Ordinary Meeting

 

 

Meeting Date:     Monday, 12 February, 2024

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

Time:                   5.30pm

 

Membership (Quorum - 7)

All Councillors

 

 

 

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

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

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

 

Statement of Ethical Obligations

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

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

 

Agenda

 

1.    Acknowledgement of Country

2.    Moment of Silence and Reflection

3.    Australian National Anthem

4.    Apologies / Leave of Absence

5.    Confirmation of Minutes

·      Ordinary Meeting - 29 January 2024

6.    Declaration of Interests

7.    Presentation of Petitions

8.    Mayoral Minute

Mayoral Minute

MM24.3....... Mayoral Minute - 2024 Australia Day Honours.............................................. 1

MM24.4....... Mayoral Minute - Cost Shifting onto Local Government................................ 2

9.    Deputations and Presentations

·           Presentation – Audit, Risk and Improvement Committee (ARIC) Annual Report 2023

10.  Call Over of the Business Paper

11.  A Committee of the Whole (if necessary)

12.  Committee Reports

Nil

13.  Reports

CEO

CL24.26....... Audit, Risk and Improvement Committee (ARIC) Annual Report - 2023...... 4

City Performance

CL24.27....... Ongoing Register of Pecuniary Interest Returns - January 2024.................. 5

City Futures

CL24.28....... Post Exhibition and Finalisation - Medium Density Amendment (No 51) - Shoalhaven Development Control Plan 2014.................................................................... 7

City Services

CL24.29....... Classification of Land - Lot 126 DP 1295390 Lancaster Drive, Badagarang 19

CL24.30....... Update Report - Outcome of Post Tender Negotiations - St Vincent St / South St Intersection Upgrade (Traffic Signals) and South St Shared User Path - Ulladulla...................................................................................................................... 22

City Development

CL24.31....... Development Application (SF11002) – Two Lot Torrens Title Subdivision - Pine Forrest Road – Lot 23 DP 1117746............................................................. 25

City Lifestyles

CL24.32....... Application for Community Consultative Body Council Endorsement - Culburra Beach & Orient Point Community Forum................................................................ 32

Shoalhaven Water

CL24.33....... Towards Net-Zero Emissions - Annual Energy Review 2022-23 Report.... 38

14.  Notices of Motion / Questions on Notice

Notices of Motion / Questions on Notice

CL24.34....... Notice of Motion - Support for Valparaiso and Vins del Mar - Chile............ 42

15.  Confidential Reports

Nil


 

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MM24.3      Mayoral Minute - 2024 Australia Day Honours

 

HPERM Ref:       D24/41379

 

Recommendation

That Council recognise the honours bestowed upon the recipients of 2024 Australia Day Honours and writes to congratulate each winner.

 

 

Details

On 26 January 2024, the Governor-General and Chancellor of the Order of Australia, His Excellency General the Honourable David Hurley AC DSSC (Retd), announced 1042 recipients in the 2024 Australia Day Honours List, the Shoalhaven received ten of these esteemed awards.

 

THE ORDER OF AUSTRALIA IN THE GENERAL DIVISION

Companions of the Order, Officers of the Order, Members of the Order, Medal of the Order of Australia

·    Raymond Dorsett OAM for service to hockey.

·    Peter Fitze OAM for service to the community through a range of organisations.

·    Lorraine Mairinger OAM for service to the community through a range of organisations.

·    Peter Moore OAM for service to cricket in New South Wales.

·    Maria (Marysia) Nowak OAM for service to the Polish community of New South Wales.

·    Margaret (Margie) Sheedy OAM for service to the community of the Shoalhaven region.

·    Avril Henry AM, for significant service to business consultancy, project management, and to women.

 

MERITORIOUS AWARDS

Public Service Medal, Australian Police Medal, Australian Fire Service Medal, Ambulance Service Medal, Emergency Services Medal, Australian Corrections Medal, Australian Intelligence Medal

·    Chief Inspector Ray Stynes, Australian Police Medal in recognition of his 32 years of service in the Police Force.

·    Donna Brotherton, Australian Corrections Medal for her commitment to rehabilitation and reintegration of inmates into the community.

·    Brian White, Ambulance Service Medal in recognition of his 45 years’ service to the Ambulance service of NSW.

 


 

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MM24.4      Mayoral Minute - Cost Shifting onto Local Government

 

HPERM Ref:       D24/43044 

 

Recommendation

That:

1.    Council receive and note the findings of the LGNSW Cost Shifting report for the 2021/2022 financial year; and

2.    A copy of the cost shifting report be placed on Council’s website so that our communities can access it; and

3.    Council write to the Premier, the NSW Treasurer and the NSW Minister for Local Government seeking that they urgently seek to address these costs through a combination of regulatory reform, budgetary provision and appropriate funding.

 

 

Details

Councillors,

The pressure on councils to continue to provide services of appropriate standard to our communities is now extraordinary.

The unrelenting growth of cost shifting to councils, coupled with rate pegging, is increasingly eroding any possibility of financially sustainable local government and risking the capacity of councils to deliver tailored, grassroots services to their communities and properly deliver and maintain vital local infrastructure.

Alarmingly, the latest research commissioned by Local Government NSW (LGNSW) shows that the increase in cost shifting has been accelerated by various NSW Government policies.

As shown in the latest cost shifting report produced by independent consultants Morrison Low on behalf of LGNSW for the 2021/2022 financial year (www.lgnsw.org.au/costshifting), an amount of $1.36 billion of expense has been passed on to councils to fund. This is an increase of $540 million since the last report from the 2017/2018 financial year and represents lost services, lost opportunity and lost amenity for all our residents and businesses.

On average, this represents an additional cost of $460.67 for every ratepayer across the state.

With councils having to fund this ongoing subsidy for the State Government each and every year it means our communities get less or go without. They go without better roads, they go without better parks, they go without important community services that only councils provide, and they and their ratepayers are effectively paying hidden taxes to other levels of government.

Councillors, our communities deserve better and this must stop. Prior to the most recent state election the then Minns Opposition wrote to LGNSW acknowledging that cost shifting had undermined the financial sustainability of the local government sector.

Now in 2024, it is important to councils and communities that the NSW Government urgently seek to address cost shifting through a combination of regulatory reform, budgetary provision and appropriate funding.

As a result I move the following:

1.   That Council receive and note the findings of the LGNSW Cost Shifting report for the 2021/2022 financial year; and

2.   That a copy be placed on Council’s website so that our communities can access it; and

3.   That Council write to the Premier, the NSW Treasurer and the NSW Minister for Local Government seeking that they urgently seek to address cost shifting through a combination of regulatory reform, budgetary provision and appropriate funding.

 


 

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CL24.26     Audit, Risk and Improvement Committee (ARIC) Annual Report - 2023

 

HPERM Ref:       D24/32952

 

Department:       Office of the CEO

Approver:           Jane Lewis, Acting Chief Executive Officer 

Attachments:     1.  2023 ARIC Annual Report (under separate cover)   

Reason for Report

The reason for this report is to provide Shoalhaven City Council with the 2023 Audit Risk and Improvement Committee (ARIC) Annual Report. This report provides summary of the operations of the ARIC in accordance with the ARIC Charter.  

 

Recommendation

That Council:

1.    Receive and note the 2023 Audit Risk and Improvement Committee Annual Report.

2.    Acknowledge the work of the ARIC for 2023 and thank the Chair of the Audit Risk and Improvement Committee, Peter McLean for presenting the report at the Council meeting.

 

 

Options

1.    Shoalhaven City Council receive and note the 2023 ARIC Annual Report.

 

2.    Shoalhaven City Council provide an alternative recommendation.

 

Background

Shoalhaven City Council’s Audit Risk and Improvement Committee (ARIC) objective is to provide independent advice and assistance to Council on risk management, internal control, governance and external accountability responsibilities.

As per the ARIC’s communications guidelines established in its Charter, the Chair of the ARIC reports to Council annually on the key issues and activities considered. 

The Chair of the ARIC has tabled this Annual Report to provide an overview of the key issues that the ARIC has dealt with in 2023. The Chair of the ARIC, Mr Peter McLean, will present 2023 ARIC Annual Report at the Council meeting.

The 2023 ARIC Annual Report is attached for information and consideration by the Shoalhaven City Council.

 


 

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CL24.27     Ongoing Register of Pecuniary Interest Returns - January 2024

 

HPERM Ref:       D24/817

 

Department:       Business Assurance & Risk

Approver:           Lauren Buckingham, Acting Director - City Performance  

Reason for Report

The reason for this report is to provide the Council with the Register of Pecuniary Interest Returns from newly designated persons lodged with the Chief Executive Officer for the period of 1 January to 31 January 2024 as required under Section 440AAB of the Local Government Act 1993 and Part 4.26 of the Code of Conduct.

 

Recommendation

That the report of the Chief Executive Officer regarding the Ongoing Register of Pecuniary Interest Returns lodged for the period of 1 January to 31 January 2024 be received for information.

 

 

Background

Under Section 440AAB of the Local Government Act 1993 and Part 4.26 of the Model Code of Conduct, newly designated persons are required to complete an Initial Pecuniary Interest Return within 3 months of becoming a designated person.

Section 440AAB (2) of The Local Government Act 1993 states:

Returns required to be lodged with the general manager must be tabled at a meeting of the council, being the first meeting held after the last day specified by the code for lodgement, or if the code does not specify a day, as soon as practicable after the return is lodged.

Part 4.26 of the Model Code of Conduct states:

Returns required to be lodged with the general manager under clause 4.21(c) must be tabled at the next council meeting after the return is lodged.

This report is one of a series of reports of this nature which will be provided throughout the year to align with the legislative requirements.

Those persons who have submitted a return within the period in accordance with their obligation to lodge an initial pecuniary interest return are listed below:

Directorate

Name

Designated Position Start Date

Returned

City Performance

Michael Williams

23/10/2023

02/01/2024

City Services

Lara Favelle

20/11/2023

02/01/2024

City Performance

Cherie Muir

02/01/2024

02/01/2024

City Services

Braden Theisinger

29/01/2024

30/01/2024

 

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

 

Risk Implications

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

 


 

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CL24.28     Post Exhibition and Finalisation - Medium Density Amendment (No 51) - Shoalhaven Development Control Plan 2014

 

HPERM Ref:       D23/454992

 

Department:       Strategic Planning

Approver:           Coralie McCarthy, Acting Director - City Futures 

Attachments:     1.  Recommended Post Exhibition Changes to Chapter G1 of Shoalhaven DCP 2014   

Reason for Report

The purpose of this report is to:

·    Detail the outcomes of the public exhibition of the draft Medium Density Amendment (Amendment No. 51) to the Shoalhaven Development Control Plan 2014.

·    Seek endorsement for the finalisation of Amendment No. 51.

Recommendation

That Council:

1.    Adopt the Medium Density Amendment (DCP2014.51) to Shoalhaven Development Control Plan 2014 as exhibited, with the inclusion of the changes to Draft Chapter G1: Site Analysis, Site Design and Building Materials as shown in Attachment 1.

2.    Notify the adoption of the Amendment in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and Regulations.

3.    Advise key stakeholders, including Community Consultative Bodies and relevant industry representatives, of this decision and when the Amendment will be made effective.

 

Options

1.    As recommended.

Implications: This is the preferred option as it implements the intention of earlier resolutions and ensures that where development consent is required, greater consideration is given to the contemporary needs of the Shoalhaven Community in areas such as urban design, amenity, accessibility, and balanced/sustainable development.

2.    Adopt an alternative recommendation.

Implications: This will depend on the extent of any changes and could delay the progress and implementation of updated medium density development provisions that respond to the contemporary needs of the Shoalhaven Community.

3.    Not adopt the recommendation.

Implications: This could stop the progression of more appropriate medium density provisions to ensure a consistent, sustainable approach to medium density/compact housing provision. This option is not preferred as the current approach has resulted in increased community concern, increased representations to Councillors, and impacts on Council staff resourcing.

 

Background

At its 28 August 2023 Ordinary Meeting, Council resolved (MIN23.457) to:

1.    Support the exhibition of the draft Medium Density Amendment to Shoalhaven Development Control Plan 2014, consisting of the following chapters, for a period of 28 days as per legislative requirements:

a.   Draft Chapter G1: Site Analysis, Site Design and Building Materials.

b.   Draft Chapter G12: Dwelling Houses and Other Low Density Residential Development.

c.   Draft Chapter G13: Medium Density and Other Residential Development.

d.   Draft Chapter G21: Car Parking and Traffic.

2.    Receive a further report on the draft Medium Density Amendment following the conclusion of the public exhibition period.

3.    Advise key stakeholders, including relevant industry representatives and CCBs, of this decision and exhibition arrangements

In accordance with Council’s resolution, the Amendment package was publicly exhibited for a period of 30 days from Wednesday 4 October to Friday 3 November 2023 (inclusive) on Council’s website. All Community Consultative Bodies and relevant development industry representatives were notified directly via email.

The exhibition material remains on Council’s website and included the following:

·    Exhibition Notice.

·    Explanatory Statement.

·    Draft Chapters:

Chapter G1: Site Analysis, Site Design and Building Materials.

Chapter G12: Dwelling Houses and Other Low Density Residential Development.

Chapter G13: Medium Density and Other Residential Development.

Chapter G21: Car Parking and Traffic.

The Dictionary.

 

The Inclusion & Accessibility Advisory Committee were consulted on the proposed changes.   No submissions were received from this committee. No submissions were received from the development industry. One submission was received from the Red Head Villages Association. Table 1 summarises this submission and provides a staff comment for Council’s consideration.

 

Table 1: Summary of Key Themes Raised in the Red Head Villages Association Submission

Summary of Issue

Staff Comment

Supports the intent of the draft changes.

Supports the consultation process.

Acknowledges and values the proposed amendment with respect to amenity of adjoining neighbours but raises concerns that the review does not go far enough in assessing holistic nature of coast village character and desired future character.

Raises concerns about the ‘One size fits all’ methodology – seeks acknowledgement / distinguishment of character and inclusion of future character.

Raises concerns that the site analysis provisions do not adequately address/model need for supporting civil and social infrastructure and the demands caused by urban densification in unique communities.

Seeks refinement to minimum lot size for dual occupancy development and medium density development in the RU5 Village zone in SLEP 2014 through a planning instrument change.

Raised concerns regarding unregulated urban densification for the use of tourist accommodation which poses safety and security concerns during bushfire events with management and evacuation.

Change recommended.

There is merit in amending the following objective in draft Chapter G1: Site Analysis, Site Design and Building Materials to address not only the immediate site, but the site surrounds.  This would address matters raised in the submission such as limitations relating to available civil and social infrastructure.

Ensure compatibility between the site and the proposal development responds to the qualities, characteristics and limitations of the site and site surrounds.

This proposed change is highlighted in green in Attachment 1.

The main focus of the submission relates to the need for changes to the LEP to address inappropriate medium density development (minimum lot size).  Council has recently endorsed the progression of a new Housing Strategy and LEP. These processes will review the needs of Shoalhaven’s coastal villages and consider planning mechanisms that may assist in this regard. This work has commenced and there will be opportunity for continued engagement with the Red Head Villages Association through these processes.

An amendment to draft Chapter G1: Site Analysis, Site Design and Building Materials is recommended in response to the submission. This post-exhibition amendment is consistent with Council’s overarching intention to ensure local character is consistently identified and considered, which was a key theme raised by the community relating to medium density development.

As such, it is recommended that the Medium Density Amendment to Shoalhaven Development Control Plan 2014, inclusive of the recommended post exhibition changes, proceed to finalisation.

Financial Implications

The finalisation of the Amendment will continue to be resourced from the Strategic Planning budget.

Internal Consultation

The draft Amendment was prepared with collaboration from staff across the organisation including the City Futures and City Development directorates and was subject to a period of internal consultation.  No additional internal consultation was undertaken during the public exhibition period.

 


 

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CL24.29     Classification of Land - Lot 126 DP 1295390 Lancaster Drive, Badagarang

 

HPERM Ref:       D23/519606

 

Department:       Technical Services

Approver:           Carey McIntyre, Director - City Services  

Reason for Report

The reason for this report is to provide Council with an opportunity to consider the classification of land being Lot 126 DP 1295390 Lancaster Drive, Badagarang, as ‘Operational Land’ within the meaning of the Local Government Act 1993.

 

Recommendation

That Council classifies the land described as Lot 126 DP 1295390 Lancaster Drive, Badagarang, as Operational Land within the meaning of the Local Government Act 1993.

 

 

Options

1.    Adopt as recommended.

Implications: The operational classification will provide Council with flexibility in its use as a drainage reserve.

 

2.    Not adopt as recommended.

Implications: If the land is not classified as “operational” within three months of its acquisition by Council the land defaults to a classification of Community Land and is subject to the community land provisions outlined in the Local Government Act 1993.

 

Background

Lot 126 DP 1295390 is an irregular shaped parcel 10,240 sqm in size, zoned Part R1 – General Residential, Part RU1 – Primary Production, and is highlighted in yellow outline in Figure 1 below.

The subject land was dedicated to Council as a Drainage Reserve as determined by Subdivision Application SF10633. The subject land adjoins the Moss Vale Road South Urban Release Area, between Bomaderry and Cambewarra Village, which is now known as Badagarang. It is planned to capture drainage from the subdivision of Lancaster Drive, Badagarang. The creation of the drainage easement was registered on 28 November 2023.

The classification of Lot 126 as Operational Land is appropriate to retain the authority of Council and others to undertake drainage related works within the lot.

 

Figure 1

 

Community Consultations

In accordance with Section 34 of the Local Government Act 1993, a public notice of Council’s intention to classify the land as Operational was placed in the South Coast Register, Council’s website, at the Nowra Administration Building and at Nowra Library, allowing 28 days for written submissions. No submissions have been received. 

 

Policy Implications

Section 31(2) of the Local Government Act 1993 provides that before Council acquires land, or within three months after it acquires land, Council may resolve to classify it.

There are two classifications available:

1.   Operational Land – land which Council owns as a business entity and upon which it conducts Council business, and;

2.   Community Land – land in Council’s ownership which is held for and on behalf of the Community subject to the Community Land provisions of the Local Government Act 1993.

A resolution of Council, within the time frame prescribed in the Local Government Act 1993, is required to finalise the classification of land as Operational.

 

Financial Implications

Nil for the proposed classification.

Land incorrectly classified (via resolution or by default) that subsequently results in an inability to be dealt with will require a reclassification to Operational Land that involves making a Local Environmental Plan amendment under the Environmental Planning Assessment Act 1979. This is a time-consuming and costly exercise and can be avoided by actioning the Operational Land classification prior to the expiry of the three month horizon.

 

Risk Implications

Nil for the proposed classification as Operational Land. The ability for Council to implement drainage performance improvements on the site in future would be constrained by the limitations of the Community Land provisions if an Operational Land classification is not applied.

 

 


 

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CL24.30     Update Report - Outcome of Post Tender Negotiations - St Vincent St / South St Intersection Upgrade (Traffic Signals) and South St Shared User Path - Ulladulla

 

HPERM Ref:       D24/19990

 

Department:       Works & Services

Approver:           Carey McIntyre, Director - City Services  

Reason for Report

The reason for this report is to update Council on the outcome of the post tender negotiations entered into with Cleary Bros (Bombo) Pty Ltd for the St Vincent St / South St Intersection Upgrade (Traffic Signals) & South St Shared User Path, Ulladulla project.

 

Recommendation

That Council receives the update report on the extent of the scope and cost reduction negotiated for the St Vincent St / South St Intersection Upgrade (Traffic Signals) & South St Shared User Path, Ulladulla project as required by MIN23.379C.

 

 

Options

1.    Adopt the Recommendation

Implications: Council will be informed of the extent of the scope and cost reduction negotiated for the St Vincent St / South St Intersection Upgrade (Traffic Signals) & South St Shared User Path, Ulladulla project. 

 

2.    Not adopt the Recommendation and seek additional information.

Implications: A further report to the Council will need to be prepared by staff in response to the information sought.

 

Background

Council resolved on 17 July 2023 as follows:

MIN23.379C

1.   In accordance with Section 178(1)(b) of the regulations decline to accept any Tender for St Vincent St / South St Intersection Upgrade (Traffic Signals) & South St Shared User Path, Ulladulla as sufficient funds are not available in the project budget to cover the contract amount and other project costs.

2.   In accordance with Clause 178(3)(e) enter into negotiations with Cleary Bros (Bombo) Pty Ltd, or any other contractor as needed/appropriate, for St Vincent St / South St Intersection Upgrade (Traffic Signals) & South St Shared User Path, Ulladulla for the following reasons:

a.   The sourcing strategy was a public request for tender which was live for 6 weeks so it is unlikely that inviting fresh tenders would result in any further submissions being received.

b.   Cleary Bros (Bombo) have been identified as the highest scoring tenderer by the tender evaluation team.

c.   There would appear to be opportunities to reduce the cost through reduction of scope.

3.   Delegate the authority to the CEO (Director City Services) to execute all documents on Council’s behalf in relation to any contract formed as a result of the above to enable the work to commence.

4.   Receive a report detailing the extent of the scope and cost reduction negotiated by the CEO at an appropriate time.

 

This report is in fulfilment specifically, of Recommendation 4.

 

In addition to entering into negotiations with Cleary Bros (Bombo) Pty Ltd, City Services also approached the grant provider (TfNSW) requesting a cost variation to help reduce or eliminate entirely the extent of scope reduction required.

 

Consultation with Transport for NSW

City Services submitted a cost variation to Transport for NSW for the St Vincent St, Ulladulla High School Safety Improvements project and was successful in receiving an additional $400,000 towards the project.

Original approved project budget =                                        $1,750,000.

New approved project funding after variation =         $2,150,000.

 

Consultation with Cleary Bros (Bombo) Pty Ltd

The main area considered for scope reduction was the amount of asphalt works. This is because:

1.   The cost to supply and lay asphalt (as well as the associated milling and disposal of material) is by far the largest contributor to the overall cost of the project.

2.   There are areas away from the intersection where the proposed 120mm thick new asphalt could be reduced to 50mm thick and still satisfy the overall intent of the project.

As a result of the asphalt scope reduction and other small scope changes the new contract price agreed with Cleary Bros (Bombo) Pty Ltd was $1,678,103.65.

Note the original Cleary Bros (Bombo) Pty Ltd tender price was = $1,825,137.82

 

Financial Implications

Nil.

The work is now fully funded in the 2023/24 Capital Works Program by the NSW Federal Road Safety Program/ School Zone Infrastructure Sub-Program. The funding provided is available to cover both the tender amount and other project costs including the preliminary works, project management costs and lighting upgrades.

 

 

 

 

 

The summaries of the estimated expenditures of the contract and project are as follows:

 

Contract Budget Table                                                                   Amount (excl GST)

Contract Value

$1,678,103.65

Contract Contingency

5%

$83,905.18

Purchase Order (Value + Contingency)

$1,762,008.83

 

GST CALCULATION TABLE

Purchase Order (excl GST)

$1,762,008.83

GST

$176,200.88

Purchase Order (incl GST)

$1,938,209.72

 

Project Budget Table

Amount (excl GST)

Project Budget

    Finance Number 106059

$2,150,000.00

    Total

$2,150,000.00

Project Forecast Expenditure

    Contract Budget (PO Value from Contract Budget Table)

$1,762,008.83

    Design including TfNSW WAD & Design Fees

$205,695.17

Project Management & Site Surveillance

$20,879.17

Electrical works and Road Safety Audits

$37,737.02

Stormwater renewal and Telstra relocations

$121,843.42

     Total

$2,148,163.61

 

Balance (Project Budget – Project Forecast Expenditure)

$1,836.39

 

Risk Implications

A Risk of Failure Report (D23/143820) has been obtained which indicates that the probability of the recommended tenderer experiencing financial difficulty within the next 12 months is minimal and therefore deemed acceptable by the tender evaluation team.

 

 


 

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CL24.31     Development Application (SF11002) – Two Lot Torrens Title Subdivision - Pine Forrest Road – Lot 23 DP 1117746

 

DA. No:               SF11002/4

 

HPERM Ref:       D23/445761

 

Department:       Certification & Compliance

Approver:           James Ruprai, Director - City Development 

Attachments:     1.  DRAFT Determination - Approval - SF11002 - Pine Forest Rd  TOMERONG - Lot 23 DP 1117746 & 12 Connolly St TOMERONG - Lot 22 DP 1117746 (under separate cover)

2.  Planning Report  S4.15 Assessment - Pine Forest Rd  TOMERONG - Lot 23 DP 1117746 & 12 Connolly St TOMERONG - Lot 22 DP 1117746 (under separate cover)

3.  Plans - Subdivision - Pine Forest Rd  TOMERONG - Lot 23 DP 1117746 & 12 Connolly St TOMERONG - Lot 22 DP 1117746 (under separate cover)   

Description of Development: One (1) into Two (2) Lot Torrens Title Subdivision 

 

Owner:                                   M J Malone & T L Malone

 

Applicant:                              Jervis Bay Town Planning

 

Notification Dates:                26 October 2023 to 11 November 2023

 

No. of Submissions:           0

 

Purpose / Reason for consideration by Council

The Development Application was called in for determination on public interest grounds due to the nature of the policy variation being proposed by the applicant (MIN23.571).

 

Recommendation

That Council confirm that it supports the variation to A15.2 of Chapter G8 On-Site Sewer Management and approve the Development Application SF11002 for two (2) lot Torrens Title subdivision at Pine Forest Road TOMERONG - Lot 23 DP 1117746 as detailed in the draft conditions of consent (Attachment 1) to this report.

 

Options

1.    That Council approve the recommendation as printed.

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

2.    Refuse the Development Application (DA).

Implications: The development is unable to proceed as applied for. The applicant can, however, apply for a section 8.2A review of Council’s decision and/or could lodge an appeal with the NSW Land and Environment Court (LEC) against Council’s decision.

3.    Adopt an alternative recommendation.

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

 

An aerial view of a neighborhood

Description automatically generated

Figure 1: Location Map

Background

Two applications have previously been lodged over the subject site for a two (2) lot Torrens Title subdivision. These are as follows:

·    SF10926

An application for two (2) lot Torrens Title subdivision, which proposed to manage effluent via pump-out was lodged with Council on 18/2/2022 and refused on SF10926.

·    RD22/1000

A section 8.2 review of the refusal determination of SF10926 was lodged on 10/11/2022. The review of determination upheld the determination of SF10926 and was refused on the 24/2/2023.

Proposed Development

Two (2) Lot Torrens Title Subdivision

Figure 2: Proposed Subdivision Sketch Plan

Subject Land

The development site comprises Lot 23 DP 1117746 – Pine Forest Road TOMERONG. The proposal also involves connection to the inter-allotment drainage at 12 Connolly Street TOMERONG – Lot 22 DP 1117746.

The site has an area of 1990m² and is rectangular in shape.

Site & Context

The site is currently vacant and adjoins residential development to the north south east and west.

The locality is within the RU5 Village zone.

Figure 3 – Zone Mapping – SLEP 2014

The subject site does not have access to reticulated sewer, however, as per Council resolution MIN21.464 the Council resolved to include $7.3 million for the Tomerong Sewerage Scheme (as a pressure sewer scheme) in the Sewer Capital Works Program, for completion in the 2028/29 financial year.

History

Lot Creation

Approval was issued on the 06/03/2006 for SF9585 - 29 Lot Residential Subdivision and 1 Public Reserve Lot. The subject site, lot 23 DP 1117746 was created as part of this.

Condition number 47 of the development consent, states that:

“The following shall be created as restrictions-as-to-user under Section 88B of the Conveyancing Act.

b)   No further subdivision of any lot unless reticulated sewerage available.”

Restriction numbered 9 in DP1117746 was imposed accordingly which restricts any further subdivision until the site is serviced by reticulated sewerage.

Existing Restrictions

Due to there being no reticulated sewerage available to the area, the subdivision was created based upon all lots managing waste via onsite effluent systems. Given this, a Geotechnical Assessment was conducted on each lot to demonstrate that each lot had a suitable area for the location and operation of an effluent system.

This assessment included investigations to ensure each proposed lot had sufficient area for the primary and reserve system, building area (including dwelling, sheds, pools, and rainwater tanks), driveways, stormwater management areas and the required buffer distances. 

It was for this reason that the lots were created to this size, and the restriction to user was imposed to prevent any further subdivision from occurring until such a time reticulated sewage was available.

Figure 4: Plans for SF9585 showing indicative locations of potential future buildings, ancillary structures, driveways, and effluent management areas (D08/103645)

Issues

Effluent Disposal via Pump Out

The applicant’s submitted Statement of Environmental Effects and Report on Effluent Disposal contends that the site is not of sufficient size to manage effluent on-site under the current policy requirements, and as such, Council should support the subdivision of land and the management of effluent via pump out as the current lot is already not capable of managing effluent on-site.

It is agreed that the existing lot does not meet the required size under the SDCP 2014 to suitably manage effluent on site. However, there are concessions in the SDCP 2014 for new pump out services.

A15.2 prescribes the following:

New pump out services shall only be considered:

·    On lots within unsewered residential or business zoned land that was registered before the adoption of Council’s former Effluent Pump out Policy on 28 August 2007.

·    For multi dwelling housing development in villages designated for future reticulation services.

 

With respect to A15.2 the corresponding Performance Criteria at P15.1 it prescribes the following:

New subdivisions do not propose (or install) new pump out systems.

 

Should the proponent apply to construct dual occupancy development without subdivision, an effluent pump out system would be permitted under the policy. This is due to the dwellings being located on a lot created before the adoption of Councils former effluent pump out policy on 28 August 2007.

 

Similarly, the proponent could apply to construct multi dwelling housing without subdivision, which is permitted within the zone and would comply with the policy. This is due to the Council resolving to provide reticulated sewer to the township of Tomerong (MIN21.464).

 

There are inconsistencies with the policy and the outcomes in which it is trying to achieve. As outlined above, dwelling yields similar to this proposal could be achieved (and which would be compliant with the Chapter G8 controls) if the subdivision element were not pursued.  For this reason noting also that a degree of weight needs to be given to the fact that Council resolved to include $7.3 million for the Tomerong Sewerage Scheme (as a pressure sewer scheme) in the Sewer Capital Works Program, for completion in the 2028/29 financial year, the proposal is considered supportable.

Planning Assessment

The DA has been assessed under s4.15 of the Environmental Planning and Assessment Act 1979. 

Internal Consultations

The application was referred to Council’s Development Engineer, Environmental Health Officer, Asset and Strategy, and Assessment Management Section, Waste Section, GIS section and Shoalhaven Water.

Although issues were identified by the Environmental Health and the Asset and Strategy and Asset Management Sections, these related to there being insufficient area available to manage effluent on-site and associated implications to parking areas.

Shoalhaven Water have confirmed the forward planning for sewerage installation at the location, and that the lots are planned to be connected to sewer in the coming years.

If servicing of the proposed lots via pump out systems is supported by Council, the issues raised can be adequately addressed and resolved through appropriate conditions of consent.

External Consultations

The application was referred to Endeavour Energy and the Rural Fire Service. No objection was raised subject to conditions of consent.

Community Consultations

The application was notified in accordance with Council’s Community Consultation Policy between 26 October 2023 to 11 November 2023. No submissions were received.

Financial Implications

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

Legal Implications

Pursuant to section 8.2 of the Environmental Planning and Assessment Act 1979 (EP&A Act), a decision of the Council may be subject of a review by the applicant in the event of an approval or refusal. If such a review is ultimately pursued the matter would be put to Council for consideration.

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

Summary and Conclusion

This application has been assessed having regard for section 4.15 (Evaluation) under the EP &A Act). As per section 6.3 of Chapter G8 of Shoalhaven DCP 2014, reliance on effluent pump out systems for new subdivisions in areas identified for future reticulation services may only be provided by resolution of Council.

As outlined in this report Tomerong village is to be connected to reticulated sewer in 2028/29 as resolved by Council in MIN21.464. Given the alternative scenarios that would comply with the controls set out in Chapter G8 of Shoalhaven DCP 2014 that could be utilised to achieve similar dwelling yields, and the future connection of the site to reticulated sewer it is recommended that the variation to A15.2 be supported.

Having regard to the assessment and the matters described in the section titled ‘Issues’ earlier in this report, the proposal is recommended for determination by way of approval.

A draft determination has been prepared and is located at Attachment 1 to this Report for consideration.

 


 

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CL24.32     Application for Community Consultative Body Council Endorsement - Culburra Beach & Orient Point Community Forum

 

HPERM Ref:       D24/11444

 

Department:       Community Connections

Approver:           Michael Paine, Manager - Community Connections 

Attachments:     1.  Application to become an endorsed CCB - Culburra Beach and Orient Point Community Forum   

Reason for Report

The purpose of this report is to advise Shoalhaven City Council that the Culburra Beach Progress Association has ceased operations and to inform Council that the Culburra Beach & Orient Point Community Forum (CBOPCF) has submitted an application to become the endorsed Council Community Consultative Body (CCB) for the Culburra Beach and Orient Point area.

 

Recommendation

That Council:

1.    Acknowledge the contribution that the Culburra Beach Progress Association has made since being endorsed as a CCB over 25 years ago and:

a.    Accept the Culburra Beach Progress Associations advice that they have disbanded and cease to recognise the Culburra Beach Progress Association as an endorsed Community Consultative Body for Council.

b.    Write to the outgoing committee to thank them for their commitment and contribution to the Shoalhaven community.

2.    Support in principle the application from Culburra Beach & Orient Point Community Forum to be recognised by Council as a Community Consultative Body.

3.    Advertise the proposal for public comment.

4.    In considering public comment,

a.    if no significant adverse feedback is received, accept the Culburra Beach & Orient Point Community Forum as formally recognised and staff advise the community group accordingly.

b.    if significant feedback is received, staff will submit a report to Council for final determination of the formal Community Consultative Body status.

 

 

Options

1.    Shoalhaven City Council cease to recognise the Culburra Progress Association as the endorsed CCB for the area and supports, in principle, the application from the Culburra Beach & Orient Point Community Forum (CBOPCF) to be recognised by Council as a Community Consultative Body (CCB).

Implications:

As per Section 1.7 of the Community Consultative Body - Guidelines (POL23/44), following Council’s in principle support, for consultation purposes, Council staff will then:

a. Advertise the proposal for public comment

b. Consult with any other organisation that is recognised as a CCB within any part of the same geographic area

c. Following public comment submit a report to a Council meeting for determination

d. Take into consideration any comments received when determining the application

e. Inform the applicant of Council's determination

 

2.    Shoalhaven City Council cease to recognise the Culburra Progress Association as the endorsed CCB for the area does not support in principle the application from the Culburra Beach & Orient Point Community Forum (CBOPCF) to be recognised by Council as a CCB.

Implications:

Culburra Beach and Orient Point will remain an area within the Shoalhaven that does not have direct CCB representation due to the Culburra Beach Progress Association having ceased operations.

 

Background

The currently endorsed CCB, the Culburra Beach Progress Association is no longer operational and folded in October 2023, as they were unable to form a committee. The first notification that Council received of this was in the application letter attached, and this has been verified with a telephone call to the former president of the Association on 10 January 2024.

Council staff have spoken to the former President of the Culburra Beach Progress Association and confirmed that he has no objections to the establishment of the Culburra Beach & Orient Point Community Forum (CBOPCF) as a CCB.

The CBOPCF will be an unincorporated association established for the sole purpose of fulfilling the role of a CCB.  The CBOPCF steering committee is a temporary group that will ensure that the inaugural CCB Committee is representative of the community including, but not limited to Jerrinja Local Aboriginal Lands Council, Culburra Beach Festival, local business interests, environmental advocacy groups, senior citizens, Parents and Citizens’ Association, volunteer organisations and other community representatives.

In their application CPOPCF have stated that they will be established and operated strictly in compliance with the Community Consultative Body - Guidelines (POL23/44). They will ensure a diversity of representation to disseminate information, listen to and respect multiple views, collect community feedback and provide this feedback to Council.

 

Community Consultations

As per Section 1.7 of the Community Consultative Body - Guidelines (POL23/44), following Council’s in principle support, for consultation purposes, Council staff will then:

a. Advertise the proposal for public comment

b. Consult with any other organisation that is recognised as a CCB within any part of the same geographic area

c. Following public comment submit a report to a Council meeting for determination

d. Take into consideration any comments received when determining the application

e. Inform the applicant of Council's determination

Policy Implications

CBOPCF will be bound by the Community Consultative Body - Guidelines (POL23/44) if they become recognised by Council as a CCB.

Financial Implications

As per Section 2.4 of the Community Consultative Body - Guidelines (POL23/44), Council provides financial assistance to help meet CCB administrative costs and/or hall hire expenses.

The amount determined in Council’s budget process is currently $500 per CCB, and is paid each financial year after the CCB provides a copy of their financial statements for the previous 12 months.

The currently endorsed CCB, Culburra Beach Progress Association has not been claimed these funds for the 2023/2024 financial year and these funds will be made available to the newly established CCB.

Council will obtain Public Liability cover on behalf of the new CCB for any activities and events conducted by the CCB whilst they are acting within the scope of their duties for and on behalf of Council as outlined in these guidelines and subject to policy terms and conditions.

Public Liability cover for the currently endorsed CCB  - Culburra Beach Progress Association has been cancelled.

 


 

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CL24.33     Towards Net-Zero Emissions - Annual Energy Review 2022-23 Report

 

HPERM Ref:       D23/507910

 

Approver:           Robert Horner, Executive Manager Shoalhaven Water 

Attachments:     1.  SCC Towards Net Zero Emissions Annual Energy Review Report 2022-2023 FINAL (under separate cover)   

Reason for Report

The reason for this report is to provide Council with an update on energy and emissions reduction initiatives and an update on Council’s internal Revolving Energy Fund. 

 

This is in line with MIN19.845 adopted at the Strategy & Assets Committee meeting on 12 November 2019, where it was resolved that Council Endorse the preparation of Annual Energy Review reports to track Council’s performance against energy and emission reduction targets established in Council’s Sustainable Energy Policy .

 

Recommendation

That Council receive and note:

1.    The energy and emissions reduction initiatives outlined in the Towards Net-Zero Emissions - Annual Energy Review 2022-23 Report

2.    The update on Council’s internal Revolving Energy Fund.

 

Background

The attached Towards Net Zero Emissions - Annual Energy Review report, which covers the 2022-23 financial year (FY2023), presents an annual analysis of Council’s energy consumption, documents energy savings measures recently implemented and identifies potential cost-effective measures for future energy efficiency and renewable energy investment. 

This report also tracks the performance of Council towards achieving its energy and emissions reduction targets set out in Council’s adopted Sustainability and Climate Policy (POL22/177), which replaced the Sustainable Energy Policy in late 2022.  Included in the review is a full analysis against all the recommended initiatives listed in Council’s Sustainable Energy Strategy 2020-2025.

 

Summary of 2022-23 Annual Energy Review Report

·    In late 2022, Shoalhaven Council led a joint tendering activity with Kiama and Shellharbour Councils for the supply of renewable electricity for Large Sites and Street Lighting.  The successful electricity retailer was Flow Power and all 3 Councils executed contracts with them for electricity supply under a Power Purchase Agreement from 2023-2030 inclusive.  Shoalhaven will buy 25% renewables in 2023 and 2024, then increase to 50% renewables from 2025 onwards.  Additional renewables (LGCs) are expected to be bought post-2025 depending on market pricing to eventually achieve 100% renewables.

·    Stage 2 to replace 100% of Council’s public streetlights to LEDs commenced in late June 2023.  The $2.65M capital funding enables Endeavour Energy to replace the remaining 4,435 non-LED streetlights with energy efficient LEDs.  The project will generate Energy Savings Certificates to the value of approx. $750,000 (market variable) to offset the total cost of this project to Council (update - the ESC market price is much lower now so a more realistic value is $500,000 total sale price which was identified in the original business case analysis as a lower-end possibility).  By early December 2023, around 3,500 of the 4,435 lights had already been replaced with LEDs (update - the project is expected to be fully completed by the end of Feb 2024).

·    Eleven solar PV systems operated by Shoalhaven Water were maintained in 2023 by way of a deep clean of the solar panels and electrical check. This improved solar generation by 10% on average.

·    By mid-2023, solar PV installations had risen to 31% of dwellings in the Shoalhaven LGA, compared to 18% in 2018.  This is not far from achieving the original Sustainable Energy Policy target of 33% of dwellings by 2025.  A Solar and Battery 101 public workshop was delivered to assist the community with this technology. Repower Shoalhaven delivered another community workshop on behalf of Council titled ‘Electrify Everything’ to encourage community uptake of EVs, heat pumps, and ‘getting off the gas’.

·    Shoalhaven Council has subscribed to the Australian Photovoltaic Institute (APVI) SunSpot tool which allows Shoalhaven residents and businesses to check on the suitability of their rooftops for solar PV systems.

·    The Revolving Energy Fund (REFund) has continued to fund projects with the most recent being the 100kW solar PV installation on the rooftop of the Ulladulla Civic Centre.

·    Council’s West Nowra Landfill site flared off the captured methane gas emanating from the waste cells during 2022-2023.  Total biogas captured in the 2023 financial year was 7,631,695 m3 – approx. half of which is methane gas.  Total carbon abatement from biogas captured in the 2023 financial year was 72,483 tonnes CO2-e.  The operation of the landfill gas generation facility by LGI Ltd to turn the biogas into renewable energy to feed into the grid is under development.

·    Shoalhaven City Council’s operations emitted a total of 73,250 tonnes of greenhouse gases (carbon dioxide equivalents or CO2-e) in 2022-23 (Scope 1, 2 & associated Scope 3 emissions). Between FY 21-22 and FY 22-23, Council’s annual emissions reduced by 17% from 88,263 tCO2-e, showing significant progress towards advancing Council’s net zero target.  This reduction can be attributed to several factors, including a reduction in electricity emissions as a result of renewable energy procurement through the new Power Purchase Agreement (PPA), as well as improvements in wastewater emissions calculations.

 

Report Recommendations for 2023-24

The following actions are priorities for implementation throughout 2023-24 for Shoalhaven City Council:

·      Continue to work with energy partner Flow Power to manage energy efficiency at all Large Sites and identify and implement demand management opportunities to reduce electricity costs and charges. This will include interrogation of real time electricity data from the recently installed kWatch controllers and engagement of Asset Custodians in energy savings opportunities;

·      Continue to identify and approve energy efficiency and renewable energy projects under the Revolving Energy Fund (REFund);

·      Continue to explore opportunities to electrify council assets and transition facilities away from gas. Of particular note is the opportunity to secure matched funding under the Community Energy Upgrade Fund. A feasibility study including costs and payback periods is in development (update – now completed) to transition the pool heating system at the Ulladulla Leisure Centre to an energy-efficient electric heat pump, so that this project is shovel-ready to take advantage of this grant funding. Council had previously approved the budget to upgrade the facility in FY 23-24. This funding will need to be confirmed to ensure that Council has sufficient matched funds to apply for the grant. There is also potential for the REFund to support additional solar generation at the site as part of these works;

·      Identify additional sites and funding opportunities for further solar PV installations at Council assets such as solar car shades, including solar farm development sites for Flow Power under Council’s Power Purchase Agreement for Large Sites;

·      Work with EV Charge Point Operators for the installation of EV Charging Stations at priority sites within the Shoalhaven LGA, along with smaller ‘destination’ Council EV chargers at Council assets;

·      Continue to work with Endeavour Energy/Ironbark on the upgrade of the remaining residential streetlights with energy savings LEDs;

·      Continue to support Endeavour Energy on the roll-out stage of the new Bawley Point/Kioloa community microgrid;

·      Develop an Emissions Reduction Plan to identify pathways to achieve Council’s net zero target;

·      Develop engaging and educational content for Council’s webpage on sustainability, emissions, and climate change for improved community engagement on local sustainability and energy actions, including the benefits of installing residential and business solar PV and batteries;

·      Deliver a range of community workshops and forums to reduce community emissions;

·      Continue to work with ISJO on the Regional Energy Strategy and Net Zero Emissions Project Control Group.

 

Update on Revolving Energy Fund

 

The Revolving Energy Fund (REFund) was established by Council in 2019 to provide funding for energy efficiency projects, such as solar installations and energy efficient lighting upgrades which reduce Council's billed energy use (sites where council pays the energy bill). The REFund can provide partial or total funding for eligible projects, and acts as a revolving fund where the financial savings achieved by projects are reinvested back into the REFund to enable new projects in the future.

 

Under the current REFund procedure, a project may be eligible for the REFund if:

 

·      The project would result in a reduction in Council's energy bills through improved energy efficiency

·      The project would result in energy savings that achieve a short payback period (3-5 year payback is considered ideal)

·      The building or site where the project would occur comes under the general fund (not a commercial asset such as Shoalhaven Water or Waste)

 

The REFund is open for applications at any time, and information is provided to staff to assist in submitting a project application on Council’s intranet. Projects seeking funding require approval from the asset custodian and are then assessed by a REFund Committee (comprising staff from financial services, procurement, building services, sustainability and energy management) and then presented to the Director of City Services for approval.

 

Project applications are assessed against the following criteria:

 

·    Estimated payback period for the project

·    Reduction in energy use and greenhouse gas emissions

·    Amount of funding requested from the REFund

·    Additional benefits of the project, including scope for Council publicity or community education opportunities

·    Risks associated with project implementation and payback

 

The REFund has funded a total of 10 projects across 8 sites. The total value of projects funded is $304,411 and the estimated annual savings across these projects is $95,731, achieving an average payback period of 4 years. These projects combined are estimated to reduce carbon emissions by 362 tonnes per year.

 

Projects which have been completed under the REFund include:

 

·    30kW of solar installed at Bomaderry Works Depot

·    30kW of solar and an energy efficient lighting upgrade at the Nowra Library

·    LED lighting upgrade across four Aquatic Centres and the Shoalhaven Entertainment Centre

·    LED lighting upgrade and large scale 99kW solar installation at the Ulladulla Civic Centre

 

Future projects currently being considered for the REFund include the installation of additional rooftop solar at the Ulladulla Leisure Centre as part of a broader energy efficiency upgrade for the facility.  The REFund reserve balance currently sits at $261,000, as of 1 Feb 2024.

Internal Consultations

The ‘Towards Net-Zero Emissions Report 2022-23’ was tabled at the Executive Management Team meeting on 5 December 2023. The EMT recommended that it be presented to Councillors via a report to Council.

Policy Implications

The Towards Net-Zero Emissions Report 2022-23 tracks Council’s performance against the net zero emissions targets adopted in the Sustainability and Climate Policy, as well as the Sustainable Energy Strategy 2020-2025. 

Moving ahead, annual reports on the delivery of Council’s Sustainability and Climate Action Plan will be prepared, encompassing all aspects of the Action Plan and associated Policy objectives.

Financial Implications

Many of the energy initiatives recommended are aimed at reducing electricity costs and therefore have potential cost savings for Council’s operational budget.

 


 

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CL24.34     Notice of Motion - Support for Valparaiso and Vins del Mar - Chile

 

HPERM Ref:       D24/45630

 

Submitted by:    Clr John Kotlash   

Purpose / Summary

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

 

Recommendation

That the CEO in conjunction with Mayor Findley:

1.    Write a letter of support to the Mayors of Valparaiso and Vins del Mar regarding the recent fires they are experiencing / have experienced.

2.    Share details of the Shoalhaven City Resilience into Recovery work, especially the Disaster Hubs, with the new CEO and the Local Government leaders in Chile. 

3.    Share our City's commiserations on their losses as we similarly did with the letter to Hawaiian Local Government leaders reflecting on the Currowan fire of 2019.

 

 

 


 

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Local Government act 1993

Chapter 3, Section 8A  Guiding principles for councils

(1)       Exercise of functions generally

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

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

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

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

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

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

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

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

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

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

(2)     Decision-making

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

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

(b)     Councils should consider social justice principles.

(c)     Councils should consider the long term and cumulative effects of actions on future generations.

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

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

(3)     Community participation

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

 

Chapter 3, Section 8B  Principles of sound financial management

The following principles of sound financial management apply to councils:

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

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

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

(i)      performance management and reporting,

(ii)      asset maintenance and enhancement,

(iii)     funding decisions,

(iv)     risk management practices.

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

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

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

 

 

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

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

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

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

(c)   Councils should develop activities, and prioritise actions, to work towards the strategic goals.

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

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

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

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

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

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