Ordinary Meeting

 

 

Meeting Date:     Tuesday, 27 May, 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 - 13 May 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

CL25.158..... Rescission Motion - CL25.152 Post exhibition report - Planning Proposal: 131 St Vincent Street, Ulladulla................................................................................. 1

CL25.159..... Notice of Motion - CL25.152 Post exhibition report - Planning Proposal: 131 St Vincent Street, Ulladulla................................................................................. 3

CL25.160..... Notice of Motion - Addressing Illegal Tobacco and Vaping Concerns in Shoalhaven........................................................................................................................ 4

CL25.161..... Notice of Motion - Shoalhaven War Memorials............................................. 6

11.  Call Over of the Business Paper

12.  A Committee of the Whole (if necessary)

13.  Committee Reports

Nil

14.  Reports

CEO

CL25.162..... Financial Sustainability Productivity and Efficiency Report........................... 9

CL25.163..... DPOP 2024-25 - Quarterly Performance and Budget Report (January - March) 21

City Performance

CL25.164..... Councillor Expenses and Facilities Policy - For Adoption........................... 33

CL25.165..... Ongoing Register of Pecuniary Interest Returns - April 2025..................... 39

CL25.166..... Kangaroo Valley Show - Request for Application of Partial Public Holiday 2026/2027...................................................................................................................... 41

CL25.167..... Investment Report - April 2025.................................................................... 45

City Services

CL25.168..... Proposed Sub-Lease - 42 Clipper Road, Nowra - Illawarra Area Child Care Ltd 50

CL25.169..... Proposed New Lease - Shop 3, 69 Princes Highway, Milton (Milton Courtyard Studios) - Mark Hurley.................................................................................. 53

CL25.170..... Report Back - Nowra CBD Parallel/Angle Parking Investigation................. 57

CL25.171..... Progress Report - Financial & Practical Feasibility of increasing internal delivery of Traffic Control Services................................................................................ 60

CL25.172..... Deed of Mutual Termination - BLERF - 0111 Improve resilience of four showgrounds in Shoalhaven............................................................................................... 63

CL25.173..... Landfill Gas Services Contract Extension.................................................... 73

CL25.174..... Tenders - Shoalhaven Material Recovery Facility - Pavements.................. 75

CL25.175..... Tenders - Traffic Control Services Panel..................................................... 78

City Development

CL25.176..... Report Back: Impact of Events in Huskisson............................................... 81

Shoalhaven Water

CL25.177..... Proposed Exhibition - Shoalhaven Water Development Servicing Plan... 102

15.  Confidential Reports

Reports

CCL25.15.... Landfill Gas Services Contract Extension

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.

CCL25.16.... Tenders - Shoalhaven Material Recovery Facility - Pavements

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.

CCL25.17.... Tenders - Traffic Control Services Panel

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 27 May 2025

Page 1

 

 

CL25.158   Rescission Motion - CL25.152 Post exhibition report - Planning Proposal: 131 St Vincent Street, Ulladulla

 

HPERM Ref:       D25/221509

 

Submitted by:    Clr Luciano Casmiri

Clr Bob Proudfoot

Clr Peter Wilkins 

Purpose / Summary

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

 

Recommendation

That Council rescind the Motion relating to Item CL25.152 Post exhibition report - Planning Proposal: 131 St Vincent Street, Ulladulla of the Council Meeting held on Tuesday 13 May 2025.

 

Background

The following resolution was adopted at the Ordinary Meeting held 13 May 2025 (MIN25.235).

That Council:

1.    More fully consider the potential land use conflict concerns associated with noise and dust from the adjacent concrete batching plant before finalising the Planning Proposal.

2.    Consult with the owner of the adjacent concrete batching plant (Heidelberg Materials) to better understand the existing site operations and future plans.

3.    In collaboration with the proponent, commission an independent desktop review of the proponent’s Air and Odour Assessment and Acoustic Assessment and risk assessment of land use conflict issues (noise and dust) raised in community and agency submissions as follows:

a.    The scope of the desktop assessment, project brief and list of consultant/s be agreed to with Council staff.

b.    The proponent fund and commission the assessment to streamline the procurement process.

c.    The draft report is reviewed by Council staff.

4.    If the independent review concludes that the risks can be satisfactorily addressed through suitable provisions in the Local Environmental Plan (LEP) amendment and at development application stage, finalise the Planning Proposal as exhibited subject to the following:

a.    Liaise with the NSW Department of Planning, Housing & Infrastructure (DPHI) on a potential local provision that to be included in the amendment that requires the delivery of the promised affordable housing outcomes, given that the Gateway determination does not require a Voluntary Planning Agreement to be entered into before the LEP is amended.

b.    Acknowledge that the height and floor space ratio (FSR) controls resulting from this Planning Proposal will potentially be increased by 20 to 30% under the affordable housing bonus incentives in the Housing State Environmental Planning Policy.

5.    If the independent review concludes that the land use conflict risks cannot be satisfactorily addressed at development application stage, report the matter back to Council for direction.

 


 

 Ordinary Meeting – Tuesday 27 May 2025

Page 1

 

 

CL25.159   Notice of Motion - CL25.152 Post exhibition report - Planning Proposal: 131 St Vincent Street, Ulladulla

 

HPERM Ref:       D25/221530

 

Submitted by:    Clr Luciano Casmiri

Clr Bob Proudfoot

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 Council:

1.    Adopt the Planning Proposal (PP-2024-109) for 131 St Vincent Street, Ulladulla as exhibited, to amend the Shoalhaven Local Environmental Plan 2012 as follows:

a.    Rezone the land to MU1 Mixed Use

b.    Increase the maximum height of buildings to 15m, 17m and 21m

c.    Introduce a Floor Space Ratio of 3.5:1

2.    Forward the endorsed Planning Proposal to the NSW Parliamentary Counsel’s Office to proceed to finalisation.

3.    Advise stakeholders, including those who have made a submission, of this decision and when amendments will be effective.

 

 

Note by the CEO

This Notice of Motion will be dealt with if the preceding Rescission Motion is carried.

 


 

 Ordinary Meeting – Tuesday 27 May 2025

Page 1

 

 

CL25.160   Notice of Motion - Addressing Illegal Tobacco and Vaping Concerns in Shoalhaven

 

HPERM Ref:       D25/219701

 

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.    Acknowledges that smoking remains the leading cause of preventable disease and death in Australia, and that vaping is an emerging public health challenge, particularly among young people.

2.    Notes with concern that Shoalhaven, particularly Nowra CBD, has seen a proliferation of tobacco retailers with approximately 9 stores in the central Nowra locale, all within walking distance of schools.

3.    Notes with concern that according to NSW Health data, there has been an increase in the number of tobacconists opening across NSW, rising from 14,500 four years ago to 19,500 today.

4.    Acknowledges the recent roundtable discussions held in Nowra with NSW Opposition Health Minister Kellie Sloane regarding the concerning growth of illegal tobacco trade and its links to organised crime.

5.    Advocates to the NSW Government in support of the proposed Upper House inquiry into illegal tobacco sales, which would examine:

a.    The proliferation of tobacco and vape outlets

b.    Departmental responsibility for compliance and enforcement

c.    Licensing schemes for tobacconists

d.    Landlord responsibilities

e.    Money laundering schemes operating via tobacconists

f.     Impact on human health and business profits

6.    Advocates to the NSW Government that the standard instrument LEP zonings related to mixed-use and employment zones, and the exempt and complying criteria under the SEPP (Exempt and Complying Development Codes) 2008 are revised to mandate that tobacconist stores require approval through a development application.

7.    Investigates, as part of the current LEP review process, any existing mechanisms to require development applications for tobacconist stores to open in the Shoalhaven Local Government Area, even where it is a change of use of an existing retail or commercial space.

8.    Advocate to NSW Health for them to liaise directly with local schools to develop and implement educational programs about the dangers of vaping and smoking, with a particular focus on prevention among young people.

 

9.    Advocates to both State and Federal Governments for increased compliance officers and resources dedicated to enforcement against illegal tobacco and vape sales in the Shoalhaven region.

10.  Writes to the NSW Government expressing Council's concern about the proximity of tobacco retailers to schools in Nowra and requesting their cooperation in enacting appropriate regulatory changes.

 

 

Background

The Shoalhaven region, like many areas across NSW, is experiencing concerning trends in both traditional tobacco use and the emerging issue of vaping. According to health data, smoking remains the leading preventable cause of disease and death, while vaping is increasingly popular among youth who may not fully understand the associated health risks.

Recent changes to tobacco and vaping regulations have attempted to address some concerns, with vapes containing nicotine and disposable vapes banned as of January 1, 2024. However, the illegal sale of these products continues to be an issue, particularly in regional areas like Shoalhaven where enforcement resources may be limited.

The siting of tobacco shops and the sale of harmful products is not currently regulated by land use to the degree that would allow full assessment of impacts where proximity to other land uses presents potential conflict (for example, schools). A new tobacconist shop, for example, will require a development application and social impact assessment only under certain circumstances. However, a tobacconist can open and trade by filling out a few forms. The high number of businesses of this kind opening in close proximity to primary and secondary schools poses a significant health risk to children and must be addressed as a matter of urgency.

NSW Opposition Health Minister Kellie Sloane has recently renewed calls for an Upper House inquiry into illegal tobacco sales, describing it as a "huge problem" with 19,500 registered tobacco-selling outlets in NSW, an increase of 5,000 in four years. She has highlighted concerns about those retailers "underpinned by criminal activity and people selling illicit tobacco and vapes to kids."

The proximity of tobacco retailers to schools in Nowra is of particular concern, with nine stores identified in the central Nowra locale, all within walking distance of schools. This presents a public health risk, especially to young people who may be vulnerable to nicotine addiction through exposure to these products.

The health impacts of vaping and tobacco use are well-documented, with vapes often containing harmful chemicals found in cleaning products, nail polish remover, weed killer, and bug spray. Many vapes labelled "nicotine-free" have been tested and shown to contain high levels of nicotine, creating a new generation of nicotine-addicted individuals.

This Notice of Motion builds upon the previous Motion (CL24.173) presented by Clr Serena Copley and seeks to address the evolving situation with additional measures focused on supporting the inquiry into illegal tobacco, enhancing educational initiatives, and advocating for greater enforcement resources.

 

 


 

 Ordinary Meeting – Tuesday 27 May 2025

Page 1

 

 

CL25.161   Notice of Motion - Shoalhaven War Memorials

 

HPERM Ref:       D25/221391

 

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.    Establish a War Memorials Register for the Shoalhaven that:

a.    Documents all war memorials on public and private land in the Shoalhaven LGA.

b.    Ensures all memorials are listed on the NSW War Memorials Register.

c.    Includes condition assessments and maintenance requirements.

d.    Identifies which memorials are included in Council's asset register.

2.    Develop a comprehensive War Memorials Management Policy that:

a.    Clearly defines responsibilities for memorial management between Council and other stakeholders (e.g., RSL).

b.    Establishes maintenance standards and schedules.

c.    Sets out processes for applying for grants, including from the NSW Office for Veterans Affairs Community War Memorials Fund.

d.    Ensures inclusion of all service branches in appropriate memorials.

e.    Establishes protocols for new memorial proposals.

3.    Take immediate action regarding the following specific memorials:

a.    Formally assess and document the condition of the Wall of Remembrance at the JB Maritime Museum and the Court of Remembrance in Voyager Memorial Park.

b.    Register the RAAF 107 Squadron memorial on Island Point Road with the NSW War Memorials Register.

c.    Investigate the discrepancies in the Court of Remembrance regarding tri-service representation and the absence of Merchant Navy recognition.

d.    Verify the dedication of the Court of Remembrance War Memorial element (No record has ever been located that the Court of Remembrance has been dedicated as a War Memorial, and it remains unregistered.

e.    Review and standardise the criteria for inclusion on war memorials, addressing the inconsistency where names range from the Fallen to civilian committee members of local RSL.

4.    Apply for funding through the NSW Office for Veterans Affairs Community War Memorials Fund for:

a.    Restoration and ongoing maintenance of the Wall of Remembrance.

b.    Appropriate recognition of the 50 personnel who lost their lives locally during WWII, including immediate reversal or justification of the Council policy that excludes fallen listed on the Wall of Remembrance from being commemorated on the Court of Remembrance on the grounds that it is a ‘Single Service’ memorial.

c.    Improvement of signage and interpretive materials at local war memorials.

5.    Direct the CEO to prepare a report on:

a.    The status of all war memorials in the Shoalhaven, their condition, and maintenance requirements.

b.    The current process for managing memorial applications and maintenance.  Noting that the Shoalhaven City Council Plaques and Memorials Policy dated 28 October 2022 states a review of the forementioned policy within 12 months of the date of the election of the new Council is available on request. Confirmation that this is the correct policy is also requested.

c.    Historical grant applications and allocations for memorial maintenance.

d.    Recommendations for improved coordination between Council, RSL, and other stakeholders.

e.    Budget implications for implementing a comprehensive memorial management system.

f.     Implementation status of Ordinary Meeting resolution of 07 February 2022 to promulgate both Heritage Consultants report and Working Groups report with identified errors and omissions.

6.    Establish a War Memorial Advisory Committee to:

a.    Review grant applications.

b.    Provide ongoing advice to Council on memorial management.

c.    Ensure appropriate recognition of all service branches.

d.    Include representatives from Council, RSL, historical societies, representatives from HMAS Albatross (including Chaplain services), Special Operations Command and relevant community members.

 

 

Background

As a result of the Council Strategy and Asset Committee disbanding, in May 2021, Council established a Working Party to investigate RAAF, RAF, and American involvement in the Shoalhaven during World War II and to make recommendations regarding heritage preservation and memorial establishment (MIN21.265). This work has revealed significant gaps in the management, recognition and maintenance of war memorials in the Shoalhaven area, particularly those related to WWII aviation heritage and personnel who lost their lives locally during the war. (Side note, RAF was not in the Shoalhaven).

A subsequent Heritage Consultants report, commissioned by the Planning Department was prepared without consultation with the Working Group and contained significant errors and omissions, notably failing to recognise the sacrifice of Fallen commemorated on the Wall of Remembrance.

This motion seeks to address significant concerns regarding the preservation of our military heritage and the proper recognition of those who served and sacrificed. The current approach appears fragmented, with unclear responsibilities and processes, potentially leading to the neglect of important memorials and the exclusion of certain service branches. Implementing a systematic approach to memorial management will honour our history appropriately and ensure ongoing preservation of these important community assets.

Research undertaken by the RAAF Nowra Working Group has revealed concerning gaps in how we maintain and manage our war memorials. The Wall of Remembrance, which records RAAF, RN, and Army casualties that occurred locally during WWII, was found in a derelict and disassembled condition. Similarly, inconsistencies exist with the Court of Remembrance in Voyager Memorial Park, where important aspects of service recognition appear to have been lost during transitions between memorials. The RAAF 107 Squadron memorial on Island Point Road, while apparently an official memorial, is not included on the NSW Register of War Memorials, highlighting administrative oversights.

It is unclear whether Council or RSL have primary carriage of management covering War Memorials, and Council appears to have limited records regarding the Wall of Remembrance or Court of Remembrance. This administrative ambiguity has real consequences. Despite the availability of NSW Office of Veterans Affairs’ Community War Memorials Fund grants, which could have provided resources for memorial refurbishment and maintenance, these opportunities have not been consistently pursued. While Council has successfully applied for some grants (approximately $60,000 over the past three years), there is no transparent process for how these funds are allocated or how memorial maintenance decisions are made.

Our war memorials are more than stone and metal - they are tangible connections to our heritage and powerful reminders of sacrifice. The 50 service personnel who lost their lives locally during WWII deserve appropriate remembrance and honour. As custodians of community memory, Council has a responsibility to ensure these memorials are properly maintained, accurately documented, and accessible to current and future generations. This motion provides a structured pathway to fulfill that obligation through clear policy, dedicated resources, and collaborative decision-making between all stakeholders.

These suggestions will provide the Shoalhaven community with an improved understanding of and appreciation for our military heritage and remembrance.

 

 


 

 Ordinary Meeting – Tuesday 27 May 2025

Page 1

 

 

CL25.162   Financial Sustainability Productivity and Efficiency Report

 

HPERM Ref:       D25/185722

 

Department:       Financial Sustainability

Approver:           James Ruprai, Acting CEO  

Purpose:

The purpose of this report is to inform Councillors and the community of the productivity and efficiency actions that have been taken from January to March 2025 to improve Council's financial sustainability.

 

Summary and Key Points for Consideration:

·     The financial sustainability project commenced in February 2024, in response to the independent financial sustainability review (CL23.420).  The project coordinates the organisation’s efforts to address its financial sustainability challenges, through the delivery of agreed actions and initiatives.

·     In adopting the recommendations of the AEC Financial Sustainability Review (MIN23.667), Council resolved to report the organisation’s progress in achieving efficiencies against the productivity and efficiency target on a quarterly basis.

·     This report summarises the actions taken to improve Council’s financial sustainability from January to March 2025.

·     A Sustainable Financial Futures Plan was presented to Council, that describes the commitment to deliver a minimum of $10 million in savings over the next 4 financial years ($7 million in FY26, and $1 million per annum in FY27, FY28 and FY29). The draft FY26 budget, which includes $7 million in savings, is now open for community feedback.

·     During January to March 2025, Council has achieved one-off savings/income of $1.684 million and no recurrent general fund savings/income.  This holds the total recurrent general fund savings at $2.548 million and brings the one-off general fund savings/income to $95.731 million.  This reflects the full financial sustainability actions taken since the project commenced in early 2024.

·     In FY25 QBR1, an internally restricted reserve was created, called the Financial Sustainability Reserve (FSR).  Savings realised from FY25 QBR1 onwards have been transferred to the FSR reserve.  As at QBR2, the FSR balance was $2.8 million.  As of QBR3, the FSR balance has grown to $4.1 million.

 

Recommendation

That Council:

1.    Receive the productivity and efficiency report for the period from January to March 2025.

2.    Note the actions taken during the period that have supported progress towards the vision identified in Council’s Sustainable Financial Futures Plan.

 

 

Options

1.    The productivity and efficiency report for the period from January to March 2025 be received for information.

Implications: Nil

 

2.    Further information regarding action taken during the period to improve Council’s financial sustainability be requested.

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

 

Background and Supplementary information

In November 2023, AEC provided a report (CL23.420) to Council on its financial sustainability. In this report, Council was informed that the general fund net operating position has been in a deficit position over the past eight years and there is a structural deficit to fund recurrent expenditure of $25-35 million per annum. AEC made 27 recommendations, including an SRV, and that all had to be implemented to ensure Council’s financial sustainability.

The Financial Sustainability project has been established to coordinate Financial Sustainability actions and initiatives in response to MIN23.667, MIN24.44 and from report CL23.420 – AEC Financial Sustainability review from November 2023. The project commenced in February 2024 and has 3 major workstreams:

1.   Asset and Project Management

2.   Financial Management

3.   Service Planning

In December 2024, Council was presented a Sustainable Financial Futures Plan (see attached) that details the actions and operational savings plan to improve Council’s financial sustainability.  The Sustainable Financial Futures Plan (SFFP) includes a commitment to deliver operational savings to meet the agreed $10m savings target over the next 4 years. 

The SFFP is available on Council’s website to ensure the financial sustainability actions and progress to date is clearly communicated and transparent. The Councillors and community are updated monthly via Council’s website on the status of the actions taken and progress made on the agreed savings plan.  This complements the quarterly Productivity and Efficiency Report to Council, with the objective to make the financial sustainability actions and progress more accessible and understood by the community.

In the March 2005 Financial Sustainability update on Council’s website, the Sustainable Financial Futures Plan was updated with the latest status of actions including:

·      Marking actions as complete.

·      Updating the outcomes achieved to date.

·      Adjusting completion dates where staff need more time to deliver the action.

As part of the March 2025 update, 33 of 75 actions have been completed.  This represents significant progress towards Council’s vision of being a financially sustainable organisation.  The Sustainable Financial Futures Plan will be updated again in June 2025.

 

 

 

 

Summary of financial sustainability initiatives

Reducing costs – staffing

As a result of the recruitment process that was established in 2024 in response to MIN24.44, over 100 vacancies are now held across Council. Salary savings this quarter are captured as part of QBR3, totalling $1.276 million.

There are operational challenges associated with holding this number of vacancies across the organisation, which is being felt in some areas of Council more than others.  The vacancies mean there are potential impacts to meeting the agreed delivery program, maintaining service levels and the potential for facilities to close due to lack of staffing.

To achieve the Sustainable Financial Futures savings plan, $3.5 million of salary savings have been incorporated into the draft FY26 budget.  This saving will be realised through the implementation of the agreed actions resulting from the critical vacancy and recruitment review, that was completed in February 2025.

Reducing costs – plant and fleet

In QBR1, it was reported that Council sold excess plant and fleet, and received sales proceeds of $500,000 ($330,000 general fund, $170,000 water fund). Further reviews of Council’s plant and fleet operation have resulted in additional vehicles being sold, with sales proceeds to be reported in QBR3 of $407,924 in general fund and $37,500 in water fund.  The reduction in Council’s fleet through these sales will result in annual plant hire savings of $270,471 for general fund and $16,746 for water fund, to be recognised in FY26 at QBR1.

There are also 7 light vehicles and 1 truck scheduled for sale in May, as a result of ongoing financial sustainability actions being taken.

Other actions taken to improve the financial sustainability of Council’s plant and fleet operation included updating the leaseback vehicle selection list and adjusting the replacement schedule.  The Executive Leadership Team is revisiting these items with the objective of implementing additional changes to further reduce the ongoing operational and capital expenses associated with plant and fleet.

The status of Council’s actions in response to the AEC Plant and Fleet service review was reported to Council on 11 March 2025 (CL25.75)

Reducing costs – other efficiency ideas

Since May 2024, Council staff have been working on 3% challenge ideas to deliver department level cost savings and revenue generating initiatives that will contribute to the savings target.  The current status of the 3% challenge is:

·    89 ideas implemented

·    111 ideas are work in progress

·    158 ideas investigated and closed as the idea was not feasible

·    54 ideas investigated and are on hold due to significant workload and/or change impact

·    104 not started

From FY26, a reduction has been applied to department ‘materials and contracts’ budgets.  The continued focus on cost savings and revenue generation ideas from the 3% challenge will ensure department budgets stay on track and support the delivery of the $7 million in operational savings from the Sustainable Financial Futures Plan.

 

 

 

Service review outcome – Family Day Care

The findings of the Shoalhaven Family Day Care (SFDC) service review was reported to Council on 18 February 2025 (CL25.42), with Council resolving to transition away from Council providing the service.

As part of assessing whether the service’s delivery is appropriate, effective, and efficient, the SFDC service review considered the need for the service, the outcomes achieved and Council’s role in providing the service. The service review identified that while there is significant need for childcare places in the Shoalhaven and that SFDC was providing 190 FDC (Family Day Care) places, that Council’s provision of a FDC co-ordination service was not critical for achieving the provision of those childcare places. This is because each FDC educator operates as a small business and other FDC co-ordination services are currently operating or interested in operating in the Shoalhaven, including both not-for-profit and privately-owned services. One of these is a well-established not-for-profit organisation based in the Illawarra region with the sole purpose of providing FDC services.

As Council provides a FDC coordination service rather than directly providing childcare places, it became clear that families could still have access to FDC places and educators could still operate if they were supported to transition to another FDC coordination service. With multiple FDC coordination services in the area, educators would be able to choose the provider that best suited them. Whilst SFDC has been struggling to achieve the educator numbers needed to be cost neutral after covering the fixed costs associated with a service’s baseline operation, other providers have an established base where any additional educators would boost their organisational sustainability.

The implication of this decision is that Educators will be supported to move to an alternative Family Day Care coordination provider.  Consultation has taken place with some alternative providers who are willing to consider enrolling SFDC educators with their service.  Once all educators have been placed with an alternative provider, Council will surrender its licence to operate FDC, and the service will close.

This has resulted in 5 Council staff (3.6 FTE) involved in the operation of SFDC being displaced and potentially eligible for redundancy. 

The financial sustainability outcome is a direct ongoing benefit to Council’s general fund of approximately $90,000 per annum.  This recurrent saving will be formally realised in a future Productivity and Efficiency report, once the FDC service has concluded and all financial obligations are finalised.

Improving organisational efficiencies – other service reviews

Forward service review program for the next 3 years has been approved by ELT, with the 2025 calendar year program scheduled.  Table 1 below shows the current work in progress program and status update on each.

Table 1: Service Review Program Schedule

Service review

Review Type

Review

Completion

Review

Resourcing

Status

Holiday Haven

Business process improvement

Apr-24

In-house

Review Complete - implementation underway under BAU

Fleet & Mechanical

Internal process/ structure/services

Jun-24

Consultant

Review complete implementation underway

Fire Safety Certificates

Business process improvement

Aug-24

In-house

Review complete – implementation underway

Asset custodian model (incl. PM function)

Structure

Dec-24

In-house

Structural review complete – implementation underway

Family Day Care

Business model - commercial

Feb-25

In-house

Review complete – implementation underway

Communications and Media

Internal process /structure/services

Mar-25

In-house

Review complete – implementation planning underway

Waste tipping vouchers

Internal process/business model

Apr-25

In-house

Work in progress

Safety review

Internal process

May-25

In-house

New – scoping underway

Bereavement Services

Business model - commercial

May-25

Consultant

Review complete – implementation underway

Library Services

Business process improvement

May-25

In-house

Work in progress

Shoalhaven Entertainment Centre

Business model - commercial

July-25

In-house with

consultant for peer review / financial modelling

Work in progress – options analysis

Holiday Haven

Business model - commercial

Dec-25

Consultant

Not started – to be scoped in mid-2025

Legal

Business model - internal resources

TBC

In-house

On hold pending resource availability

Customer Experience

Internal process /structure/services

TBC

In-house

On hold – pending other service reviews completion

 

Reducing debt – land sales

As of March 2025, the operational land sales program had achieved sales of $1.49 million FY25 year to date.  This income has been directed to fund critical capital works.  The sales results achieved to date is below the goal of $7 million, however income from an auction held in March will be recognised in the next quarterly report.

Internal Consultations

The financial sustainability project consults internal stakeholders formally through weekly Executive Leadership Team meetings and monthly in Shoalhaven Leadership Team meetings.

Four budget workshops were held with Councillors in March, with the proposed capital carry forwards, fees and charges, capital program, operational income and expenditure under review.  The draft FY26

The previous report advised that Councillors would be briefed on the Bereavement Services service review in March 2025.  This briefing occurred in April and will be reported in the next quarterly Productivity and Efficiency report.

 

External Consultations

Council’s Finance Review Panel are being consulted on the ongoing commercial services review program from May 2025, to provide robust and objective feedback on the draft service review options and financial analysis, prior to the review being considered by Council.

External experts are also being engaged on the Shoalhaven Entertainment Centre service review, using a hybrid resourcing model with internal staff completing the service review data collection and analysis.  A Request For Quotation (RFQ) via the LG Panel is now underway, seeking external expert advice and quality assurance of the service review in progress. 

The scope of the RFQ is:

1.    Complete a peer review on the staff assessment of the current service delivery.

2.    Provide peer review on the service improvement options developed by staff.

3.    Complete financial modelling of the draft service improvement options based on expert knowledge and the data collected.

4.    Provide expert advice on the service review options by providing a structure for decision making, considering community impact, risk, financial impact and other relevant factors for the options.

5.    In collaboration with SCC project team, attend a meeting with the Executive team, and a Councillor briefing, to provide expert summary of the service review.

This approach, which relies on staff assuming responsibility for the detailed service review workload, and obtaining expert guidance through peer review, is anticipated to deliver an improved result compared to solely relying on a consultant or conducting an internal review.

 

Community Consultations

This quarter, the financial sustainability project commenced monthly project updates of the organisation’s progress against the agreed actions and savings target via Council’s website.  The objective of this regular communication is to make financial sustainability updates more accessible to the community and includes an infographic showing the high-level project status, a clickthrough high level monthly update, and a detailed monthly update with a CEO video.

Image 1: SFFP overview status

A blue calendar with white text

AI-generated content may be incorrect.

Image 2: Pop-out monthly summary

A screenshot of a computer

AI-generated content may be incorrect.

 

Image 3: Detailed monthly actions update

A screenshot of a website

AI-generated content may be incorrect.

A screen shot of a document

AI-generated content may be incorrect.

 

The Sustainable Financial Futures Plan was also updated in March, with the latest status of actions, updated completion dates (where staff need more time to complete the action) and savings achieved to date.  This resulted in the completion of 33 of 75 actions.  The SFFP will continue to be updated quarterly and published to the community on the website.

In May, the Financial Sustainability Project Manager will present on the status of the organisation’s progress towards the Sustainable Financial Futures Plan to the CCB Executive meeting.

 

Policy and Statutory Implications

Council’s Motor Vehicle Policy has been adopted after endorsement by the Executive Leadership Team and a presentation to the February Consultative Committee.  The key revisions to the Motor Vehicle Policy in support of Council’s financial sustainability objective include:

 

Leaseback Eligibility and Guidelines:

Clearer parameters outline where leaseback may be offered, eligibility criteria, and employee responsibilities, helping to ensure fair and consistent application of leaseback options.

Fuel Card Usage:

Updated guidelines on fuel cards use not permitted interstate (excluding ACT) without Director approval.

Insurance Claims & Excess Payments:

Updated guidelines on when employee contribution may be required where an at-fault insurance claim is made.

Take-Home Vehicle Usage and Personal Use Provisions:

The updated policy provides refined rules for employees who have a job requirement to take-home operational vehicles, whether ongoing or for specific projects, and clarifies specific allowed use while on call, with conditions that permit minor, reasonable personal deviations from work routes and weekend use (e.g., to attend to immediate family needs) to ensure appropriate response times.

Car Allowance Recipients and Private Vehicle Usage:

Specific guidelines clarify car allowance recipient responsibilities, including the requirement for private vehicles used for Council duties to meet insurance, safety, and operational standards. The policy encourages fleet vehicle use for council business whenever feasible and sets out reimbursement procedures for private vehicle usage when a council vehicle is unavailable.

 

Financial Implications

January 2025 – March 2025 general fund report

Recurrent saving realised (grey-shaded rows were included in a previous productivity and efficiency report but are included to show the total achievement realised):

Category

Initiative

Saving/Income

Realised

Amount

Other efficiency ideas

Reduction in events support programme and marketing budget

Saving

24/25 original budget

-$500,000

Revenue generation

Increase in revenue – fees and charges review – general fund

Income

24/25 original budget

+$1,303,000

Revenue generation

Increase in revenue – DA fee recovery

Income

FY25 QBR1

+$50,000

Changes to operating hours

Reduced operating hours

Saving

FY25 QBR1

-$320,758

Other efficiency ideas

Reduction in general fund operating budgets

Saving

FY25 QBR1

-$322,934

Changes to operating hours

Reinstatement of operating hours – Berry and Greenwell Point

Saving reversal

FY25 QBR2

+$47,500

Changes to operating hours

Realisation of reduced operating hours – Shoalhaven Entertainment Centre and Sanctuary Point Library

Saving

FY25 QBR2

-$12,900

Other efficiency ideas

Reduction in general fund operating budgets

Saving

FY25 QBR2

-$75,998

Revenue generation

Increase in revenue – Swim, Sport Fitness

Income

FY25 QBR2

+$10,000

Recurrent productivity and efficiency general fund TOTAL

 

 

 

$2,548,090

 

One-off savings to date include:

Category

Initiative

Saving/Income

Realised

Amount

Pausing capital projects

Pause capital projects

Saving (deferred spend)

FY24 QBR3

-$90,000,000 (total project cost excluding grant funding)

Increased cost controls

23/24 reduced department spending (no discretionary spending, holding vacancies)

Saving

FY24 QBR3

-$1,700,000

Increased cost controls

24/25 reduced department spending year to date across general fund

Saving

FY25 QBR1

-$368,975

Plant and fleet

24/25 plant and fleet general fund asset sales

Revenue

FY25 QBR1

+$330,000

Increased cost controls

24/25 reduced department spending year to date across general fund

Saving

FY25 QBR2

-$42,000

Salary savings

24/25 net salary savings from vacancies year to date across general fund

Saving

FY25 QBR2

$1,606,602

Salary savings

24/25 QBR3 net salary salaries from vacancies across general fund

Saving

FY25 QBR3

$1,276,000

Plant and fleet

24/25 plant and fleet general fund asset sales

Revenue

FY25 QBR3

$407,924

One-off productivity and efficiency general fund TOTAL

 

 

 

$95,731,501

 

Summary of financial outcomes achieved to date:

During January to March 2025, Council has no recurrent general fund savings/income and one-off savings/income of $1.684 million.  This brings the total recurrent general fund savings to $2.548 million and one-off general fund savings/income to $95.731 million.  This reflects the full financial sustainability actions taken since the project commenced in early 2024.

In QBR1, an internally restricted reserve was created, called the Financial Sustainability Reserve (FSR).  Savings realised from FY25 QBR1 onwards are transferred to the FSR reserve.  As at QBR2, the FSR balance was $2.8 million.  As of QBR3, the FSR balance has grown to $4.1 million.

 

Risk Implications

There are financial, resource and reputational risks associated with not addressing the financial sustainability of the organisation.  These risks are being addressed through risk assessment of activities undertaken and implementation of risk mitigation measures, including but not limited to communications, engagement, financial and workload planning. 

As part of managing the risks, regular community updates will be provided as the financial sustainability initiatives progress.

 

 


 

 Ordinary Meeting – Tuesday 27 May 2025

Page 1

 

 

CL25.163   DPOP 2024-25 - Quarterly Performance and Budget Report (January - March)

 

HPERM Ref:       D25/158720

 

Department:       Government Relations, Strategy & Advocacy

Approver:           James Ruprai, Acting CEO 

Attachments:     1.  DPOP 2024-25 - Quarterly Performance Report (January - March) (under separate cover)

2.  Quarterly Budget Report - March 2025 (under separate cover)

3.  FY 24-25 – Q3 - Proposed Carry Forwards (under separate cover)

4.  FY 24-25 – Q3 - Proposed Revotes (under separate cover)

5.  Uncompleted Notice of Motion and Mayoral Minutes Report - 1 October 2024 to 30 March 2025 (Addendum)

6.  Completed Notice of Motion and Mayoral Minutes Report - 1 October 2024 to 22 May 2025 (Addendum)   

Purpose:

The purpose of this report is to include the Quarter 3 performance report on the 2024-25 Delivery Program and Operational Plan and present the proposed budget adjustments in the March 2025 Quarterly Budget Review for adoption.

 

Summary and Key Points for Consideration:

·    This report outlines highlights for Quarter 3 performance (January to March 2025) against actions and targets set in Council’s 2024-25 Delivery Program and Operational Plan (DPOP).

·    This report includes the proposed budget adjustments outlined in the March 2025 Quarterly Budget Review Report.

·    Council has limited unrestricted funds. This continues to be a matter for concern for Council and is regularly addressed in Council business papers, briefings and is evident in Council’s Long Term Financial Plan.

·    The balance of grants spent in advance at 31 March 2025 decreased to $11.5M (December 2024 grants in advance were $19.3M). The decrease from 31 December 2024 is due to grant receipts. Key grant monies collected in General Fund were attributed to LRCI Phase 1, 2 & 4, Fixing Country Bridges, and Restart NSW Sustainable Tourism. The receipts collected relating to Natural disasters were funds for Emergency Works (EW) and Immediate Reconstruction Works (IRW) from the 1012, 1034, and 1119 events.

·    The budget adjustments proposed (carry forwards and quarterly budget adjustments) have a positive general fund unrestricted cash net impact of $0.4M. The 30 June 2025 forecast closing unrestricted cash balance has increased from $3.6M as reported at the December quarter to $4.0M in the attached report.

·    Savings of $1.3M realised this quarter and quarantined within the internally restricted Financial Sustainability Reserve (FSR) bring the reserve balance to $4.1M at 31 March 2025. Had this $4.1M not been quarantined within the FSR general fund unrestricted cash would have been forecast to be $8.1M.

·    General Fund budget adjustments are positive and result in a reduction to the forecast general fund operating deficit. The major adjustments outlined in this report are a decrease in Waste Levy expenses and the reduction in forecast employee expenses.

·    Net favourable budget adjustments are proposed for both Water and Sewer Fund, increasing the projected operating surplus forecast for each fund.

·    Council will not achieve the mandated Office of Local Government (OLG) performance measures for 30 June 2025 – including Operating Performance Ratio and Infrastructure Renewal Ratio. Council is forecast to meet the required NSW Treasury Corporation debt covenant ratios.

 

Recommendation

That Council:

1.    Receive the March Quarterly Performance Report on the 2022-26 Delivery Program and 2024-25 Operational Plan and publish on Council’s website.

2.    Receive the March 2025 Quarterly Budget Review Report.

3.    Adopt the budget adjustments as outlined in the March 2025 Quarterly Budget Report Document.

 

 

Options

1.    Adopt the recommendation

Implications: The budget will be adjusted as outlined in the March 2025 Quarterly Budget Report Document.

 

2.    Adopt an alternative recommendation

Implications: Staff will be required to rework the quarterly performance and budget report in accordance with the alternative resolution.

 

Background and Supplementary information

Section 404 of the Local Government Act, 1993 requires the General Manager (Chief Executive Officer) to provide progress reports to the Council with respect to the principal activities detailed in the Delivery Program (Operational Plan) at least every 6 months.  Furthermore, all councils must continue to consider a Quarterly Budget Review report.

Clause 203 of the Local Government (General) Regulation 2021 requires the Responsible Accounting Officer (Chief Financial Officer) to prepare and submit to the Council, a Quarterly Budget Review Statement that shows, by reference, the estimates of income and expenditure set out in the Operational Plan and a revised estimate of the income and expenditure for the full financial year.

The Responsible Accounting Officer is also required to report as to whether they believe the financial position of the Council is satisfactory, having regard to the original estimate of income and expenditure.

The March 2025 Quarterly Budget Review Statement (QBRS) includes an analysis of the year-to-date result and the reasons for the adjustments from the previously adopted budget by fund. Any proposed changes to the budget are included in the attached March Quarterly Budget Review Statement.

 

 

Summary of Delivery Program Operational Plan 2024-25 Performance

Table 1 below provides a breakdown of performance as at 31 March 2025 across each of the key themes outlined in the Community Strategic Plan - Shoalhaven 2032.

Table 1: Action performance as at 31 March 2025 by Community Strategic Plan 2032 Theme area

CSP Theme

Progress snapshot

Resilient, safe, accessible and inclusive communities

94% actions on track or completed

Sustainable, liveable environments

89% actions on track or completed

Thriving local economies that meet community needs

94% actions on track or completed

Effective, responsible and authentic leadership

92% actions on track or completed

 

Of the 135 DPOP actions, the following five actions have been rated as ‘Completed’ in the third quarter of the year:

·    1.1.02.01 - Work with the NSW Government to progress the Crown Lands Plans of Management

·    2.1.04.01 – Stage works greater than $250,000 with a Design/Approval stage and Construction/Commissioning Stage in separate financial years

·    4.2.03.01 – Annual review and update of Council’s Workforce Plan to ensure strategies are updated and implemented

·    4.2.10.01 – Establish an Enterprise Project Management Office to oversee and support project governance through management of the corporate Project Management Framework and asset project readiness for inclusion in capital budgets

·    4.3.01.04 – Support the conduct of the 2024 Local Government elections

The remaining 130 actions are rated as ‘on track’, ‘on hold’, ‘deferred’ or ‘requires attention’.

 

Key Highlights

Council has consistently delivered a range of services, projects and activities which work towards achieving the 11 key priorities outlined in Council’s Delivery Program 2022-26. Performance comments are provided in the report against each of the 135 actions and related targets in Council’s 2024-25 Operational Plan.

The complete DPOP Quarterly Performance Report (January - March) is included as Attachment 1

Significant achievements between January and March 2025 include:

·    Initiatives undertaken to support and foster connections in the community were Harmony Week, Thrive Together Pop Ups, International Women’s Day Committee, Neurodiversity Panel and Youth Week Planning.

·    Completion of the Lake Conjola Fire Station upgrade.

·    Open Space and Recreation Planning have submitted all Plans of Management to Crown Lands for review, with permission to exhibit received for all documents.

·    Local Repair Program projects completed this quarter include repairs to Jervis Bay Road, Burrier Road, Greenwell Point Road, Forrest Road and Yalwal Road pavement rehabilitation and widening.

·    Stormwater Drainage Program projects completed include Scott Street sinkhole and Callala Beach sinkhole.

·    Pathways Program projects completed include the Myola Active Transport (South Coast Footpaths) and River Road, Shoalhaven Heads.

·    Advocacy on behalf of businesses and community for connectivity upgrades and expansion of mobile and internet networks this quarter included increasing the bandwidth in the town of Berry for peak periods, investigation of AI technologies for Council systems, and investigation into wi-fi options at community hubs.

·    The Tourism Van was active at Berry Markets, Ulladulla Civic Centre and White Sands Park supporting local and international travellers. There were 1,421 new visitors to the online shop this quarter with strong sales for local products, souvenirs, Valentine’s Day hampers, beach guides, climbing books and hiking maps.

·    Media and Communications unit held 18 active community engagement projects. The ‘Get Involved’ site saw 22,693 visitors, with 4,421 individuals completing the surveys. The top three survey responses were for events in Huskisson, the Community Infrastructure Strategic Plan and the Community Strategic Plan.

 

Requires Attention

Table 2 below outlines the six Action items that have been reported as ‘requires attention’ at 31 March 2025. Full performance comments are in the attached report and remedial actions have been reported to senior management.

Table 2: DPOP Actions rated as ‘requires attention’ as at 31 March 2025

Ref.

Action

Quarter 3 Comment (summary)

Full comments in attached report

1.1.06.01

Implement an inspection regime required to ensure the satisfactory operation of on-site sewage management systems for the maintenance of public and environmental health

Environmental Health Officers are implementing the inspection regime for on-site sewage management systems. Where systems have failed the inspection appropriate compliance action is undertaken to achieve compliance which is supported by education on the operation of the respective system and the associated health and environmental risks associated with poorly performing or managed systems.

2.2.01.01

Finalise the local planning documents to guide the development of the Moss Vale Road North Urban Release Area

Public Exhibition outcomes for Draft Development Control Plan Chapter and Infrastructure Funding Options Paper for the Urban Release Area reported to Council in February 2025 for consideration. Council resolved to 'defer' the matter to a briefing.

2.2.01.02

Develop planning controls and character statements to manage the contribution new development makes to neighbourhood or local character, including contemporary development and heritage controls for Berry

Work progressing including:

City Wide LEP Character aims/objectives - Planning Proposal exhibition reported to Council Nov 2024. Matter paused to enable briefing that was held on 3 April 2025. Next steps pending.

Strategic Growth Principles - adopted in Dec 2024.  LSPS document being amended to incorporate.

Additional Heritage Conservation Area in Berry - Planning Proposal to amend the LEP submitted to NSW Gov for required initial Gateway Determination in Dec 2024. Decision pending.

 

New DCP Chapter, Berry East - draft to be reported to Council for consideration in April 2025 to enable it to progress to exhibition.

2.2.02.01

Assess and determine development applications within legislative timeframes and community expectations

The percentage of DAs which have been determined within 40 statutory days has declined in the latest quarter. Further focus is required on improving internal processes and identifying efficiencies. The overall performance of Development Services has improved for the quarter in line with the new metrics used in the Minister's Statement of Expectations Order for 2024-25.

2.3.03.02

Support organisational environmental due diligence

This action relates to the completion of environmental assessments. For this  quarter, this primarily includes the completion of Review of Environmental Factors (REF) for existing dog off-leash access areas. Work on REFs has continued and two final drafts were completed (Cormorant Beach and Shoalhaven Heads Seven Mile Beach). These are undergoing final review.

3.1.03.01

Promote the Shoalhaven as a diverse region with a focus on off-season visitation

Summer in Shoalhaven is peak season however spend year on year for the quarter has been down 10% by both locals and visitors. This is due to cost of living pressures as well as a decrease in marketing across all levels of government. Engagement and leads to shoalhaven.com are down 16% due to a significant decrease in operational budget.

 

On Hold

Table 3 below, outlines the five Action items that have been reported as ‘on hold’ as at 31 March 2025. Full performance comments are in the attached report and remedial actions have been reported to senior management.

Table 3: DPOP Actions rated as ‘on hold’ as at 31 March 2025

Ref.

Action

Quarter 3 Comment (summary)

Full comments in attached report

1.2.02.02

Staged implementation of Shoalhaven Entertainment Centre's Strategic Business and Marketing Plan

Shoalhaven Entertainment Centre's Strategic Business and Marketing Plan is on hold due to a pending service review.

4.1.03.01

Review and update the Bereavement Services Business Plan to reflect updated licencing requirements and legislation

Service review in progress. Business Plan will be updated once review completed and recommendations considered. Interment Industry Scheme and Licencing requirements will be included in the updated plan.

4.1.01.02

Run 'Voice of the Customer' programme by responding to feedback and identifying process improvements to close the feedback loop

The program was on hold during Q3 for phone and in person customer satisfaction surveys due to the cost. Customer requests satisfaction surveys were still active and a process is in place to review the feedback and identify improvements. Customer request customer satisfaction in Q3 was 87.1%. Phone CSAT surveys have been enabled in Q4.

4.2.01.05

Complete review and update of the key strategic business documents and plans of Shoalhaven Water as required under the Regulatory and Assurance framework for local water utilities

Work continues on the Development Servicing Plan, to include in Long Term Financial Plan that will inform the Shoalhaven Water Strategic Business Plan. This plan will be presented to Council during the next financial year.

4.3.01.01

Facilitate staff education and awareness of the International Association for Public Participation (IAP2) Framework

Funding for staff training in IAP2 has been requested and is under consideration for FY25-26.

 

Deferred

There are no Action items that have been reported as ‘deferred’ as at 31 March 2025.

 

Quarterly Notices of Motion Reports

The full report of Uncompleted and Completed Notices of Motion’s, Attachment 5 and Attachment 6, will be provided as an addendum.

 

March 2025 Quarterly Budget Results Overview

The areas of focus for the quarter ended 31 March 2025 were:

·    The adoption of the budgeting strategies and guiding economic parameters for the preparation of the initial Draft of the 2025/26 Budget (MIN25.27).

·    The lodgement of an application with the Independent Pricing and Regulatory Tribunal (IPART) for a Special Rate Variation increase of 12%. (MIN24.691)

·    Working on the Delivery Program Operational Plan and Budget 2025-26 including a series of four Councillor briefings on the proposed Draft Budget covering areas of Capital Carry Forwards, the 2026 Proposed Capital Program, FY 2026 Operational Income and Expenditure and Projected Cash Position. All materials presented, including a detailed Department by Department Operating Position and Head Count, were provided to Councillors on the Councillor Portal.

Council’s Financial Sustainability Review (FSR) project continued during the quarter with $1.3M in additional savings being realised for the 3-month period to 31 March 2025. The savings have been quarantined in Council’s FSR Reserve which currently stands at $4.1M and predominately consisted of salary savings. Salary savings were calculated as the net result of general fund vacancies realised to 31 March 2025 less redundancies paid, and adjustments required for additional workers compensation, and on-costs.

Favourable adjustments also included a decrease of $4.8M in other expenses arising from the receipt of prior years’ refunds of Waste Levy. A review was undertaken of the past three years of Waste Levies paid, and tonnage over the weighbridge had not been fully reduced for allowable deductions for waste diverted from landfill. This saving all relates to the restricted Waste fund and does not impact unrestricted cash, but it does improve the balance of the Waste Fund restriction. Most of the positive adjustments in the March quarter related to restricted sources and had little impact on General Fund unrestricted cash.

The key driver of the $448K increase in general fund unrestricted cash was attributed to positive budget adjustments relating to Strategic Planning Projects mainly on the Nowra Riverfront. This anticipated improvement in cash position is important because of Council’s limited unrestricted funds balance, which is regularly addressed in Council business papers, briefings and is evident in Council Long Term Financial Plan (LTFP). Management of Council’s cash position continues to require considerable effort from the Finance and Disaster Recovery Teams to ensure that Council’s restricted cash reserves are not breached – given the on-going expenditure on disaster recovery works and the resulting processing and receipt of recovery and other grant funding acquittals.

At 31 March 2025, Council has spent $11.5M of General Fund cash in advance for grant funded projects whereby the grant monies have not yet been receipted, with $5.9M of this relating to Natural Disaster projects. This resulted in a preliminary negative unrestricted cash position of $13.5M. To restore Council’s unrestricted cash back to NIL, the Council’s internal restrictions were utilised in accordance with Council’s Liquidity Contingency Policy. This policy ensures that external restriction amounts remain protected.

The majority of the $5.9m grants spent in advance ($3.0m decrease from last quarter) relates to Public Works funded projects restoring levees from the damage caused by Natural Disaster Event 1034. It is unlikely that any grant funds for these projects will be receipted prior to 30 June 2025.

It is imperative that Council remains cash flow positive when delivering these significant works. Failure to do so will place pressure on Council’s unrestricted cash position and could result in projects being temporarily suspended until cash is made available. 

Preliminary General Fund Year End Results and Quarterly Review Movements

General Fund

Council’s General Fund revised December budget for 2024-25 was projecting a deficit before capital of $20.3M or an Operating Performance Ratio of negative 8.5%. This quarterly review has identified a decrease in Council’s projected General Fund’s deficit as a result of continued salary savings and one-off Waste Levy refunds. The updated projected General Fund deficit is $12.8M or Operating Performance Ratio of negative 6.1%.

The savings for the quarter include $1.3M in Financial Sustainability Review savings that were identified, removed from budgets and transferred to a Financial Sustainability Reserve.

The following table presents a high-level summary of the budget and movements for the General Fund for Quarter 3 2024-25:

Table 4: General Fund budget movements for Quarter 3 2024/25

($'000)

Current Adopted Budget

March QR Adjustments

March QR Revised Budget

YTD Actuals

Favourable / (Unfavourable)

Net Operating Result

35,602

2,418

38,020

56,651

Net Operating Result before Capital Grants & Contributions

(20,336)

7,556

(12,780)

32,680

 

Finance is closely monitoring actual expenditure across Council. The improvements in financial culture, which have been embedded throughout the organisation over the previous 12 months, have resulted in improved fiscal outcome for the organisation. YTD expenditure is $231M compared to a full year proposed revised budget of $330M – this represents 70% of the full year budget (as revised at Q3) and is an appropriate year to date spend.

Actual employee costs are currently 68.7% of the proposed revised full year budget (which was revised downwards this quarter). This is under the three-quarter mark at 75% despite the peak summer period having just passed. Further salary savings are expected in the last quarter of the year due to vacancies which are likely to improve Council’s net operating deficit position.

Materials and services YTD expenditure represents 65.9% of the revised full year budget which is below the 75% expected at 31 March. Areas of council that are planning for more materials spending in Q4 include:

·    Waste (timing of invoices mainly waste contracts and electricity)

·    Swim Sport and fitness (timing of expenses due to seasonality of maintenance work)

·    Environmental Services (conducts operational projects that can only be completed at certain times of the year which were partially completed in Q3 and continue into Q4).

·    Building & Property Services (mainly due to reactive maintenance)

·    Works and Services (expenditure on roads is not lineal in nature, works are impacted by weather patterns and the timing of capital v operational road works. Operational road budgets have also been committed to co-fund road repairs impacted by natural disaster. This work is planned to occur in Q4. Further, invoices for electricity [street lighting] will be received in Q4 and accrued ahead of end of financial year).   

Other Expenses has been adjusted down significantly by $4.8M, mainly due to one-off Waste Levy refunds for prior years’ overpayments. It is expected that the full year budget will be achieved by the end of the financial year.

Income is on track to meet full year forecast. User fees and charges are 78.4% received YTD as a result of higher income earned at Holiday Haven and Aquatic Centres during the peak summer season.

Projected unrestricted cash position has improved from $3.6M last quarter to $4M this quarter, mainly due to positive budget adjustments relating to Strategic Planning Projects mainly on the Nowra Riverfront.

Performance Measures

The revised forecasts of the Office of Local Government (OLG) performance measures for the 2024-25 financial year are detailed in Table 5 below.

Table 5

Ratio

March revised forecast

Benchmark

Pass/Not Met

Operating Performance Ratio

-6.1%

>0%

Not Met

Own Source Revenue Ratio

78.9%

>60%

Pass

Debt Service Cover Ratio

2.29

>2.00

Pass

Infrastructure Renewal Ratio^

30.2%

100%

Not Met

^ Proposed Revised budget renewal ratio excludes Natural Disasters, if Natural Disasters had been included renewal ratio would be 83.2%. Reduction from prior quarter due to infrastructure renewal carry forward/revotes of $8.56M including Natural Disasters and $7.02M excluding Natural Disasters

 

The calculations supporting these performance measures are reported in Attachment 2Quarterly Budget Review Report – March 2025.

In addition to the OLG performance measures, Council also has debt covenants it is required to achieve under its borrowings with NSW Treasury Corporation. Council is forecast to meet all required ratios on 30 June 2025 (the reporting date). The calculations supporting these debt covenant ratios are reported in Attachment 2Quarterly Budget Review Report – March 2025.

Financial Sustainability Internal Restriction

A new internal restriction titled “Financial Sustainability Reserve” (FSR) was created in Q1 with the purpose of quarantining savings identified through the Financial Sustainability Project, providing transparency to community regarding where the savings have gone and how they are accumulating over time.

As of 31 December 2024, the FSR balance was $2.8M. A further $1.3M in savings has been realised up to 31 March 2025, bringing the FSR reserve balance to $4.1M.

Cash and Investments

Council held $213.1M in cash and investments at 31 March 2025. This is split between amounts externally restricted, internally restricted, and amounts unrestricted. Council’s cash and investments are reported in Attachment 2 – Quarterly Budget Review Report – March 2025.

The funding, and ongoing management, of the grants spent in advance has placed significant pressure on the management of Council’s cash resources, and it will continue to be a challenge until Council's unrestricted cash levels are reinstated to the pre COVID amounts.

Preliminary Water Fund Year End Results and Quarterly Review Movements

Council’s Water Fund approved revised budget for FY 2024-25 was projecting a surplus before capital of $651K and Operating Performance Ratio of positive 1.5%. This quarterly review has identified a favourable result in Water Fund’s position to a projected surplus before capital of $3.9M, and Operating Performance Ratio of positive 8.6%.

The favourable result of $3.9M is driven by several positive adjustments:

·    An increase of $1.1M in forecast water usage charges

·    An anticipated $650K in external income from the JBT extension project

·    Employee cost savings and a corrected allocation of budgeted admin costs from the Water Fund to the Sewer Fund

·    A further $1M saving in materials and services, which is proposed to be transferred to the Water Reserve as part of the Q3 adjustments

The following table presents a high-level summary of the budget and movements for the Water Fund for Quarter 3 2024/25:

Table 6: Water Fund budget movements for 2024/25

($'000)

Current Adopted Budget

March QR Adjustments

March QR Revised Budget

YTD Actuals

Favourable / (Unfavourable)

Net Operating Result

2,329

3,922

6,251

5,192

Net Operating Result before Capital Grants & Contributions

651

3,277

3,928

4,318

 

Preliminary Sewer Fund Year End Results and Quarterly Review Movements

Council’s Sewer Fund approved revised budget for FY 2024-25 was projecting a surplus before capital of $12.0M and an Operating Performance Ratio of positive 18.03%. This quarterly review has identified a continuing favourable result in Sewer Fund’s position to a projected surplus before capital of $12.0M, and Operating Performance Ratio of positive 17.97%.

The continued favourable surplus in the Sewer Fund is primarily attributed to the following:

·    An increase of $300K in forecast sewer usage and liquid trade waste charges

·    A $400K saving in sewer treatment plant operating costs, driven by identified cost efficiencies

These positive impacts have been partially offset by:

·    A $250K increase in budgeted admin costs from Water Fund to Sewer Fund

·    Higher-than-budgeted internal plant charge recoveries of $400K

As a result of these movements, the Sewer Fund reflects a net favourable position of $3K for the quarter.

The following table presents a high-level summary of the budget and movements for the Sewer Fund for Quarter 3 2024-25:

Table 7: Sewer Fund budget movements for 2024/25

($'000)

Current Adopted Budget

March QR Adjustments

March QR Revised Budget

YTD Actuals

Favourable / (Unfavourable)

Net Operating Result

13,975

3

13,978

11,296

Net Operating Result before Capital Grants & Contributions

11,950

3

11,953

10,277

 

Capital Projects Progress Overview

Council continued to refine the FY 2024/25 capital works projects throughout the March 2025 quarter. Council has reviewed the committed capital works program as adopted as part of the 31 December 2024 Quarterly Budget Review and have identified projects to be rephased into FY 2025-26 due to timing of delivery.

This review resulted in:

·    Total carry forwards and revotes proposed at QBR3 are $10.3M.

·    Of the $10.3M revotes constitute $400K for 2 projects that have not commenced and have been deferred until FY2025/26. The remaining $9.9M is carry forwards. 

·    Of the $9.9M carry forwards Shoalhaven Water constitute $3.09M, Waste $812K, Natural Disasters $499K and the balance $5.5M is to be delivered by General Fund (excluding Waste).

·    Of the $5.5M in general fund carry forwards $2.88M relates to Roads and Transport primarily being South Coast Footpaths ($1.52M) and Roads to Recovery Program ($759K) both of which have been rephased to future years due to timing of the delivery of the programs and are 100% grant funded, $1.12M in Buildings and Property, and $470K in Bridges.

·    Of the $10.3M carry forwards and revotes $1.39M is general funds or SRV of which $123K is tied to grant funded projects, the remaining $1.27M is committed to projects already commenced. The remaining $8.91M is either grant or loan funded projects.

A more detailed list by program is provided in Attachment 3 – FY 24-25 – Q3 Proposed Carry Forwards and Attachment 4 – FY 24-25 – Q3 - Proposed Revotes.

Carry forwards and revotes will be considered as part of Council’s post exhibition changes, with approved projects being included in the final adopted FY2025/26 capital works program.

Status update of current FY2024/25 capital projects

The proposed revised capital works program for FY 2024-25 is $138.8M. This consists of:

·    Shoalhaven Water $45.35M with $27.98M spent – 61.70%

·    Waste Reserve $14.98M with $7.27M spent – 48.6%

·    Natural Disasters $24.9M with $18.76M spent – 75.3%

·    General Fund (excl Waste) $53.5M with $34.27M spent – 64.1%

The Materials Recovery Facility (MRF) is expected to have significant expenditure in Q4, and there are major building projects, such as the new Manyana RFS station, Bomaderry Depot and Lift replacements in Council Admin buildings which have large costs forecast for Q4. Therefore, year to date expenditure is in line with expectations as at Q3 FY 2024-25.

 

Conclusion

Positive results have been achieved year to date which are evident through this quarterly budget review.

Council is on the right track however the path to financial recovery is far from complete. Council finances will continue to be a challenge into the medium and long term as we work towards building an operational surplus and increasing our investment into the renewal of Council assets to the required level.

The ongoing maintenance of Council’s limited cash reserves, and the exposure to further natural disasters, continue to place pressure on Council, and council staff. The current lack of available cash and the continued intervention that Council is required to take in order to avoid using externally restricted cash puts Council at considerable risk. 

Finances will continue to be monitored with a high level of scrutiny, and financially responsible decision making will be necessary across all levels of Council.

 

Internal Consultations

Council staff from across the organisation have provided information to compile the report. 

 

External Consultations

Nil.

 

Community Consultations

The community is consulted via public exhibition as part of the development of the DPOP and Budget each year.

Subject to Council’s endorsement, the Quarterly Performance report will be made available on Council’s website. A range of other communication methods may also be used to communicate the outcomes of the report including performance highlights across Council’s social media platforms.

 

Policy Implications

There are no policy implications.

 

Financial Implications

The proposed changes result in a forecast unrestricted cash balance as at 30 June 2025 of $4M. The budgeted general fund operational and capital expenditures do not exceed the general revenue and available internal and external restrictions of the Council and consequently the adjustments conform to the requirement of no cash deficit budgeting.

 

Risk Implications

Due to the funding constraints documented throughout this report, it is unlikely there will be unrestricted general fund cash to commit to unplanned capital such as unfunded natural disaster works should another disaster be declared, or if a significant event was to occur such as mechanical failure of a major asset. This risk of not being able to fund the required works could result in reputational and safety risks for the Council and will have longer term financial impacts upon Council.

 

 


 

 Ordinary Meeting – Tuesday 27 May 2025

Page 1

 

 

CL25.164   Councillor Expenses and Facilities Policy - For Adoption

 

HPERM Ref:       D25/173597

 

Department:       Business Assurance & Risk

Approver:           Katie Buckman, Director - City Performance 

Attachments:     1.  Draft Councillor Expenses and Facilities Policy (under separate cover)

2.  Summary - Comments provided Public Submission - Councillor Expenses Policy (under separate cover)   

Purpose:

To progress the adoption of the Draft Councillor Expenses and Facilities Policy (Attachment 1) that was placed on Public Exhibition and to report on the submissions received.

 

Summary and Key Points for Consideration:

At the Council Meeting held on 25 February 2025, Council considered a report outlining the Draft Councillor Expenses and Facility Policy and resolved (MIN25.81)

“That Council:

1.    In accordance with Section 253 of the Local Government Act 1993, publicly exhibit the attached draft Councillor Expenses and Facilities Policy (Formerly known as “Council Members – Payment of Expenses and Provision of Facilities Policy”).

2.    Receive a report on any submissions received during the exhibition period. Should no adverse submissions be received the amended Policy be adopted at the close of the submission period.

3.    Rescind the Council’s existing Anzac Day Services - Wreath Laying Ceremonies Policy (POL22/100) noting the provisions with respect to provision of wreaths have been incorporated into the proposed draft Councillor Expenses and Facilities Policy.”

As prescribed by the Local Government Act, Council is required to adopt the Code within 12 months of the election.

It is proposed to adopt the policy with a date of implementation commencing 1 July 2025 for equity and clarity with respect to outstanding claims, resources and budget allocation for the new financial year and to accommodate system updates required.  

In accordance with the requirements and resolution of the Council, the Draft Councillor Expenses and Facility Policy was placed on public exhibition for 28 days being from Wednesday 5 March 2025 to Wednesday 2 April 2025 (inclusive).

One (1) single submission and a petition of 176 signatories were received during the public exhibition period and are detailed in the report below for consideration by the Council.

 

Recommendation

That Council in accordance with Section 252 of the Local Government Act 1993, adopt the draft Councillor Expenses and Facilities Policy (Formerly known as “Council Members – Payment of Expenses and Provision of Facilities Policy”) as publicly exhibited and attached. (Attachment 1) to commence from 1 July 2025.

 

 

Options

1.    Adopt as recommended

Implications: The attached draft Council Expenses and Facilities Policy that was publicly exhibited will replace our current Policy.

 

2.    Amendments be made to the Policy prior to adoption, reflecting the requests outlined in submission and/or other changes that the Council considers appropriate. 

Implications: Changes will be made prior to its adoption. Council may wish to undertake further consultation if significant changes are proposed.

 

Background and Supplementary information

This report provides Council with the proposed amendments to the existing Council Members – Payment of Expenses and Provision of Facilities Policy

The proposed policy amendments have been created in accordance with the OLG’s Model Policy and Guidelines, recommendations of Council’s Audit Risk and Improvement Committee  with minor adjustments to suit the local needs and circumstances of the Shoalhaven City Council as outlined in Attachment 1.

By way of reminder the following are the significant changes that have been made from the current policy to the draft Policy document (shown in attachment 1):

·    One Definition – Official Business which applies to the reimbursement of travel, meals, incidentals, and conferences as per the Office of Local Government’s model. Expenses of these types incurred for activities not meeting the definition of ‘Official Business’ will require formal approval or resolution of Council prior to payment.

·    Table of Definitions has been refined.

·    Conferences and seminars – Capped at $5,000 per Councillor per financial year, being a total of $65,000 per year for the elected Council (increased by CPI annually).

·    General travel – In accordance with Local Government State Award, kilometre rate and capped at $10,000 per Councillor for all National and State associated travel meeting the Official Business definition (Increased by CPI annually).

·    Interstate, overseas & long-distance travel may only be approved by Council.

·    Meals – costs of meals for Official Business will be reimbursed in accordance with the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award. No reimbursement will be available for alcoholic beverages.

·    Reimbursement of Tolls and parking fees at cost will be payable for those fees incurred whilst attending to Official Business.

·    Christmas or festive cards – Not provided, electronic mail system subscription can be used.

·    Secretarial assistance & office supplies – This has been withdrawn to reflect the provision of email and other tools available electronically to Councillors which have occurred since the policy was last adjusted.

·    Carer expenses – Childcare $3,000 and carer $2,000 available to support Councillor Activities whilst on Official Business (Increased by CPI annually).

·    Information communication technology expenses – Policy amended to provide suitable technology to allow a Councillor to conduct Council business based on individual needs and access at given geographical location as approved / agreed by the CEO. It is also recommended that the previous arrangement of Councillors purchasing electronic equipment at market rate at end of Council term will be removed.

·    Home office expenses – Capped at $1,600 requested by Councillor per term.

A clear capped limit for the following:

·    General travel expenses

·    Professional development

·    Conferences and seminars

·    Carer expenses

·    Home office expenses

The Anzac Day Services - Wreath Laying Ceremonies Policy will be rescinded as the provisions in relation to wreaths are proposed to be incorporated into the draft policy and such services will be considered Official Business.

Submissions:

One (1) formal submission was received from a member of the public, which is addressed in detail in Attachment 2 to this report, which in summary sought amendment/ clarification in the policy on the following topics:

·    Application of best practice

·    Council issued vehicles

·    Education

·    Cost efficient alternatives

·    Reducing the Reimbursement Rate for Non-Essential Travel or implementing a Sliding Scale for Distance

·    Travel cap of $10,000 be applied to all travel (local, intrastate, interstate, national – long distance travel)

·    Possible Personal Errands or Mixed-Purpose Travel

·    Mandating logbooks and justification

·    Tax- Free personal gain

·    Frequent Travel for Minor Business

·    Private vs Political business

·    Expenses Not Explicitly Addressed

·    Travel Expenses and Private Benefit

·    Professional Development and Membership Fees

·    Reporting of expenses

·    Implementation & Compliance

·    Whistleblower Protection

·    Councillors could submit inflated claims

Although the submission raised the above issues the draft policy addresses most of the concerns being that the model policy should be used.  The attachment provides commentary for the consideration of the Council on the points raised.

An electronic petition was also received containing 176 signatories.

The petition reads:

“I attach a petition, that should be taken as INDIVIDUAL feedback on the policy. I verify that I ran the petition and that signatories have signed on to the following position.

To: Shoalhaven City Council:

We, the undersigned residents of Shoalhaven, express our concern over the excessive councillor expenses outlined in the Council’s draft policy. It has come to our attention that Shoalhaven’s councillor expenses are three times higher than the average of comparable councils, with the mayor claiming approximately $30,000 annually in travel allowances since 2012.

https://static1.squarespace.com/static/58216bc615d5dbd2a2354e5e/t/674ffd7d1ff3242aa3f5fc9c/1733295486819/Whitedollars.pdf

We acknowledge the importance of supporting our elected officials in carrying out their duties effectively. However, we believe there is a fair and cost-effective solution to reduce excessive travel claims—providing the Mayor with a Council-owned vehicle for official duties. By supplying a dedicated vehicle, Shoalhaven Council can significantly reduce the Mayor’s personal vehicle travel claims, ensuring greater transparency and responsible use of ratepayer funds. This approach is already standard practice in many councils and would bring Shoalhaven in line with cost-effective governance standards. We, the residents and ratepayers of Shoalhaven, urge the Council to:

1.    Review the current travel allowance structure and ensure it aligns with best practices.

2.    Allocate a Council-owned vehicle to the Mayor for official duties to reduce excessive claims.

3.    Improve transparency and accountability in councillor expense reporting.

We seek your commitment to financial responsibility and fairness in Council spending.

You can confirm the veracity of the petition by emailing the signatories.”

Commentary in response to the petition

It is considered that as the draft policy presented to Council and placed on public exhibition, being based on the model policy template and consideration of benchmarking of other Councils, meets both part 1 and part 3 of the request outlined in the petition.

Part 2 of the petition requests a policy directive that a Council vehicle must be allocated to the Mayor. That requirement is not reflected explicitly in the draft policy and is provided as an option at clause 10.1. The wording is from the model for Councils to consider and therefore Council has included with the additional word (optional).

The Council may wish to amend this or other provisions of the draft policy prior to adoption.

In accordance with the Petitions Policy a further report is not required, and this will be dealt with as a submission on the current consultation process as specified in the policy:

‘Where a petition relates to a current consultation process, (including planning and development matters) on which the Council has not made final determination, the petition will be considered as a group submission to that process and correspondence from Council will be provided with acknowledgement, such correspondence being made with only the individual who submitted the petition.

When a petition is received on a matter which has been addressed by the Council or is about the same issue as a previous petition received (within the previous 12 months), the Chief Executive Officer or Director may determine that that the issues raised have previously been addressed and a report to Council is not warranted, in which case the petitioner will be informed of this decision.’

 

Internal Consultations

Prior to the report to Council on 25 February 2025 a range of internal consultation occurred with respect to the drafting of the Policy, and was detailed in that report available here.

 

External Consultations

The Draft Policy is based on the Model Policy set out by the Office of Local Government and reflects upon further advice from that Office, the Audit Risk and Improvement Committee and the policies of other Councils.

 

Community Consultations

Submissions from the public were called via Council’s Documents on Exhibition page prescribed period of 28 days being from Wednesday 5 March 2025 to Wednesday 2 April 2025 (inclusive).

As a result, an electronic petition was also received containing 176 signatories. It is not appropriate in line with the petitions to Council policy to attach the petition to the report. The petition statement is shown in the body of the report. In addition, a formal individual submission was provided as outlined in Attachment 2 of this report.

 

Policy and Statutory Implications

Adoption of the Councillor Expenses and Facilities Policy is required to be in accordance with the relevant provisions of the Local Government Act provided below:

Section 252 of the Local Government Act 1993 states:

252 Payment of expenses and provision of facilities

(1) Within the first 12 months of each term of a council, the council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, the deputy mayor (if there is one) and the other councillors in relation to discharging the functions of civic office.

(2) The policy may provide for fees payable under this Division to be reduced by an amount representing the private benefit to the mayor or a councillor of a facility provided by the council to the mayor or councillor.

(3) A council must not pay any expenses incurred or to be incurred by, or provide any facilities to, the mayor, the deputy mayor (if there is one) or a councillor otherwise than in accordance with a policy under this section.

(4) A council may from time to time amend a policy under this section.

(5) A policy under this section must comply with the provisions of this Act, the regulations and any relevant guidelines issued under section 23A.

 

Financial Implications

It is anticipated that adoption of the policy, particularly with the changes proposed to Official Business, kilometre rate as per the NSW State Government Award, and application of limits will result in a reduction of expense reimbursement under the policy, however the quantity of the savings will be dependent upon a range of factors, including the levels of involvement of Councillors in official business requiring travel or other expense reimbursement.

It is proposed that the policy will be implemented from 1 July 2025 for the new financial year for clarity and equity across all Councillors. 

 

Risk Implications

Should Council’s final adopted policy defer from the OLG model policy and those of other benchmarked Councils, there is reputational risk given Council’s current financial status, identified amendments recommended by the Audit and Risk Improvement Committee in 2022 which remain unaddressed and recent Council resolutions on facets of this policy.

 


 

 Ordinary Meeting – Tuesday 27 May 2025

Page 1

 

 

CL25.165   Ongoing Register of Pecuniary Interest Returns - April 2025

 

HPERM Ref:       D25/152050

 

Department:       Business Assurance & Risk

Approver:           Katie Buckman, Director - City Performance   

Purpose:

To provide Council with the Register of Pecuniary Interest Returns from newly designated persons lodged with the Chief Executive Officer for the period of 1 April 2025 to 30 April 2025 as required under Section 440AAB of the Local Government Act 1993 and Part 4.26 of the Code of Conduct.

 

Summary and Key Points for Consideration:

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

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

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

Part 4.26 of the Model Code of Conduct states:

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

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

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

Directorate

Name

Designated Position Start Date

Returned

City Services

Sameera Pitawala

District Engineer North

15/04/2025

City Development

Chris Dwyer

Lead – Compliance

15/04/2025

 

Those marked with an asterisk (*) have already completed an annual form and have submitted a new form updating their details and/or circumstances.

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

 

Recommendation

That the report of the Chief Executive Officer regarding the Ongoing Register of Pecuniary Interest Returns lodged for the period of 1 April 2025 to 30 April 2025 be received for information.

 

Options

1.    That the report be received for information.

Implications: Nil.

 

2.    That the Council may seek further information.

Implications: Further information be provided to Council in future reports in line with the resolution.

 

Background and Supplementary information

This report is being submitted directly to the Ordinary Meeting due to the requirements under the Code of Conduct and the Local Government Act 1993.

 

Internal Consultations

Internal consultation is not required as the process for Initial Pecuniary Interest forms is governed by the Local Government Act 1993, the Model Code of Conduct and the Government Information (Public Access) Act, 2009.

 

External Consultations

External consultation is not required as the process for Initial Pecuniary Interest forms is governed by the Local Government Act 1993, the Model Code of Conduct and the Government Information (Public Access) Act, 2009.

 

Community Consultations

Community consultation is not required as the process for Initial Pecuniary Interest forms is governed by the Local Government Act 1993, the Model Code of Conduct and the Government Information (Public Access) Act, 2009.

 

Policy Implications

The obligations with respect to the Pecuniary Interest Returns by designated officers are in accordance with the Model Code of Conduct and the Government Information (Public Access) Act, 2009.

 

Financial Implications

There are no financial implications for this report.

 

Risk Implications

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

 


 

 Ordinary Meeting – Tuesday 27 May 2025

Page 1

 

 

CL25.166   Kangaroo Valley Show - Request for Application of Partial Public Holiday 2026/2027

 

HPERM Ref:       D25/59803

 

Department:       Business Assurance & Risk

Approver:           Katie Buckman, Director - City Performance 

Attachments:     1.  Letter - Application Request - Kangaroo Valley A&H Association (under separate cover)

2.  Ministerial Guidelines - Public Holiday (under separate cover)

3.  Letter of Support - Kangaroo Valley Lions (under separate cover)

4.  Letter of Support - Kangaroo Valley Public School (under separate cover)

5.  Letter of Support - South Coast & Tablelands Show Societies (under separate cover)

6.  Letter of Support - Chamber of Tourism & Commerce (under separate cover)

7.  Community Survey - Conducted by Kangaroo Valley A&H Association (under separate cover)

8.  Economic Profile - 2024 Event (under separate cover)

9.  Summary of Submissions received (under separate cover)

10.   Copy of Advertisements (under separate cover)   

Purpose:

To consider the request from Kangaroo Valley Agricultural & Horticultural (A&H) Association for the proclamation of a Public Holiday for the Kangaroo Valley Show as a Partial Public Holiday for both 2026 and 2027. The proposed dates are for the first days of each show being Friday 13 February 2026 and Friday 12 February 2027.

 

Summary and Key Points for Consideration:

Council has received a request to make an application for a Local Public Holiday for the Kangaroo Valley Show days being 13 February 2026 and 12 February 2027. Along with the application, Council received supporting correspondence (see attached).

An Advertisement was placed in the March 2025 edition of the Kangaroo Valley Voice and in the South Coast Register on 1 March 2025. Council’s website was updated to welcome comments from the public up to 1 April 2025.

Supporting documents submitted with the application are listed above under attachments.

 

Recommendation

That Council:

1.    Notes the comments received as a result of the public consultation outlined in the attachments to the report; and

2.    Make a biennial application to the Minister for Industrial Relations under the Public Holidays Act 2010, over the Locality of Kangaroo Valley within the Shoalhaven City Council area, as highlighted in the map (detailed in the report and published on Council’s webpage), for the proclamation of a partial public holiday (9am-5pm) on the first day of the Kangaroo Valley Show to be held on the following dates:

a.    Friday 13 February 2026

b.    Friday 12 February 2027

 

 

Options

1.    Council resolve to make the application to the Department of Premier & Cabinet (Industrial Relations) with the wording provided above.

Implications: This will continue the historic practice of support from the Council and submission of an application to the Minister for a Public Holiday for the first day of Kangaroo Valley Show for the years 2026 and 2027. 

 

2.    Council resolve to not support the request and not make the application to the Department of Premier and Cabinet (Industrial Relations) for the reasons regarding the submissions received not supporting the Public Holiday and notify the applicant accordingly.

Implications: A resolution other than support will impact the usual practice of the 2026 and 2027 Show. Kangaroo Valley A&H Association would need to be informed accordingly.

 

Background and Supplementary information

Council received a request (on 29 October 2024) from the Kangaroo Valley Agricultural & Horticultural (A&H) Association (Attachment 1) for Council to make an application to the Minister for Industrial Relations for the proclamation of a public holiday for the first day of the Kangaroo Valley Show as a partial Public Holiday under the Public Holidays Act 2010.  Kangaroo Valley A&H Association have made an application for a Public Holiday for the Kangaroo Valley Show for more than 25 years. Each previous application has been approved by the Minister.

Applications are now made biennial to achieve approval for two consecutive years under each application (if required). The Guidelines for Local Public Holidays are provided as (Attachment 2) to this report.

Under the Public Holidays Act 2010, Council has an obligation to process any application received for a Public Holiday.

Employees whose place of work is within a local public holiday area will be entitled to be absent from work for the day or part day declared to be a public holiday. In addition, employees who work on the day or part day may have an entitlement to penalty rates under a relevant award or enterprise agreement.

Once an application is received by Council, the application process involves:

·    Consultation by Council and the Kangaroo Valley A&H Association with the affected community and other relevant stakeholders located in the local area.

·    Resolution of the Council to proceed with the application and consultation process.

·    Submission of the application by 10 November 2025 to the Minister. The application is to contain the following information:

a statement regarding the history of the event and whether the event day has traditionally been observed as a full or half-day public holiday.

the date, the designated area and, if relevant, the hours during which the public holiday or local event day is to be observed.

the extent of community consultation undertaken in respect of the proposal.

copies of advertisements seeking public comment and a summary of the responses from the local community.

a summary of correspondence to, and responses from, relevant stakeholders, including bank managers, school principals, and chambers of commerce regarding the Council's proposal.

internal reports or information prepared for consideration by the Council and a copy of the Council's resolution authorising the making of the application.

Attachments 3-6 are supporting letters which accompanied the application, also submitted in support was a community survey (Attachment 7) conducted by the Kangaroo Valley A & H Association.

An Economic Profile of the 2024 Kangaroo Valley Show was conducted by the Tourism & Economic Development Manager as shown in Attachment 8.

Attachment 9 is the Summary of Submissions in response to the Community Consultation conducted by Council from South Coast Register Advertisement and the Advertisement in the Kangaroo Valley Voice.

Council is now at the stage of making an application to the Department of Premier & Cabinet (Industrial Relations) using the following wording:

That Council Make a biennial application to the Minister for Industrial Relations under the Public Holidays Act 2010, over the Locality of Kangaroo Valley within the Shoalhaven City Council area, as highlighted in the map (detailed in the report and published on Council’s webpage), for the proclamation of a partial public holiday (9am-5pm) on the first day of the Kangaroo Valley Show to be held on the following dates:

·    Friday 13 February 2026

·    Friday 12 February 2027

 

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See also Councils webpage - Partial Public Holiday Proposal - Kangaroo Valley

 

Internal Consultations

The following comment has been provided by the Acting Manager Cultural & Community Services – Economic Profile – 2024 Event:

The Kangaroo Valley show goes for two days. With an estimated daily attendance of 2000 people through the gates. The Kangaroo Valley Show has grown in popularity over the years however retains the character of a country show and so is a drawcard for visitors from other areas. The estimated total economic impact for the Kangaroo Valley Show would be $320,000 and would lead to a corresponding direct increase of employment equivalent to 1.8 annual local jobs across a range of industries. See Economy ID Event Impact Report attached (Attachment 8).

 

External Consultations

Nil

 

Community Consultations

Council conducted a series of advertisements during March 2025 in the South Coast Register and the Kangaroo Valley Voice. Facebook Ads were also conducted during this consultation period and can be viewed in Attachment 10.

 

Policy and Statutory Implications

Nil

 

Financial Implications

There are no significant financial implications that would result from this matter.

 

Risk Implications

Nil

 


 

 Ordinary Meeting – Tuesday 27 May 2025

Page 1

 

 

CL25.167   Investment Report - April 2025

 

HPERM Ref:       D25/197929

 

Department:       Finance

Approver:           James Ruprai, Acting CEO 

Attachments:     1.  Monthly Investment Review (under separate cover)

2.  Statement of Investments (under separate cover)   

Purpose:

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

 

Summary and Key Points for Consideration:

Council’s total Investment Portfolio returned 5.03% per annum for the month of April 2025, outperforming the benchmark Aus Bond Bank Bill Index (4.38%p.a.) by 65 basis points (0.65%).

 

Recommendation

That Council receive the Record of Investments for the period to 30 April 2025.

 

Options

1.    The report of the record of Investments for the period to 30 April 2025 be received for information, with any changes requested for the Record of Investments to be reflected in the report for the period to 31 May 2025.

Implications: Nil

 

2.    Further information regarding the Record of Investments for the period to 30 April 2025 be requested.

Implications: Nil

 

Background and Supplementary information

Investment Portfolio

Council’s investment balance as of 30 April 2025 was $197.78 million and consisted of the following types of investments. 

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The details of each investment held by Council on 30 April 2025 is included in the Statement of Investments at Attachment 2.

The graph below illustrates Council’s investments balance on a rolling 12-month basis.  Timing of expenditure and grant monies varies throughout the year which can cause fluctuations in the overall balance at the end of each month.  The reason for the decrease in portfolio balance is because the outstanding amount of the loan for the Sanctuary Point Library ($5,956,526) was repaid in full on 28 April in accordance with the Council resolution made on 25 February 2025 (MIN25.79).

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Portfolio Return

For the month of April, the total investment returns were a positive 5.03% p.a. outperforming Aus Bond Bank Bill Index (4.38%) by 65 basis points.

Investments

Graph 1 below, shows the performance of Council’s Investment Portfolio against the benchmark on a rolling 12-month basis.

A graph of a graph showing the average return and bank bill index

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Investment Interest Earned – April 2025

Much of Council’s cash is restricted in its use to specific purposes by external bodies (e.g., specific purpose unspent grants), legislation (e.g., developer contributions, domestic waste management, water and sewer funds) and Council resolutions (i.e., internally restricted reserves).  Interest earned on externally restricted cash must be allocated to those external restrictions in accordance with legislation. The two tables below show the allocation of interest to each applicable Fund.

Table 1 below, shows the interest earned for the month of April 2025.

Table 1 - Interest Earned for the Month of April 2025

Fund

Monthly Revised Budget
$

Actual Earned
$

Difference
$

General

492,148

518,086

25,937

Water

178,131

195,344

17,212

Sewer

120,947

135,891

14,944

Total

791,226

849,321

58,094

The interest earned for the month of April, was $849,321 compared to the monthly revised budget of $791,226.

 

Investment Interest Earned - Year to Date

Table 2 below, demonstrates how the actual amount of interest earned year to date has performed against the 2024/25 budget.

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

Fund

Revised Total Annual Budget 1
$

Actual
YTD
$

%
Achieved

General

 5,987,804

4,995,127

83.42%

Water

 2,167,263

1,823,411

84.13%

Sewer

1,471,521

1,244,482

84.57%

Total

 9,626,589

 8,063,020

83.76%

1 As part of the December Quarterly Budget Review, it was resolved to increase the annual budget for interest income by $3.8M. This is because the interest rates on investments are higher than originally forecast and Council is earning more interest than originally budgeted.

The interest earned in the general fund of $4,995,127 includes interest earned on unspent s7.11 developer contributions and Domestic Waste Management reserves, which is required to be restricted by legislation. Interest earned on unspent s7.11 developer contributions is $1,208,801 and Domestic Waste Management reserves is $316,126 to the end of April 2025. This leaves $3,470,200 which is unrestricted.

All returns on investments above budget on externally restricted Funds must be allocated to those Funds in accordance with legislation. Externally restricted surplus funds will be allocated to the respective external reserve to help fund future capital works included in the long-term financial plan. Any returns on investments above budget on unrestricted Funds will be used to replenish internal reserves which are currently funding costs incurred and spent on grant funded projects awaiting final acquittal.

The cumulative interest earned for the year (July to April) was $8,063,020 which is 83.76% of the current full year revised total annual budget.

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

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A graph showing the amount of income

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Internal Consultations

Not applicable.

 

External Consultations

Council’s investment advisor, Arlo Advisory Pty Ltd.

 

Community Consultations

Not applicable.

 

Policy Implications

All investments have been placed in accordance with Council’s Investment Policy.

 

Financial Implications

Council is on track to achieve the revised budgeted interest revenue forecast for the current financial year.

 

Risk Implications

All investments are placed with preservation of capital the key consideration to prevent any loss of principal invested.

 

Statement by Responsible Accounting Officer

I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulations 2021 and Council’s Investments Policy POL22/78.

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Mathew Badcock                                      Date:  13 May 2025

 


 

 Ordinary Meeting – Tuesday 27 May 2025

Page 1

 

 

CL25.168   Proposed Sub-Lease - 42 Clipper Road, Nowra - Illawarra Area Child Care Ltd

 

HPERM Ref:       D25/164547

 

Department:       Buildings & Property Services

Approver:           Kevin Norwood, Acting Director - City Services  

Purpose

The purpose of this report is for Council to consider approval of a new five-year sub-lease to Illawarra Area Child Care Ltd at Lots 141-143 DP 703670, known as 42 Clipper Road, Nowra.

 

Summary and Key Points for Consideration

·    The property is owned by NSW Land & Housing Corporation and leased to Shoalhaven City Council until 3 September 2088 on a peppercorn rent. Council can enter into a sub-lease agreement for the purposes of using the property for childcare services.

·    Council resolution is required to determine the proposed sub-lease on the basis the annual rent exceeds $5,000 per annum.

 

Recommendation

That Council:

1.    Enter a five-year sub-lease with Illawarra Area Child Care Ltd (ABN 87 002 974 076) over the land leased by Shoalhaven City Council from NSW Land and Housing Corporation known as Lots 141-143 DP 703670, 42 Clipper Road, Nowra.

2.    Establish commencement sub-lease gross rental amount of $17,000 (excluding GST) per annum with annual step-up rent increases of $12,000 (excluding GST) for the term of the sub-lease, with annual rent increases adjusted to the Consumer Price Index (All Groups Sydney).

3.    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 Chief Executive Officer or delegated officer to sign any documentation necessary to give effect to this resolution.

 

 

Options

1.    Resolve as recommended.

Implications: Illawarra Area Child Care Ltd will be able to continue their services to the community using the premises as a preschool and childcare centre, being the only use allowed under the head lease.

2.    Seek opportunity for new tenancy.

Implications: If Illawarra Area Child Care Ltd do not secure these premises under a new sub-lease term, Council will need to advertise the premises for a new childcare services operator through Expression of Interest.

 

Background and Supplementary information

The property at Lots 141-143 DP 703670, 42 Clipper Rd Nowra is currently leased to Council until 3 September 2088. Improvements consist of a childcare facility – refer Figure 1.

Illawarra Area Child Care Ltd is a community owned, not-for-profit organisation that currently sub-leases the property from Council.

Illawarra Area Child Care Ltd has successfully managed education and care services in the Illawarra and Shoalhaven for over 34 years. In 1998, ECTARC established a Registered Training Organisation that, for over 20 years, has specialised in the delivery of early childhood training and professional development across Australia.

The premises is currently used as a 32-place service providing early childhood education and long day care for children from birth to school age in Nowra for 48 weeks of the year. The sub-lessee has been on a five-year lease arrangement and seeks a new sub-lease with Council.

Figure 1 – Leased property 42 Clipper Road, Nowra (Lots 141-143 DP703670)

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Internal Consultations

Internal stakeholder consultation was undertaken, and no concerns were raised to the new sub-lease.

 

External Consultations

No external consultation was required for this proposal as Council is re-negotiating with the existing sub-lessee for a new term.

 

Community Consultations

The land is currently leased to Council by NSW Land and Housing Corporation and no consultation/notification is required.

 

Policy and Statutory Implications

Council Policy 22/98 (Occupation of Council Owned or Managed Land) is relevant to the proposed sub-lease and has been considered for this matter.

The Rental Assessment Framework (RAF) is utilised to determine a fair rental subsidy.

The community group provided information through a Proposal to Occupy Council Property which was used to assess an applicable subsidy amount.

The land is not owned by Council meaning the provisions of the Local Government Act (community land) to the grant of a lease or licence under section 46 is not relevant for this sub-lease proposal.

 

Financial Implications

A market rent assessment was obtained as required under POL22/98 and rental subsidy calculation undertaken.

Application of the RAF calculator determined a rental subsidy of 18% for the sub-lease proposal as a not-for-profit local community organisation. This resulted in a new rental amount of $73,800 (excluding GST) p.a. The current sub-lease rent is $4,172 p.a. Discussions took place with the sub-lessee on the basis of the assessed large rental increase.

The sub-lessee has demonstrated that childcare service pricing/fees is capped by regulations imposed by the federal government and otherwise is restricted from raising revenue to meet the rent increase amount determined by the RAF assessment. Council officers undertook negotiations with the sub-lessee to discuss options to achieve rental increase taking into consideration the financial constraints on fee increases imposed by government regulation. A step-up rental arrangement for the term of a proposed new sub-lease was discussed to achieve the objectives of rental return for Council and recognising the limitations on the childcare provider and fees. The revised rental arrangement also recognises the financial impost that would result if rent was immediately increased to the assessed maximum subsidised market rent amount and the resulting issue of sustainable childcare service provision into the future and services to the community.

The agreed rental arrangement includes outgoings (gross lease) that otherwise would be separately passed to the sub-lessee including rates, building insurance, water and sewerage. The sub-lessee is separately responsible for garbage and utilities costs (usage) incurred with occupation of the property and is separate to the proposed new gross lease.

Council will receive annual rent increases of $12,000 (+ CPI adjustments) at the start of each new sub-lease term. Total rent revenue to Council over the sub-lease term will be $205,000, an improved revenue position for Council in the order of $182,000.

The licensee is also responsible for the costs of new licence preparation in accordance with POL22/98.

Consultation has been undertaken, and the licensee has agreed to the proposed new rent and outgoings.

 

Risk Implications

It is normal practice to allow for an interest in land in the form of a sub-lease. Valuation advice was received for the proposed lease. Council’s interests have been considered and there is minimal risk associated with the recommended new sub-lease.

 


 

 Ordinary Meeting – Tuesday 27 May 2025

Page 1

 

 

CL25.169   Proposed New Lease - Shop 3, 69 Princes Highway, Milton (Milton Courtyard Studios) - Mark Hurley

 

HPERM Ref:       D25/185507

 

Department:       Buildings & Property Services

Approver:           James Ruprai, Acting CEO  

Purpose

The purpose of this report is for Council to consider approval of a new five-year lease to Mark Hurley at Part Lot 1 DP 736273, Part Lot 5 DP 631087 & Part Lot 1 DP325570, known as Shop 3, 69 Princes Highway Milton.

 

Summary and Key Points for Consideration

·    The land is classified as Council owned Operational land and Council can enter the proposed new five-year lease.

·    Council resolution is required to determine the granting of the proposed lease on the basis the annual rent exceeds $5,000 per annum.

 

Recommendation

That Council:

1.    Enter a new five-year lease with Mark Hurley (ABN 39 421 030 235) over Council Operational land known as Shop 3, 69 Princes Highway, Milton (Part Lot 1 DP 736273, Part Lot 5 DP 631087 & Part Lot 1 DP325570).

2.    Establish commencement new lease rental of $5,507 (excluding GST) per annum with annual rent increases in line with the Consumer Price Index (All Groups Sydney).

3.    Lessee to be responsible for operating costs of the leased premises including proportional building insurance at an estimated cost of $346.04 (excluding GST) per annum.

4.    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 Chief Executive Officer or delegated officer to sign any documentation necessary to give effect to this resolution.

 

 

Options

1.    Resolve as recommended.

Implications: The lessee will be able to continue in the community with other members to highlight furniture and other artworks.

2.    Seek opportunity for new tenancy.

Implications: If Mark Hurley does not secure the premises under a new licence term, Council will need to advertise the premises through Expression of Interest.

 

Background and Supplementary information

The property at Part Lot 1 DP 736273, Part Lot 5 DP 631087 & Part Lot 1 DP325570 (Shop 3, 69 Princes Highway, Milton) is Council-owned Operational land (refer Figure 1). Improvements consist of a car park and buildings including public toilets, and seven commercial/retail premises known as the “Courtyard Studios.” Shop 3 is currently occupied by Mark Hurley.

The premises is used by local Shoalhaven artists to display their work and meet with like-minded residents for companionship and respite. The premises has been used for this purpose since 2012 and attracts locals and tourists.

Figure 1 – Courtyard Studios at 69 Princes Highway, Milton

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Figure 2 – Leased premises

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Internal Consultations

Internal stakeholder consultation was undertaken, and no concerns were raised to the new lease.

 

External Consultations

No external consultation was required for this proposal given Council is re-negotiating with the existing lessee for a new term.

 

Community Consultations

The land is classified as Operational land, and no consultation/notification is required.

 

Policy and Statutory Implications

Council Policy 22/98 (Occupation of Council Owned or Managed Land) is relevant to the proposed licence and has been considered for this matter.

The Rental Assessment Framework (RAF) is utilised to determine a fair rental subsidy.

The licensee provided information through a Proposal to Occupy Council Property which was used to assess the applicable subsidy amount.

The land is classified as Operational land meaning the provisions of the Local Government Act (community land) and the grant of a lease or licence under section 46 is not relevant for this licence proposal.

 

Financial Implications

A market rent assessment was obtained as required under POL22/98 and determined as $9,000. In 2019, the previous licence was approved with an annual rent of $5,000. There is no evidence that this was determined by market valuation or application of the RAF subsidy calculator.

A Proposal to Occupy Council Property was submitted and RAF calculator applied to assess a potential new rent amount. This resulted in a 39% rental subsidy and annual rent of $5,507 (excluding GST) per annum. 

Discussion took place with the licensee based on the rental increase using the market valuation figure. The licensee indicated that the imposition of the market rent amount (68% rent increase) would be unsustainable.  Adopting the RAF calculator method, Council will receive annual rent income of $5,507 + outgoings and is an improved revenue position for Council over the new licence term.  This is acceptable as Council is improving its commercial position under the proposal and is supported by the Proposal to Occupy Council Property/RAF calculator assessment.

The licensee is also responsible for the costs of new licence preparation in accordance with POL22/98.

Consultation has been undertaken, and the licensee has agreed to the proposed new rent and outgoings.

 

Risk Implications

It is normal practice to allow for an interest in a premises in the form of a lease. Council’s interests have been considered and there is minimal risk associated with the recommended new lease agreement.

 


 

 Ordinary Meeting – Tuesday 27 May 2025

Page 1

 

 

CL25.170   Report Back - Nowra CBD Parallel/Angle Parking Investigation

 

HPERM Ref:       D25/193469

 

Department:       Technical Services

Approver:           Kevin Norwood, Acting Director - City Services  

Purpose

The purpose of this report is to inform Council about the viability of a review of parallel parking versus angle parking in Nowra CBD, including the road paint marking cost per metre to mark vehicle spaces on the existing parallel parking available in Nowra CBD in accordance with items 1 and 2 of MIN25.158 from the 15 April 2025 Council Meeting.

 

Summary and Key Points for Consideration

·      Road reserves in the Nowra CBD are constrained by their relatively narrow width (20m) which precludes the introduction of angled parking, unless the roads were to be transformed to one-way streets.

·      The ‘most recent’ study (Nowra CBD Parking Study 2015 is still current due to the forward forecasts modelled) doesn’t support one-way streets in Nowra as a means of providing additional parking. This assessment is summarised in the 2015 study where it states: “It is understood Council are considering one-way streets as a means of providing more parking, this is not recommended given traffic model forecasts, the problems one-way streets generate, and the very limited parking benefits. In all cases testing concluded that these arrangements should not be progressed due to accessibility issues and adverse traffic impacts.”

·      The cost of line marking vehicle spaces on the existing parallel parking available in Nowra CBD is approximately $5 - $12 per metre depending on the scale of the works.  Another consideration is traffic control to safely undertake the line marking which is approximately $2,000 per day.

 

Recommendation

That Council receive for information, the report back on Nowra CBD Parallel/Angle Parking Investigation.

 

 

Options

1.    As recommended.

Implications: Existing parallel parking remains in the Nowra CBD.

 

2.    That Council adopts an alternate resolution.

Implications: Any implications of an alternate resolution would be dependent on the nature of the resolution.

 

Background and Supplementary information

At the Ordinary Council Meeting held 15 April 2025 Council resolved the following:

RESOLVED MIN25.158

That Council:

1.    Request that the Acting CEO advise if there has been any research undertaken previously by Council or prepare an updated report on the viability of and review of Parallel parking versus Angle parking.

2.    The report to include the road paint marking cost per metre to mark vehicles spaces on the existing Parallel parking available in the CBD.

 

Response to Item 1

This matter has previously been considered, since the earlier removal of the Princes Highway from the Nowra town centre. Road reserves in the Nowra CBD are constrained by their relatively narrow width (20m) which precludes the introduction of angled parking, unless the roads were to be transformed to one-way streets.

The few examples city wide where there is angled parking in 20m road reserves is typically contained to parking and access streets, not busy CBD streets, and is typically only on one side of the road. Other locations like Huskisson and Ulladulla have angled parking due to the much wider 30m road reserves in those locations.

The ‘most recent’ study is the Nowra CBD Parking Study 2015, which is still current due to the forward forecasts modelled extending through present day. The 2015 study doesn’t support one-way streets in Nowra as a means of providing additional parking and summarises this assessment where it states:

“It is understood Council are considering one-way streets as a means of providing more parking, this is not recommended given traffic model forecasts, the problems one-way streets generate, and the very limited parking benefits. In all cases testing concluded that these arrangements should not be progressed due to accessibility issues and adverse traffic impacts.”

It is also relevant that the recently adopted Active Transport Strategy suggests that in the longer term, if there is any consideration to a change of use of road reserve space in the Nowra CBD, it should be for active transport solutions, not more parking. To achieve this, the Strategy envisages more parking to be provided around the Nowra CBD periphery (including the proposed multistorey car park at the Berry/Worrigee site).

 

Response to Item 2

The cost of line marking vehicle spaces on the existing parallel parking available in Nowra CBD is approximately $5 - $12 per metre depending on the scale of the works.  Another consideration is traffic control to safely undertake the line marking which is approximately $2,000 per day.

 

Internal Consultations

Internal consultation occurred with the Technical Services team.

 

External Consultations

No external consultations have taken place for the contents of this report

 

Community Consultations

No community consultations have taken place for the contents of this report.

 

Policy and Statutory Implications

No policy implications for Council receiving this report back.

 

Financial Implications

Nil financial implications for this report.  However, significant investment would be required if changes were proposed.

 

Risk Implications

Nil risk implications for this report.

 

 


 

 Ordinary Meeting – Tuesday 27 May 2025

Page 1

 

 

CL25.171   Progress Report - Financial & Practical Feasibility of increasing internal delivery of Traffic Control Services

 

HPERM Ref:       D25/207006

 

Department:       Works & Services

Approver:           Kevin Norwood, Acting Director - City Services  

Purpose

To provide a progress report in accordance with Council Resolution MIN25.9 which outlines the progress of the Feasibility Study for the establishment of a Traffic Control function.

 

Summary and Key Points for Consideration

The Feasibility Study remains ongoing, with initial reviews and consultations now complete. The final study is expected to be finalised and presented to Council in July 2025.

 

Recommendation

That Council receive for information, the Progress Report for the Feasibility Study for establishment of a Traffic Control Function.

 

 

Options

1.    As recommended.

Implications: Status of the feasibility study outlined in this report is received by Council.

 

2.    That Council adopts an alternate resolution.

Implications: Any implications of an alternate resolution would be dependent on the nature of the resolution.

 

Background and Supplementary information

On 21 January 2025 Council resolved MIN25.9.

1.    That the Council direct the Acting Chief Executive Officer to prepare a report to Council, which includes a study into the financial and practical feasibility of establishing an appropriately trained, licensed and fully equipped traffic control business unit, or the integration of traffic management skill sets within appropriate current job roles, with that feasibility study including:

a)    Case studies of minor Council projects showing high level costing/expenditure, indicating the amount that is paid for traffic control services.

b)    What support such a business unit, or integrated traffic management skill sets, could provide Council for projects and initiatives that require the services of Traffic Controllers including road repair and renewal, erecting or repairing roadside fences, clearing roadside drains, and maintaining roundabouts and roadside vegetation; and

c)    Consideration of a fee-for-service function to external agencies or businesses that require Traffic Control services while conducting their business.

2.    That a progress report be provided to Council on the findings in May 2025.

Council has commenced the Feasibility Study in accordance with MIN25.9, with the initial phase focusing on a review of Council’s Traffic Management procedures and consultations—both internal and external—with neighbouring councils. This approach ensures the feasibility study is informed by contemporary industry practices and current council operations.

Initial findings include:

·      The need to modify current Council practices to better align with contemporary industry practices to improve efficiencies.

·      Recognition that existing job roles already incorporate traffic management skills; however, their consistent application is hindered by competing priorities that impact staff productivity and service levels. This has led to an increased reliance on external traffic control contractors.

·      Confirmation that either the continued engagement of external contractors or the establishment of a new business unit dedicated to traffic management services is necessary to maintain existing maintenance levels.

·      Conservative risk assessment practices associated with traffic management is a contributing factor to cost inefficiencies.

·      Anticipation of cost savings as a result of this initial review, regardless of the final feasibility study recommendations.

·      Determination that a Council-operated business unit providing fee-for-service traffic management to external agencies is unlikely to be viable due to the competitive and well-established nature of the industry.

The feasibility study remains ongoing, with further analysis and consultation to ensure Council’s approach to traffic management is efficient, cost-effective, and aligned with best practices. Findings from subsequent phases will inform the final recommendations and implementation strategy.

It is anticipated that the Feasibility Study will be completed and presented to Council in July 2025.

 

Internal Consultations

Initial consultation has been conducted with the Council WHS safety team, along with high-level discussions with staff who are actively engaged in traffic management as part of their roles within Council. This process is being undertaken to ensure an accurate knowledge of current practices is considered in the Feasibility Study.

 

External Consultations

Shoalhaven City Council has undertaken consultation on traffic management practices and associated internal reviews with Wollongong City Council and Shellharbour City Council. As part of this process, staff conducted a site visit to assess potential improvements and identify insights that could inform this Feasibility Study.

A key consideration was the comparison between engaging external traffic management providers and building internal traffic management capacity, as well as the relevant policies and procedures that govern these approaches.

Following this initial consultation, further engagement with external traffic consultants has been arranged to support a formal review of Shoalhaven City Council's Traffic Management Policies and Procedures. This ensures that the Feasibility Study's recommendations align with contemporary industry standards and best practices.

 

Community Consultations

Community Consultation has not been undertaken as it is not considered to influence the Feasibility Study.

 

Policy and Statutory Implications

One internal objective arising from the consultation and review that informs this Feasibility Study is the modification of Council’s associated procedure (P34 Traffic Management Procedure) to enhance compliance with statutory obligations. However, this adjustment will not impact existing Council policies.

 

Financial Implications

It is expected that the consultation and review informing this Feasibility Study will lead to a reduction in costs associated with traffic control, whether through the formation of a new business unit or the integration of traffic management skills into existing job roles.

This anticipated cost reduction stems from an improved understanding of risk management, informed by observations from Wollongong and Shellharbour City Councils, which is expected to streamline and simplify current traffic management practices.

Further financial implications, which will form the foundation of the final Feasibility Study, will be outlined in the final report.

 

Risk Implications

The consultation and review informing this Feasibility Study is expected to lead to a reduction in safety risk associated with Council’s activities requiring traffic control.

This expectation is based on observations from Wollongong and Shellharbour City Councils, both of which have enhanced their traffic management practices to address safety concerns following serious incidents in this area.

Risk reduction is anticipated through a combination of improved understanding of associated risks, enhanced processes to mitigate them, and proactive onsite training. This training will ensure relevant staff have the necessary competencies to implement revised procedures, ultimately leading to improved safety outcomes in the field.

 


 

 Ordinary Meeting – Tuesday 27 May 2025

Page 1

 

 

CL25.172   Deed of Mutual Termination - BLERF - 0111 Improve resilience of four showgrounds in Shoalhaven

 

HPERM Ref:       D25/198373

 

Department:       Technical Services

Approver:           Kevin Norwood, Acting Director - City Services 

Attachments:     1.  Deed of Mutual Termination - BLERF-0111 Improve resilience of four showgrounds in Shoalhaven   

Purpose

This report seeks Council’s endorsement to execute a Deed of Mutual Termination of the Bushfire Local Economic Recovery Fund grant, BLERF - 0111 Improve resilience of four showgrounds in Shoalhaven.

 

Summary and Key Points for Consideration

·    At Council’s Ordinary Meeting of 6 May 2024, Council resolved to endorse placing construction of the Bushfire Local Economic Recovery Fund (BLERF) showground upgrades projects (Kangaroo Valley, Milton, Berry and Nowra) on pause until Council’s financial position improves (unfunded $7.6 million) (MIN24.243).

·    Council received notification from the Grant Management Office in October 2024 advising that a variation request to de-scope the project had not been approved and invited Council to consider a mutual termination of the Funding Deed.

·    Execution of the Deed of Mutual Termination would require Council to return $579,456.39 (ex GST) in unspent funding.

 

Recommendation

That Council

1.    Endorse the execution of the Deed of Mutual Termination of the Bushfire Local Economic Recovery Fund grant, BLERF - 0111 Improve resilience of four showgrounds in Shoalhaven.

2.    Provide a repayment of $579,456.39 to the New South Wales Government, Department of Primary Industries and Regional Development.

3.    Delegate authority to the Chief Executive Officer (Director of City Services) to sign any documentation necessary to give effect to this resolution.

 

 

Options

1.    That Council executes the Deed of Mutual Termination for the BLERF - 0111 Improve resilience of four showgrounds in Shoalhaven.

Implications: Council will be bound by the terms and conditions of the Deed of Mutual Termination including the repayment of $579,456.39 to the Department of Primary Industries and Regional Development. It will also allow the projects to be re-planned in-line with strategic objectives for these sites instead of the current scope which sought to meet the eligibility requirements of the grant.

 

2.    Council resolves not to sign the Deed of Mutual Termination for the BLERF - 0111 Improve resilience of four showgrounds in Shoalhaven.

Implications: This is not recommended as the Grant Management Office has reviewed the project and have not approved further variation requests.

 

Background and Supplementary information

In December 2021 Council was successful in obtaining funding of $3,835,367.00 from the BLERF.

The Bushfire Local Economic Recovery (BLER) package was part of the $4.5 billion bushfire support program co-funded by the Australian and NSW governments for bushfire recovery, response and preparedness in NSW. The program objective of the BLER funding is supporting job retention and creation in bushfire impacted regions, strengthening community resilience and reducing the impact of future natural disasters.

The project is identified as, BLERF - 0111 Improve resilience of four showgrounds in Shoalhaven. On execution of the funding deed Council received payment instalment one of $958,841.75.

Deliverables

The deliverables of this funding provided for upgrades and replacement of facilities at each of the four showgrounds at Kangaroo Valley, Berry, Nowra and Milton. These upgrades included;

·    New amenities blocks at the four locations

·    Stock yard upgrades at three of the locations 

·    LED lighting installations with charging stations

·    Solar system installations

·    Installation of keyless access to facilities

Council progressed the project with the procurement and appointment of an external consultant providing project management services. This was followed by the engagement of a lead design consultant to coordinate design development and lodgement of development applications.

Construction on Pause

At Council’s Ordinary Meeting of the 6 May 2024 the Financial Sustainability Monthly Report CL24.117 identified that concept designs had been developed with schematic costs estimates of $11.5 Million. The funding sources were identified as per table 1 below.

Table 1. Funding Sources

Funding Source

$3,835,367 BLERF Grant​

$3,700,000 Loan 23/24 – loan to be drawn down prior to 30 June 2024.

$4,000,000 unfunded

 

 

 

 

Council resolved MIN24.243.

That Council:

1.         Endorse placing the BLERF showground upgrades projects (Kangaroo Valley, Milton, Berry and Nowra) construction on pause until Council’s financial position improves (unfunded $7.6 million)

Deed of Mutual Termination

Council staff actioned resolution point 1 of MIN24.243 by requesting a variation to de-scope the BLER funded showground projects to DA approval only. After an extensive negotiation and clarification process the Grant Management Office (GMO) informed Council on 17 October 2024 that the variation was not approved and recommended Council consider termination of the funding deed. Council staff responded to this correspondence on the 31 October 2025 requesting that the GMO prepare a Deed of Mutual Termination.

Project Expenditure

Table 2 below identifies the budget position of the grant. The draft Deed of Mutual Termination received from the GMO on 27 March 2025 identifies a repayment amount equal to the unspent grant amount of $579,456.39.

Table 2. Project budget

Total BLERF Grant Funding

$3,835,367.00

Income received

(Instalment 1)

$958,841.75

Grant Expenditure

(As at date of termination request)

$379,385.36

Unspent Grant

$579,456.39

 

Internal Consultations

Consultations have occurred within the established Project Control Group with members consisting of Council sections - Swim Sport Fitness, Technical Services - Project Delivery and Open Spaces and Recreation Planning. Further consultations have occurred with Shoalhaven Water and Council’s arboriculture team. With the exception of the amenities at Kangaroo Valley, the projects proposed through the grant are not considered to be high priorities operationally and were scoped to maximise the chances of meeting the requirements of the available grant. Subsequently, it is the recommendation of staff that these projects be abandoned in their current form and re-planned in-line with strategic objectives for these sites, to be set through the comprehensive review of community infrastructure currently underway (ref. Community Infrastructure Strategic Plan) and future master planning.

 

External Consultations

External consultants have been engaged throughout design investigations and development. Sub-consultants have provided advice on heritage values, building condition assessments, survey, arboriculture assessments, and bushfire classification.

 

Community Consultations

During the scoping phase of the project consultations were undertaken with the management committees and/or show societies at all four locations. The public was further informed through the public exhibition of the Delivery Program - Operational Plan and Budget 2022/23.

The community has been further informed via publication of MIN24.243 of Council’s resolution to place the project construction on pause until Council’s financial position improves.

 

Policy and Statutory Implications

There are no policy or statutory implications associated with the recommendations of this report.

 

Financial Implications

Execution of the Deed of Mutual Termination will require Council to repay $579,456.39 (ex GST) to the New South Wales Government, Department of Primary Industries and Regional Development. The grant funds to be repaid have been quarantined since the project was placed on pause and not expended. The repayment of those funds does not impact upon funding for any other Council projects and does not materially impact Council’s financial position.

The funding deed terminates on the date on which the department receives the repayment amount.

 

Risk Implications

Not accepting the recommendation of the report to execute a Deed of Mutual Termination and repaying unspent funds will leave Council in breach of the existing funding deed and may compromise Council’s ability to attract future grant funding.

 


 

 Ordinary Meeting – Tuesday 27 May 2025

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 Ordinary Meeting – Tuesday 27 May 2025

Page 1

 

 

CL25.173   Landfill Gas Services Contract Extension

 

HPERM Ref:       D25/215554

 

Department:       Waste Services

Approver:           Kevin Norwood, Acting Director - City Services  

Purpose

Seek approval for a variation to the term of the Landfill Gas Services contract.

Seek approval to sell Australian Carbon Credit Units (ACCUs) that Council receives under the Landfill Gas Services contract.

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 has an existing contract for Landfill Gas Services. A Deed of Variation has been requested to extend the term of the agreement.

 

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 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.

 

Background and Supplementary information

The effective management of landfill gas at West Nowra Landfill is essential for compliance with Shoalhaven City Council’s Environmental Protection License for the site. Landfill gas is extracted from the landfill using a network of pipes and vacuum pumps, then burned in a flare.  Flaring the landfill gas converts the methane to carbon dioxide, which has a much lower global warming potential than methane.

 

Internal Consultations

Details relating to the Internal Consultations are contained in the confidential report.

 

External Consultations

Details relating to the External Consultations are contained in the confidential report.

 

Community Consultations

Details relating to the Community Consultations are contained in the confidential report.

 

Policy and Statutory Implications

Effective landfill gas management is required as part of the West Nowra Landfill Environmental Protection License.

 

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 27 May 2025

Page 1

 

 

CL25.174   Tenders - Shoalhaven Material Recovery Facility - Pavements

 

HPERM Ref:       D25/206559

 

Department:       Technical Services

Approver:           Kevin Norwood, Acting Director - City Services   

Purpose

To inform Council of the tender process for Shoalhaven Material Recovery Facility - Pavements.

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

Shoalhaven City Council is seeking to engage a suitably qualified and reputable company to undertake pavements works for the Shoalhaven Material Recovery Facility.

·    Council called tenders for the West Nowra Material Recovery Facility – Pavements on 25 March 2025 which closed on 17 April 2025.

·    In accordance with Section 178 of the Local Government (General) Regulation 2021, Council is required to consider the recommendation of the tender - Shoalhaven Material Recovery Facility - Pavements.

 

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. This procurement provides for the pavements to the facility entry and around the base building.

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. The establishment of this state-of-the-art MRF will offer Council increased adaptability in response to the ever-evolving recyclables industry.

This engineered pavement is required to support the thousands of truck movements generated annually by the operations of the MRF and ensure appropriate durability and dust suppression.

 

Tendering

Council called tenders for Shoalhaven Material Recovery Facility - Pavements on 25 March 2025 which closed at 10:00 am on 17 April 2025. Five tenders were received at the time of closing and are listed in Table 1.

Table 1: Tenders Received

Tenderer

Location

Unicivil (NSW) Pty Ltd

Fairy Meadow, NSW

Pascall Group Pty Ltd

Nowra Hill, NSW

Jirgens Civil Pty Ltd

South Nowra, NSW

JBG Contractors NSW Pty Ltd

Albion Park Rail, NSW

APX Civil Pty Ltd

Yallah, NSW

 

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

 

Internal Consultations

Council receives bi-monthly project updates on the Materials Recovery Facility (MRF) which have included a Councillor tour of the development. Collaboration occurs across Council departments with an established Project Control Group comprising members of the Waste Services, Technical Services, and Finance Teams.

 

External Consultations

Contractors registered with the Tenderlink portal were notified of the tender and were able to access the tender documentation.

 

Community Consultations

Project Updates are provided to the community via the Major projects page on Council’s web page.

 

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 Shoalhaven Material Recovery Facility - Pavements budget for 2024/2025. Funding is available to cover the tender amount including other project costs.

 

Risk Implications

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

 


 

 Ordinary Meeting – Tuesday 27 May 2025

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CL25.175   Tenders - Traffic Control Services Panel

 

HPERM Ref:       D25/207780

 

Department:       Works & Services

Approver:           Kevin Norwood, Acting Director - City Services  

Purpose

To inform Council of the tender process for Traffic Control Services Panel.

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

As a roads authority and a utility owner and operator, Shoalhaven City Council requires consistent utilisation of traffic control services to meet the needs of its everyday operation.

A significant tendering process has been undertaken to establish a new panel contract which requires a Council resolution.

The Shoalhaven region is growing in residential and tourist numbers with the need for traffic control increasing to provide safe worksites and limit impacts on traffic at both the local and state levels.

 

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. In the absence of a panel engaging contractors would require a significant amount of staff time and resources in procuring this service individually.

 

 

 

 

Background and Supplementary information

Project Description

Establish a panel for supply of Traffic Control Services.

Tendering

Council called tenders for Traffic Control Services Panel on 12 December 2024 which closed at 10:00 am on 6 February 2025. 19 tenders were received at the time of closing. Tenders were received from the following:

Tenderer

Location

Allied Integrated Management Group Pty Ltd

55-61 Pine Rd, Yennora, Sydney, NSW 2161

Altus Traffic Pty Ltd

2 Central Boulevard, Port Melbourne, Vic 3207

APX Civil Pty Ltd

15 Indigo Loop, Yallah, NSW 2530

Avada Traffic Pty Ltd

116 Ipswich Rd, Woolloongabba, Brisbane, Qld, 102

Coates Hire Operations Pty Ltd

PO Box 347, Mascot, Sydney 1460

Crown Traffic Pty Ltd

2 Macleay Pl, Albion Park, NSW 2527

D-TAL Consulting Pty Ltd

410/10 Galloway Street, Mascot, Sydney 2020

Evolution Traffic Management Pty Ltd

PO Box 432, Northgate, Qld 4013

Go Traffic Pty Ltd

1/117 Myers Street, Geelong, Vic 3320

Lack Group Traffic Pty Ltd

15 John Duncan Court, Varsity Lake, Gold Coast, Qld 4227

Nowra Traffic 24/7 Pty Ltd

2 Tom Thumb Ave, South Nowra NSW 2541

Roadworx Group Pty Ltd

PO BOX 538 Unanderra, NSW 2536

Site Security & Traffic Control

75 Graham Rd, Narwee, Sydney NSW 2209

Site Specific Traffic Management Planning

92 Macgibbon Pde, Old Erowal Bay, NSW 2540

State Asphalt Services Pty Ltd

PO BOX 156, Hoxton Park, Sydney NSW 2171

Stop Slow Traffic Control (NSW) Pty Ltd

7 Pioneer Dr, Woonona, NSW 2517

TMPACS Pty Ltd

PO BOX 706, Ulladulla, NSW 2539

Wallala Traffic Group Pty Ltd

35 Ellen St, Wollongong, NSW 2500

Workforce Internation Group

601 Botany Road, Rosebery, NSW 2018

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

 

Internal Consultations

Users of the previous panel were consulted during the development of this panel.

 

External Consultations

Respondents and members of the previous panel have been consulted during the tender process.

 

Community Consultations

Nil community consolation due to panel arrangement with Traffic Control suppliers.

 

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 27 May 2025

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CL25.176   Report Back: Impact of Events in Huskisson

 

HPERM Ref:       D25/154148

 

Department:       Cultural & Community Services

Approver:           Lindsay Usher, Acting Director - City Development 

Attachments:     1.  Example of Income to Council from large events in Huskisson

2.  Localis - Shoalhaven Event Impact Report   

Purpose:

The purpose for this report is to address the resolution from the Ordinary Council Meeting on 10 December 2024 (MIN24.659) and provide a comprehensive report back to Council on the impacts of the events in Huskisson.

 

Summary and Key Points for Consideration:

Events play an important role in driving the economy of both Huskisson and the broader Shoalhaven, attracting visitors who boost local businesses, and the creation jobs. Events enhance the town's vibrancy and contribute significantly to growth to the region. This report will focus on:

•       An overview of the current event application process, including relevant legislation.

•       An overview of Council’s current fees and charges for events, providing examples of income to Council.

•       A review of the ‘Cost’ verses ‘Benefit’ of events held in Huskisson.

•       An external report on the economic impact of events in Huskisson.

•       The results from a community consultation survey on the impact of events in Huskisson.

 

Recommendation

That Council:

1.    Receive the report on the Impacts of Events in Huskisson for their information.

2.    Note that this report addresses MIN24.659 from the Ordinary Council Meeting on 10 December 2024.

 

 

Options

1.    That Council adopt the above recommendation.

Implications: Council will receive information on the impact of events in Huskisson and MIN24.659 will be addressed.

 

2.    That Council requests further information or action with respect to the report.

Implications: Additional information will be provided in a subsequent report to the Council. This will result in an extended timeframe in addressing MIN24.659

 

 

 

3.    That Council adopts an alternate resolution.

Implications: Any implications of an alternate resolution would be dependent on the nature of the resolution.

 

Background and Supplementary information

Background

At the Ordinary Council meeting on 10 December 2024, a notice of motion was reported to Council regarding events in the town of Huskisson. As a result, Council resolved the following (MIN24.659):

That Council staff prepare a comprehensive report on the cost benefit analysis to Council and subsequently the people of the Bay and Basin area and Huskisson in particular, of the many well-advertised events that take place at the immensely popular residential, business and tourist precinct of Huskisson. The report would focus on, but not be restricted to the following:

1.    The income derived by Council.

2.    The cost to Council.

3.    The requirement for events participants to submit a financial statement outlining their income and expenditure.

4.    Occupational Health and Safety stipulations especially concerning power and extension leads.

5.    The acceptance and enthusiasm for, or otherwise, by the local community, local businesses, and tourists, for the use of public land and facilities as part of a private event.

6.    A copy of the relevant policy or assessment process be included.

A range of events occur in Huskisson, from small community focussed events to monthly markets and large sporting events. These events occur at private venues such as the Huskisson Hotel, Club Jervis Bay and Husky Sports, as well as on public land. This report focusses on events held on Council owned or managed land that are permitted through Council’s Events Team.

Council’s Events Team does not host or organise events. Council staff permit or licence the use of Council owned or managed land for the use of events, in line with relevant legislation. In the 2023-2024 financial year, the Council Events Team permitted 198 events and markets on Council owned or managed land across the Shoalhaven. The 2024-2025 financial year is on track to increase significantly, with 175 events permitted so far and quarter 4 yet to be counted.

The below is a list of the events (with over 200 attendees) that Council has permitted in Huskisson in 2024:

•       Huskisson Monthly Markets (Huskisson Soccer Fields) – second Sunday of each month

•       Huskisson Joylands Family Carnival (Huskisson Soccer Fields) – Late December to late January annually

•       Marine Rescue Jervis Bay Duck Derby (Moona Moona Creek Reserve) – January

•       Memory Walk & Jog (Voyager Park) – February

•       Big Husky Triathlon Festival (White Sands Park & Surrounds) – February

•       Blak Markets (White Sands Park) – April

•       ANZAC Day March & Service (Voyager Park) – April

•       Huskisson Mothers’ Day Classic (Voyager Park) – May

•       Huskisson Beer & BBQ Festival (White Sands Park) – June

•       Makai Harbour Series (Huskisson Beach Reserve) – June

•       Coastal Forage (started at Moona Moona Creek Reserve) – September

•       Little Husky Triathlon & Running Festival (White Sands Park & Surrounds) – November

•       The Bay Games (White Sands Park) – November

•       Spirit of Jervis Bay (White Sands Park) – November

•       New Years Eve Community Fireworks (Voyager Park & Surrounds) – December

Council’s Events Team work towards the following Actions in the current DPOP in relation to events within the Shoalhaven:

•       3.1.03.02 - Advocate for and support events coming to Shoalhaven in the off-season to increase visitation, provide employment and boost the visitor economy.

•       3.2.03.01 - Facilitate and support the delivery of community and tourism events striving to achieve engaged, activated and liveable communities.

Event Spaces in Huskisson

Community and commercial organisations can book (either online via Bookable or via the Events Team) the following Council owned or managed areas for events in Huskisson:

•       White Sands Park

•       Voyager Park

•       Huskisson Sports Ground

•       Moona Moona Creek Reserve

•       Other general reserves and parks within Huskisson and surrounds

•       Roads and road reserves (via Events Team only)

The above Council owned or managed areas permit events in line with the following current plans of management: POM – Whites Sands Park & Voyager Memorial Park, POM – General Community Use and POM – Generical Community Land – Sports Grounds. It is important to note that Council have substantially progressed the following two draft plans of management, which have previously been placed on public exhibition (recently concluded): DRAFT – Sportsgrounds – Plan of Management – 2025 and DRAFT – Parks – Plan of Management – 2025.

Overview of Current  Event Application Process

Events over 200 attendees on Council owned or managed land are assessed in line with Shoalhaven City Council’s Event Policy and the Shoalhaven Local Environmental Plan 2014 - Schedule 2 Exempt Development, and Temporary events on public land and public roads and associated temporary structures. Generally, such events require Council approval under the Local Government Act 1993. The scope and location of some events may mean they require both an Event Application and a Development Application under the Environmental Planning and Assessment Act 1979 and the Crown Land Managements Act 2016.

Events with under 200 attendees on Council owned or managed land are managed as a Booking via the Council Bookings Team and the online Bookable System.

All event applications (over 200 attendees) are required to be submitted at least three months prior to the event date, with relevant supporting documentation such as an Event Management Plan, Risk Assessment, Site Plan, Police Notice and Community Notification Plan (including examples of notification materials). All event organisers must also provide a certificate of currency for public liability insurance with a minimum of $20 million coverage. Additional supporting documents and approvals that may be required pending the scope of the event include:

·    Traffic Management Plan

·    Transport Management Plan

·    Parking Plan

·    Waste Management Plan

·    Blanket Food Permits

·    Amusement Device Approvals

·    Fireworks Approvals.

The Council Events Team can also provide the event organisers with templates and examples to assist the completion of these documents. External to Council, the event organiser may also be required to obtain the following licences and permits as part of their event:

·    Road Occupancy Licence (ROL)

·    Transport for New South Wales

·    Safework New South Wales

·    Police Approval

·    Liquor Licence

·    Marine Park Permit

·    Aquatic licence

·    National Parks Permit.

Risk Management

Section 6.3 of the Event Policy details the specific risk management requirements for all event organisers operating on Council owned or managed land. It is the responsibility of the event organiser to provide a valid Certificate of Currency for Public Liability Insurance with an approved Australian provider, to a minimum of $20 million. They must also complete a risk assessment, Crowded Spaces Self-Assessment and notify Police of their event. SafeWork NSW inspectors regularly attend large events throughout the Shoalhaven. Issues such as unsafe cables and extension leads causing trip hazards are managed by SafeWork NSW.

Event Funding

The Council Events Team do not provide any funding to events within the Shoalhaven. Previously, the Tourism Event Support Program supported events that would provide visitation and a boost to the economy during the Shoalhaven off-season (May – November). This competitive funding program ceased in early 2024 under Council’s Financial Sustainability Measures.

As part of the funding agreement, event organisers were required to submit a financial statement to Council outlining their income and expenditure. Outside of this agreement, Council has no current method to obtain financial statements from any event holder in the Shoalhaven.

Overview of Councils current fees and charges for events

Event organisers are charged in line with Councils current fees and charges. At a minimum, an event is charged:

•       Event application fee

•       Open spaces / site hire fee

•       A refundable bond to cover the cost of any potential damage to the site.

Pending the scope and size of the event, event organisers may also incur the following Council fees:

•       Pre and post site inspection fee

•       Power consumption (cost recovery basis)

•       Lease of public roads (more than 1km)

•       Multiple site fees if utilising more than one public space or car park

•       Traffic review and permit fees (tiered based on the scale of the traffic impacts)

•       Facilities cleaning fees

•       Section 68 amusements application

•       Section 68 blanket food permit

Event fees are charged under a tiered approach based on the type and size of event. For example, the open spaces fees, are tiered by both the size of event (small, medium, large) and the type of event (Community Casual/Regular, Commercial Casual/Regular and Private/Ticketed/Fully Fenced event). At Council’s most popular “Destination Parks”, an open space fee is charged at a 50% higher rate than other parks and reserves across the Shoalhaven. The higher tiered fee for Destination Parks (such as White Sands and Voyager Park in Huskisson) take into consideration the additional resources and time required to maintain and manage these highly valued parks.

Fees charged are allocated back to the area in which the event has impacted. This income is then reinvested into the area and its ongoing maintenance and budget for that area. For example, fees charged for White Sands Park, Huskisson are routed back to Swim Sport Fitness Central Precinct who maintain this location. The Lease of Public Road fees for road closures around Huskisson are routed back to the Basin District Team who manage and maintain the roads in that area.

The fee structure has been set to ensure Council does not incur additional costs as a direct result from the events in any location. For example, Council staff conduct pre and post site inspections of the parks / reserves when an event is taking place, however a fee is charged to the event organiser to cover staff’s time for this. Should the event cause any damage to a park or reserve, the remediation works are paid for by the event organiser.

The Council Events Team researched other regional Council’s fees and charges for similar style events, including Port Macquarie, Noosa, Eurobodalla, Wollongong, Kiama and Shellharbour. While there were variations to the way fees were charged, Shoalhaven City Council’s fees were generally in line with the majority of Councils that were reviewed.

Income to Council

Events on Council owned or managed land provide an additional revenue stream for Council, and generate a steady stream of income annually. Fees are charged in line with Council’s annual adopted fees and charges as detailed above.

Below is an example of fees levied against different types of larger events held in Huskisson across the late 2024 and early 2025:

•       The Bay Games (November 2024)

–      Total Event Fees: $5,645.10

–      Bond: $2,500.00

•       Spirits of Jervis Bay Festival

–      Total Event Fees: $3,242.00

–      Bond: $2,500.00

•       Huskisson Joylands Family Carnival

–      Total Event Fees: $61,729.60

–      Bond: $15,000.00

•       Big Huskisson Triathlon Festival

–      Total Event Fees: $14,915.34

–      Bond: $5000.00

Refer to Attachment 1 for a detailed breakdown of the above event fees and charges.

Cost vs Benefit to Events in Huskisson

It is important to note that both costs and benefits of public events can often be subjective to the perspective of different key stakeholders. The below summary has been based off research and consultation with a range of stakeholders.

Benefits:

•       Economic boost and impact

–      Increased Tourism: Events attract visitors to the area, which can be particularly valuable in the off-peak seasons. This leads to high spending in local businesses such as accommodation provided, food and beverage outlets and retail shops.

–      Job Creation: Events create temporary jobs and can lead to permanent positions in hospitality, retail, and event management.

–      Local Business Support: Increased foot traffic supports local businesses, helping them thrive and expand. Events generally encourage return visitation with attendees returning to destinations to holiday.

•       Community participation and engagement

–      Cultural Enrichment: Events like the Blak Markets promote cultural awareness and community pride by showcasing local Aboriginal artisans

–      Social Cohesion: Events provide opportunities for residents to connect, fostering a sense of community and belonging

–      Entertainment and Recreation: Events offer entertainment and recreational opportunities for residents, improving their quality of life.

•       Infrastructure development and improvement

–      Improved Facilities: Destinations that host large scale events often lead to improvements in local infrastructure, such as parks, roads, and public amenities.

–      Long Term Investments: Successful events can attract further investments in the area, enhancing the overall quality of life.

Costs:

•       Social challenges

–      Overcrowding: Popular events can lead to overcrowding, affecting the quality of life for residents particularly in smaller towns such as Huskisson.

–      Access Issues: Events can restrict access to certain areas, affecting local businesses and residents.

–      Strain on Services: Increased demand on local services such as healthcare and emergency services.

•       Environmental impacts

–      Traffic Restrictions: Increased traffic can lead to congestion and longer travel times for residents. It can also lead to restricted access to surrounding areas during the event period.

–      Noise Disturbance: Noise pollution from events can disrupt the tranquillity or public areas, therefore impacting the daily lives of local residents.

•       Impact to public amenity

–      Restricted Access: Events can limit access to public spaces for local residents, affecting their ability to use these amenities for daily activities.

–      Infrastructure Wear and Tear: Increased foot traffic and usage during events can lead to wear and tear on public amenities such as parks, playgrounds, and public restrooms.

 

Internal Consultations

The Council Events Team engages and consults with the following internal teams when assessing event applications: Swim Sport & Fitness, Technical Services, Works and Services, Environmental Services, Certification and Compliance.

The Central Leisure Manager who is responsible for White Sands Park, Voyager Park and Huskisson Sports Ground commented:

"Holding events at Destination Parks activates the parks. Activation of these sites is one of the key drivers to determining service levels for the park, which in turn provides the resource allocation for maintenance and presentation of the asset year-round. The Central Precinct team utilise the additional income generated from events to improve and upgrade the facilities across Huskisson, such as new benches, irrigation systems or aeration of grounds”.

The Manager - Open Space & Recreation Planning commented:

“That Council has commenced a comprehensive review of community infrastructure, including destination parks and sports grounds that host events, and the scope of that review is Municipality wide. The review will deliver a revised Community Infrastructure Strategic Plan (CISP), and will make recommendations for the Council's consideration. The revised CISP will provide an embellishment matrix for those facilities that considers their suitability to host events. A significant component of the CISP process is based on data captured by undertaking various community consultation activities, including a comprehensive community engagement process that commenced on 12 May and that will run through until the end of June 2025. The community will have opportunities to provide feedback through various channels during this period. It is expected that community feedback will relate to the impact of events in various open spaces and sports grounds throughout the Shoalhaven. This feedback can be considered as additional data to that presented in this report. The outcome of this engagement activity will be reported to Council in late 2025, with further community engagement activities to be undertaken in early 2026. More information about the CISP review can be found on Council’s Get Involved webpage”. 

 

 

 

 

 

External Consultations

Localis Economic Impact Analysis

Localis were consulted to provide additional data and insight into the economic impact of events in Huskisson. Localis data pulls from VISA spend, mobility data and accommodation occupancy rates. On this occasion, Localis analysed the economic impact of three events that took place in the Huskisson area in 2024. The analysis is based on daily estimated visitor spend data across different merchant locations in 2024. The findings indicate that:

•       Huskisson Beer & BBQ Festival (June 22, 2024): Had a substantial positive impact with a 108.25% increase in overall visitor spending during the event compared to similar non-event periods.

•       Little Husky Triathlon & Running Festival (November 2-3, 2024): Generated a significant 40.89% increase in overall visitor spending compared to similar non-event periods.

•       The Bay Games (November 8-10, 2024): Showed a 29.05% decrease in overall visitor spending compared to similar non-event periods. This may be attributed to seasonal factors or other economic conditions.

Refer to Attachment 2 to view the full Localis report, including detailed findings on each of the three events analysed. Based on the analysis, Localis conclude that:

1.     Events in the Huskisson area generally have a positive economic impact on the region, with visitor spend increases during event periods.

2.     The Huskisson Beer & BBQ Festival appears to be particularly effective at driving economic activity, with visitor spend more than doubling during the event.

3.     The impact of events extends beyond the immediate Huskisson area to surrounding regions, particularly Nowra and Ulladulla.

4.     The timing of events may influence their economic impact, with some seasonal variations apparent in the visitor spending data.

5.     Different event types impact different merchant categories, with hospitality sectors (bars, restaurants, hotels) consistently showing the strongest positive impacts from visitor spend.

6.     Retail stores benefit from visitor spending during all types of events, suggesting shopping is a common complementary activity for event attendees.

 

Community Consultations

A survey was conducted of local Shoalhaven residents, Huskisson and Woollamia businesses and Shoalhaven LGA visitors to gauge community sentiment, acceptance of and feedback on the impacts of events in Huskisson. The survey was promoted via a broad range of channels such as: Council’s Get Involved Page and social media platforms, local CCB’s, local business chambers, in person via flyer handouts, Investshoalhaven.com, local radio, local newspapers and Visit Shoalhaven emails, as well as direct emails with key stakeholders such as event organisers and users of the local parks and open spaces. 

The survey received over 4000 views and over 2800 people completed the survey. Of the respondents 827 were local residents, 1944 were visitors and 55 were local Huskisson / Woollamia business owners.

The 94% of total respondents believed that events contributed positively to the Huskisson economy. Out of the three groups, this included:

•       80% of business owners in Huskisson and Woollamia who responded felt events contributed positively to the Huskisson economy.

•       83% of local Shoalhaven residents who responded felt events contributed positively to the Huskisson economy.

•       98% of visitors who responded felt events contributed positively to the Huskisson economy.

The survey also found that, of those who responded to the survey:

•       80% of respondents had attended an event in Huskisson in the past 12 months

•       Out of the respondents who had attended an event in the past 12 months, the most popular events attended were Sporting Events, markets and Food and Drinks events.

•       The majority felt Spring was the preferred time of year to hold events in Huskisson.

The positive impact of events in Huskisson is highlighted Figure 1 below. Further comments within the survey also highlighted the positive social and health benefits for those who attend events.

Figure 1

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The negative impact of events in Huskisson is highlighted in Figure 2 below. The majority of respondents indicated that increased traffic and parking congestion, followed by disruption for daily life of local residents are the greatest negative impacts from events in Huskisson. The additional comments throughout the survey further detail the issues surrounding traffic and parking, emphasising the need for more work to be done in this space for larger events in Huskisson.

 

Figure 2

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Councillors can view the survey responses from the community consultation via the Councillor portal. If the community wish to access the survey results, they can request a copy from the Council Events Team.

 

Policy and Statutory Implications

The event application process is governed by Shoalhaven City Councils Event Policy. The Policy is planned to be reviewed and updated in the second half of 2025, where the Policy will be placed on public exhibition to allow the community to comment. The events are permitted in line with Local Government Act 1993, Crown Land Management Act 2016, Roads Act 1993 and the Shoalhaven Local Environmental Plan 2014 - Schedule 2 Exempt Development, and Temporary events on public land and public roads and associated temporary structures. The Council Events Team also consider the following Council documents when permitting events in Huskisson: Terms & Conditions of Hire/Use, POM – Whites Sands Park & Voyager Memorial Park, POM – General Community Use and POM – Generical Community Land – Sports Grounds.

If Council receive the report for information only, there will be no policy or statutory implications.

 

Financial Implications

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

 

Risk Implications

There are currently no risk implications in relation to this report.

 

 


 

 Ordinary Meeting – Tuesday 27 May 2025

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 Ordinary Meeting – Tuesday 27 May 2025

Page 1

 


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 Ordinary Meeting – Tuesday 27 May 2025

Page 1

 

 

CL25.177   Proposed Exhibition - Shoalhaven Water Development Servicing Plan

 

HPERM Ref:       D25/168969

 

Department:       Water Asset Planning & Development

Approver:           Matthew Kidd, Acting Director - Shoalhaven Water 

Attachments:     1.  Development Servicing Plan 2024 - Shoalhaven Water (under separate cover)

2.  Development Servicing Plan Audit Report 2025 Shoalhaven Water (under separate cover)   

Purpose:

To present a draft Development Servicing Plan (DSP) for Shoalhaven City Council’s (Council) endorsement to enable it to be publicly exhibited for community and stakeholder feedback.

 

Summary and Key Points for Consideration:

The draft DSPs cover water supply and sewerage treatment developer charges for the areas serviced by Council.

The DSPs have been prepared in accordance with the 2016 Developer Charges Guidelines for Water Supply, Sewerage and Stormwater (Guidelines) as issued by the Minister for Water, Housing, Homelessness, Mental Health and Youth (Minister), pursuant to section 306 (3) of the Water Management Act 2000.

Shoalhaven Water requires a DSP under the Department of Climate Change, Energy, the Environment and Water (DCCEEW) Regulatory and Assurance Framework (RAF) for several reasons:

1.   Infrastructure Planning: DSPs help in planning and managing the infrastructure required to support current and future development for water supply and sewerage services.

2.   Financial Management: DSPs ensure that the costs associated with new developments are fairly distributed. By outlining developer contributions, they help maintain the financial sustainability of water and sewerage services.

3.   Regulatory Compliance: The DSP aligns with requirements of the RAF and Guidelines set by the State and Federal Governments as part of the National Water Initiative.

4.   Dividend Payment: In order to pay a dividend to Council’s General Fund, Shoalhaven Water must demonstrate effective strategic planning including implementation of sound pricing and prudent financial management.

5.   Growth and Demand Management: DSPs provide a framework for managing growth and demand. They include predictions for development and population growth, ensuring that infrastructure can meet future needs.

6.   Environmental Protection: By planning and managing water and sewerage services effectively, DSPs help protect the environment from the impacts of urban development.

Overall, DSPs are crucial for ensuring that Shoalhaven Water can provide reliable, sustainable, and compliant water and sewerage services to the community.

 

Recommendation

That Council:

1.    Exhibit the draft Development Servicing Plan and Audit Report for a minimum of 30 working days with a 10-day notice period in accordance with the 2016 Developer Charges Guidelines for Water Supply, Sewerage and Stormwater.

2.    Accept the Development Servicing Plan charges as proposed, including capping of the Kangaroo Valley Sewer charge to the next highest sewer DSP charge.

3.    Receive a further report providing the outcomes of the public exhibition and community and interest group feedback.

 

 

Options

1.    As recommended.

Implications: The full cost of infrastructure delivery under the DSP’s will be worn by the developers. The exhibition of the draft DSP is in accordance with the Guidelines and is consistent with requirements under the RAF set by DCCEEW. Publication of a new DSP confirming opportunities for the community to participate in Council’s planning and development decisions.

 

2.    Council could adopt an alternative DSP including a cross subsidy to the DSP charge. The DSP guidelines allow for a cross subsidy from the typical residential bill that would offset the full developer charge. Council could apply a 2% cross subsidy that would reduce the cost to the developer.

Implications: A cross-subsidy is not recommended for the water DSP charge as the chargers are significantly reduced from the previous rate. A cross-subsidy on the sewer DSP charge would reduce the overall cost to the developers and be subsidised by the community in their typical residential sewer bill.

 

3.    Make an alternative decision, including not to exhibit the draft DSP.

Implications: Subject to the nature of the decision, the finalisation of the new DSP may be delayed or not proceed. The 2005 DSP and associated policies will remain in place. Retention of the 2005 DSP could impact Shoalhaven Water’s ability to pay a dividend as the charges do not reflect an up to date DSP charge.

 

Background and Supplementary information

Section 64 of the Local Government Act (1993) enables a local government council by way of a cross reference to the Water Management Act (2000) to levy developer charges for water supply, sewerage and stormwater. This derives from a cross reference in that Act to Section 306 (3) of the Water Management Act, 2000.

A DSP details the water supply and sewerage developer charges to be levied on development areas utilising a water utility's water supply and sewerage infrastructure.

The DSP covers water supply and sewerage developer charges. There are two water supply development areas and thirteen sewerage development areas served by Council.

The DSP has been prepared in accordance with the Guidelines issued by the Minister, pursuant to section 306 (3) of the Water Management Act, 2000.

Council adopted the current DSP in November 2005 (MIN05.1513). The Guidelines require the periodic review and update of these plans to ensure they remain contemporary. Under the RAF managed by the DCCEEW, a water utility needs to understand revenue sources, and a local water utility's water and sewerage prices and developer charges should be its primary funding source to recover the costs of providing water and sewerage services. For Shoalhaven Water to pay a dividend to Council, we must demonstrate to the DCCEEW that we have current and contemporary DSPs, and that Water and Sewer services are funded with appropriate DSP charges.

The update of the DSP ensures it remains consistent with these requirements and meets the community’s expectations for Shoalhaven Water to remain financially sustainable whilst still funding growth and demand projects now and into the future. The draft DSP will also simplify Council’s related policy framework by rescinding policy POL24/65: Water and Sewer Headworks Charges (Section 64 Contributions) Assistance for Developments Policy.

Following exhibition, of the Draft DSP responses will be reported to Council for along with the DSP for finalisation and adoption. The final resolved document will then be registered with the DCCEEW. It is expected the finalisation report will be reported to Council in August or September of this year.

The current proposed charges are listed in Table 1 below. Table 2 represents the new charges as individual and combined charges and provide a comparison to the current DSP charges in the last row.

Table 1

Current DSP

Water

$7,071.35

Sewer

$8,964.40

TOTAL

$16,035.75

Table 2

Area

New DSP Sewer

New DSP Water

Combined cost

Difference current vs new

A

$ 43,626*

$437

$44,063

$28,027

B

$18,282

$3,219

$21,501

$5,465

C

$12,888

$3,219

$16,107

-$71

D

$5,706

$3,219

$8,925

-$7,111

E

$597

$3,219

$3,816

-$12,220

*     Area A sewer proposed to be capped.

The calculated developer charges are the maximum value that may be levied. In adopting, the DSP Council may elect to levy less than the calculated amounts. If Council elects to levy less than the calculated developer charges, then the resulting cross-subsidy from the existing customer's typical residential bill, must be calculated and disclosed in the DSP, in the Annual Report, and in Council’s annual Operational Plan.

The impact of the cross-subsidies on the typical residential bill must also be prominently disclosed and explained on the utility’s website and reported to DCCEEW. 

The DSP guidelines also allow for the capping of developer charges for small villages such as Kangaroo Valley. This capping helps maintain affordability and can be considered by Council following the exhibition period.

The guidelines also permit phasing in the charges over three years; however, this is not recommended.

Table 3 below compares the developer charges with those of other Local Water Utilities (LWUs).

Table 3

Region

Water $/ET

Sewer DSP B

Sewer DSP C

Sewer DSP D

Sewer DSP E

Eurobadalla

$7,845

$12,975

$9,905

$5,020

 

Bega

$10,981

$15,371

 

Sydney Water

$ -

$13,433

$22,166

$40,728

 

Goulburn Mulwaree

$6,640

$12,010

$12,010

$12,010

 

Wingecarribee

$13,371

$12,963

 

Mid Coast

$7,326

$10,111

$3,672

 

 

Shoalhaven

$3,219

$18,282

$12,888

$5,706

$597

Kangaroo Valley A

$437

$43,626

($18,282*)

 

 

 

** Capped charge

 

Internal Consultations

The draft DSP has been presented to senior leadership, Council’s Strategic Planning and Finance teams.

 

External Consultations

The draft DSP will be exhibited for a minimum of 30 working days in accordance with the 2016 DSP Guidelines following 10 notice period.

After the exhibition period, the draft DSP and associated responses will be reported back to Council for finalisation. Once resolved by Council, the final document will then be registered with the DCCEEW.

 

Community Consultations

The draft DSP will be exhibited for a minimum of 30 working days in accordance with the 2016 DSP Guidelines.

 

Policy and Statutory Implications

The adoption of an updated DSP will rescind and replace the 2005 DSP and Policy POL24/65: Water and Sewerage Headworks Charges (Section 64 Contributions) – Assistance for Developments.

 

Financial Implications

Endorsement of the DSP will provide Shoalhaven Water with the funds to support growth and demand in the Shoalhaven Region and will provide a sustainable funding source throughout the DSP, which will be factored into the long-term financial plans.

If Council elects to levy less than the calculated developer charges, then the resulting cross-subsidy from the existing customers, typical residential bill, must be calculated and disclosed in the DSP, in the Annual Report and in Council’s annual Operational Plan.

 

Risk Implications

If the DSP is not updated, the 2005 DSP will remain in place and create risks associated with the provision of inaccurate information, underfunded infrastructure, and not meeting the RAF, which may impact Shoalhaven Water’s ability to pay a dividend to Council.

 

 


 

 Ordinary Meeting – Tuesday 27 May 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.