 non-compliant dogs. Enforcement action and education is undertaken when offences are detected.

(g) Shorebirds: The shorebird season commenced in August. A weekly spreadsheet is sent by the NPWS Shorebird Coordinator to Ranger Services and Environmental Services to provide details about nesting and breeding so patrols can be undertaken.

(h) Vegetation vandalism: Rangers received 40 reports of vegetation vandalism and eleven are still under investigation. Rangers continue surveillance of these vandalised areas in accordance with Council’s Vegetation Vandalism Prevention Policy.

(i) Animal Shelter: The Shelter currently has over 23,144 followers on Facebook. This platform provides an effective means of advertising adoptions, lost dogs, and the promotion of responsible pet ownership.

i. Income: Overall income decreased this quarter to $29,672.51 from $49,452.30 last quarter. The decrease was predominately in adoption income which decreased by $19,779.

ii. Animal desexing vouchers: The Shelter collaborated with external organisations, obtaining continued support for the animal desexing program. This resulted in a total of 168 desexing vouchers being provided.

iii. Contributions to the shelter: The Shelter received $0.00 in contributions from the public and businesses in the last quarter.

The Shelter would like to acknowledge the generosity of the public and these businesses. The Shelter are using these donations to create friendly and bright spaces in the exercise yards.

Data for incoming and outgoing animals is shown below in Table 8.

Cats	Number	Dogs	Number
Cats incoming M/C	19	Dogs incoming M/C	71
Cats incoming not M/C	33	Dogs incoming not M/C	29
TOTAL	52	TOTAL	100
Cats incoming - Ranger	3	Dogs incoming - Ranger	36
Cats incoming - Public	48	Dogs incoming - Public	63
Cats Surrendered	15	Dogs Surrendered	10
Emergency Boarding	0	Emergency Boarding	0
TOTAL	66	TOTAL	109
Cats Reclaimed by Owner	12	Dogs Reclaimed by Owner	44
Cats Adopted	67	Dogs Adopted	49
Cats Euth'd Feral	10	Dogs Euth'd aggressive	2
Cats Euth'd medical	1	Dogs Euth'd medical	1
Transferred to rescue	3	Transferred to rescue	3
TOTAL	93	TOTAL	99
Cats returned home by Ranger	0	Dogs returned home by Ranger	92

Table 8: - Data on incoming and outgoing dogs and cats.

Ordinary Meeting – Monday 27 November 2023

Page 0

CL23.430 Variations to Development Standards - October 2023

HPERM Ref: D23/416877

Department: Development Services

Approver: James Ruprai, Director - City Development

Attachments: 1. Planning Circular: Variations to development standards May 2020 ⇩

Reason for Report

This report has been a regular report to Council. The information contained in the report has been typically reported to the full elected Council and to the Department on a quarterly basis. All reports to the Department (in excel spreadsheet format) have been submitted through the NSW Planning Portal.

The elected 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 has also been required to publish the variations in addition to reporting the variations to the full Council and the Department of Planning and Environment.

This report details the variations to development standards for the period up until the end of October. The reporting period was amended to coincide with changes to clause 4.6 and the reporting regime, to commence on 1 November.

Accordingly, this report also details:

1. the changes to clause 4.6 and

2. new reporting requirements having commenced on 1 November 2023.

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

Recommendation

That Council receive the Variations to Development Standards – October 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 has required 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 (excel spreadsheet) submitted through the Portal to the Department.

· 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 Quarter (ending October due to forthcoming changes).

Table – Variations October 2023

Lot

Street Name

Suburb

Post Code

Description

Standard Varied

Extent of Variation

Decision

Date

DA22/2233

735902

Dowling

Falls Creek

2540

Residential

Single dwelling

Lot size

9.7%

Assumed concurrence. Delegation.

23/08/2023

In summary:

The proposal was for a dwelling, with pool and shed on a lot that was assessed based on 36.12ha. The Deposited Plan indicated an area of 36.68ha. The minimum lot size required, is 40ha. This represents a departure of 9.7% for 36.12ha (and 8.3% based on the Deposited Plan).

The site benefited from a previous approval for an “in principle approval for a dwelling” via DA07/2176).

The applicant sought a variation to the lot size having regard to clause 4.2D of the Shoalhaven Local Environmental Plan 2014.

The variation was accepted on the basis that it did not compromise the objectives of the RU2 Rural Landscape Zone with the site being assessed as suitable for development.

Amendments to Clause 4.6

Changes relating to clause 4.6 of the Standard Instrument LEP were notified Friday 15 September. Changes are set out in the following documents:

· Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023 (which amends clause 4.6, including in SLEP (Citywide and Jerberra) 2014)

· Environmental Planning and Assessment Amendment (Exceptions to Development Standards) Regulation 2023 (which includes a requirement for Councils to enter the reasons for approving or refusing a variation in the NSW Planning Portal)

· State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 (which includes amendments to SLEP 1985 and various SEPPs).

Clause 4.6 in the Standard Instrument LEP and equivalent provisions in non-standard LEPs and SEPPs have been amended to:

· retain the existing ‘unreasonable and unnecessary’ and ‘sufficient environmental planning grounds’ tests, but requiring consent authorities to consider the same matters as applicants are required to address in their written request.

· Simplify the drafting, notably removing specific references to considering the public interest in the clause, noting that consideration of the public interest is already an obligation of consent authority under section 4.15 of the Environmental Planning and Assessment Act 1979.

· Remove the requirement to obtain the Planning Secretary’s concurrence for a variation.

· Include a new reporting framework will replace the concurrence obligations to ensure transparency and accountability in decision making.

Details of all variation requests will be available on the NSW Planning Portal, providing “increased transparency for the community” and monitoring by the Department. This will be supported by a new regulation that requires Councils to enter the reasons for both approving or refusing a variation in the NSW Planning Portal.

The Department will be publishing updated guidelines to give Councils and applicants more clarity on applying for and assessing variations as well as Councils’ reporting obligations.

What will the changes apply to?

These changes will only apply to development applications lodged after commencement of the new clause.

Find out more about the reforms by reading the frequently asked questions (PDF, 117 KB).

Do Council staff still need to report development applications with larger variations to the elected council for determination?

Yes. Where there is no Local Planning Panel (Shoalhaven City Council), Council staff will continue to report Das with proposed variations over 10% to the elected Council for determination. This is intended to provide for additional oversight and transparency when varying development standards.

For example, the recent report on the proposed subdivision of an existing dual occupancy at Greenwell Point, in the business paper of 6 November 2023, Reference, SF11001.

Do Council staff still need to report variations determined to the elected Council on a quarterly basis?

No. The Department has advised that it will repeal Planning Circular PS 20-002 (appended to this report) before 1 November 2023 so it will no longer be required to report to the elected Council.

How will the ‘NEW’ variations register work?

The variation register will be a publicly accessible page on the NSW Planning Portal that displays all variations requests across NSW.

It will display the most up-to-date information from the NSW Planning Portal. Users will be able to see all variation requests under assessment and/or determined from November 2023 across the State and for each Council. Further information will be provided on the register once the register goes live on the NSW Planning Portal in November.

Conclusion

· The variations and applications approved during the period July - October 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.

· Council will continue to receive reports on variations exceeding 10%.

· Council’s register will be retained and include the October 23 report. A statement will be made on our website directing readers to the NSW Planning Portal for clause 4.6 variations after this date.

Ordinary Meeting – Monday 27 November 2023

Page 0

CL23.432 Pump Track Investigations: update on proposed locations and community consultation

HPERM Ref: D23/426518

Department: Recreation Projects - Planning & Delivery

Approver: Jane Lewis, Director - City Lifestyles

Reason for Report

The purpose of this report is to:

1. Provide Council with an update on the outcome of investigations undertaken to date in relation to preferred sites for pump tracks in Bomaderry, Sanctuary Point and Sussex Inlet, together with information about budgets and proposed community engagement activities, in accordance with MIN22.371, and;

2. Request an additional study area (Worrigee / East Nowra) be included in the scope of investigations being undertaken in accordance with MIN22.371.

Recommendation

That Council:

1. Accept the Pump Track Investigations: update on proposed locations and community consultation report as an update about the outcomes of investigations in relation to preferred sites for pump tracks in Bomaderry, Sanctuary Point and Sussex Inlet.

2. Provide in-principle endorsement for the following sites as preferred locations for a pump track in:

a. Bomaderry: Edwards Avenue Reserve;

b. Sanctuary Point: Sanctuary Point Road Reserve;

c. Sussex Inlet: Thomson Street Sporting Complex.

3. Provide in-principle endorsement for the following site as the preferred location for a pump track in:

a. Worrigee: Sullivan Street Park.

4. Direct the CEO (Director - City Lifestyles) to undertake engagement activities outlined in the Community Consultation chapter of this report.

5. Direct the CEO (Director – City Lifestyles) to provide a future report to Council outlining the results of engagement activities and further recommendations in relation to the provision of pump tracks and associated infrastructure at the locations identified in this report.

6. Direct the CEO (Director – City Lifestyles) to include the locations listed in parts 2 and 3 of this resolution in the scope for community needs analyses to be undertaken as part of the review of Shoalhaven City Council’s Community Infrastructure Strategic Plan.

Options

1. Accept the recommendations as proposed.

Implications: Council staff will proceed to engage in community consultation, to measure the level of support for provision of a pump track at each location identified in Bomaderry, Sanctuary Point, Sussex Inlet and Worrigee. A future report will be provided to an Ordinary Council Meeting outlining the results of engagement activities and with further recommendations.

2. Adopt an alternative recommendation, removing Part 4 and Part 5 of the proposed recommendation.

Implications: City Lifestyles staff would pause any further work in relation to the provision of pump track infrastructure at the sites listed in parts 2 and 3 of the resolution, including community consultation activities, until after the outcome of community needs analyses is known.

Community needs will be analysed and documented as part of the scope of work for the pending review of Shoalhaven City Council’s Community Infrastructure Strategic Plan (CISP). Further community engagement would then be undertaken giving consideration to the findings of community needs analyses in the CISP.

3. Adopt an alternative recommendation, removing Part 3 of the proposed recommendation, to focus solely on solutions in relation to MIN22.371 and omit further work in relation to the request for a pump track in Worrigee / South Nowra.

Implications: Council staff would proceed with work described at Option 1 (above) under Part 2 of the proposed recommendation only.

Background

A report was provided to Council at the Ordinary Council Meeting held on 6 June 2022, titled Pump Track Investigations – Potential Sites / Way Forward – Sussex Inlet / Bomaderry / Sanctuary Point – Community Consultation (ref. CL22.254).

The purpose of this report was:

To update Council on outcomes of preliminary investigations and to determine a way forward for proposed pump tracks at:

• Sussex Inlet (MIN21.536)

• Bomaderry (MIN21.580)

• Sanctuary Point (MIN21.805)

The Pump Track Investigations – Potential Sites / Way Forward – Sussex Inlet / Bomaderry / Sanctuary Point – Community Consultation report (CL22.254) builds on a series of decisions taken by the Council in 2021, through Notices of Motion. Further information about decisions taken by Council in relation to Sussex Inlet, Bomaderry, and Sanctuary Point is presented below.

In addition to the abovementioned decisions taken by the Council in relation to pump track requests, the City Lifestyles team received a customer request, dated July 2023, about the establishment of a pump track and skatepark within the South Nowra and Worrigee area. This request is underpinned by the population increase, including growth of the number of families in these areas.

The inclusion of an established and maintained pump track within this region of Nowra is expected to increase quality of life outcomes for users within the walkable catchment (generally considered to be 400m to 800m), whilst serving as a powerful tool in addressing youth antisocial behaviour. The provision of a pump track is expected to foster benefits, including the promotion of physical wellbeing, engagement and resilience of youth, development of community bonds and the development of motor skills.

In light of this request, the Open Space and Recreation Planning (OSRP) team has completed preliminary investigations for Council’s consideration, in light of the direct relevance of this request has to the matters discussed in this report. It is therefore recommended that this request be formally included in this suite of investigations and future decision-making processes concerning pump tracks.

Figure Five provides a summary of the investigation for feasible sites in South Nowra, East Nowra and Worrigee.

Sussex Inlet

At Council’s Strategy and Assets Committee Meeting in July 2021, a Notice of Motion was reported to Council, where MIN21.536 was adopted:

That Council:

1. In consultation with the community, take action to identify a suitable location for a pump track at Sussex Inlet.

2. Apply for grant funding to fund the project.

3. Include the project in a future Operational Plan.

Bomaderry

At Council’s Ordinary Meeting in August 2021 MIN21.580 was adopted:

That Council:

1. Work with Bomaderry Inc, Bomaderry CCB, Pride of Bomaderry, sporting clubs and other interested parties to identify the most suitable location in the Bomaderry area for the establishment of a pump track.

2. Add the Bomaderry Pump Track to its list of unfunded projects and look for future funding opportunities to progress the project.

Sanctuary Point

At Council’s Ordinary Meeting in November 2021 MIN21.805 was adopted:

That Council produce a scoping study and estimate of costs to design and construct, in collaboration with the community, a BMX Pump Track on Community Land at a location to be determined through community consultation (such as Clifton Park Sanctuary Point adjacent to the existing learn-to-ride bicycle track). On completion of this phase, sources of funding would need to be identified.

The Pump Track Investigations – Potential Sites / Way Forward – Sussex Inlet / Bomaderry / Sanctuary Point – Community Consultation report (CL22.254) provides information in relation to:

· BMX circuits and pump tracks

· Existing BMX circuits and pump tracks

· Eligibility and site criteria for BMX circuits and pump tracks (under POL16/109)

· The identification of two sites in Sussex Inlet for further investigation

· The identification of one site in Bomaderry for further investigation

· The identification of three sites in Sanctuary Point for further investigation

· Connectivity to other active transport infrastructure

· Community engagement

· Cycling groups

· Next steps

· Policy implications (POL16/213, POL16/109)

· Community Infrastructure Strategic Plan (CISP)

· Financial implications, and

· Risk

Conclusions in relation to investigations undertaken by Council staff leading up to June 2022 are reflected in MIN22.371, which reads:

That Council:

1. Receive this report as an update on:

a. Site criteria for provision of pump tracks in Shoalhaven

b. Locations and condition of existing BMX circuits and pump tracks in Shoalhaven

2. Recognise that proposed pump tracks and associated infrastructure such as toilets, BBQs and pathways at Sussex Inlet, Bomaderry and Sanctuary Point are currently unfunded projects.

3. Endorse the following Council owned / managed reserves as shortlisted sites for future investigation for the proposed Sussex Inlet pump track:

a. Thomson Street Sporting Complex

b. Crown Reserve R69668

4. Investigate Edwards Avenue (John Berry) Reserve and the SCaRP, Bomaderry as potential suitable sites for the proposed Bomaderry pump track

5. Endorse the following Community Land as shortlisted sites for future investigation for the proposed pump track at Sanctuary Point:

a. Sanctuary Point Public Reserve

b. Sanctuary Point Road Reserve

c. Yellow Bellied Glider Reserve

6. Further investigate potential for the shortlisted sites through community consultation at such a time at which the pump track projects can be allocated into the Community Planning and Projects Work Plan to:

a. Determine community support

b. Determine desired location

c. Determine potential funding options for the proposed pump tracks

7. Receive further reports on consultation outcomes, preferred sites, budget required and potential funding sources to plan and deliver the proposed pump tracks at Sussex Inlet, Bomaderry and Sanctuary Point.

Shoalhaven Local Environment Plan 2014

For the purposes of this report, the proposed use and development has been defined under the Shoalhaven Local Environmental Plan 2014 (SLEP 2014) as a ‘Recreation Facility (Outdoor)’, which states:

recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).

Recent Investigations

In accordance with MIN22.371, the Open Space & Recreation Planning team has undertaken further investigations to identify preferred sites for the provision of pump tracks and associated infrastructure in Bomaderry, Sanctuary Point, and Sussex Inlet giving consideration to the following criteria:

· Council owned / managed reserve

· Consistent with the Plan of Management for the reserve

· Relatively flat terrain

· Minimum dimension of 60m x 32m

· Circuit does not encroach on more than 1/3 of the reserve area

· Visual prominence for natural surveillance

· Suitable active transport access to the reserve (including by bicycle)

· Where possible to be co-located with other recreation facilities and amenities

Of the seven sites listed in MIN22.371, there were three sites (one in each locality) that were considered large enough for the proposed use and that carry the necessary land classification and categorisation (ref. Figure One).

A site visit was undertaken to each of the seven sites identified in Figure One, to complete a landscape and use analysis. These investigations resulted in the identification of three sites that are considered feasible for the proposed use in relation to statutory planning considerations, environmental impacts, neighbourhood amenity and walkable catchment (ref. Figure 1).

SITE	Feasible: YES	Feasible: NO
Edwards Avenue (John Berry Reserve) – Bomaderry	X
SCaRP North – Bomaderry		X
Sanctuary Point Public Reserve – Sanctuary Point		X
Sanctuary Point Road Reserve – Sanctuary Point	X
Yellow Bellied Glider Reserve – Sanctuary Point		X
Thomson Street Sporting Complex – Sussex Inlet	X
Crown Reserve R69668 – Sussex Inlet		X

Figure 1: Outcome of Feasibility Investigations for Proposed Sites in Bomaderry, Sanctuary Point and Sussex Inlet

Further information about Edwards Avenue (John Berry Reserve), Sanctuary Point Road Reserve, and Thomson Street Sporting Complex is provided below.

Bomaderry - John Berry Reserve

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Figure 2: Indicative location of Pump Track at John Berry Reserve.

Reserve Name	John Berry Reserve
Legal Description	Lot 51 DP 243014
Address	Edwards Avenue, Bomaderry
Tenure	Shoalhaven City Council
Category	Community Land – Park
Size	1.095ha
Access	Pedestrian and vehicular access available from Edwards Avenue and Samuel Street.
Constraints	Parking - There is currently no onsite parking. Amenities – there is a recently upgraded play space; however, there is no additional social infrastructure such as an amenities block, BBQ and pathways. Utilities – There is a stormwater pipe, sewer manhole, and gravity main on the site. However, a pump track could be positioned to avoid these locations.
Permissibility	The land classification is Community Land with the purpose of a Public Reserve and Category being Park under the Local Government Act 1993. Zone – RE1: Public Recreation. As such, a Recreation Facility (outdoor) is permitted with consent (requiring a Development Application).
Opportunities	There is sufficient space to accommodate a 60m x 32m pump track and associated infrastructure, including parking on this site. It is unlikely that any trees will need to be removed. Whilst there is currently minimal social infrastructure on the site, there is ample space available for future development to include formal parking, amenities, BBQ’s and pathways.
Finding	The site is not flood prone, bushfire prone or registered with biodiversity value. It is therefore considered this is the most appropriate site for the development in Bomaderry.

Sanctuary Point - Sanctuary Point Road Reserve

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Figure 3: Indicative location of Pump Track at Sanctuary Point Road Reserve.

Reserve Name.	Sanctuary Point Road Reserve
Legal Description	Lot 2228 DP 216524
Address	13 Sanctuary Point Road, Sanctuary Point
Tenure	Shoalhaven City Council
Category	Community Land - Park
Size	1.437ha
Access	Pedestrian and vehicular access available from Sanctuary Point Road. Pedestrian access available from Avro Avenue and Auster Crescent.
Constraints	Parking - There currently is no onsite parking. Amenities – there is no social infrastructure on the site such as a BBQ, pathways, play space, skatepark or amenities block on the site. However, there is ample space to locate some of these amenities onsite. Environment – there are some mature trees on the site which would increase landscape amenity to the pump track. It is not expected that any trees would be required to be removed as a result of this development. Utilities – There is existing stormwater infrastructure onsite including a headwall and a surface drain to the south and east of the site. These utilities can be avoided with consideration to design.
Permissibility	The land classification is Community Land with the purpose of a Public Reserve and category being Park under the Local Government Act 1993. Zone – RE1: Public Recreation. As such, a Recreation Facility (outdoor) is permitted with consent (requiring a Development Application).
Opportunities	There is sufficient space to accommodate a 60m x 32m pump track and associated infrastructure, including parking on this site. It is unlikely that any trees will need to be removed. Whilst there is currently minimal social infrastructure on the site, there is ample space available for future development to include formal parking, bathrooms, BBQ’s and pathways.
Finding	The site is not bushfire prone, nor is it mapped as having biodiversity value. There is a portion of the site which is flood prone; however, it is not expected that a pump track would increase implications associated with flood risk. There are ample opportunities to formalise and increase parking on the site. It is considered that Sanctuary Point Road Reserve is the most appropriate site for the development in Sanctuary Point.

Sussex Inlet - Thomson Street Sporting Complex

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Figure 4: Indicative location of Pump Track at Thomson Street Sporting Complex.

Reserve Name	Thomson Street Sporting Complex
Legal Description	Lot 1 DP 870957
Address	Thomson Street, Sussex Inlet
Tenure	Shoalhaven City Council
Category	Community Land - Sportsground
Size	3.746ha
Access	Pedestrian and vehicular access available from Avocet Street, Thomson Street, as well as Thomson Street Sporting Complex Access Road.
Constraints	Masterplan - There is an endorsed masterplan on the site which does not propose a pump track. There is no proposed use of this portion of the site in the masterplan. Therefore, the masterplan would be required to be modified and endorsed at a Council Meeting to accommodate a pump track at this location.
Permissibility	The land classification is Community Land with the purpose of a Public Reserve and category being Sportsground under the Local Government Act 1993. Zone – RE1: Public Recreation. As such, a Recreation Facility (outdoor) is permitted with consent (requiring a Development Application).
Opportunities	There is existing social infrastructure such as toilets, BBQs, pathways, learn to ride and a skatepark. No additional infrastructure would be required, and it would be located in the vicinity as other bike associated infrastructure. There is informal parking located on Avocet Street which is frequently used by users of the sporting complex as well as formal parking within the Sporting Complex.
Finding	The site has all the necessary infrastructure available to support a pump track at this location. It is considered that this portion of Thomson Street Sporting Complex is the most appropriate site for the development in Sussex Inlet.

East Nowra / Worrigee

In addition to work completed in accordance with MIN22.371, the Open Space & Recreation Planning team has also undertaken preliminary investigations to identify suitable sites for a pump track in East Nowra / Worrigee. This work has been undertaken in response to a customer request, and in association MIN22.371, for Council’s consideration.

235 sites were investigated in the South Nowra, East Nowra and Worrigee area. Of these, there were five sites which were large enough for the proposed use and that carry the necessary land classification and categorisation. Each of these five sites were investigated further (ref. Figure Five).

A site visit was undertaken to each of the five sites identified in Figure Five, to complete a landscape and use analysis. The outcome of these investigations resulted in three of these sites being considered feasible for the proposed use, due to statutory planning considerations, environmental impacts, neighbourhood amenity and walkable catchment. These sites are identified in the YES column in Figure 5.

SITE	Feasible: YES	Feasible: NO
Endeavour Park – East Nowra	X
Ratcliff Park – East Nowra		X
Rayleigh Gardens Reserve – Worrigee	X
Sullivan Street Park – Worrigee	X
Twin Waters Reserve – South Nowra		X

Figure 5: Feasible Sites in South Nowra, East Nowra and Worrigee

Further information about Endeavour Park, Rayleigh Gardens Reserve and Sullivan Street Park is provided below.

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Figure 6: Map of Feasible Sites in South Nowra, East Nowra and Worrigee.

East Nowra - Endeavour Park

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Figure 7: Indicative location of Pump Track at Endeavour Park.

Reserve Name	Endeavour Park
Legal Description	Lot 37 DP234856
Address	Quadrant Street, East Nowra
Tenure	Shoalhaven City Council
Category	Community Land – Sportsground
Size	1.853ha
Access	Pedestrian and vehicular access available from Quadrant Street, Parramatta Street, Hobart Street, and Queenborough Street.
Constraints	Parking - There is currently no onsite parking. Amenities – There is some social infrastructure on the site such as an outdated play space, learn to ride, half-court basketball, pathway and an outdated and amenities block. Upgrading some of these facilities may result in an increased use of the site. Environment – there are some mature trees on the site which would increase landscape amenity to the pump track. It is not expected that any trees would be required to be removed as a result of this development. There is a slope increase east to west of the site of approximately 9m.
Permissibility	The land classification is Community Land with the purpose of a Public Reserve and Category being Sportsground under the Local Government Act 1993. Zone – RE1: Public Recreation. As such, a Recreation Facility (outdoor) is permitted with consent (requiring a Development Application).
Opportunities	There is social infrastructure on the site such as a learn to ride, half-court basketball, shade covered play space, pathways throughout the site and a bathroom.
Finding	Development of pump track infrastructure at this site could be considered.

Worrigee - Rayleigh Gardens Reserve

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Figure 8: Indicative location of Pump Track at Rayleigh Gardens Reserve.

Reserve Name	Rayleigh Gardens Reserve
Legal Description	Lot 68 DP 792339
Address	Greenwell Point Road, Worrigee
Tenure	Shoalhaven City Council
Category	Community Land – Park
Size	1.942ha
Access	Pedestrian and vehicular access from Rayleigh Drive, Peppermint Drive and Robina Way. Pedestrian access from established footpath along Greenwell Point Road.
Constraints	Parking – There is currently no formal onsite parking. There is ample space available for the provision of on and off-street parking at this location. Amenities – There is minimal social infrastructure onsite. There is a tennis court which is well used. There is ample space to locate additional amenities on the site such as a play space, paths, BBQs and picnic tables, which would increase usability of the site. Environment – there are some mature trees onsite which would not be impacted by the proposed development. The site has been designed to assist with stormwater disposal throughout period of intense storms, as a result cut and fill should be carefully considered at this location. Walkable Catchment – Whilst the walkable catchment (dwellings within in 400m on the site) is less efficient than alternative locations (such as Sullivan Street Park), there is great visibility of this site due to the proximity to Greenwell Point, which services local seaside towns. Utilities – There is existing stormwater, water and sewer utilities onsite. These utilities can be avoided with consideration to design.
Permissibility	The land classification is Community Land with the purpose of a Public Reserve and category being Park under the Local Government Act 1993. Zone – RE1: Public Recreation. As such, a Recreation Facility (outdoor) is permitted with consent (requiring a Development Application).
Opportunities	Whilst there is currently minimal social infrastructure onsite, there is ample space available for future development to include formal parking, bathrooms, BBQ’s and additional pathways.
Finding	This site has ample space for a pump track, and great visibility and accessibility. However, the smaller walkable catchment may be an impact utilisation.

Worrigee – Sullivan Street Park

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Figure 9: Indicative location of Pump Track at Sullivan Street Park.

Reserve Name	Sullivan Street Park
Legal Description	Lot 379 DP 1077197
Address	Sullivan Street, Worrigee
Tenure	Shoalhaven City Council
Category	Community Land – Park
Size	1.576ha
Access	Sullivan Street, Worrigee
Constraints	Parking – There currently is no formal onsite parking at this location, however, the road reserves may allow for 90-degree parking as well as parallel parking. Amenities – There is some local infrastructure at this site, including a play space and picnic shelters. There is ample space onsite to include additional amenities such as an amenities building, BBQ’s, additional picnic shelters and upgraded play facilities in the future. Environment – There are mature trees onsite which are not expected to be impacted as a result of this development. There is acceptable natural surveillance, with three access roads as well as dwellings overlooking the site. Utilities – There is a retention basin which is fenced off, as well as a sewer pump station and semi-formal vehicular access track. Walkable Catchment – This site has the most efficient walkable catchment (number of dwellings within 400m of the site).
Permissibility	The land classification is Community Land with the purpose of a Public Reserve and category being Park under the Local Government Act 1993. Zone – RE1: Public Recreation. As such, a Recreation Facility (outdoor) is permitted with consent (requiring a Development Application).
Opportunities	There is sufficient space onsite to accommodate a pump track and any future associated social infrastructure, including onsite parking. It is unlikely that any trees will be removed as the pump track can be designed according to site constraints. Whilst there is minimal social infrastructure onsite, there is ample space available for future development to including formal parking, amenities building, BBQ’s and pathways.
Finding	This site is not bushfire prone, flood prone nor is it mapped as having biodiversity value. It is considered that Sullivan Street Park is the most appropriate site for the development in the Worrigee / South Nowra / East Nowra region.

Internal Consultations

Consultation conducted as part of the preparation of this report has included: Asset Custodians, engineering teams, and the Property Services team.

It is foreshadowed that any further internal consultation undertaken in relation to this matter will include:

· City Services – Building Services

· Media & Communication (Marketing and Community Engagement)

· District Engineers (Northern and Basin Districts)

· City Lifestyles – Swim Sport Fitness

External Consultations

The following are considered key stakeholders in relation to the provision of pump track infrastructure at the locations identified in this report:

· Residents directly impacted by each development (overlooking or adjoining the sites)

· Residents within 400m of each site

· Ward 1 Councillors; Bomaderry, East Nowra

· Ward 2 Councillors – Sanctuary Point, Worrigee

· Ward 3 Councillors – Sussex Inlet

· Community Consultative Bodies (CCBs), and

· User Groups of each site

Community Consultations

In accordance with Council’s Community Engagement Policy and draft Community Engagement Strategy, the proposed engagement model to facilitate provision of feedback by key stakeholders to Council is: consult. Two community engagement activities have been designed to capture feedback from all external key stakeholders. These are referred to as Engagement Activity One and Engagement Activity Two. Further details about proposed engagement activities are provided below.

Engagement Activity One (EA1):

EA1 will focus on engagement with key stakeholders, prior to undertaking community engagement with residents within a 400m radius of each of the sites. It is expected that EA1 will take 3 weeks to complete. It will involve a letterbox drop to the below stakeholders with a QR Code asking 2 questions to measure support for the proposed use and development at the preferred location for each locality (Edwards Avenue Bomaderry, Sanctuary Point Road Reserve, Thomson Street Sporting Complex Sussex Inlet, and Sullivan Street Park Worrigee). The questions will include one closed question and one open question:

1. Closed Question:

Do you support the provision of a pump track at [INSERT PARK NAME]. Please select one of the below:

o YES

o NO

2. Open Question:

If no, please tell us why.

o Responses limited to 500 characters or less.

The audience for EA1 will include:

· User groups of each of the sites;

· Residents who reside in dwellings that overlook each of the sites.

Engagement Activity Two (EA2):

It is expected that EA2 will take a further 3 weeks to complete. It will involve a letterbox drop to the below stakeholders with a QR Code asking 2 questions to understand the support for the development at each location. The questions will include one closed question and one open ended question, which are to be finalised upon completion of, and in response to results of, EA1.

The audience for EA2 will include:

· Residents who reside in dwellings within a 400m radius of each of the proposed locations across the Shoalhaven;

Overall, it is expected that community engagement activities will take approx. 6-8 weeks to complete. A report will be provided to Council at a future Ordinary Council Meeting outlining the results of engagement activities and further recommendations.

Policy Implications

Importantly, investigations undertaken by Council staff described in CL22.254 were done so in accordance with Shoalhaven City Council’s Provision of BMX Circuits Policy (POL16/109) and Provision of Local Skate Parks Policy (POL16/213).

It should be noted POL16/109 and POL16/213 were rescinded by Council, alongside the Park Management Policy (POL20/63), at the Ordinary Council Meeting held on 20 September 2022 (ref. MIN22.649). These policies are therefore no longer in effect in Shoalhaven.

Legislation: A Review of Environmental Factors will be required for any pump track infrastructure at the locations identified in this report, in accordance with the Environmental Planning and Assessment Act 1979 (EP&A Act 1979).

Financial Implications

Pump track projects at each of the locations identified in this report are currently not identified in Council’s Delivery Program Operation Plan (DPOP) 2023/24. Consequently, there is no funding allocated for design or construction of any pump track infrastructure at any site mentioned in this report.

Work undertaken by City Lifestyles staff in relation to MIN22.371 and the preparation of this report has been done so utilising operational funding (staff salaries).

The proposed engagement activities (EA1 and EA2, as described in the chapter titled Community Consultation) will be undertaken utilising existing City Lifestyles operational budgets.

The provision of any funding commitment by Council to progress the proposed pump tracks will be subject to a future report to Council at an Ordinary Council Meeting, or via incorporation into a future draft DPOP process (year to be determined).

Preliminary, high-level cost estimates for the proposed works are yet to be determined. It is anticipated that cost estimates to procure detailed designs will be between $9,000 to $25,000, with cost estimates for construction likely to be between approximately $300,000 and $500,000 for each location.

Risk Implications

Reputation: Failure to complete community engagement activities in accordance with Shoalhaven City Council’s Community Engagement Policy, and as described in this report, may lead to a loss of confidence in Council’s ability to deliver community infrastructure outcomes based on feedback provided by the community.

Finance and asset depreciation: Each of these projects are currently not identified in Council’s Delivery Program Operation Plan (DPOP) and subsequently has no funding allocated for design or construction. Sufficient funding will need to be identified, either through future capital works budgets and / or via external funding bodies, to fund design, delivery, asset maintenance, and depreciation.

Community Safety: Undertaking Crime Prevention Through Environmental Design (CPTED) assessment should be considered and undertaken in accordance with ISO 22341:2021 to address perceived community concerns related to safety and anti-social behaviours.

Ordinary Meeting – Monday 27 November 2023

Page 0

CL23.433 Boongaree: Update on Sequencing of Future Stages and Engagement Activities

HPERM Ref: D23/429633

Department: Recreation Projects - Planning & Delivery

Approver: Jane Lewis, Director - City Lifestyles

Reason for Report

The purpose of this report is to:

1. Provide an update to Council on the works completed to date at Boongaree.

2. Provide an update on sequencing for the delivery of future stages at Boongaree and proposed engagement activities.

Recommendation

That Council:

1. Acknowledge:

a. Sequencing for the delivery of future stages requires further consideration, as a result of revised costs estimates and site constraints.

b. It is necessary to agree priorities for the delivery of the following stages identified in the Boongaree Master Plan (adopted in 2018 and revised in 2021):

i. Stage 4b – Reconciliation garden.

ii. Stage 5 – Junior sports field.

iii. Stage 6 – Fenced dog off-leash exercise area.

iv. Stage 7 – Senior sports fields.

2. Direct the Chief Executive Officer (Director – City Lifestyles) to negotiate with the NSW Government’s Multi-Sport Community Facility Fund 2021-22 to agree on a revised list of deliverables for Stage 5 (junior sports field) and Stage 7 (senior sports fields) in line with updated budgetary and site constraints.

3. Direct the Chief Executive Officer (Director – City Lifestyles) to complete the following engagement activities in relation to the delivery of future stages at Boongaree:

a. Convene an onsite meeting with sporting groups (clubs) that utilise existing sportsgrounds and associated amenities, including the Touch Football Club, Cricket Club, Soccer Club and Rugby League Club to discuss options for the delivery of sports infrastructure and receive feedback in relation to sequencing of staging delivery.

b. Undertake culturally appropriate engagement with Aboriginal stakeholders, including local Aboriginal Land Councils, Elders and Aboriginal communities with a connection to lands and waters in and around Berry, in relation to concept designs prepared for Stage 4b (reconciliation garden).

4. Direct the Chief Executive Officer (Director – City Lifestyles) to provide a future report to Council outlining:

a. Engagement activities (consultation) undertaken with:

i. Sporting groups (clubs) that utilise existing sportsgrounds and associated amenities at Boongaree, including the Touch Football Club, Cricket Club, Soccer Club and Rugby League Clubs.

ii. Aboriginal stakeholders, including local Aboriginal land councils, Elders and Aboriginal communities with a connection to lands and waters in and around Berry, in relation to concept design prepared for Stage 4 (reconciliation garden).

b. A proposed revised sequencing plan for the delivery of Stage 4b (reconciliation garden), Stage 5 (junior sports field), Stage 6 (fenced dog off-leash exercise area) and Stage 7 (senior sports fields) utilising funding allocated to Boongaree in the Delivery Program Operation Plan & Budget 2023 / 24.

c. Opportunities to procure sponsorship funding (in full or partially) to support the delivery of Stage 6 (fenced off-leash dog exercise area);

d. Revised deliverables agreed with the NSW Government’s Multi-Sport Community Facility Fund 2021-22 for Stage 5 (junior sports field) and Stage 7 (senior sports fields).

e. Grant funding opportunities available to deliver all remaining stages (that are subject to an identified funding shortfall).

Options

1. Adopt the recommendation as proposed.

Implications: City Lifestyles staff will progress negotiations with the relevant grant funding body, undertake the engagement activities (consultation) listed in Part 4 of the recommendation (and as outlined in the Community Consultations chapter of this report) and provide a report to the Council at a future Ordinary Meeting.

2. Adopt a revised recommendation, removing Parts 3 and 4.

Implications: City Lifestyles staff proceed to develop a revised sequencing plan for delivery of future stages at Boongaree without undertaking any further engagement with grant funding bodies or key community stakeholders, which would include recommendations for the delivery of future stages. Council would be required to consider these recommendations without the benefit of further input from key stakeholders. This may give rise to reputational damage, both amongst constituents and grant funding bodies.

3. Adopt an alternative recommendation.

Implications: Council would need to provide further direction to the Chief Executive Officer, in line with the outcomes of Council’s deliberations on the matter.

Background

Boongaree (pronounced boon-ga-ree) is a Destination Park located on the northeast edge of Berry. Census data indicates that the Berry / Kangaroo Valley area grew by 7.9% between 2016 and 2021 (ABS, OuickStats). This growth is placing significant pressure on public places and recreation facilities in the area.

The Boongaree Recreation Precinct project aims to transform existing, aging local recreation facilities into a contemporary Destination Park. Boongaree has already cemented its role as a popular gateway attraction to the Shoalhaven area.

Once completed, it is expected the project will:

· Create a four-fold increase in visitation to the site (from around 46,000 per annum to around 175,000 per annum).

· Result in increased localised expenditure of more than $4M per annum, which will directly benefit local businesses in Berry.

· Support the creation of 41 new full-time equivalent jobs over the long term (32 direct, and 10 indirect).

· Result in significant improvements to social interaction and wellbeing.

· Help prevent social isolation.

Stages Completed to Date

The Rotary Nature Play Park and Learn to Ride facility were delivered in January 2022. Cricket practice nets and new netball courts were delivered in late 2022. A skate park and pump track were completed in March 2023. Lighting was installed and activated at the skate park in August 2023.

Stages Yet to be Delivered

Construction is yet to commence on the following components identified in the Boongaree Master Plan:

· Stage 4b – Reconciliation garden.

· Stage 5 – Junior practice fields.

· Stage 6 – Fenced dog off-leash exercise area.

· Stage 7 – Senior sports fields.

Stage 5 will include:

· Junior field (up to age 11) for rugby league, soccer, and cricket.

· Additional carparking and long-vehicle parking facilities.

Stage 7 will include:

· A senior multi-use field with realigned cricket pitch.

· Upgraded lighting for senior rugby league games.

· Additional carparking infrastructure adjacent to North Street.

Both fields are designed to have integrated irrigation and drainage, incorporating above-ground tanks for water capture and supply to each field.

Long Vehicle Parking

A resolution was adopted at Council’s Ordinary Meeting on 14 August 2023 regarding the proposed long vehicle parking at Boongaree (ref. MIN23.430), which reads:

That Council:

1. Directs the CEO to remove the long vehicle parking (LVP) area for 6 vehicles from its current location in the adopted Boongaree Master Plan.

2. Investigates in consultation with the community the need/demand of long vehicle parking and if justified;

a. Investigates alternative options for long vehicle parking within the Berry area and report back to Council with the findings.

In response to this resolution, long vehicle parking has been removed from its former location in the Boongaree Master Plan and investigations are being undertaken into the need for long vehicle parking in the Berry area.

As part of these investigations, data was collected over a four-week period to determine the number of long vehicle parking locations in Berry. This includes long vehicles parking in car parks at Boongaree, on-street parking on North Street, on-street parking on other residential streets in Berry town centre and within the Berry Showground precinct (excluding overnight camping). The results of these investigations are being analysed by City Lifestyles staff and will be reported to Council in due course.

Pending the results of the investigations described above, engagement activities will be undertaken to further determine the need for long vehicle parking in Berry in consultation with the community. The design of engagement activities may vary depending on the results of the investigations.

Further Information

Further information about this project and community engagement activities undertaken to date is available on the projects Get Involved page:

https://getinvolved.shoalhaven.nsw.gov.au/boongaree

Councillor Briefing

An update on Boongaree was provided to Council on 19 October 2023. Information presented at this meeting covered:

· Long Vehicle Parking – Notice of Motion – MIN23.430.

· Overview of Staging Plan.

· Works Completed to Date.

· Future Stages & Status Update.

· Actions Taken to Give Effect to MIN23.430.

· Project Budget.

· Moving Forward.

External Consultations

There is a need to engage further with NSW Government’s Multi-Sport Community Facility Fund 2021-22, as the grant funding body for Stage 5 (junior sports field) and Stage 7 (senior sports fields), to negotiate a revised list of deliverables. If approved, Council’s City Lifestyles staff will make representations to the Multi-Sport Community Facility Fund 2021-22 on behalf of Council and the Berry community to negotiate a revised list of deliverables in line with site conditions and community expectations.

Community Consultations

Pedestrian Safety Investigations

Council’s City Lifestyles staff continue to undertake work in relation to improving pedestrian safety at the intersection of North Street and Prince Alfred Street, in accordance with an earlier decision of Council (ref. Part 8 of MIN22.581):

That Council:

8. Investigate opportunities to introduce appropriate safe passage measures at the intersection of North Street and Prince Alfred Street and prepare a future report to the Shoalhaven Traffic Committee.

As part of this work, a Traffic & Signage Improvement Plan has been developed by City Lifestyles staff in collaboration with subject matter experts positioned within the City Services directorate. A letter was issued to directly affected residents in North Street in late October 2023, outlining the proposed amendments and requesting feedback be provided to the Chief Executive Officer by 22 November 2023. Upon completion of this engagement activity, the matter will be referred to the Shoalhaven Traffic Committee for consideration (date to be determined).

Consultation with Sporting Groups in Relation to Sequencing

It is proposed that City Lifestyles staff, in consultation with Ward 1 Councillors, undertake engagement activities with sporting groups that use existing sporting facilities at Boongaree.

The purpose of these engagement activities is to understand more about Clubs’ needs and user requirements. The feedback provided will be analysed and considered as part of work to produce a revised sequencing plan for stages yet to be delivered at Boongaree.

It is proposed that meetings be convened at the earliest possible date, to enable further reports to be provided to Council as soon as possible. The invitations will be extended to representatives of the following clubs / user groups:

· Touch Football.

· Soccer.

· Rugby League.

· Cricket.

· Tennis.

· Netball.

Consultation with Key Aboriginal Stakeholders in Relation to the Reconciliation Garden

Further culturally appropriate engagement with Aboriginal stakeholders, including local Aboriginal Land Councils, Elders and Aboriginal communities with a connection to lands and waters in and around Berry, will be undertaken in relation to concept designs prepared for Stage 4b (reconciliation garden), building on the consultation undertaken to date with Aboriginal Elders.

City Lifestyles staff have commenced engagement planning for this work, including completing stakeholder mapping. Further engagement planning work will consider the outcome of the recent referendum on Indigenous constitutional recognition and the Voice to Parliament, noting the impact this process has had on Aboriginal communities in Shoalhaven and current sentiments within the national discourse regarding ‘reconciliation’.

Strategic Alignment

Community Strategic Plan

The Shoalhaven 2023 Community Strategic Plan identifies 11 key priorities, categorised into four themes:

1. Resilient, Safe, Accessible & Inclusive Communities.

2. Sustainable, Liveable Environments.

3. Thriving local economies that meet community needs.

4. Effective, Responsible & Authentic Leadership.

Implementation of the Boongaree Master Plan aligns with the following key priorities:

1.3: Support community wellbeing through fostering active and healthy communities.

2.1: Manage our infrastructure for long term sustainability to meet community need.

3.2: Deliver safe, vibrant & attractive public spaces.

4.1: Deliver reliable, high quality services.

Community Infrastructure Strategic Plan 2017 - 2036

Shoalhaven City Council’s Community Infrastructure Strategic Plan 2017 - 2036 makes the following recommendation in relation to Boongaree (also known as North Street Park):

North Street Park: develop site as a district recreation park, as per Berry District Park Master Plan (ref. p. 144)

Financial Implications

The current funding allocation for delivery of community infrastructure at Boongaree is recorded in the Delivery Program Operational Plan & Budget 2023 / 24:

Line 246: Boongaree Berry – Stage 2 to 7 (ref. p. 129)

$5.27M

Stages to be delivered utilising this funding include:

Stage 4b	Reconciliation Garden
Stage 5	Junior practice fields
Stage 6	Fenced dog off-leash exercise area
Stage 7	Senior sports fields

Revised project budget (as presented to Council on 19 October 2023):

Original Cost Estimate (2018)	$13.8M
Expenditure to date (2023)	$10.1M

Risk Implications

Financial: It is likely funding identified in the Delivery Program Operational Plan & Budget 2023 / 24 will not be sufficient to deliver all remaining stages of work at Boongaree. It is therefore necessary to undertake further investigations, including consultation with sporting groups and key community stakeholders, to determine prioritisation for the delivery of future stages.

Reputational: If Council makes a final determination in relation to the sequencing of future stages at Boongaree without undertaking further consultation, the views of sporting groups and key community stakeholders regarding the sequencing of delivery for future stages will remain unknown, resulting in a possible disconnect between Council actions and community sentiment.

Reputational: Failure to act in accordance with community expectations in relation to the delivery of future stages at Boongaree may result in a lack of confidence in Council processes and a loss of community trust in Council’s capacity to deliver in line with the Community Engagement Strategy 2022-2026.

Directorate	Name	Designated Position Start Date	Returned
City Development	Hamish East	2/10/2023	9/10/2023
City Services	Donna Flanagan	25/9/2023	4/10/2023
Shoalhaven Water	Robert Greig	30/10/2023	30/10/2023

	Travelling expenses	Interstate Travelling expenses	Conferences Seminars & Training	Travel/conf & training	Total All expenses combined
Councillor No 1	$32,260	$4,214	$12,432	$48,906	$51,244
Councillor No 2	$17,358	$7,003	$12,761	$36,872	$44,586

Councillor No 12	0	0	$1,364	$1,364	$1,798
Councillor No 13	0	0	$840	$840	$1,204
ALL Councillors					216,194