Ordinary Meeting
Meeting Date: Tuesday,
28 January, 2025
Location: Council
Chambers, City Administrative Building, Bridge Road, Nowra
Time: 5.30pm
Membership (Quorum - 7)
All Councillors
Clr
Patricia White – Mayor
Ward 1 Ward
2 Ward
3
Clr Jason Cox Clr
Ben Krikstolaitis Clr
Denise Kemp
Clr Matthew Norris -
Assist. Deput Mayor Clr Bob Proudfoot Clr
Gilliam Boyd
Clr Peter Wilkins -
Deputy Mayor Clr
Jemma Tribe Clr
Karlee Dunn
Clr
Selena Clancy Clr
Luciano Casmiri Clr
Natalee Johnston
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
Walawaani (welcome),
Shoalhaven City Council recognises the First Peoples
of the Shoalhaven and their ongoing connection to culture and country. We
acknowledge Aboriginal people as the Traditional Owners, Custodians and Lore
Keepers of the world’s oldest living culture and pay respects to their
Elders past, present and emerging.
Walawaani njindiwan (safe journey to you all)
Disclaimer: Shoalhaven City Council acknowledges and
understands there are many diverse languages spoken within the Shoalhaven and
many different opinions.
2. Moment of
Silence and Reflection
3. Australian
National Anthem
4. Apologies /
Leave of Absence
5. Confirmation
of Minutes
· Ordinary
Meeting - 21 January 2025
6. Declaration
of Interests
7. Presentation of Petitions
8. Mayoral Minute
9. Deputations and Presentations
10. Notices of Motion / Questions on Notice
Notices of Motion / Questions on Notice
CL25.19....... Notice of Motion - Mens Shed Organisations................................................ 1
11. Call Over of the
Business Paper
12. A Committee of the
Whole (if necessary)
13. Committee Reports
Nil
14. Reports
City Performance
CL25.20....... Ongoing Register of Pecuniary Interest Returns
- December 2024............. 2
CL25.21....... Investment Report - December 2024............................................................. 4
CL25.22....... Budget Strategies and Parameters - 2025/26.............................................. 10
City Services
CL25.23....... Update Report - Francis Ryan Reserve Amenities -
Grant Funding........... 16
City Development
CL25.24....... Proposed Submission - Cultural State
Environmental Planning Policy (Cultural SEPP)...................................................................................................................... 20
15. Confidential Reports
Nil
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Ordinary
Meeting – Tuesday 28 January 2025
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CL25.19 Notice
of Motion - Mens Shed Organisations
HPERM Ref: D25/21968
Submitted
by: Clr Bob Proudfoot
Purpose / Summary
The following Notice of Motion,
of which due notice has been given, is submitted for Council’s
consideration.
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Recommendation
That
Council direct the CEO to:
1. Prepare a historical report on the
evolution of the current financial commitment incurred by the Men’s
Shed organisations regarding leases, licences, rates, garbage collection and
other charges, over at least the past five years.
2. Make
comment on the capacity of Council to provide some form of financial relief
in the future, particularly as Council's own financial position makes a
significant turn for the better.
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Background
The Men’s Shed
organisations are a vital part of the social and wellbeing benefits experienced
by the many participants in their ranks. Various forms of fundraising
activities occurs across the several groups located within our city, with much
of the proceeds going towards administration costs. The Greenwell Point Men's
Shed people, for example, raise their funds by way of collecting bottles and
cans, converting this to cash, and then passing this onto Shoalhaven City
Council in order to pay for rates and so on.
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Ordinary
Meeting – Tuesday 28 January 2025
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CL25.20 Ongoing
Register of Pecuniary Interest Returns - December 2024
HPERM Ref: D24/531766
Department: Business
Assurance & Risk
Approver: Sara
McMahon, Business Assurance & Risk Manager
Purpose:
To provide Council with the Register
of Pecuniary Interest Returns from newly designated persons lodged with the
Chief Executive Officer for the period of 1 December 2024 to 31 December 2024
as required under Section 440AAB of the Local Government Act 1993 and Part 4.26
of the Code of Conduct.
Summary and Key Points for
Consideration:
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
|
|
Councillor
|
Natalee Johnston
|
03/10/2024
|
06/12/2024
|
|
Councillor
|
Selena Clancy
|
03/10/2024
|
17/12/2024
|
|
Councillor
|
Karlee Dunn
|
03/10/2024
|
17/12/2024
|
|
Councillor
|
Peter Wilkins
|
03/10/2024
|
19/12/2024
|
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.
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Recommendation
That the report of the Chief
Executive Officer regarding the Ongoing Register of Pecuniary Interest
Returns lodged for the period of 1 December to 31 December 2024 be received
for information.
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Options
1. That the report
be received for information.
Implications: Nil.
2. That the Council
may seek further information.
Implications: Further
information be provided to Council in future reports in line with the
resolution.
Background
and Supplementary information
This report is being submitted directly to the Ordinary
Meeting due to the requirements under the Code of Conduct and the Local
Government Act 1993.
Internal Consultations
Internal consultation is not
required as the process for Initial Pecuniary Interest forms is governed by the
Local Government Act 1993, the Model Code of Conduct and the Government
Information (Public Access) Act, 2009.
External
Consultations
External consultation is not
required as the process for Initial Pecuniary Interest forms is governed by the
Local Government Act 1993, the Model Code of Conduct and the Government
Information (Public Access) Act, 2009.
Community Consultations
Community consultation is not
required as the process for Initial Pecuniary Interest forms is governed by the
Local Government Act 1993, the Model Code of Conduct and the Government
Information (Public Access) Act, 2009.
Policy Implications
The obligations with respect to
the Pecuniary Interest Returns by designated officers are in accordance with
the Model Code of Conduct and the Government Information (Public Access)
Act, 2009.
Financial Implications
There are no financial
implications for this report.
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,
conflict of interests and limited transparency.
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Ordinary
Meeting – Tuesday 28 January 2025
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CL25.21 Investment
Report - December 2024
HPERM Ref: D25/5253
Department: Finance
Approver: Dane
Hamilton, Acting Director - City Performance
Attachments: 1. Monthly
Investment Review (under separate cover)
2. Statement of Investments
(under separate cover)
Purpose:
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.
Summary and Key Points for
Consideration:
Council’s total Investment
Portfolio returned 5.17% per annum for the month of December 2024,
outperforming the benchmark Aus Bond Bank Bill Index (4.53% p.a.) by 64 basis
points (0.64%).
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Recommendation
That Council receive the
Record of Investments for the period to 31 December 2024.
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Options
1. The report of
the record of Investments for the period to 31 December 2024 be received for
information, with any changes requested for the Record of Investments to be
reflected in the report for the period to 31 January 2025.
Implications: Nil
2. Further
information regarding the Record of Investments for the period to 31 December
2024 be requested.
Implications: Nil
Background and Supplementary
information
Investment Portfolio
Council’s investment
balance as of 31 December 2024 was $198.78 million and consisted of the
following types of investments.
The details of each investment held
by Council at 31 December 2024 is included in the Statement of Investments at Attachment
2.
The graph below illustrates
Council’s investments balance on a rolling 12-month basis. Timing
of expenditure and grant monies varies throughout the year which can cause
fluctuations in the overall balance at the end of each month.
Portfolio Return
For the month of December, the
total investment returns were a positive 5.17% p.a. outperforming Aus bond Bank
Bill Index (4.53%) by 64 basis points.
Investments
Graph 1 below, shows the
performance of Council’s Investment Portfolio 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
Investment Interest Earned –
December 2024
Much of Council’s cash is
restricted in its use to specific purposes by external bodies, legislation and
Council resolutions. Interest earned on externally restricted cash must
be allocated to those external restrictions in accordance with
legislation. The two tables below show the allocation of interest to each
applicable Fund.
Table 1 below, shows the
interest earned for the month of December 2024.
Table 1- Interest Earned for the
Month of December 2024
|
Fund
|
Monthly Original Budget
$
|
Actual Earned
$
|
Difference
$
|
|
General
|
296,224
|
483,933
|
187,708
|
|
Water
|
140,754
|
182,466
|
41,713
|
|
Sewer
|
54,485
|
126,933
|
72,448
|
|
Total
|
491,464
|
793,332
|
301,869
|
The interest earned for the month of December, was $793,332
compared to the monthly original budget of $491,464.
Investment Interest Earned -
Year to Date
Table 3
below, demonstrates how the actual amount of interest earned year to date has
performed against the 2024/25 budget.
Table 3 - Amount of
interest earned year to date, against the total budget.
|
Fund
|
Total Original Annual Budget
$
|
Actual
YTD
$
|
%
Achieved
|
|
General
|
3,487,804
|
2,794,726
|
80%
|
|
Water
|
1,657,263
|
1,283,501
|
77%
|
|
Sewer
|
641,521
|
661,741
|
103%
|
|
Total
|
5,786,588
|
4,739,968
|
82%
|
The interest earned in the general fund of
$2,794,726 includes interest earned on unspent s7.11 developer contributions
and Domestic Waste Management reserves, which is required to be restricted by
legislation. Interest earned on unspent s7.11 developer contributions is
$754,576 and Domestic Waste Management reserves is $316,126 to the end of
December 2024. This leaves $1,724,024 which is unrestricted however, the amount
of unrestricted interest is only slightly above YTD budget (above budget by
$146,764).
The
cumulative interest earned for the year (July to December)
was $4,739,968 which is 82% of the current full year original 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.
Internal Consultations
Not applicable.
External Consultations
Council’s investment
advisor, Arlo Advisory Pty Ltd.
Community Consultations
Not applicable.
Policy Implications
All investments have been placed
in accordance with Council’s Investment Policy.
Financial Implications
Council’s return on
investments are exceeding budget and a budgetary adjustment will be made as
part of the December Quarterly Budget Review to reflect current market rates
and interest forecast.
Risk Implications
All investments are placed with
preservation of capital the key consideration to prevent any loss of principal
invested.
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
POL22/78.
Katie Buckman Date:
23 January 2025.
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Ordinary
Meeting – Tuesday 28 January 2025
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CL25.22 Budget
Strategies and Parameters - 2025/26
HPERM Ref: D25/19809
Department: Finance
Approver: James
Ruprai, Acting CEO
Purpose:
To seek adoption of the budgeting strategies and economic parameters to
guide the preparation of the draft 2025/26 Budget.
Summary and Key Points for
Consideration:
· The
adoption of a high-level budget strategy and economic parameters by Council
enables staff to prepare the draft budget with an improved level of confidence
that the draft budget, following discussion at budget workshops and ultimately
presented formally for consideration, will meet Council’s expectations.
· The
adoption of a high-level budget strategy and economic parameters by Council
makes the budget preparation more transparent and efficient with strategic
priorities and budget constraints being identified in advance.
· Budgeting
strategies align with Council’s financial sustainability objectives,
ensuring council presents a balance budget with an emphasis on growing
unrestricted cash reserves, and focusing on asset renewal.
· Economic
parameters are set with reference to legislation and publicly available
economic data.
· No
borrowings are proposed for the FY2025/26 budget
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Recommendation
That Council adopt the
following budgeting strategies and guiding economic parameters for the
preparation of the initial Draft of the 2025/26 Budget to be
considered at future Budget Workshops:
1. Principal budgeting strategies:
a. The
budget will not result in an unrestricted cash deficit
b. Prioritise
funding in the following order:
i. Provide
sufficient funding for all continuing services
ii. Continue
Council’s commitment to asset renewal
iii. Continue
a program of capital improvements to address historic budget shortfalls
c. Maintain
or improve Council’s financial and asset management performance
indicators reported in the annual financial statements
d. Increase Council’s working
funds balance
e. Minimise
carry forwards through substantial completion and long-term planning of the
capital works program
2. Economic parameters for budgeting:
a. Rates
are increased by 12% (including rate peg) assuming Council’s
application for a Special Rate Variation (SRV) is approved by IPART. Should
the SRV not be approved, the 3.8% rate peg is to be applied.
b. User
fees and charges are increased by a minimum of 5%
c. Salaries
and wages are increased by 3%, plus bonus payable, as per the Local
Government (State) Award
d. Superannuation
guarantee is to be increased from 11.5% to 12% in line with legislated
increases
e. Materials
and other expenditures increase by 3%
f. The
capital works program is appropriately set in order to assist in the
management of Council’s financial sustainability challenges and to
ensure there is no reduction in Council’s unrestricted cash balance.
g. Consistent with Council’s Long
Term Financial Plan, no additional loan borrowing borrowings are to be taken
out in FY 2025/26
h. Should the need arise during the
year for additional funding, the following options will be considered:
i. Internal
borrowing opportunities
ii. Asset
rationalisation
3. Repairs to Council’s Road
Network be a primary focus of the initial draft of the Capital Works
Program.
4. Budget
Workshops be scheduled with all Councillors in the preparation of the draft
2025/26 budget which will include consideration of any recommended
re-prioritisation of capital works projects listed in the current Delivery
Program and Operational Plan.
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Options
1. Adopt the
recommendations
Implications: Management
would proceed to prepare the draft 2025/26 Budget guided by the strategies and
parameters.
2. Amend the
recommendations
Implications: Management would proceed to prepare
the draft 2025/26 Budget guided by the amended strategies and parameters and/or
report back to Council on the financial impacts of the amendments.
Background and Supplementary
information
Proposed Budget
Strategies and Parameters
The adoption of the following principal budgeting strategies
is proposed for the preparation of the draft 2025/26 Budget:
a. The
budget will not result in an unrestricted cash deficit
b. Prioritise
funding in the following order:
i. Provide
sufficient funding for all continuing services
ii. Continue
Council’s commitment to asset renewal
iii. Continue a
program of capital improvements to address historic budget shortfalls
c. Maintain
or improve Council’s financial and asset management performance
indicators reported in the annual financial statements
d. Increase
Council’s working funds balance
e. Minimise
carry forwards through substantial completion and long-term planning of the
capital works program
The following economic parameters are recommended for
adoption.
General Rates Increase
Independent Pricing and
Regulatory Tribunal (IPART) has set the rate peg for the 2025-26 financial year
using the new rate peg methodology. The rate peg applicable to Shoalhaven City
Council for the 2025/26 year is 3.8%.
Council is in the process of submitting an application to
IPART for a 12% (including rate peg) special rate variation. Council approved
the application at the 17 December 2024 Ordinary Meeting. The application is
due for submission to IPART by 3 February 2025. The outcome of IPART’s
decision will be known in May-June 2025.
Recommendation –
Economic Parameter 1
Rates are increased by 12% (including rate peg) should
Council’s SRV application be approved by IPART. If the application is
unsuccessful, rates are increased by the 3.8% rate peg.
User Fees and Charges
A recommendation from the AEC
Financial Sustainability Review (recommendation 1.b) was to:
“Review the pricing for
fees and charges (outside of statutory fees set by the State Government) and
ensure they reflect full cost price for services, as far as it is practical to
do so, without impacting significantly on access to services by the community”.
Given the increases in costs faced by Council, it is
reasonable to increase user fees and changes by an amount more than the rate
peg. In some instances, higher increases may be required. An assessment of
impacts on utilisation and affordability will be assessed in setting the fee or
charge.
Recommendation –
Economic Parameter 2
User fees and charges are increased by a minimum of 5%.
Employee Costs
The Local Government (State) Award was negotiated prior to
30 June 2023. The Award increase for 2025/26 is 3%, plus eligible employees
will be entitled to 0.5% of their salary (as at 30 June 2025) or $1000 from the
first full pay period from 1 July 2025, whichever is greater. Further, that the
superannuation guarantee is due to increase from 11.5% to 12% on 1 July 2025.
Recommendation –
Economic Parameter 3
Salaries and wages are increased by 3%, plus bonus payable,
as per the Local Government (State) Award.
Recommendation –
Economic Parameter 4
Superannuation guarantee is to be increased from 11.5% to
12% in line with legislated increases.
Materials and Other
Expenditure
Annualised CPI, Road, and Heavy
Construction indexes of 5% or more were common over the past three budget
cycles (2022-23 to 2024-25), however more recently published indexes indicate
the rate of cost increases in these areas is falling. A list of the relevant
indexes and their annualised rates are shown below.
|
Annual rate to quarter
|
Sep-2023
|
Dec-2023
|
Mar-2024
|
Jun-2024
|
Sep-2024
|
|
Heavy and civil engineering construction Australia
|
3.50%
|
2.65%
|
3.74%
|
3.41%
|
2.95%
|
|
Road and bridge construction Australia
|
4.83%
|
3.55%
|
4.18%
|
4.01%
|
3.38%
|
|
Road and bridge construction New South Wales
|
5.25%
|
3.74%
|
5.08%
|
5.37%
|
4.34%
|
|
Other heavy and civil engineering construction Australia
|
3.19%
|
2.42%
|
3.59%
|
3.26%
|
2.88%
|
|
CPI
|
5.40%
|
4.10%
|
3.60%
|
3.80%
|
2.80%
|
The most recent CPI and construction indexes show rates
below 3%, however the CPI figure is artificially low due to government
electricity rebates that took effect in that quarter. Further to this, rates of
inflation for the past three years generally exceeded the anticipated growth
rates in costs put forward in the Council’s budgets, so it is likely
historic shortfalls still exist. It is recommended that a 3% increase be
applied to each Material and Other Expenditure item representing a value that
is close to the current inflation rate as well as being the upper level of the
Reserve Bank of Australia’s inflation target of 2-3%
Recommendation –
Economic Parameter 5
Materials and other expenditures increased by 3%
The Capital Budget
General Fund
Improvements to Council’s
capital works planning and delivery have been implemented over the past 18
months. These include the establishment of the Enterprise Project Management
Office (ePMO), system improvements through Project Lifecycle Management (PLM)
software, consolidation of project delivery teams through structural reform,
and improved monitoring and reporting. These improvements resulted in a reduced
capital works program being adopted for 2024/25, and a reduction in capital
carry forwards/revotes from the 2023/24 year.
Council is working to continue
to reduce the capital budget for 2025/26 to ensure:
· Projects committed
can be delivered by the end of June 2025, reducing the amount of capital carry
forwards, and
· Council acts
responsibly and works within its current financial constraints
· Council does not
take on any new debt which was not already factored into the Long Term
Financial Plan
The 2025/26 capital program will
allocate funding based on priorities. Capital works will be categorised into
Categories 0, 1, 2 and 3. These are defined as follows:
· CAT0
o There is a
legal obligation to undertake the work or failure to undertake the work
would result in an unacceptable exceedance of Council’s risk appetite
o Project is
required to meet minimum acceptable obligations for a critical service
· CAT1
o Failure to
undertake project will result in significantly increased likelihood
that minimum levels of service will be compromised, significant
increase in operational costs and increased risk of loss of revenue
· CAT2
o Failure to
undertake project will likely increase operational costs and not arrest
declining service levels
· CAT3
o All other
projects, including discretionary upgrades, proactive renewals and new
assets
Information obtained through the
recent SRV community engagement process identified that improvements to
Council’s road network continues to be the highest priority of the
community. This is consistent with community satisfaction survey results, and
previous SRV consultation processes.
Where possible repairs to
Council’s Road Network be a primary focus of the initial draft of the
Capital Works Program. However, road related projects will be subject to the
same project categorisation as all other capital works projects 9as detailed
above).
Recommendation –
Economic Parameter 6
The capital works program is appropriately set in order to
assist in the management of Council’s financial sustainability challenges
and to ensure there is no reduction in Council’s unrestricted cash
balance.
Recommendation –
Economic Parameter 7
Consistent with Council’s Long Term Financial Plan, no
additional loan borrowing borrowings are to be taken out in FY 2025/26
Additional Funding
There are limited opportunities for Council to obtain other
funding for its budget. In the context of the overall budget, it would be
prudent for Council to consider internal borrowings, and asset rationalisation.
Recommendation –
Economic Parameter 8
Should the need arise for additional borrowings, the
following options will be considered first:
· Internal
borrowing opportunities
· Asset
rationalisation
Councillor workshops
Workshops will be held with all
Councillors during the preparation of the draft operational and capital budgets
including consideration of any recommended re-prioritisation of projects in the
current Delivery Program and Operational Plan.
Workshops will be held throughout March 2025 in anticipation
of presenting the draft budget to Council in late April/early May 2025.
Internal Consultations
Internal consultation has
occurred with the Enterprise Project Management Office, Senior Leadership Team
and Executive Leadership Team.
External Consultations
Nil.
Community Consultations
Nil.
Policy and Statutory Implications
Nil.
Financial Implications
Council is facing a difficult
task in presenting a balanced Draft 2025/26 Budget. Whilst Council has endorsed
an application for a Special Rate Variation for 12% (including rate peg), these
funds are for the purpose of rebuilding council cash reserves, and investment
in essential asset infrastructure renewals. The demand on the funds for
essential asset repairs will significantly outweigh the funding available.
Maximising opportunities to
increase income, in addition to general rates income, and managing inflationary
impacts will assist in achieving the primary strategy of presenting a budget
that does not result in an unrestricted cash deficit.
Risk Implications
Delays in approving budget
strategies and economic parameters, or changes to the approved parameters after
the fact, increases the risk that legislative timelines are not adhered to and
may result in breaches of the Local Government Act 1993.
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Ordinary
Meeting – Tuesday 28 January 2025
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CL25.23 Update
Report - Francis Ryan Reserve Amenities - Grant Funding
HPERM Ref: D25/2292
Department: Technical
Services
Approver: Carey
McIntyre, Director - City Services
Purpose:
The purpose of this report is to
provide Council with an update on the representations made to the New South
Wales Government, Stronger Country Communities Fund Round 4 (SCCF4), and
options for the repurposing of an existing grant for an amenities building at
Francis Ryan Reserve, in accordance with a related resolution (ref.
MIN24.350).
Summary and Key Points for
Consideration:
At the Ordinary Council meeting held on 24 June 2024, Council
considered an interim report in relation to a response to a Notice of Motion
concerning Francis Ryan Reserve amenities grant funding (MIN24.350).
Consistent with the Council’s resolution, staff have
continued to liaise with the Grant Management Office to identify options to
repurpose the funding.
This report provides the Council with an opportunity to
endorse a variation request to the Grant Management Office to repurpose the
funding allowing for upgrades to the existing Francis Ryan Reserve
amenities.
|
Recommendation
That
Council:
1. Receive the Update Report - Francis
Ryan Reserve Amenities Grant Funding, as an update on representations
made to the Grant Management Office - New South Wales Government –
Stronger Country Communities Fund Round 4, in accordance with
MIN24.350.
2. Endorse the submission of a grant
variation request to New South Wales Government – Stronger Country
Communities Fund Round 4 to repurpose the existing funding commitment to
provide for an upgrade of the current Francis Ryan Reserve Amenities.
|
Options
1. Accept the
recommendation as proposed.
Implications: Council
Staff will make a grant variation request to New South Wales Government –
Stronger Country Communities Fund Round 4 to repurpose the existing
funding commitment which will provide for an upgrade of the current Francis
Ryan Reserve Amenities. Any works delivered will need to be retained for a
minimum period of 5 years from project completion.
2. Adopt an alternative
recommendation, directing the CEO to not proceed with a variation request and
make an application to terminate the funding deed.
Implications: Council may
need to return the $159,200 of funding already received from the grant program.
Council‘s risk exposure to project cost escalations would be eliminated,
however this option would not meet the expectations of the
community.
3. Adopt an alternative
recommendation, to be confirmed by Council.
Implications: To be confirmed, pending the outcome
of Council’s deliberations on the matter. Council would need to provide
direction to the CEO via a revised recommendation
Background
and Supplementary information
Grant
Funding
On 21
September 2022, Council executed a funding deed to provide $398,000 toward the
replacement and upgrade of the amenities at Francis Ryan Reserve, Sanctuary
Point of which Council has received the first instalment of $159,000.
The
deliverables of this funding included new changerooms and a new amenities
building to be known as the Bob Proudfoot Pavilion.
At
Ordinary Meeting 25 March 2024 Council made the following resolution.
MIN24.142
That Council endorses placing the Bob Proudfoot
Pavilion construction (unfunded $1.4 million) on pause until the
Council’s financial position improves.
An
interim (update) report was considered at Council’s Ordinary Meeting on
24 June 2024 on the representations made to the
Stronger Country Communities Fund Round 4 (SCCF4) and options for the
repurposing of an existing grant for projects connected with the Francis Ryan
Reserve resulting in the following resolution:
MIN24.350
That Council:
1. Receive
the Interim Report - Response to Notice of Motion - Francis Ryan Amenities
Grant Funding, as an update on representations made to the New South Wales
Government – Stronger Country Communities Fund Round 4, in accordance
with MIN24.316.
2. Direct
the CEO (Director – City Services) to prepare a future report advising on
the repurposing of grant funding from the New South Wales Government –
Stronger Country Communities Fund Round 4, including options following
discussions with the grant administrator.
This
interim report actions recommendation 2 of MIN24.350
by providing an update on the representations made to the New South
Wales Government Stronger Country Communities Fund Round 4 regarding the
repurposing of the funding.
Grant
Management Office Discussions
Council
staff have continued to liaise with the grant management office concerning the
repurposing of the grant funding allocated to Francis Ryan Reserve amenities.
Two
repurposing options had been further discussed which included;
Option
One: Upgrades of the Existing Amenities and Facilities
Option
Two: Sub-surface Field Drainage
The
grant management office has indicated that it would be willing to consider a
variation for Option One: Upgrades of the Existing Amenities and
Facilities which Council believes still meets the key objective of the
grant - Development of new or upgrade of
existing infrastructure to encourage female participation in sport, such as
change rooms and amenities.
Further
advice was provided that the grant management office was unlikely to approve a
variation to repurpose the funding to provide for Option Two - sub-surface
field drainage, as the scope did not align to the original intent of
the approved grant scope which was to construct a new amenities building.
Based on
this advice no further options other than Option One was considered viable
for the purposes of a variation to rescope the project.
Option
One: Upgrades of the Existing Amenities and Facilities
In
consultation with the primary users of the amenities, the St Georges
Basin Rugby League Club, project scoping was undertaken with feasibility
investigations concluding that the grant funding available, together with
$70,000 Council received from an insurance claim related to the fire of the
existing building in 2022, would provide for an upgrade to the existing
building.
Option
Two: Sub-surface Field Drainage
With the
assistance of Council staff, a separate grant application has since been
submitted by the Rugby League Club to provide for sub-surface drainage to the
main field at Francis Ryan Reserve.
Proposed
Variation
Details
of the current grant scope and the proposed scope variation are identified
in Table 1 below.
Table 1 - Current Grant Scope and the Proposed Scope Variation
|
Current Scope
|
Proposed Scope Variation
|
|
Francis
Ryan Reserve, Sanctuary Point - Change Rooms/Amenities Building works to
include:
· Demolition
of existing building
· Site
works
· Construction
of amenities building, which includes:
o Two change rooms
that can be partitioned to create separate change rooms
o Public amenities
including accessible amenities
o Kiosk
o Referee change
room
o Communications
Box
o Fitness
space
o Storage
o Seating
o CCTV
o Covered Viewing
area
o Site Clean
up
· Site
Visit to be completed by DPIRD Economic Development Manager at
Completion
· Evidence
of funding acknowledgment required
|
Francis
Ryan Reserve, Sanctuary Point - Change Rooms/Amenities Building works to
include:
· Building
upgrades within the existing amenities/changerooms at Francis Ryan Reserve,
which includes:
o Two change rooms
that can be partitioned to create separate change rooms
o Upgrade to
existing Public amenities
o Upgrade to
existing Kiosk
o Upgraded shower facilities
o Referee change
room
o Seating
o Covered viewing
area retained
· Site
Visit to be completed by DPIRD Economic Development Manager at
Completion
· Evidence
of funding acknowledgment required
|
The
current program end date for SCCF4 projects identifies that all project works
needing to be completed / finalised by 21 September 2026. A variation request
would also be seeking an extension of time beyond the current approved
date of 31 August 2024.
A
condition of the grant is that Council is to maintain and not to demolish,
eradicate, remove, dispose of or otherwise interfere with (and obtain agreement
from each Approved Community Organisation to do the same) the infrastructure,
facilities or improvements (“assets”) created by the project for 5
years after the completion of a project.
The
replacement of the entire amenities building is currently being considered in
Council’s 10 year plan however if the project is to proceed with the
proposed variation, further reconsideration of funding the construction of the
Bob Proudfoot Pavilion would need to target a period in the latter half of the
10 year plan.
External Consultations
Council‘s
Project Delivery team have worked with both the senior and junior rugby league
clubs utilising the venue to develop concept plans that would see significant
upgrades to the amenities building.
Asset
Planners have actively engaged with the local rugby league clubs to assist
the preparation of a grant application by the club to provide for the
installation of Sub-surface field drainage. Further assistance has also been
provided to the clubs in their efforts to undertake fencing renewals at the
Francis Ryan Reserve.
Financial Implications
If a re-purposing variation is approved by the Grant
Management Office the remaining funding to be received of $238,800 will be
spilt in equal second and third instalments of $119,400, with the third
instalment provided on project completion.
Risk Implications
Council may be exposed to the
following risks in relation to this project:
· If the
funding body does not approve a repurposed variation request Council may
need to return all, or part, of the $159,000 in funding that Council has
already received on signing of the grant deed.
· Construction
cost escalations or latent conditions during construction works ( additional
costs that were always in existence, but which are revealed on commencement)
may increase the cost of any works to the existing building.
There is no further budget identified to fund any
overspends on the project. Initial
scoping of the achievable works for the available budget has included a 25%
contingency to reflect the risks of working with the existing structure.
|
|
Ordinary
Meeting – Tuesday 28 January 2025
Page
0
|
CL25.24 Proposed Submission - Cultural State Environmental
Planning Policy (Cultural SEPP)
HPERM Ref: D24/534685
Department: Strategic
Planning
Approver: Bruce
Gibbs, Acting Director - City Development
Attachments: 1. Draft
Submission - Cultural State Environmental Planning Policy ⇩
Purpose:
This report seeks
Council’s endorsement of a draft submission for provisions to the NSW
Department of Planning, Housing and Infrastructure (DPHI) on proposed changes
to the planning system to be implemented via a Cultural State Environmental
Planning Policy (Cultural SEPP) that aims to support a more vibrant 24-hour
economy.
Summary and Key Points for
Consideration:
· DPHI
is seeking feedback on an Explanation
of Intended Effect (EIE) for the SEPP that proposes changes to the
planning system to support more creative, hospitality and cultural uses
contributing to the 24-hour economy.
· The
proposed planning rule changes relate to current planning pathways for
entertainment uses, events, outdoor dining, food trucks, bicycle parking and
minor internal alterations and change of use. Guidelines for late night
hours of operation for food and drink premises and community events have also
been prepared for comment.
· The
aims of the proposed SEPP are supported ‘in principle’, however
there are some recommended additional inclusions, matters of concern and
aspects of the proposed changes that require consideration/clarification and a
draft submission has been prepared by staff for Council’s consideration
and endorsement.
|
Recommendation
That
Council:
1. Endorse and finalise the draft
Submission on the Explanation of Intended
Effect (EIE) for a proposed Cultural State
Environmental Planning Policy (Cultural SEPP) at Attachment 1 and
submit it to the NSW Department of Planning Housing and Infrastructure.
2. Receive a further report at the
appropriate point on the progression or outcome of the proposed reforms.
|
Options
1. As recommended.
Implications: This is the
preferred option and will enable Council to finalise its submission on the
proposed planning reforms. The aims of the SEPP are supported ‘in
principle’; however, the submission highlights a range of matters or
concerns that require clarification before proposed changes are made to
planning rules.
2. Make changes to
the draft submission and submit it.
Implications: This will
depend on the nature of any changes, noting that the due date for submissions
is 7 February 2025.
3. Do not make a
submission.
Implications: The opportunity to provide relevant
feedback and advocate on this matter will not be taken. This is not the
preferred option.
Background and Supplementary
information
DPHI released an Explanation of Intended Effect (EIE)
outlining proposed changes to the planning system aimed at creating a more
vibrant 24-hour economy in NSW, while supporting businesses and
communities. The SEPP proposes legislative changes to existing planning
instruments and forms part of the NSW government’s Vibrancy
Reforms.
The draft legislation or policy instruments to enact the
proposed changes have not been released for comment at this stage, and may not
be.
The EIE exhibition period
commenced on 15 November 2024 and concludes 7 February 2025. A draft submission
has been prepared by Council staff (see Attachment 1) and will be
finalised/submitted inclusive of any amendments made by Council.
Draft Submission
The relevant proposed changes in
the EIE and the matters raised in the draft submission are summarised below:
|
Policy
Proposal
|
Proposed
change
|
Council
staff response
|
|
Current
Planning Pathways
|
Expand non-refusal standards
in Clause 5.20 Standards that cannot be used to refuse
consent—playing and performing music of the Standard Instrument LEP
to include unlicensed venues and entertainment uses other than live music
(e.g. comedy / theatre).
|
Support for proposed
change as non-refusal standards apply only where the council is satisfied
that noise can be managed and minimised to an acceptable level.
|
|
Introduce new model conditions
of consent for entertainment uses to provide more consistency and
certainty.
|
Support in principle.
Request clarification -
that capacity numbers will continue to be determined by Council.
Recommendation - that
acoustic treatment model condition be expanded and an Impact Management Plan
model condition added.
|
|
Events
|
Allow more development through
the Exempt and Complying Development Codes SEPP (Codes SEPP) by increasing
the numerical standards for temporary structures (e.g. signs, booths, stages)
used at events.
|
Recommendation - DPHI
seek the advice of accredited professionals to determine what (if any)
increases to the current numerical standards might be appropriate.
Recommendation –
the Codes SEPP specify that isolated music and/or camping style events over
flood or bushfire prone land, or that require emergency egress via flood or
bushfire prone land, must be subject to a DA process.
Recommendation - that
development standards in the Codes SEPP be expanded to minimise impacts to
facilities during use.
Recommendation - that a definition of
‘Community Events’ be included in the Codes SEPP to aid clarity
and certainty.
|
|
Support events at major
precincts
|
Not applicable to Shoalhaven
|
|
Vivid Sydney
|
Not applicable to Shoalhaven
|
|
Allow temporary extended
trading hours for unlicensed businesses during special events (e.g.
festivals, agricultural shows) in line with the current provisions for
licenced venues.
Amend the definition of
‘special events’ to include events of local significance.
|
Support proposed changes
to planning controls.
Recommendation - that
Council is specified as the responsible authority for the nomination of
events to be declared a special event of local significance and the
applicable geographic area where the extended trading hours will apply for
such events to ensure certainty and transparency for the community.
|
|
Support events in town halls
and other Council facilities through amending planning or zoning controls.
|
Key barriers to use of
Councils town halls and other facilities noted including limitations due to
heritage status of assets and availability of funding to undertake facility
repair and upgrades.
Recommendation - that
new planning mechanisms be developed and appropriate funding provided to
address these barriers.
|
|
Outdoor
dining and food trucks
|
Permit the following via an
exempt development pathway through the Codes SEPP:
· Low
impact outdoor live performances at venues.
· Outdoor
dining patron increases.
|
Support in principle
subject to the following additional recommended requirements:
· Better
specification of what constitutes ‘low impact’.
· Require
a new council planning approval where businesses are seeking to hold events
outdoors frequently (and so attract more patrons).
· Specify
requirements for how outdoor patron capacities are calculated where not
included in an existing consent.
|
|
Extend existing exempt
development pathways for outdoor dining to farm gate premises.
|
Support for the amendment
as it will make it easier for outdoor dining to take place at farm gate
premises in line with other venues where dining takes place.
Note: Council
previously raised concerns about the Agritourism Planning Reforms when they
were first introduced.
|
|
Restrict the operation of mobile
food and drink outlets (MFDO’s) in residential and conservation zones
to a maximum of 30 days a year and investigate measures for food businesses
using shipping containers.
|
Support the proposed
new development standard.
Recommendation that
additional standards be developed to further minimise the impacts of
MFDO’s in residential and conservation zones, including restricting the
use of ancillary structures (e.g. tables and chairs).
Recommendation that
shipping containers used as a food and/or drink outlets should be subject to
formal development approval as a building (food premise).
Note: The proposed
provisions will not interfere/conflict with the application of
Council’s Management
of Mobile Food Vending Vehicles on Council Owned or Managed Land policy
(2016).
|
|
Changes
to the Business and Industrial Codes in the Codes SEPP
|
Allow a change of use and
minor internal alterations in the SP4 Enterprise zone in line with the
current provisions for business and industrial zones.
|
Shoalhaven does not currently
contain any land zoned SP4.
General support for the
amendment as it will facilitate the streamlining of minor development.
|
|
Create an exempt development
pathway so that all types of buildings can be retrofitted with bicycle
parking without needing approval via a complying development or DA pathway.
|
General support for new
exempt development pathway in line with Councils priority to encourage and
support active transport (as outlined in Council’s current Pedestrian
Mobility Access Plan and Bike
Plan and Draft
Active Transport Strategy).
Recommendation that
heritage buildings are excluded from the exempt pathway.
|
|
Guideline
|
Purpose
|
Council
staff response
|
|
Guideline
for Late Night Hours of Operation for Food and Drink Premises
|
Assist consent authorities
make decisions regarding new
development or modification
applications for the extended trading hours of a food and drink premises
located more than 500 metres from homes (known as an ‘extended trading
hours application’).
|
No feedback.
|
|
Guide
to Planning Pathways for Community Events.
|
Provide information about the
planning pathways available for community events on public land or those that
involve street closures.
|
Recommendation that the
guide be updated to reflect requirements set out in Transport for NSW (TfNSW)
Guide to Traffic and Transport Management for Special Events.
|
Internal Consultations
The draft Submission was
prepared with the assistance of staff in the City Development and City Services
Directorates.
External Consultations
No external organisations or
experts have been consulted given that this is related to a matter being
exhibited for comment by DPHI.
Community Consultations
Shoalhaven’s Business
Chambers and recipients of the NSW Government’s Uptown
Grant Program funding located within Shoalhaven were notified of the
exhibition of the EIE and advised to direct any submissions and enquiries to
DPHI.
Policy Implications
Should
the proposed changes be implemented, amendments will be made to the Shoalhaven
LEP 2014 (via the Cultural SEPP, no Planning Proposal will be required).
Relevant Sections of Council and the community will need to be made aware of
these changes to ensure adherence to any new standards.
Financial Implications
Should the proposed changes be
made, there may be an additional resourcing burden for Council to monitor
compliance for specific proposals, for example ensuring MFDOs are keeping to
the proposed new cap of 30 days of operation per calendar year in residential
and conservation zones and ensuring outdoor live music performances are meeting
noise requirements.
Risk Implications
There is potential that future
changes to current planning controls by DPHI via the Cultural SEPP could lead
to confusion within the community who are accustomed to the current development
standards and established procedures. This can be mitigated through ensuring
any changes that come into effect are appropriately communicated by DPHI and
Council to local stakeholders.
|
|
Ordinary
Meeting – Tuesday 28 January 2025
Page
0
|
|
|
Ordinary
Meeting – Tuesday 28 January 2025
Page
0
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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.