Ordinary Meeting

 

 

Meeting Date:     Tuesday, 11 March, 2025

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

Time:                   5.30pm

 

 

 

Membership (Quorum – 7)

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 Gillian 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 - 25 February 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

CL25.63....... Notice of Motion - Expansion of Senior Staff Contractual Matters Committee................................................................... 1

CL25.64....... Notice of Motion - Grant Policy Update................................... 2

CL25.65....... Notice of Motion - Community Consultation for Shoalhaven Family Day Care (SFDC) Stakeholders................................... 3

CL25.66....... Notice of Motion - Shoalhaven Family Day Care Administrative Function Transfer............................................. 4

CL25.67....... Notice of Motion - Formation of Shoalhaven Heads Dune Care Group............................................................................... 5

CL25.68....... Notice of Motion - Call in DA25/1028 - 30 Tallowa Dam Road, Kangaroo Valley - Function Venue / Camp Ground................ 9

CL25.69....... Notice of Motion - Resolution for Completed Developments with Works In Kind Agreements............................................. 10

CL25.70....... Notice of Motion - Road Closure - Banksia Street Vincentia. 12

CL25.71....... Notice of Motion - Code of Conduct - Media Appearances... 13

11.  Call Over of the Business Paper

12.  A Committee of the Whole (if necessary)

13.  Committee Reports

CL25.72....... Report of the Financial Review Panel - 18 February 2025... 14

FR25.9......... Additional Item - Materials Recovery Facility Risks - Independent Cosultant - Contract Lawyer - Review Waste Strategy

FR25.10....... Additional Item - Debt Recovery - Allocate Additional Resources - Examine Policy Position

14.  Reports

City Performance

CL25.73....... Tenders - Panel Contract - Trade Services........................... 18

City Services

CL25.74....... Report Back - Falls Road Bike Track Proposal..................... 24

CL25.75....... Report back - Plant and Fleet Service Review...................... 29

CL25.76....... Acquisition of Land for Road Widening - Part Lots 545 and 547 DP 8399 The Wool Road, Basin View............................ 35

CL25.77....... Tenders - West Nowra Material Recovery Facility - Design, Supply and Install Water Tanks............................................. 40

City Development

CL25.78....... Requested Endorsement for Exhibition - Draft Shoalhaven Local Approvals Policy........................................................... 42

CL25.79....... Post Exhibition Report - ‘The Gordon Timbs 45 Degree Rule’ (Amendment No. 57) Shoalhaven Development Control Plan 2014........................................................................................ 82

CL25.80....... Half Yearly Compliance Report.............................................. 89

Shoalhaven Water

CL25.81....... Tenders - Supply and Delivery of Equipment for Culburra Sewage Treatment Plant Upgrades....................................... 91

15.  Confidential Reports

Reports

CCL25.4...... Tenders - Panel Contract - Trade Services

Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and / or prejudice any person’s legitimate business, commercial, professional or financial interests.

CCL25.5...... Tenders - West Nowra Material Recovery Facility - Design, Supply and Install Water Tanks

Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.

CCL25.6...... Tenders - Supply and Delivery of Equipment for the Culburra Sewage Treatment Plant Upgrades

Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.

 

 

 

 

 

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

CL25.63     Notice of Motion - Expansion of Senior Staff Contractual Matters Committee

 

HPERM Ref:       D25/93522

 

Submitted by:    Clr Jemma Tribe

Clr Gillian Boyd 

Purpose / Summary

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

 

Recommendation That Council expand the Senior Staff Contractual Matters Committee to include: 1.    Assistant Deputy Mayor Matthew Norris, as a member of the Sub-Committee to undertake Delegations 1 and 2. 2.    An Additional Independent Member under Delegation 1 (and provide information as to the selection process of this Member).

 

Background

MM25.3 was raised at the Ordinary Meeting on 25 February 2025. A change to the recommendation was made that included the removal of Clr Norris to be replaced by Clr Proudfoot. Given that there is no restriction on the number of people the committee can include and calls from ratepayers to increase the number of ‘Independent’ external members, it is suggested that the committee be expanded to include the above.

 

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

CL25.64     Notice of Motion - Grant Policy Update

 

HPERM Ref:       D25/90934

 

Submitted by:    Clr Jemma Tribe   

Purpose / Summary

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

 

Recommendation That the Acting CEO consider adopting a policy whereby Council staff cannot refuse a grant that has been awarded to Council without a resolution from Councillors at an Ordinary Meeting.

 

Background

Councillors and the community are now learning that the $80,000 pledged to Shoalhaven Family Day Care from the Federal Government in 2024 was refused by Shoalhaven City Council without a resolution by the current or former Council. It has raised questions about Council’s processes and decision making and has had a significant impact on the recent SFDC debate.

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

CL25.65     Notice of Motion - Community Consultation for Shoalhaven Family Day Care (SFDC) Stakeholders

 

HPERM Ref:       D25/76351

 

Submitted by:    Clr Jemma Tribe   

Purpose / Summary

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

 

Recommendation That the Acting CEO: 1.    Pause exiting the Shoalhaven Family Day Care Service. 2.    Hold a community meeting to provide an opportunity for transparent/genuine engagement where stakeholders can directly raise their ideas/concerns before a further determination about the future of the service can be made.

 

Background

Shoalhaven Family Day Care’s 6 staff, 23 educators and 154 families were given only days’ notice about Councils recommendation to exit the service. The degree of impact on these individuals would be ‘high’ on the iap2 engagement matrix, however the level of consultation offered is less than ‘low.’ Many stakeholders learned about the proposed changes from an online petition that was launched just 4 days before SCC’s Ordinary Meeting on February 18. It attracted over 500 signatures.

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

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CL25.66     Notice of Motion - Shoalhaven Family Day Care Administrative Function Transfer

 

HPERM Ref:       D25/93322

 

Submitted by:    Clr Selena Clancy   

Purpose / Summary

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

 

Recommendation That Council: 1.    Transition Shoalhaven Family Day Care administration to suitable and agreed Independent organisation on or before 30 June 2025. 2.    For accounting efficiencies, it is prudent that the administrative functions of Shoalhaven Family Day Care transitions occur on or before 30 June 2025. 3.    That along with Council, a representative from Shoalhaven Family Day Care be included in the consultation and selection of the Independent provider.

 

Background

CL25.42 Shoalhaven Family Day Care – Service Review – Future Direction.

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

CL25.67     Notice of Motion - Formation of Shoalhaven Heads Dune Care Group

 

HPERM Ref:       D25/93373

 

Submitted by:    Clr Selena Clancy 

Attachments:     1.  Supporting photos ⇩   

Purpose / Summary

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

 

Recommendation That: 1.    Council work with the Shoalhaven Heads Community to establish a Dune Care Group 2.    The Dune Care Group could start from the Golf Club beach track to the southern Bird Park beach track, covering approximately 1km to 1.5 km.   3.    The Dune Care work would predominantly be in front of the Shoalhaven Heads Surf Club.

 

Background

Shoalhaven Heads is a thriving and proud coastal community in desperate need of dune care. Council is not able to provide a sufficient level of maintenance and therefore, the community are requesting that council support the establishment of the Shoalhaven Heads Dune Care Group to take over this role in accordance with D2 Cost care - Starting A Group.

A deputation, supported by a visual presentation will be provided at the Ordinary Meeting on 11 March 2025.

 

Note by the CEO

Bushcare is a general term that includes all volunteer groups across the Shoalhaven and includes Dunecare. Volunteers can apply online at any time after completing a volunteer induction. Apply to be a volunteer | Shoalhaven City Council

Shoalhaven Heads has two established Bushcare groups which includes a Shoalhaven Heads Golfers group. It is recommended that all volunteers work together as one group to coordinate resources and activities. The Shoalhaven Heads Bushcare Group Action Plan includes the sand dunes to the south of the surf life savings club. This Plan could be amended to include the Council managed Natural area up to Scott Street.

The land to the north of Scott Street, to the National Park is owned by the Crown and leased to the Shoalhaven Heads Golf Club. Working on this land would need permission from the Shoalhaven Heads Golf Club Ltd and possibly the Crown. The Shoalhaven Heads Golfers group predominantly works in the dunes along the front of the golf course to the National Park.

Council’s Coastal Management team have a projects in this area which include sand stabilisation and regeneration. This work could incorporate volunteers.

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

CL25.68     Notice of Motion - Call in DA25/1028 - 30 Tallowa Dam Road, Kangaroo Valley - Function Venue / Camp Ground

 

HPERM Ref:       D25/84510

 

Submitted by:    Clr Matthew Norris

Clr Selena Clancy   

Purpose / Summary

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

 

Recommendation That Council call in DA25/1028 30 Tallowa Dam Road, Kangaroo Valley due to significant community interest.

 

Background

Significant community interest would benefit a call in of this DA.

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

CL25.69     Notice of Motion - Resolution for Completed Developments with Works In Kind Agreements

 

HPERM Ref:       D25/91047

 

Submitted by:    Clr Luciano Casmiri   

Purpose / Summary

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

 

Recommendation That Council request the Acting CEO to ensure registration takes place without further delay with a mechanism to resolve the disputes for: 1.    Somerset Avenue (known as 70 Hillcrest Ave) South Nowra, work completed in dispute, 2.    Lot 4 DP 78956 Crowea Road (Island Point Road) St Georges Basin, work complete and in dispute, 3.    Moss Vale Road West (known as Moss Vale Rd South Stage 4), work is almost complete, valuations and WIKA not finalised.

 

Background

·     In the South of our city construction is the only real industry with 14% directly employed in construction plus manufacturing and retail supporting.

·     People who have purchased these lots need to get on and build and SCC start to collect rates payments.

·     Southern Cross Community Housing are proceeding with an Affordable Housing Development on Crowea Road St Georges Basin and need the disputed road project completed ASAP.

·     If sales of the lots fall over due to the SCC delay, in a softened market SCC could find itself defending claims in the Tens of Millions of Dollars.

 

Note by the CEO

The Notice of Motion relates to three specific proposed works in kind agreements:

·    Crowea Road St Georges Basin (known as the St Georges Basin WIKA).

·    Somerset Avenue South Nowra (known as the 70 Hillcrest Avenue, South Nowra WIKA).

·    Moss Vale Road West (known as the Moss Vale Road South Stage 4 WIKA).

Due to similar issues, the St Georges Basin and 70 Hillcrest Avenue, South Nowra WIKAs need to ‘travel together’. Each are discussed below:

St Georges Basin and 70 Hillcrest Avenue, South Nowra WIKAs

These proposed WIKAs were considered by the former Council on 12 August 2024 and it was resolved to defer it to a briefing of the new Council; and receive a report back following the briefing (refer to MIN24.434 and MIN24.435). The briefing was held on 12 December 2024. 

Following the briefing, the St Georges Basin developer supplied additional information to Council on 30 January 2025 and 26 February 2025.  This advice has delayed reporting back to Council due to the additional consideration required of the matters raised and the associated need to obtain legal advice.  

Council has now received contemporary legal advice that addresses a range of matters associated with these WIKAs that needs careful consideration.

In addition to the legal advice, in finalising the WIKAs it is critical that Council considers the:

·    Financial implications, especially impacts on its cash flow position (General Fund); and

·    Broader public interest.    

It is recommended that Council does not make a decision on these WIKAs before it has had the opportunity to consider the forthcoming staff reports. It is anticipated that Council will receive a report back on these WIKAs at an April meeting of Council. 

Moss Vale Road South Stage 4 WIKA

On 18 February 2025, Council resolved (MIN25.50) to finalise negotiations and enter into this WIKA.  As such, drafting has commenced on the legal deed, and execution will occur upon completion of that process. 

It is also noted that a Councillor briefing on developer contributions, including current works in kind and voluntary planning agreements, is on the list for scheduling.  This briefing will also cover the recent Notice of Motion on the review of Council’s contributions framework (MIN25.4 – 21 January 2025).

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

CL25.70     Notice of Motion - Road Closure - Banksia Street Vincentia

 

HPERM Ref:       D25/91123

 

Submitted by:    Clr Luciano Casmiri   

Purpose / Summary

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

 

Recommendation That the proposed closure of Banksia Street Vincentia be put on hold, until such time as an onsite inspection by councillors occurs, and the matter is further considered at a Council Meeting.

 

Background

This road reserve was left undeveloped to provide a view corridor so that a number of glimpses of Jervis Bay were retained from Elizabeth Drive, this concept was further enshrined by the development of the foreshore building code requiring additional side boundary setbacks for land adjoining the foreshore reserve.

 

Note by the CEO

Council is currently writing to all objectors for the Banksia Street Road closure, advising the matter will be reported to Council at a future date. Councils’ property team are liaising with Notifiable Authorities prior to preparing a final assessment of the road closure proposal for councils’ consideration.

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

CL25.71     Notice of Motion - Code of Conduct - Media Appearances

 

HPERM Ref:       D25/92926

 

Submitted by:    Clr Peter Wilkins   

Purpose / Summary

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

 

Recommendation That Councillors be reminded of their obligations under the Code of Conduct and if necessary, seek counsel from the Mayor, before undertaking radio/TV or other media interviews.

 

Background

The Council is being brought into disrepute frequently by some Councillors who find it necessary to criticise decisions of the Council and/or Councillors. Platforms are being used as self-promotional tools. Before specific examples, let’s revisit the Code of Conduct applying to Councillors when they take office.

Public Comment

3.24 The Mayor and the Chief Executive Officer are the official spokespersons of the Council.

3.25 If you are a member of staff, or a Chairperson other than a Councillor, you are given authorisation to make public comment to the media as an official spokesperson of the Council as set out in the Council’s media policy and/or expressly granted by the Mayor, Chief Executive Officer or their representative/delegate.

3.26 When making a public comment in your capacity as an official representative of the Council you must:

a.    defend and uphold the Council’s corporate and resolved position.

b.    not make any comment, written or verbal, that will bring Council, staff or Councillors into disrepute or are contrary to this code

c.    not divulge confidential Council information

d.    not breach the privacy of other Council officials or those that deal with the Council

e.    not make a comment that is offensive, humiliating, threatening or intimidating to other council officials or those that deal with the Council

f.     you must not make any comment about the Council that is misleading or deceptive

I am concerned that there has been a number of instances of behaviour in the last fortnight which may amount to breaches of the Code of Conduct.

As the Code of Conduct appears to be a toothless tiger in this regard, a NoM of this kind is needed to encourage Councillors to be more circumspect in media dealings and not use compliant media as a soapbox to further political ambitions and in doing so undermine the Council.

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

CL25.72     Report of the Financial Review Panel - 18 February 2025

 

HPERM Ref:       D25/85446

Attachments:     1.  Minutes - Financial Review Panel 18 February 2025 ⇩  

 

 

FR25.9       Additional Item - Materials Recovery Facility Risks - Independent Consultant - Contract Lawyer - Review Waste Strategy

Recommendation That given the significant financial implications facing Council and the risks associated with a project of this magnitude, the Financial Review Panel recommend Council to: 1.    Appoint an independent consultant to undertake financial, future operations and risk reviews of the future operation of the Materials Recovery Facility as a priority. 2.    Engage an experienced commercial contract lawyer to review and advise on Council’s position regarding potential future contract liabilities as a priority. 3.    Initiate a review of Council’s overall waste strategy as soon as practicable.

 

FR25.10     Additional Item - Debt Recovery - Allocate Additional Resources - Examine Policy Position

Recommendation That the Financial Review Panel recommend Council, as a matter of urgency, to 1.    Allocate additional resources to assist in the debt recovery process to accelerate the collection of outstanding rates, charges & other debts owed to Council. 2.    Examine applicable policy documents and its policy position in regard to debt recovery of rates, outstanding fees & user charges.

 

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

CL25.73     Tenders - Panel Contract - Trade Services

 

HPERM Ref:       D25/59139

 

Department:       Finance

Approver:           Katie Buckman, Chief Financial Officer  

Purpose:

The purpose of this report is to inform Council of the tender process for the selection of a Panel of Preferred Suppliers – Trade Services.

In accordance with the Local Government Act 1993 Section 10A(2)(d)(i), some information should remain confidential as it would, if disclosed, prejudice the commercial position of the person who supplied it.  It is not in the public interest to disclose this information as it may reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and / or prejudice any person’s legitimate business, commercial, professional or financial interests.  This information will be considered under a separate confidential report.

 

Summary and Key Points for Consideration:

Council sources services under a wide range of trade suppliers to supplement its internal operations.  The Preferred Supplier Panel streamlines the procurement / engagement process.  Staff source trade services directly from the Panel under contracted rates.

 

Recommendation That Council consider a separate confidential report in relation to Tenders – Panel Contract – Trade Services in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

 

Options

1.    Accept the recommendation

Implications: Consideration of a separate confidential report on the matter

 

2.    Council make a different resolution

Implications: This is not recommended as an extensive evaluation process has been undertaken by the Tender Evaluation Team in accordance with the Tender Evaluation Plan

 

Background and Supplementary information

Project Description

In October 2024, Council invited tenders for provision of Trade Services, with successful tenderers to be appointed to a Preferred Supplier Panel for a maximum period of two years.

This tender process is in line with best practice to ensure compliance with Council’s Purchasing Policy, the Local Government Act 1993 and NSW Tendering Regulations 2021.

The public tender was advertised in local newspapers, the Council’s website, and on Council’s e-tendering portal.  Suppliers identified as supplying trade services to the Council were advised of the tender release via email.  The tender closed on 14 November 2024.

The tender invited suppliers to enter into an agreement with the Council for the occasional provision of trade services for a maximum period of two years at rates submitted.  The tender document defined three trade zones - Northern, Central and Southern - for a range of trades as stated below:

·    Air-Conditioning Maintenance / Servicing ·    Building / Carpentry ·    Concreting ·    Electrical ·    Fencing ·    Glazing ·    Landscaping ·    Locksmith

·    Painting ·    Plastering ·    Poly Pipe Welding ·    Plumbing ·    Roofing ·    Signwriting ·    Tiling - Wall & Floor ·    Under Road Boring

 

Tendering

The Council called tenders for Panel Contract – Trade Services on 21 October 2024 which closed at 10:00 am on 14 November 2024.  A total of 77 tenders were received at the time of closing.  Details relating to evaluation of submissions are contained in the confidential report.  Submissions were received from the tenderers shown alphabetically in Table 1 as follows:

 

Table 1: Tendering Suppliers

Supplier Name	LG Base	Suburb / State / Postcode
All About Plaster (NSW) Pty Ltd	Shoalhaven	26 McKail St Ulladulla NSW 2539
All Worx Plumbing & Co Pty Ltd	Wollongong	5 / 143 Industrial Rd Oak Flats NSW 2529
Alpine Glass P/L	Shoalhaven	Cnr Meroo Rd & Concorde Way Bomaderry NSW 2541
Aqua-Assets Pty Ltd	Revesby	PO Box 625 Revesby NSW 2212
ARC Air Conditioning & Mechanical Services Pty Ltd	Wollongong	12 / 249 Shellharbour Rd Port Kembla NSW 2505
Batmac Constructions Pty Ltd	Shoalhaven	PO Box 213 Nowra NSW 2541
Blue Chip Building Solutions (Withdrawn by Tenderer Request)	N / A
Brian Hayward Electrical	Shoalhaven	581A Culburra Rd Wollumboola NSW 2540
CHILL OUT Refrigeration & Air Conditioning	Shoalhaven	352 Hawken Rd Tomerong NSW 2540
Climax Air Conditioning Pty Ltd	Shoalhaven	6 Norfolk Ave South Nowra NSW 2541
Conex Group	Penrith	PO Box 337 Stanhope Gardens NSW 2768
Country 2 Coast Maintenance	Wollongong	248 Princes Hwy Albion Park NSW 2527
Cove Custom Build & Design Pty Ltd t/as Cove Build	Kiama	59 Kiarama Ave Kiama Downs NSW 2533
Dalski Pty Ltd	Parramatta	5 / 743 The Horsley Dr Smithfield NSW 2164
East Coast Pipe & Civil	Shoalhaven	24 Peacehaven Way Sussex Inlet NSW 2540
Elite Plumbing AU	Campbelltown	231 Sproules La Glenquarry NSW 2576
Evison Little Pty Ltd	Shoalhaven	2 / 35 Cumberland Ave South Nowra NSW 2541
Evolve Electrical & Design Pty Ltd	Shoalhaven	17 The Lookout Manyana NSW 2539
Flavells Plumbing	Shoalhaven	63 Scott St Shoalhaven Heads NSW 2535
Fowlers Plumbing Services Pty Ltd	Shoalhaven	2 Bimbla Ave Dolphin Pt NSW 2539
Fulton Hogan Pty Ltd	Wollongong	2 Werowi St Dapto NSW 2530
Guise Family Trust T/as Ben Guise Electrical	Shoalhaven	19 Lake Conjola Entrance Rd Lake Conjola NSW 2539
Havencord Pty Ltd T/as Floodlighting Australia	Shoalhaven	235B Backforest Rd Backforest NSW 2535
Ian & Brigitte Smith	Shoalhaven	10B Fishermans Paradise Rd Conjola NSW 2539
Ian Greenhalgh Construction Pty Ltd	Shoalhaven	13 Tuckerman Rd Ulladulla NSW 2539
Ian Jorgenson Electrical & Data Pty Ltd T/aS IJED Pty Ltd	Shoalhaven	1 / 6 Victa Way Bomaderry NSW 2541
IEC Solutions Pty Ltd T/as Innovate Energy	Shoalhaven	43 Quinns La South Nowra NSW 2540
IMEEC Electrical Pty Ltd	Shoalhaven	250 Bolong Rd Bomaderry NSW 2541
Inter-Chillers Pty Ltd	Hurstville	50 Stanley St Peakhurst NSW 2210
Ison Family Trust T/as Ison Plumbing Pty Ltd	Shoalhaven	346 Comerong Island Rd Terara NSW 2540
J Quinn Pty Ltd T/as Kiama Electrical Services	Shoalhaven	3 Mathews St Shoalhaven Heads NSW 2535
Jamie Mennie Construction Pty Ltd	Shoalhaven	110 Berry St Nowra NSW 2541
Jas Wearne Building Services Pty Ltd	Shoalhaven	26 Riverview Rd Nowra NSW 2541
Everen Pty Ltd T/as Jervis Bay Installations	Shoalhaven	PO Box 161 Vincentia NSW 2540
Jervis Bay Plumbing	Shoalhaven	14 Currambene St Huskisson NSW 2540
Jim Freeman Plumbing Pty Ltd	Shoalhaven	27 Bolong Rd Bomaderry NSW 2541
JS & IS Management PTY LTD - Kangaroo Valley Painting & Decorating	Shoalhaven	1 Quirk St Kangaroo Valley NSW 2577
Knowles Constructions	Shoalhaven	Lot 3 Princes Hwy Wandandian NSW 2540
Lakeside Civil and Landscapes Pty Ltd	Shoalhaven	8 Blue Mist Cl Sussex Inlet NSW 2540
Lifestyle Plumbers Pty Ltd	Shoalhaven	466C Wheelbarrow Rd Woodburn NSW 2538
Makki Constructions Pty Ltd	Hustville	2 / 2-6 Lindsay St Rockdale NSW 2216
Mark Smith Plumbing P/L T/as Accredited Plumbing	Shoalhaven	2 / 243 Princes Hwy Ulladulla NSW 2539
Matt Stewart Builder	Shoalhaven	124 Garrads La Milton NSW 2538
Northern Fencing Specialists Pty Ltd	Shoalhaven	214 Princes Hwy South Nowra NSW 2541
Nowra Emergency Plumbing	Shoalhaven	14 Junction Street Nowra NSW 2541
NSW Building & Civil Pty Ltd	Hurstville	11 Loftus St Turrella NSW 2205
OCS Building & Maintenance T/as Midcity Group	Parramatta	3 / 12 Waterloo Rd Macquarie Park NSW 2113
Opus Contracting Pty Ltd	Shoalhaven	10 Tee Cl Worrigee NSW 2540
P & S Building & Construction Pty Ltd	Shoalhaven	5 / 176 Princes Hwy South Nowra NSW 2541
Parrish Group Pty Ltd	Shoalhaven	3 / 21 Trim Street South Nowra NSW 2541
Pascall Group Pty Ltd - Pascall Plumbing and Excavations	Shoalhaven	18 Woncor Ave Nowra Hill NSW 2541
Pearce & Percy Constructions Pty Ltd	Shoalhaven	2 / 9 Geary Pl North Nowra NSW 2541
Powercountry Pty Ltd	Shoalhaven	6A Victa Way Bomaderry NSW 2541
Precision Plumbing & Civil Aus	Shoalhaven	65 Wilfords La Milton NSW 2538
Pro-Asset Painting Maintenance Pty Ltd	St Leonards	47 / 6-8 Herbert St St Leonards NSW 2065
Protective Fencing Services (Nowra) Pty Ltd - PD & JD Taylor	Shoalhaven	12 Chapman St Callala Bay NSW 2540
QES Electrical Contracting Pty Ltd	Shoalhaven	315 Little Forest Rd Little Forest NSW 2538
R&K Refrigeration & Air Conditioning	Shoalhaven	8 / 31 Norfolk Ave South Nowra NSW 2541
Radi Pty Ltd	Campbelltown	5 / 5-7 Lone Pine Pl Smeaton Grange NSW 2567
Rebbeck Plumbing and Excavations	Kiama	22 Wilson Ave Gerringong NSW 2534
Relyon Constructions Pty Ltd	Caringbah	2a / 2 Resolution Dr Caringbah NSW 2229
Riverview Constructions (NSW) Pty Ltd	Shoalhaven	13 Argyle St Vincentia NSW 2540
Rogers Construction Group Pty Ltd	Wollongong	103 / 38 Atchison St Wollongong NSW 2500
S&N Watson Plumbing Services Pty Ltd	Shoalhaven	14 Tomerong St Currarong NSW 2540
Sherrin Rentals (Submitted in error)	N / A
Shoalhaven Under Road Boring Pty Ltd	Shoalhaven	554 Sussex Inlet Rd Sussex Inlet NSW 2540
Simpson Family Trust T/as Simpson Landscapes & Consultants Pty Ltd	Kirrawee	36 Monro Avenue Kirrawee NSW 2232
Southern Infrastucture and Hire Pty Ltd	Shoalhaven	1810 Princes Hwy Termeil NSW 2539
SW & SM Rosskelly T/a N&S Construction	Shoalhaven	50 Warrain Cres Currarong NSW 2540
The Trustee for Fine Line Painting Aust Unit Trust	Shoalhaven	Lot 3 / 164 Princes Hwy South Nowra NSW 2541
Trust Plumbing & Consultancy	Shoalhaven	9 Beachway Ave Berrara NSW 2540
Vogue Landscape & Civil Pty Ltd	Shoalhaven	37 Quinns La South Nowra NSW 2541
Wade Henry Electrical	Shoalhaven	987b Woodstock Rd Milton NSW 2538
Waratah Group Services	Ingleburn	1 / 3 Bosci Rd Ingleburn NSW 2565
Waterboys Projects Pty Ltd	Shoalhaven	257F Gannet Rd Nowra Hill NSW 2541
Wilson Hirst Carpentry Building & Maintenance Pty Ltd T/As One Stop Homes	Shoalhaven	3 / 126 Princes Hwy South Nowra NSW 2541
John Hills Signs Pty Ltd - LATE TENDER	Shoalhaven	4 Worthington Way Bomaderry NSW 2541

 

Internal Consultations

The Tender Evaluation Panel comprised key stakeholders from City Services and Shoalhaven Water.

 

External Consultations

Nil - Internal resources provided expertise to undertake this Tender.

 

Community Consultations

Current identified suppliers to Council and members of the expired Trade Services Panel were notified in writing before the Request for Tender release. The Tender was published on the Council website and released via Council’s e-tendering portal.

 

Policy and Statutory Implications

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

 

Financial Implications

Services will be delivered to various projects funded in the FY 2024/25 operating and capital works budgets, and subsequent years, for duration of the Panel Contract.

 

Risk Implications

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

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

CL25.74     Report Back - Falls Road Bike Track Proposal

 

HPERM Ref:       D25/30564

 

Department:       Technical Services

Approver:           Carey McIntyre, Director - City Services 

Attachments:     1.  Constraints - Falls Road Bike Track Proposal ⇩   

Purpose:

The purpose of this report is to inform Council on the viability of a temporary bicycle access along Falls Road, Falls Creek to improve cyclist safety during the Jervis Bay Road intersection upgrade in accordance with item 4 of MIN24.451 from the 12 August 2024 Council Meeting.

 

Summary and Key Points for Consideration:

·    Transport for NSW is currently constructing an intersection upgrade at the Princes Highway and Jervis Bay Road intersection.

·    Falls Road, road reserve comprises sections of formed road at each end with a section of unformed and undefined road reserve in the middle. The road reserve links the Princes Highway to Woollamia Road and is a potential alternative active transport route to using the Princes Highway and Jervis Bay Road intersection.

·    Portions of Falls Road contain obstacles to providing safe, legal access for cyclists.

 

Recommendation That Council receive for information, the report on the Falls Road Bike Track Proposal.

 

Options

1.    As recommended.

Implications: The Falls Road bike track will remain a long term, however lower priority project within Council’s Active Transport Strategy. Available resources and funding opportunities will be directed to higher priority projects within Council’s Active Transport Strategy and not the Falls Road Bike Track until a higher prioritisation is warranted.

 

2.    Council could consider deleting the Falls Road Bike Track proposal from the Active Transport Strategy (not recommended).

Implications: There is strategic merit to the proposal, as an alternative route for longer distance and recreational cyclists (compared to the current higher traffic / higher speed alternative route via the Princes Highway and Jervis Bay Road).

 

3.    Council could consider prioritising the Falls Road Bike Track proposal (not recommended).

Implications: There are currently no identified funds available, and the proposal does not currently rank high under the newly adopted Active Transport Project Selection Criteria (relative to other projects, city wide). Before work could commence budget would need to be identified and allocated for the planning and development phase of the project.

 

Background and Supplementary information

On 12 August 2024 Council resolved (MIN24.451):

That Council:

1.    Exhibit the draft documents (Active Transport Strategy 2024 – including PAMP and Bike Plan Updates) and associated Appendices, for a minimum of 30 days and delegate staff to make minor changes to prepare for exhibition as required.

a.    If feedback results in no significant changes, finalise the documents and deem adopted; or

b.    If significant adverse feedback is received, update the documents and report the outcomes to Council for final adoption - before December 2024.

2.    Thank Transport for NSW for collaboration and grant funding.

3.    Consider funding opportunities for adopted pathway networks, where appropriate, through the preparation of the new Contributions Plan project that is currently underway, or as part of a future plan update.

4.    Report back on a temporary bicycle access along the gated Falls Public Rd alignment due to the safety issues associated with the Jervis Bay Road intersection works and that this temporary legal access be subject to review in any future investigations for permanent access and any environmental impacts.

This report is in response to Item 4 above.

Falls Road connects the Princes Highway to Woollamia Road. Falls Road has 3 physically distinct sections;

·    Section 1: Princes Highway to 120 Falls Road – 1.2km of formed sealed road 4 – 6m wide.

·    Section 2: Bisecting 120 Falls Road – 0.9km of unformed, undefined and inaccessible road reserve.

·    Section 3: 120 Falls Road to Woollamia Road – 1.8km of seal road 4 – 7m wide.

Transport for NSW  (TfNSW) is currently constructing an upgrade to the Princes Highway and Jervis Bay Road Intersection. When works commenced in early 2024, Transport for NSW expected the project to take up to four years. Falls Road is a 3.9km potential alternate route to using the Princes Highway and Jervis Bay Road intersection.

Temporary Bike Access Constraints

There are constraints that prevent safe and legal access for cyclists to be able to use Falls Road as an alternative to Jervis Bay Road. Attachment 1 shows Falls Road and the current constraints to providing access to cyclists.

Section 1 and Section 3 can legally be used by cyclists. There is potential for conflict with drivers due to narrow road width however low traffic numbers reduce the risk.

Section 2 has the following constraints to providing a temporary access for cyclists;

·    The Council owned road reserve is not fenced and without survey data is indistinguishable from the surrounding private property.

·    The existing partially formed track is located on private property, not within the Council owned road reserve. If cyclists follow this track they will be unknowingly trespassing on private land.

·    The private property and Council’s road reserve are currently used for cattle grazing. Gates are located at the property boundary. If these gates were opened it would create challenges for the property owner in keeping cattle secure.

·    There are structures within Council’s road reserve blocking access.

·    There are trees within Council’s road reserve blocking access.

Future Investigations to Facilitate Permanent Access Including Environmental Impacts

To allow Falls Road to be used as an alternative to Jervis Bay Road for permanent cyclist access the following would need to be investigated and overcome:

·    A land survey to confirm the location of the existing road reserve.

·    A preferred alignment through 120 Falls Road would need to be adopted. Consideration being given to using the existing road reserve or if an alternate alignment avoiding existing constraints such as structures, trees and grazing operations is suitable.

·    Negotiation of any land transactions needed should an alternate alignment through 120 Falls Road be adopted.

·    Negotiation and consideration on how to delineate and secure the public section of road reserve with the adjoining private land.

·    The environmental impacts should the adopted alignment require tree clearing.

·    The level of service provided by the path, i.e. path material and dimensions, will need to be determined. The level of service level chosen would determine the cost both in terms of construction and maintenance.   

 

Internal Consultations

Internal consultation within the Technical Services team.

 

External Consultations

Nil for this report. No other agencies impacted at this stage.

 

Community Consultations

Nil for this report however, in 2019 community consultation was undertaken for the bike track as a permeant project which resulted in 12 submissions (one being a 59-signature petition). In summary, including the petition, 70 persons provided feedback in reply to the proposal, with the following result-

o  66 objecting (primarily property owners in the Falls Road and Hillside Ridge catchments, and those providing their support for those owners).

o  4 in favour (the 4 in favour were cycling groups).

In 2024 following the exhibition of the new Active Transport Strategy (26 August – 29 September 2024) an “exhibition outcomes” report was prepared and made available to the public via the Get Involved Page on 22 November 2024.

Feedback received during the exhibition of the Active Transport strategy is summarised as:

·    There were no responses received in support of the Falls Road Bike Track proposal during the exhibition period;

·    There were 4 objections to the Falls Road Bike Track proposal received during the exhibition period.

 

Policy and Statutory Implications

The content of this report has no anticipated impact on current policies or statutory requirements.

 

Financial Implications

Nil for this report. There is currently no funding identified for the project as either an interim or permanent bike path.

 

Risk Implications

Any risks to cyclists associated with the Princes Highway/Jervis Bay Road flyover construction site is the responsibility of TfNSW and their contractors who are very experienced in managing projects of that complexity and scale. 

While it is understood there is a desire to do so, there is no obligation for Council to provide an alternative temporary or permanent route for cyclists through Falls Road to alleviate risks as part of the TfNSW project.

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

CL25.75     Report back - Plant and Fleet Service Review

 

HPERM Ref:       D25/93595

 

Department:       Financial Sustainability

Approver:           James Ruprai, Acting CEO 

Attachments:     1.  Plant and Fleet Service Review Report - with redactions (under separate cover)    

Purpose:

The purpose of this report is to address the resolution to publish the AEC Plant and Fleet Service Review from the Ordinary Meeting of 25 February 2025 (MIN25.64). This report provides public access to the service review, provides an update on the organisation’s progress to achieve the recommended efficiencies, and outlines a plan for the outstanding actions.

 

Summary and Key Points for Consideration:

As part of the Financial Sustainability project, AEC Group (AEC) was engaged to complete a service review of Council’s plant and fleet management and operations. This work commenced in April 2024 and completed in June 2024.

A project was formed in September 2024 to implement the findings of the service review, under the financial sustainability project. The Director – City Services is the sponsor of the project. The project is resourced by the fleet manager, finance, procurement, IT, and identified operations managers that are heavy users of Council’s plant and fleet.

The project has implemented some of the recommendations so far, with ongoing work planned ensure that the maximum financial benefit and process efficiency is derived from the service review. The implementation of all of the recommendations requires a whole of Council approach to ensure consistent processes are applied across Council, and that all decisions regarding the provision of plant and fleet follow Council’s policies and procedures without exception.

 

Recommendation That Council receive the report on the AEC Plant and Fleet Service Review, in response to MIN25.64 from the Ordinary Council Meeting of 25 February 2025.

 

Options

1.    As recommended

Implications: The information will be received for information

 

2.    The Council requests further information or action from the Acting CEO with respect to the topic.

Implications: Additional information will be provided in a subsequent report to the Council.

 

Background and Supplementary information

As part of the Financial Sustainability project, AEC was engaged to complete a service review of Council’s plant and fleet management and operations. This work commenced in April 2024 and completed in June 2024. The engagement cost $65,000 (excl GST) and was conducted by a team of experienced and qualified members including a mechanical engineer and financial consultants who were onsite to meet with staff and review Council’s fleet and workshops.

The service review included:

·    Fleet Strategy, Policy and Objectives

·    Service demand

·    Service outputs (including the current profile of owned/hired/leased fleet)

·    Service efficiency and effectiveness

·    Financial, staffing and asset resource requirements

·    Data and information management

·    Utilisation of fleet and plant compared to benchmarks/comparisons

·    Whole of life management, including maintenance planning and workshop performance (internal and external)

·    Management of risk (financial, operational, safety, compliance, environmental)

·    Performance measures (utilisation, downtime, actual maintenance against schedules)

·    Historical financial performance, cost recovery and sustainability

·    Financial modelling of current and optimised operational and capital costs.

Once the service review was completed, AEC presented the findings and recommendations to the Executive Leadership Team and then to Councillors in a Financial Sustainability workshop.

A project management plan was then developed and approved in September 2024 to support the organisation in delivering the recommendations from the plant and fleet service review.

The following table outlines the agreed project deliverables and status:

Project Deliverable	Status	Actions completed to date	Outstanding Actions
Update Motor Vehicle Policy	In progress – March 2025 completion	Motor Vehicle Policy, leaseback agreement and car allowance agreement updated and approved by Executive Leadership Team.  First review by Consultative Committee in February 2025.	Documents to be formally adopted post Consultative Committee meeting in March 2025.
Review leaseback contributions paid by staff	Complete – March 2025	Leaseback contributions reviewed and maximum annual increase (10%) allowable by the Award has been applied as of March 2025.	Annual review process to ensure leaseback contribution is in line with benchmarking, and to ensure Council’s FBT liability is minimised.
Coloured fleet (passenger vehicle) review	Complete – February 2025	Review of current vehicle list complete. New vehicle list approved by Executive Leadership Team – the list has been expanded to include a wider variety of vehicles and price points to diversify fleet and reduce FBT exposure. Coloured fleet replacement period has been adjusted from 2 years to 3 years, with an ability to replace high utilisation vehicles ahead of this schedule to ensure maximum sale value is reached.	N/A - complete
Establish Plant and Fleet Working Group (PFWG)	Complete – October 2024	Terms of reference endorsed, and Plant and Fleet Working Group established.	N/A - complete
Sale of under-utilised plant and fleet	In progress – October 2025	First round of plant and fleet sales complete, with an additional $500,000 in sales to date (reported in FY25 QBR1)​ Second round of plant and fleet sales occurred in February, auction results are pending and will be reported in QBR3. PFWG have reviewed replaced assets still in use, with an agreed plan to return vehicles for sale. PFWG have reviewed under-utilised list to determine what can be sold.	The PFWG will continue an iterative review process to identify further opportunities to  rationalise plant and fleet across Council operations. Additional plant sales will be possible with the consolidation of parks maintenance into one team.
External plant hire	In progress – October 2025	Tender complete. High level process agreed at PFWG.	Detailed process mapping now underway. System changes,  development of training materials, and change management activities are required to transition to an improved external plant hire process.
10-year Plant and Fleet Replacement Program	In progress – December 2025	Council has an existing plant and fleet replacement program in OneCouncil.  This is extracted as an input into the current long-term financial plan process.	The 10-year plant and fleet replacement program requires system integration to better support integrated planning processes through the ePMO (currently manual). The 10-year plant and fleet programme will be adopted by Council in future years as part of the overall 10-year capital plan.
Performance reporting	In progress – April 2025	Fuel use monitoring in place. Meter readings are being monitored and process in place to address non-conformance. First round of fleet performance dashboards delivered.	Second phase of dashboards under development.
Fleet system improvements	In progress – October 2025	Fixed the fuel data load into OneCouncil.	Further fleet master data improvements and maintenance work orders to be updated with current data. Refresher training for workshop on work order system.
Revaluation and depreciation rates	Not started – December 2025	No action has been taken to date to revalue Council’s plant and fleet assets, due to resource constraints in fleet and finance.	Plan to revalue fleet asset based on useful life and determine appropriate depreciation rate.  This work will be scheduled later in 2025 based on availability of resource.
Adjusted hire rates	In progress – December 2025	An initial % increase to hire rates was applied in 2024 to ensure the fleet reserve balance was maintained.	A further review to be undertaken in FY26 to build a sustainable hire rate for future years to enable more strategic asset purchasing and disposal.
Fleet team changes	Not started – TBC	No actions have been taken to date to address the fleet team changes as the change require additional operational budget to fund the additional staff.	Consideration will be given in the future on how these positions could be accommodated in the budget.

AEC enquiry into assets with low utilisation

As part of the service review, AEC analysed Council’s plant and fleet by annual utilisation and compared the actual utilisation by industry benchmarks. This process identified a large potential benefit to Council by reviewing and disposing of these assets. This analysis did not consider the operational use of the item.

After receiving the report, significant work has been undertaken by the Plant and Fleet Working Group to review these low utilisation assets, considering their operational use, and identify plant and fleet that can be sold or needs to be retained. As part of this review, some plant and fleet has been sold or is on a sales list to action.

In many cases, the low utilisation plant and fleet on the list perform a specific operation of Council that is required to provide agreed services to the community. An example in Shoalhaven Water is a truck that attends an emergency water main break, that carries the equipment necessary to complete the emergency repair. The vehicle is on stand-by whilst the repairs are taking place and then transports the equipment to the next job. It is on the low utilisation list due to the time each day the vehicle is on stand-by but is absolutely required to enable Shoalhaven Water to attend to critical maintenance in a timely manner.

No Missing vehicles

There has been some media attention on Council, whereby it has been misrepresented that Council has lost 40 vehicles. This is not correct; all Council fleet is accounted for. The 40 vehicles referred to are list in appendix J of the attached service review document – labelled replaced assets still in use. When a vehicle is replaced, the old asset should be returned to the Fleet team to be sold. In some cases, this fleet is retained as temporary hire for an agreed period, to support temporary operational needs. This has been flagged by AEC as vehicles should be returned promptly when replaced with a new vehicle to be sold, to maximise the auction result and replenish the fleet reserve.

This list has been reviewed by the PFWG, and more than 20 vehicles have been identified to be returned to fleet and sold. The remaining vehicles are on temporary loan pending new asset deliveries, and to the Natural Disasters project, with the assets to be retained until the end of the Natural Disasters work.

All fleet related asset will continue to be monitored by PWFG to ensure that replaced assets are returned in a timely manner and considered for sale.

 

Internal Consultations

The project to implement the AEC service review recommendations has used the established Plant and Fleet Working Group as the primary source of internal consultation. The PFWG meets fortnightly, and workshops key findings and recommendations from the service review to ensure there is a whole of Council approach to improving our plant and fleet operation.

The Executive Leadership Team is updated weekly on the status of financial sustainability project actions, risks and issues – this includes the implementation of the plant and fleet service review.

As the implementation of some recommendations have an impact on staff, those changes are tabled for discussion at the Consultative Committee.

 

External Consultations

The service review on Council’s plant and fleet operation was completed by AEC and includes a benchmarking comparison with other Councils.

 

Community Consultations

No community consultation has been undertaken as plant and fleet is an internal operation of Council.

 

Policy and Statutory Implications

Council’s Motor Vehicle Policy and supporting documents are being reviewed and updated as part of the implementation of the Plant and Fleet Service Review.

 

Financial Implications

All savings associated with the implementation of the Plant and Fleet Service Review are being reported through the Financial Sustainability project. Council has realised $500,000 in income from the sale of excess plant and fleet so far. Further operational savings and process improvements will be reported in future quarterly reports and will help to improve Council’s long-term financial sustainability.

 

Risk Implications

The improvements being undertaken to Council’s plant and fleet operation will have a positive impact on the following corporate risks:

·    Financial – improved controls and monitoring of fuel usage

·    Corporate governance – the updated Motor Vehicle Policy and implementing other process and system improvements will improve plant and fleet compliance

 

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

CL25.76     Acquisition of Land for Road Widening - Part Lots 545 and 547 DP 8399 The Wool Road, Basin View

 

HPERM Ref:       D24/57866

 

Department:       Buildings & Property Services

Approver:           Carey McIntyre, Director - City Services   

Purpose:

The purpose for this report is to seek Council’s resolution to acquire land for road widening being part of Lots 545 and 547, DP 8399, The Wool Road, Basin View.

 

Summary and Key Points for Consideration:

Council has authority under section 177 of the Roads Act 1993 to acquire land for the purpose of road widening. Land acquired under this authority must be carried out in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 (‘Just Terms Act’). The Just Terms Act sets out compensation provisions for acquisition of land by a public authority. Council is obliged to attempt a negotiated outcome for acquisition of the land after which time acquisition by compulsory process can take place, if required.

Council resolution is required for the acquisition of land under section 377 of the Local Government Act 1993.

Dedication of the land as road under section 10 of the Roads Act 1993 is required to formalise Council’s ownership as a public road.

 

Recommendation That Council: 1.    Acquire by negotiation under section 177 of the Roads Act 1993 the land described as Lot 9 DP 1297755 (being part of Lot 545 DP 8399) and Lot 7 DP 1297755 (being part of Lot 547 DP 8399) The Wool Road, Basin View, shown on Figure 2 to this report, for road widening purposes comprising areas of approximately 185.1 sqm and 29.17 sqm respectively. 2.    Authorise the Acting Chief Executive Officer be delegated with authority to complete negotiations including compensation payable in the amount of $12,000 (excluding GST), if applicable, for Lot 9 DP 1297755 (being part of Lot 545 DP 8399), and $1,950 (excluding GST), if applicable, for Lot 7 DP 1297755 (being part of Lot 547 DP 8399) including minor adjustments in accordance with the market value assessment determined by independent certified valuer. 3.    Dedicate the identified acquired areas as public road pursuant to section 10 of the Roads Act 1993 including notice in the Government Gazette. 4.    Be responsible for all costs including landowner’s reasonable costs such as valuation, survey, plan registration, transfer and legal costs in accordance with the Land Acquisition (Just Terms Compensation) Act 1991. 5.    Authorise the Common Seal of the Council of the City of Shoalhaven to be affixed to any document required to be sealed and delegate authority to the Acting Chief Executive Officer to sign any documentation necessary to give effect to this resolution.

 

Options

1.    Adopt as recommended.

Implications: Council will acquire and dedicate the identified land providing legal ownership of the constructed road.

 

2.    Not adopt as recommended.

Implications: The identified land comprising constructed road will not be in Council ownership.

 

Background and Supplementary information

Lots 545 and 547 DP 8399 (No’s 99 and 95 The Wool Rd, Basin View) are vacant lots located between the villages of Basin View and St Georges Basin. The lots are densely vegetated with areas 1,504.92 sqm and 1,157.15 sqm respectively (see Figure 1) and have a planning overlay requiring 1 ha (10,000sqm) minimum lot size for dwelling entitlement.

Figure 1: Aerial map showing location of Lots 545 and 547 DP 8399 highlighted in yellow.

Constructed road exists over the front portion of the subject lots.

Lots 545 and 547 were included in Shoalhaven LEP 1985 (Amendment No 28), gazetted 4 August 1989.  Amongst other objectives, the LEP aimed to rezone the subject parts of Lots 542-547 Lot 8399 to ‘5(e) Local Road – Widening’. The lots were also affected by Development Control Plan 44 adopted by Council on 2 October 1990. Amongst other objectives, it included the intention ‘to provide for the dedication of land in subdivision for the widening of The Wool Road’, and ‘to improve driver sight distance to and from the Atherton Street intersection’.

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

Council resolved via MIN23.364 to acquire the road-affected parts of four neighbouring lots, at which time responses from landowners of Lot 545 and 547 were more protracted. Point 4 of the resolution (MIN23.364) was to ‘Continue negotiations with landowners of Lots 545 and 547 of DP 8399, with the aim of acquisition by agreement, subject to further Council report’.

Figure 2 depicts the areas identified for acquisition.

 

Figure 2: ‘Plan of Acquisition’ Deposited Plan 1297755 showing acquisition areas in yellow as indicated  as '9' (Lot 545 DP8399) and '7' (Lot 547 DP 8399), The Wool Rd, Basin View.

 

Agreement has been reached with the landowners of Lot 545 and 547 to the acquisition and compensation, subject to Council resolution. 

 

Internal Consultations

The proposed acquisition has been undertaken in consultation with Council’s asset custodian.

 

External Consultations

Independent valuation reports were commissioned from a certified practising valuer to assess the compensation amount.

Negotiations with the landowners have been undertaken in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

 

Community Consultations

Community engagement is not required for operational purposes such as land acquisition.

 

Policy Implications

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

 

Financial Implications

As required under the Land Acquisition (Just Terms Compensation) Act 1991, independent valuation reports were commissioned from a certified practicing valuer to establish the compensation amount for the land acquisition. The assessed and agreed compensation amounts are as follows:

Original Lot and DP	Land to be acquired identified in Plan of Acquisition as:	Area to be acquired (m2)	Agreed compensation (plus GST - if applicable)
Lot 545 DP 8399	Lot 9 DP 1297755	185.1	$12,000
Lot 547 DP 8399	Lot 7 DP 1297755	29.17	$1,950

Council will reimburse the landowner’s reasonable legal, valuation and other costs associated with the acquisition as required under the Act. These costs can ordinarily be expected to be in the range $5,000 to $10,000.

Because the parties have agreed on compensation amounts, Council will not need to activate acquisition by compulsory process.

Compensation to be paid to landowners and associated costs of the acquisition will be funded from Council’s existing budget. No unbudgeted costs will be incurred.

 

Risk Implications

Not acquiring the identified land would leave constructed public road in private title ownership. Council’s interests have been considered and there is minimal risk associated with the proposed acquisitions.

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

CL25.77     Tenders - West Nowra Material Recovery Facility - Design, Supply and Install Water Tanks

 

HPERM Ref:       D25/19980

 

Department:       Technical Services

Approver:           Carey McIntyre, Director - City Services  

Purpose:

The purpose of this report is to inform Council of the tender process for Tenders - West Nowra Material Recovery Facility - Design, Supply and Install Water Tanks.

In accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, some information should remain confidential as it would, if disclosed, prejudice the commercial position of the person who supplied it. It is not in the public interest to disclose this information as it may reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests. This information will be considered under a separate confidential report.

 

Summary and Key Points for Consideration:

In accordance with Section 178 of the Local Government (General) Regulation 2021, Council is required to consider the recommendation of the tender - West Nowra Material Recovery Facility – Design, Supply and Install Water Tanks.

 

Recommendation That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

 

Options

1.    Accept the recommendation

Implications: Consider a separate confidential report on the matter.

 

2.    Council make a different resolution

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

 

Background and Supplementary information

Project Description

Council is in the process of establishing a Materials Recovery Facility (MRF) at its existing West Nowra Waste Management Precinct. The MRF is designed to receive mixed recyclables from the Illawarra and Shoalhaven regions, initially capable of processing up to 24,000 tonnes per year. The facility aims to divert an additional 9,000 tonnes annually of recyclable materials away from landfills. Council's ownership and operation of this state-of-the-art MRF will offer increased adaptability in response to the ever-evolving industry. The MRF will incorporate advanced technology, including optical sorters and artificial intelligence, to ensure that recovered commodities meet or exceed market standards with less than 1% contamination. Moreover, it will generate job opportunities, reduce reliance on third-party services, lower recycling costs, enhance landfill diversion rates, and contribute to the transition toward a circular economy.

This tender was seeking to engage a suitably qualified and reputable company to undertake works for the design, supply and install of water tanks which will provide for essential firefighting requirements and capture storm water for re-use.

Tendering

Council called tenders for West Nowra Material Recovery Facility – Design, Supply and Install Water Tanks on 15 November 2024 which closed at 10:00 am on 10 December 2024. One tender was received at the time of closing and is listed in Table 1.

Table 1: Tenders Received

Tenderer	Location
Momentum Civil Group Pty Ltd	Brighton Le Sands

Details relating the evaluation of the tender are contained in the confidential report.

 

Internal Consultations

Council’s procurement team have provided procurement oversight of this tender to ensure that it meets the requirements of Section 178 of the Local Government (General) Regulation 2021.

The future operations managers of the facility, council’s Waste Services team, have been actively consulted throughout the project.

Further ongoing consultations are also occurring with council’s Project Governance team and Finance Team including the Chief Financial Officer, via regular project meetings.

 

External Consultations

External project engineers MI Engineers have been embedded within the project and provide expert reviews of project documentation and procurements.

 

Community Consultations

Project updates have been provided to the community via council’s project web page.

 

Policy Implications

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

 

Financial Implications:

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

 

Risk Implications

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

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

CL25.78     Requested Endorsement for Exhibition - Draft Shoalhaven Local Approvals Policy

 

HPERM Ref:       D25/34551

 

Department:       Strategic Planning

Approver:           Lindsay Usher, Acting Director - City Development 

Attachments:     1.  Draft Local Approvals Policy 2025 ⇩   

Purpose:

The purpose of this report is to provide an overview of the Draft Shoalhaven Local Approvals Policy (Attachment 1) and seek endorsement to proceed to public exhibition.

 

Summary and Key Points for Consideration:

Section 165 of the NSW Local Government Act 1993 (LG Act) requires that the Local Approvals Policy (LAP) of the Council be automatically revoked at the expiration of 12 months after the declaration of the poll for a Council election.

As such this report seeks the Council's endorsement for the exhibition of the new draft LAP for public comment. The draft LAP has been updated to reflect revised legislation and includes minor adjustments to the wording, as well as updates to several of the Council's recently revised policies.

 

Recommendation That Council: 1.    Endorse the public exhibition of the Draft Shoalhaven Local Approvals Policy (LAP) (Attachment 1) for 28 days and receive comments for 42 days from the commencement of the exhibition period, in accordance with Section 160 of the NSW Local Government Act 1993. 2.    Following public exhibition: a.    Obtain the consent/concurrence of the Chief Executive Officer (CEO) of the NSW Office of Local Government (OLG) for Part 1 of the draft LAP prior to adoption. b.    Seek delegation from the CEO of OLG to Council’s Acting CEO to make any required updates to the draft LAP that may be required following part 2a above. 3.    Subject to obtaining the consent of the CEO of the OLG for Part 1 of the Local Approvals Policy, receive a further report: a.    On the outcomes of the public exhibition, and b.    Seeking endorsement to adopt and finalise the policy.

 

Options

1.    As recommended.

Implications: This is the preferred option as it will enable the draft LAP to publicly exhibit and will give the community an opportunity to comment. The LAP enables Council to meet its obligations under the LG Act.

 

2.    Adopt an alternative recommendation.

Implications: This will depend on the alternative recommendation and could delay Council's implementation of the LAP.

Without an LAP in place, there would be confusion and uncertainty regarding approval pathways and the ability to undertake activities under Section 68 of the LG Act. 

 

Background and Supplementary information

An LAP applies to the regulatory function of Council to grant approvals under Section 68 of the NSW Local Government Act, 1993 (the LG Act).  Section 68 of the LG Act specifies that certain activities can only be carried out with the local approval of Council under the provisions of that Act, except in the case of local or legislative exemptions.

Local approvals are different to development consents under the NSW Environmental Planning and Assessment Act 1979. A local approval may be required in isolation (e.g., where a land use/activity is exempt or permitted without consent) or in addition to development consent. Activities requiring a local approval include activities on community land, installation of sewage management systems, footpath dining, street stalls, installation of caravans/manufactured homes, mobile food vans, water supply, sewerage, stormwater drainage work and the like.

The draft LAP has been prepared in accordance with the provisions of the LG Act and includes the following mandatory parts:

·    Part 1 - Exemptions – specifies the circumstances (if any) in which a person is exempt from the necessity to obtain a particular approval of the council.

·    Part 2 - Criteria – specifies the criteria (if any) which the council must take into consideration in determining whether or not to grant an approval to a particular activity.

·    Part 3 - Other Matters – specifies other matters relating to approvals not dealt with by the LG Act or Regulations, including information on the application process and supplementary documentation.

Council currently has an adopted Shoalhaven Local Approval Policy in place; however, the LG Act requires councils to readopt an LAP within 12 months of an election. As such, the draft LAP (Attachment 1) is being reported to Council with a recommendation to proceed to public exhibition to meet this requirement.

The Policy has been updated with minor amendments to address changes to technical requirements and administrative updates and modifications to the names of legislative documents.

 

Internal Consultations

The draft LAP (Attachment 1) has been prepared with significant input from the relevant sections of Council that issue local approvals. It is based on the current LAP that is in place, with proposed amendments/inclusions highlighted in yellow, with strikethroughs identifying proposed removals. The key proposed changes are summarised in the table below, broken up by relevant section of Council:

 Table 1: Summary of amendments to the current Local Approvals Policy

Section of Council	Amendment to Draft Local Approvals Policy
Strategic Planning	·      A number of administrative updates and modifications to the names of legislative documents, including the combined State Environmental Planning Policies, guidelines, and references to Council policies. ·      Restructured the information required in 1.2 Application. ·      Updated lodgement processes (NSW Planning Portal).
Building and Property Services	·      Update footpath and outdoor dining criteria.
Environmental Health	·      Restructured criteria, relevant legislation, policy and advice for Mobile Food Vending Vehicles in a public place. ·      Update to additional criteria for all Ice Cream Vans only operating in a public place. ·      Inclusion of a note providing users clarification under Section A: Legislative Exemptions regarding tiny homes. ·      Update to criteria related to installation of solid fuel or domestic oil heater to align with the Shoalhaven Local Environmental Plan 2014. ·      Inclusion of additional legislative criteria relating to sewage management facilities, including sewage management facilities and mechanical waste treatment devices. ·    Inclusion of additional local exemption for the manual collection and re-use of grey water via a small bucket or similar receptacle.
Shoalhaven Water	·      Inclusion of the Building Over Water/Sewer Pipelines Policy. ·      Updated reference to several policies. ·    Updated references to the Liquid Trade Waste Management Guidelines 2021. ·      Refinement of criteria and factors for certain activities that generate waste and dispose of liquid trade waste into the sewer of the council.   ·    Restructured the information required for the registration of new cross connection and backflow prevention devices.
Business & Events	·      Update information to criteria to ‘construct a temporary enclosure for the purpose of entertainment’ to include the relevant policies.

It is recommended that the draft LAP now be placed on exhibition for community feedback in accordance with Section 160 of the LG Act.

As the draft LAP includes local exemptions under Part 1 (Exemptions from the Necessity to Obtain Approval), consent is required from the Chief Executive Officer (CEO) of the NSW Office of Local Government (OLG) for the adoption of that part prior to Council finally adopting the Policy. Any changes required by the OLG will be reported back to Council with the outcomes of the public exhibition.

 

External and Community Consultations

Section 160 of the LG Act requires the draft LAP must be publicly exhibited for a period of not less than 28 days. The public notice must also specify a period of not less than 42 days after the date on which the draft policy is placed on public exhibition, during which time submissions may be made to the Council.  Following public exhibition, a report back to Council will be prepared to consider submissions received during the 42-day period.

Resilience NSW will be consulted during the exhibition period regarding the Temporary Recovery Pod Accommodation Program, content of which currently remains in the draft LAP.

 

Policy and Statutory Implications

The draft LAP has been prepared in accordance with the LG Act and the Local Government (General) Regulation 2021.

The draft LAP improves the procedural transparency of Council’s decision-making process associated with approval activities and it would be in the best interest of Council to progress the draft LAP to exhibition and then finalisation (with any changes as required), to enable Council to meet its obligations under the LG Act.

 

Financial Implications

There are no direct financial implications for Council in adopting the recommendations in this report.

The public exhibition of the draft LAP will continue to be resourced from the existing Strategic Planning budget.

 

Risk Implications

Under Section 77 of the LG Act, Council is required to bring the relevant matters relating to local approvals to the notice of intending applicants.

In accordance with Section 165 of the LG Act, all LAPs are automatically revoked 12 months after the declaration of the poll for a general Council election. As such, Council needs to commence the process to adopt a new LAP for the current Council term, otherwise Council will be unable to issue approvals for activities under Section 68 of the LG Act. Without a LAP in place, certain activities will not be able to be undertaken in Shoalhaven, which is not a good outcome generally for the community.

 

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

CL25.79     Post Exhibition Report - ‘The Gordon Timbs 45 Degree Rule’ (Amendment No. 57) Shoalhaven Development Control Plan 2014.

 

HPERM Ref:       D25/27069

 

Department:       Strategic Planning

Approver:           Lindsay Usher, Acting Director - City Development  

Purpose:

The purpose of this report is to consider the submissions received during the formal public exhibition of Amendment No.57, ‘The Gordon Timbs 45 Degree Rule’ exemption in Chapter G4: Tree and Vegetation Management of the Shoalhaven Development Control Plan 2014 (DCP), and references in Chapter N20: Jerberra Estate of the DCP.

 

Summary and Key Points for Consideration:

·    Council resolved to amend the 45 Degree Rule (the Rule) in the DCP on 14 October 2024 (MIN24.498) – a background to the more recent 45 Degree Rule amendment processes is available on the Councillor portal.

·    The exhibition period for the proposed amendment has concluded and submissions have been reviewed for Council’s consideration.

·    The report enables Council to consider how to finalise the matter.

 

Recommendation That after considering the content of this report, Council select one of the options outlined in the report to proceed.

 

Options

Council could choose one of the following, or a variation thereof, noting that the options are listed in an order based on the community feedback received via submissions during the exhibition period.

1.   Retain the current 45 Degree Rule Exemption (Amendment No. 54 - current trial rule).

Implications: This is the current version of the Rule, known as the 12-month trial. Submission feedback indicates this is the preferred option, with 65.78% of the submissions received supporting retaining Amendment No.54 as is currently in place. To facilitate this option Council would also need to discontinue/not proceed with the amendment process.

Wording for a possible resolution in this regard could be as follows:

That Council:

1.   Not proceed with Amendment No. 57 to Chapter G4: Tree and Vegetation Management and Chapter N20: Jerberra Estate of the Shoalhaven Development Control Plan 2014 and retain the existing content of Amendment No. 54 as Council's formal policy position on the 45 Degree Rule.

2.   Notify the decision not to proceed in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and Regulations, which includes Council's reason for the decision.

3.   Collaborate with the Department of Climate Change, Energy, the Environment and Water to develop a "Call Before You Clear" initiative to help residents understand the necessary approvals for tree removals.

4.   Advise those who made a submission and key stakeholders, including key relevant tree removal operators working in the Shoalhaven Local Government Area, of this decision.

 

2.   Adopt ‘The Gordon Timbs 45 Degree Rule’ Exemption (Amendment No. 57), as exhibited.

Implications: This would revert the Rule back to a previous version.  Submission feedback indicates this is not the preferred option, with only 34.22% of submissions received supporting progressing the exhibited Amendment No.57.

Wording for a possible resolution in this regard could be as follows:

            That Council:

1.   Adopt Amendment No. 57 to Chapter G4: Tree and Vegetation Management and Chapter N20: Jerberra Estate of the Shoalhaven Development Control Plan 2014 as exhibited.

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

3.   Collaborate with the Department of Climate Change, Energy, the Environment and Water to develop a "Call Before You Clear" initiative to help residents understand the necessary approvals for tree removals.

4.   Advise those who made a submission and key stakeholders, including key relevant tree removal operators working in the Shoalhaven Local Government Area, of this decision.

 

3.   Council could choose to adopt an alternative recommendation.

Implications: This will depend on the nature of any changes and could delay the finalisation of the amendment and/or require a further period of public exhibition.

Alternatives could include the following (not exclusively), noting the number of submissions that specifically commented on these matters:

·    Retention of Amendment No. 54 with changes, which could include:

-  Changing the name of the Rule to the ‘The Gordon Timbs 45 Degree Rule’ exemption (144).  An adjustment to Chapter N20: Jerberra Estate of the DCP would also still be required.

-  Implementing a mandatory compensatory mechanism whenever a tree removal takes place (16).

-  Removing the notification requirement (0).

-  Removing the requirement for the tree to be removed by a qualified arborist (0).

 

·    Reversion to Amendment No. 57 (previous version of the Rule) with changes, which could include:

-  Require a suitably qualified and experienced Arborist to remove the trees (32).

-  Include the notification requirement (18).

-  Not changing the name of the Rule to the ‘The Gordon Timbs 45 Degree Rule’ exemption (257).  No changes to Chapter N20: Jerberra Estate of the DCP would be required.

-  Inclusion of the criteria that the Rule cannot be used for trees situated beyond the boundary of the lot where the lawfully erected building is located (1).

-  Inclusion of the criteria that the tree is not to contain hollows and/or nests (13).

-  Implementing a mandatory compensatory mechanism whenever a tree removal takes place (16).

·    Not participate in the Department of Climate Change, Energy, the Environment and Water to develop a "Call Before You Clear" initiative.

Potential alternate wording would ideally be discussed with Council staff prior to the meeting if needed.

 

Background and Supplementary information

The Rule is an exemption to obtaining approval for tree removal on non-rural land (any zone other than RU1 to RU4). It applies when any part of a tree is within a 45 degree area extending from a lawfully erected building (including a dwelling or outbuilding). The Rule has been in effect since 2004.

In 2023, Council (MIN23.277) resolved to support a 12-month trial to the 45 Degree Rule exemption (Amendment No. 54), which introduced a number of additional criteria to the Rule and how it operates. The submissions received during the recent public exhibition period indicated overall community support for a refinement of The Rule. The 12-month trial currently in place allows for the removal or substantial pruning of a tree if it poses a short-term risk (less than one year) to a lawfully approved building, subject to specific criteria, and enables the collection of data. Trees that are dead or an imminent risk can be removed outside of the Rule exemption (subject to certain conditions).

On 14 October 2024, Council resolved (MIN24.498) to take the necessary steps to revert the Rule back to the previous version that was in place prior to 16 August 2023.

45 Degree Rule 12 Month Trial - Overview:

The trial period, which began on 16 August 2023, introduced several changes:

·    The tree must pose a short-term risk (less than one year).

·    The tree must be on the same lot as the lawfully approved building.

·    The tree must not contain hollows or nests or be on a slope greater than 18 degrees.

·    The tree must be removed by a qualified and experienced Arborist (was initially AQF Level 3 Arborist).

·    The landowner must notify adjoining landowners and Council at least five business days prior to removal.

The 12-month trial concluded on 16 August 2024; however, the trial changes currently remain in force as the DCP must be formally amended to adjust the exemption.

On 14 October 2024, following consideration of a Mayoral Minute (MM24.33), it was resolved (MIN24.498) that Council:

1.   Take the necessary steps to formally amend Chapter G4, Tree and Vegetation Management in the Shoalhaven Development Control Plan (DCP) 2014, to revert it back to the 45 Degree Rule Exemption version that was in place prior to 16 August 2023.

2.   Reference the current name, “45-degree rule”, as “The Gordon Timbs 45 Degree Rule” in all Council documents.

3.   Integrate a native tree species list into the 45 Degree Rule.

Public Exhibition and Submissions

The draft amendment (Amendment No. 57) to the DCP, resulting from MIN24.498, was publicly exhibited for a period of at least 28 days, from 30 October to 29 November 2024. The exhibition included a Draft Chapter G4: Tree and Vegetation Management and a Draft Chapter N20: Jerberra Estate, along with an Explanatory Document that outlined the proposed changes.

Notification of the exhibition was through Council's website, a media release, social media posts, and Council’s “Get Involved” page. The exhibition material was accessible both online and at Council's offices located in Nowra and Ulladulla. Additionally, 24 Community Consultative Bodies and 54 industry stakeholders were directly informed of the exhibition.

A total of 414 submissions were received during the exhibition period, including three from community groups and six from tree removal operators (industry representatives).

Submissions gathered via the “Get Involved” page were structured in a survey format that posed three specific ‘yes’ or ‘no’ questions. These questions aimed to ensure that each component of Council's resolution was considered/addressed. Respondents also had the opportunity to provide supplementary comments.

Of the total submissions, 391 were received through the “Get Involved” page, while the remainder were submitted via Council's Exhibition page or email (23).  Some of the submissions received through email or the exhibition page did not address all components of the resolution, which is reflected in the total numbers presented in Table 1 below.

Key Findings from Submissions Received:

As illustrated in Table 1 below, the feedback received from the community:

·    Supports the retention of the Rule currently in place (the 12-month trial) (271 - 65.78%).

·    Does not support the proposed name change from "45 Degree Rule" to "The Gordon Timbs 45 Degree Rule" (257 – 64.09%).

·    Supports the inclusion of an optional native tree species replanting list (286 - 71.50%).

Table 1: Submission Table

Survey Question	Yes, I support	No, I do not support	Total	Did not address
1. Do you support the proposed amendment to revert the 45 Degree Rule exemption to its previous version (version 4), which was in effect before the 12 month trial period began on 16 August 2023?	141 (34.22%)	271 (65.78%)	412	2
2. Do you support changing the name of the exemption from "45 Degree Rule" to "The Gordon Timbs 45 Degree Rule".	144 (35.91%)	257 (64.09%)	401	13
3. Do you support the inclusion of a native tree species replanting list relating to the 45 Degree Rule exemption? Replanting would not be compulsory and only provides guidance if required.	286 (71.50%)	114 (28.50%)	400	14

332 of the 414 submissions provided additional comments. Feedback has been categorised into 18 key themes.

Table 2 below presents the themes raised in the additional comments, based on how frequently each theme was explicitly mentioned and has been arranged according to number of mentions.

Table 2: Themes table

Theme	Number of Mentions
Need for tree protection/preservation	98
Concerns regarding environmental impact of tree removal	68
Lack of transparency/accountability (Council should be more transparent about decision making processes regarding tree removal, data collection is important, the trial results should be made publicly available)	42
Concerns regarding adverse loss of urban canopy	33
Support for a qualified arborist	32
Shoalhaven is not consistent with the statewide local government approach to tree removal, and the Rule should be removed entirely	29
Governance concerns (meeting practices regarding the Rule, not following previous resolutions to receive a post-trial report)	27
The Previous Rule Was Effective	21
Safety Concerns:
Concerned for lives and/or property – support to revert	20
Concern by tree removal by unqualified persons	22
People want autonomy to remove trees as there is concern about trees damaging property	19
Dangerous trees should be removed, and the former Rule is needed to achieve this	19
Data - Need to record removals	18
Property owners have a right to remove trees	17
Support for the native species list	12
The former Rule is supported to minimise bushfire risk	7
Fear around falling trees	6
Replanting:
Support	16
Not in support	2
Comments regarding the naming of the Rule:
Support the name change to "The Gordon Timbs 45 Degree Rule"	2
Not in support of the name change to "The Gordon Timbs 45 Degree Rule"	11

A collated and summarised list of the submissions received is available on the Councillor portal. Submissions have been summarised to address typographical errors, remove content that is not relevant to the exhibited amendment and political statements that were not appropriate/relevant to the scope of the amendment.

 

Internal Consultation

Consultation and liaison has occurred as required with Council’s Tree Management Officers and Environmental Health Officers.

 

External Consultation

No specific external consultation was required or undertaken as part of exhibition of Amendment No. 57.

The NSW Department of Climate Change, Energy, the Environment, and Water has separately requested that Council collaborate with them to develop a "Call Before You Clear" initiative. This is a state-wide initiative that has been piloted in partnership with Goulburn-Mulwaree Council and NSW Local Land Services. It seeks to raise community awareness and understanding regarding the required approvals for tree removal. It is recommended that Council collaborate with the Department on this educational opportunity.

 

Community Consultation

The draft Amendment was publicly exhibited for at least 28 days on Council’s website, in accordance with legislative requirements.

A total of 414 submissions were received and are available on the Councillor portal.

 

Policy and Statutory Implications

The report recommendation enables Councillors to consider the content of the submissions made by the community in relation to the exhibited Amendment No. 57 and make a decision accordingly. Specific policy implications may arise depending on the nature of Council’s decision in this regard. 

A decision to amend or not to amend the DCP needs to be finalised in accordance with legislative requirements, including the making of a public notice.

 

Financial Implications

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

Council will need to consider any additional staff resources required to manage any additional demand that may arise, depending on the policy direction resolved by Council.

 

Risk Implications

Legal advice confirms there are no legal implications for Council resulting from any change (or no change) in policy position relating to any element of The Rule. Depending on the policy direction chosen by Council, additional risk to Council would need to be carefully considered.

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

CL25.80     Half Yearly Compliance Report

 

HPERM Ref:       D25/34980

 

Department:       Certification & Compliance

Approver:           Lindsay Usher, Acting Director - City Development  

Purpose:

The purpose of this report is to advise Councillors as per MIN24.574 that the Half Yearly Compliance Report (August 2024 to January 2025) is available on Council’s website and Councillor Portal for viewing.

 

Summary and Key Points for Consideration

Council resolved at the Ordinary Meeting 28 October 2024, that a half yearly Compliance report be published on Council’s website and on the Councillor Portal on a 6 monthly basis covering periods from August to January, and February to July respectively. (MIN24.574).

 

Recommendation That Council note the Half Yearly Compliance Report for August 2024 to January 2025 available on Council’s website and the Councillor Portal for Councillors information.

 

Options

1.    Council adopts the recommendation as shown.

Implications: Nil

 

2.   Council receives the report and provides additional direction.

Implications: Any changes or additional matters will need to be assessed by staff and advised accordingly.

 

Background and Supplementary information

The half yearly Compliance report (D25/24871) will be published on Council’s website and the Councillor portal to coincide with this report.

 

Report

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

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

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

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

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

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

This report relates to 1 August 2024 to 31 January 2025.

 

Internal Consultations

Internal consultation is undertaken with City Development departments who contribute to the report.

 

External Consultations

There are no external consultations required. However, data from Revenue NSW is included in the report.

 

Community Consultations

There is no community consultation required to compile this report. However, the report is made available to the public for information.

 

Policy and Statutory Implications

There are no policy implications related to this report. However, policies such as the Compliance and Enforcement Policy underpin enforcement decisions and reporting outcomes.

 

Financial Implications

There are no financial implications related to this report. The report is for information.

 

Risk Implications

There are no risk implications related to this report.  The report is for information.

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

 

CL25.81     Tenders - Supply and Delivery of Equipment for Culburra Sewage Treatment Plant Upgrades

 

HPERM Ref:       D25/66160

 

Department:       Water Asset Planning & Development

Approver:           Andrew McVey, Acting Director - Shoalhaven Water  

Purpose:

To inform Council of the tender process for the supply and delivery of equipment for the Culburra Sewage Treatment Plant Upgrades project.

In accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, some information should remain confidential as it would, if disclosed, prejudice the commercial position of the person who supplied it. It is not in the public interest to disclose this information as it may reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests. This information will be considered under a separate confidential report.

 

Summary and Key Points for Consideration:

Council resolution is required to determine the tender process for the supply and delivery of equipment for the Culburra Sewage Treatment Plant Upgrade project.

 

Recommendation That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

ions

1.    Accept the recommendation

Implications: Consider a separate report on the matter.

 

2.    Council make a different resolution

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

 

Background and Supplementary information

Project Description

Shoalhaven Water has identified Sewage Treatment Plants (STP) through the Shoalhaven Local Government Area which require asset renewal/upgrades to meet current and future planned inflows. The objective of this engagement is to engage specialised equipment suppliers to design, supply and deliver equipment to facilitate the planned upgrades of the inlet and aeration processes at Culburra Beach STP.

The works are intended to be packaged as 2 distinct separable portions, being:

·     Separable Portion 1 - Replacement Screening and Grit Removal Equipment

·     Separable Portion 2 - Replacement Bioreactor Aeration Equipment

Bidders were invited to bid on individual or all separable portions, with Council reserving the right to award some separable portions individually, or all separable portions to one or many bidders.

Tendering

Council called tenders for the supply and delivery of equipment for the Culburra Sewage Treatment Plant Upgrade on 21 November 2024 which closed at 10:00 am on 16 January 2025.

In relation to Separable Portion 1, Replacement Screening and Grit Removal Equipment, seven (7) submissions were received from four (4) tenderers at the time of closing. No tenders were received after the deadline.

For Separable Portion 1, tenders were received from the following:

Tenderer	Location
VoR Environmental P/L	13-15 Aylesbury Street, Botany, NSW 2019
Hydroflux Epco Pty Limited	Level 26 / 44 Market Street, Sydney NSW 2000
Aquatec Maxcon Pty Ltd	119 Toongarra Road, Wulkuraka Qld 4305
Aqseptence Group Pty Ltd	155 Fison Ave West, Eagle Farm QLD 4009

In relation to Separable Portion 2, Replacement Bioreactor Aeration Equipment, two (2) submissions were received from two (2) tenderers at the time of closing. No tenders were received after the deadline.

For Separable Portion 2, tenders were received from the following:

Tenderer	Location
Aquatec Maxcon Pty Ltd	119 Toongarra Road, Wulkuraka Qld 4305
Waterform Technologies Pty Ltd	31 Coonooer Street, Golden Square VIC 3555

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

 

Internal Consultations

Guidance from Council’s Procurement team was sought on the financial limitations, delegations, and statutory provision for the procurement of the works.

 

External Consultations

Council previously engaged a design consultant to prepare the necessary design documentation for the proposed equipment upgrade of Culburra Sewage Treatment Plant. The intended outcomes of this engagement will be the confirmation of selected equipment suppliers to inform the overall design by the External Consultant, equipment will be free issued to a future civil works contractor.

 

Community Consultations

Community and stakeholder engagement prior to, and during subsequent construction phases of the project are proposed, with a dedicated project webpage to be established under Council’s Major Projects & Works Portal.

 

Policy Implications

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

 

Financial Implications:

Sufficient funds have been allocated in the Culburra STP Upgrades budget for 2024/25 and 2025/26 financial years. Funding is available to cover the tender amounts including other project costs.

The project is co-funded by Shoalhaven City Council and the NSW Government under their Accelerated Infrastructure Fund – Round 3 program.

 

Risk Implications

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

 

Ordinary Meeting – Tuesday 11 March 2025 Page 1

 

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.