Ordinary Meeting

 

 

Meeting Date:     Tuesday, 22 July, 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 - 17 June 2025

·      Extra Ordinary Meeting - 19 June 2025

6.    Declaration of Interests

7.    Presentation of Petitions

8.    Mayoral Minute

Mayoral Minute

MM25.14..... Mayoral Minute - 2025 Kings Birthday Honours............................................ 1

MM25.15..... Mayoral Minute - 2025 Viking Festival........................................................... 2

MM25.16..... Mayoral Minute - Pensioner Rebates - Response from Minister for Local Government........................................................................................................................ 3

9.    Deputations and Presentations

10.  Notices of Motion / Questions on Notice

Notices of Motion / Questions on Notice

CL25.210..... Rescission Motion - CL25.204 - Proposed Road Closure - Depot Beach Road, Depot Beach.............................................................................................................. 6

CL25.211..... Notice of Motion - CL25.204 - Proposed Road Closure - Depot Beach Road, Depot Beach.............................................................................................................. 7

CL25.212..... Notice of Motion - Stand-alone Shoalhaven Style Guide.............................. 8

CL25.213..... Notice of Motion - Call in - DA25/1347 26 Douglas Street Nowra - Childcare Centre........................................................................................................................ 9

CL25.214..... Notice of Motion - Weatherproof Seating Area - Clifton Street Park, Sanctuary Point...................................................................................................................... 10

CL25.215..... Notice of Motion - Kerb and Guttering Request........................................... 12

CL25.216..... Notice of Motion - Narrawallee Beach Off Leash Area................................ 14

CL25.217..... Notice of Motion - Woollamia Boat ramp precinct........................................ 16

CL25.218..... Notice of Motion - Cambewarra / Berry Mountain - Safety Concerns - Trees 20

11.  Call Over of the Business Paper

12.  A Committee of the Whole (if necessary)

13.  Committee Reports

Nil

 

 

14.  Reports

City Performance

CL25.219..... Policy - Property Addressing & Road & Place Naming............................... 21

CL25.220..... LGNSW Annual Conference - 23-25 November 2025 - Motions Briefing... 23

City Development

CL25.221..... Temporarily Extension of Memberships - Northern and Central Floodplain Risk Management Committees............................................................................ 26

CL25.222..... Consideration - Proposed Amendment to Shoalhaven Development Control Plan 2014  - 48 to 54 Paradise Beach Road, Sanctuary Point............................ 31

Shoalhaven Water

CL25.223..... Policy Review - Provision of Water and Sewerage Infrastructure - Developments not included in Development Servicing Plans.................................................... 36

CL25.224..... Connection to Future Town Sewerage System - 349 Worrigee Road Worrigee - Shoalhaven Memorial Gardens and Lawn Cemetery.................................. 44

15.  Confidential Reports

Reports

CCL25.20.... Finalisation Update - 70 Hillcrest Avenue, South Nowra Agreement

Local Government Act - Section 10A(2)(g) - Advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to prejudice any court proceedings by revealing matter prepared for the purposes of or in relation to current or future proceedings or prejudice the fair trial of any person, the impartial adjudication of any case or a person’s right to procedural fairness.

 

 

 

 

 

 


 

 Ordinary Meeting – Tuesday 22 July 2025

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MM25.14    Mayoral Minute - 2025 Kings Birthday Honours

 

HPERM Ref:       D25/253336

 

Recommendation

That Council acknowledge and congratulate the following Shoalhaven recipients of the 2025 King’s Birthday Honours:

·     Mr Geoffrey Stapleton AO

·     Mr Raymond Strong OAM

·     Mrs Dorothy Crabb OAM

·     Mr Colin Steven Greef OAM

·     Mr Gerald McCarthy OAM

·     Chief Petty Officer Steven Atkins OAM

·     Commander Christopher Smith CSC

 

 

Details

This year the Shoalhaven had 7 residents recognised in the 2025 Kings Birthday Honours list:

Officer of the Order of Australia (AO) in the General Division

·    Mr Geoffrey Stapleton AO, of Lake Tabourie for distinguished service to engineering in the renewable and sustainable energy sector, and to training and development.

Medal of the Order of Australia (OAM) in the General Division

·    Mr Raymond Strong OAM of Berry was awarded the Order of Australia Medal for service to the community of Berry.

·    Mrs Dorothy Joan Crabb OAM of North Nowra, was awarded the Order of Australia Medal for service to speleology and to the community.

·    Mr Colin Steven Greef OAM of Nowra, was awarded the Order of Australia Medal for service to veterans and to the community.

·    Mr Gerald McCarthy OAM of Narrawallee, was awarded the Order of Australia Medal for service to the Legislative Assembly of the Northern Territory.

Medal of the Order of Australia (OAM) in the Military Division

·    Chief Petty Officer Steven Atkins OAM of the Royal Australian Navy, HMAS Albatross was awarded the Order of Australia Medal for meritorious performance of duty as a Royal Australian Navy Fleet Air Arm Flight Senior Maintenance Sailor.

Conspicuous Service Cross (CSC)

·    Commander Christopher Smith CSC of the Royal Australian Navy, HMAS Albatross was awarded the Conspicuous Service Cross for outstanding achievement as Commanding Officer of the 808 Squadron and for the structural optimization of the Fleet Air Arm.

 


 

 Ordinary Meeting – Tuesday 22 July 2025

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MM25.15    Mayoral Minute - 2025 Viking Festival

 

HPERM Ref:       D25/310937 

 

Recommendation

That Council notes the success of the 2025 Viking Festival hosted by the Sussex Inlet Business Chamber on Saturday 7 June 2025.

 

 

Details

The Sussex Inlet Viking Festival is a wonderful community event held annually on the June long weekend and is a celebration of both First Nations Culture, Scandinavian heritage and the settlement of the famous Ellmoos family in the Sussex Inlet village.

Steeped in tradition and cultural heritage, the Viking Festival hosts vibrant re-enactments of Viking battles and games, recreation of Viking life with a Viking village and camp, music, songs and costumes.

The festival, organised by the Sussex Inlet Business Chamber also showcases many local and small businesses through market stalls, street food vendors, live music and free children’s entertainment and has become a notable tourist attraction for families travelling to the Shoalhaven on the June long weekend.

This year marked a significant milestone with the Sussex Inlet Business Chamber formally leasing the church and renovating and renaming the hall the Ellmoos Centre in recognition of the Ellmoos family’s significant contribution to the Sussex Inlet community.

On behalf of Shoalhaven City Council, I congratulate the Sussex Business Chamber on hosting such a fantastic community event and shining light on the beautiful town of Sussex Inlet.

 


 

 Ordinary Meeting – Tuesday 22 July 2025

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MM25.16    Mayoral Minute - Pensioner Rebates - Response from Minister for Local Government

 

HPERM Ref:       D25/311047

Attachments:     1.  Response - Minister Ron Hoenig -  Local Government - Pensioner Concessions   

 

Recommendation

That Council note the attached correspondence from the Minister for Local Government Mr Ron Hoenig MP in response to Councils representations on Pensioner Rebates as per MIN25.69.

 

 

Details

As per MIN25.69 Council resolved at its Ordinary Meeting on 25 February 2025 to:

1.    Advocate and write to the NSW premier and state government for an increase in pensioner rebates (funded by the NSW Government) for council rates, water and sewerage.

2.    Endorse a petition (intended to be lodged to the NSW government) on increase Pensioner rebates to be placed in Councils Administration Buildings, Gallery and Libraries to collect signatures for support.

3.    Write to the local state members Liza Butler MP, Gareth Ward MP, and related ministers providing a copy of this recommendation and seeking their support.

Councils’ representations to the Hon Jodie Harrison MP, Minister for Seniors was referred to the Minister for Local Government as the matters raised in relation to Pensioner Rebates were the responsibility for the Minister for Local Government.

On 24 June 2025 Council received the attached correspondence back from the Minister for Local Government addressing the concerns raised.

 


 

 Ordinary Meeting – Tuesday 22 July 2025

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 Ordinary Meeting – Tuesday 22 July 2025

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CL25.210   Rescission Motion - CL25.204 - Proposed Road Closure - Depot Beach Road, Depot Beach

 

HPERM Ref:       D25/270326

 

Submitted by:    Clr Peter Wilkins

Clr Bob Proudfoot

Clr Selena Clancy   

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 CL25.204 - Proposed Road Closure - Depot Beach Road, Depot Beach of the Council Meeting held on Monday 17 June 2025.

 

 

Background

The following resolution was adopted at the Ordinary Meeting held Tuesday 17 June 2025 (MIN25.315).

That

1.    Council does not proceed as per resolution MIN24.179 and retains the land as public road reserve, noting the land will not be sold and will remain in Council ownership, and that Council will not realise the income contribution towards its land sales strategy.

2.    Council’s previous resolution MIN24.179 (Part 6) be rescinded.

 

 


 

 Ordinary Meeting – Tuesday 22 July 2025

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CL25.211   Notice of Motion - CL25.204 - Proposed Road Closure - Depot Beach Road, Depot Beach

 

HPERM Ref:       D25/270360

 

Submitted by:    Clr Peter Wilkins

Clr Bob Proudfoot

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.    Proceed with the resolution of 8 April 2024 (MIN24.179 - Part 6) and close the identified section of Depot Beach Road by notice in the Government Gazette.

2.    Create a right of carriageway, subject to survey and final location, over the closed road for access to the constructed public road system benefitting Lot 7 DP247077, Lot 1 DP246692, and Lot 8 DP247077.

3.    Classifies the closed section of road as Operational land following public notice of the proposed classification under the Local Government Act 1993.

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 (Director City Services) to sign any documentation necessary to give effect to this resolution.

 

Note by the CEO

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

 


 

 Ordinary Meeting – Tuesday 22 July 2025

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CL25.212   Notice of Motion - Stand-alone Shoalhaven Style Guide

 

HPERM Ref:       D25/256293

 

Submitted by:    Clr Luciano Casmiri   

Purpose / Summary

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

 

Recommendation

That Council develop a Stand-alone Shoalhaven Style Guide to work in concert with the DCP.

 

 

Background

•      Recognised the unique environment and built form within the Shoalhaven, and its many towns and villages, as well as the role buildings have on shaping community life, economic activity, and the overall look and feel of the area.

•      Investigate the development of a stand-alone Shoalhaven Style Guide that sets principles for suitable built form, to be used as a guideline in development proposals.

•      That the Acting CEO report back to Council on the following regarding development of a Style Guide:

Options for links to the DCP and ability to influence style outcomes.

A program of community consultation to assist in incorporation of local values and outcomes.

Engagement with the development industry to ensure uptake of style principles.

Costs for the development of the proposed Style Guide (including internal staff costs, consultation/engagement processes and any associated consultant works required).

Any future process for inclusion of the above Style Guide development via budgets, operational plan outcomes and/or through quarterly budget reviews.

The process to follow will includes community consultation and internal resourcing to be allocated to develop a specific guide tailored to the Shoalhaven. In essence, it should guide built form that help to define the look and feel of buildings so that in 10 or 20 years, when people look at pictures of the Shoalhaven they will know where it is and what they are looking at.

Additionally, it should lead both liveable and climate/location specific built form outcomes, particularly in residential developments.

 


 

 Ordinary Meeting – Tuesday 22 July 2025

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CL25.213   Notice of Motion - Call in - DA25/1347 26 Douglas Street Nowra - Childcare Centre

 

HPERM Ref:       D25/299542

 

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 call-in Development Application DA25/1347 for a proposed Childcare Centre, Douglas St, Nowra, due to the public interest.

 

 

Background

There is significant community concern regarding Development Application DA25/1347 for the demolition of an existing dwelling and construction of a two-storey centre-based childcare centre for 100 children at 26 Douglas Street, Nowra, as evidenced by:

·    33 objecting submissions

·    Multiple petitions with approximately 250 signatories

·    Only 4 submissions in support

·    The high level of community response compared to other recent childcare facility DAs (which received between 1-11 submissions)

 

 


 

 Ordinary Meeting – Tuesday 22 July 2025

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CL25.214   Notice of Motion - Weatherproof Seating Area - Clifton Street Park, Sanctuary Point

 

HPERM Ref:       D25/263977

 

Submitted by:    Clr Bob Proudfoot 

Attachments:     1.  Letter from Sanctuary Point Community Pride Inc.   

Purpose / Summary

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

 

Recommendation

That Council give its in principle support for the construction of a weatherproof seating area, by the Sanctuary Point Community Pride organisation, at Clifton Street Park, Sanctuary Point.

 

 

Note by the CEO

Sanctuary Point Community Pride (SPCP) contacted Council in March 2024 regarding a request to install a large shade structure with three picnic tables at Clifton Park, Sanctuary Point. Council Staff responded in May 2024, declining the request (in line with efforts to improve Council’s financial circumstances by avoiding additional operational and/or depreciation costs).

A renewed request was subsequently received from SPCP in April 2025 and is currently under consideration in accordance with the Community-Led Project Policy. Council staff have contacted Sanctuary Point Community Pride, and the organisation is aware that this request is in the process of being considered.

A determination will be made upon receipt of all relevant information, and a suitable pathway identified to enable Council to partner with SPCP during the delivery phase. In-principle support, if approved through this NoM, will be given due consideration as part of the assessment of this application.

 

 

 


 

 Ordinary Meeting – Tuesday 22 July 2025

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 Ordinary Meeting – Tuesday 22 July 2025

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CL25.215   Notice of Motion - Kerb and Guttering Request

 

HPERM Ref:       D25/284719

 

Submitted by:    Clr Bob Proudfoot 

Attachments:     1.  Letter Request - Kerb & Guttering - Mr and Mrs Lazzarini   

Purpose / Summary

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

 

Recommendation

That the kerb and guttering request from Mr and Mrs Lazzarini be given every possible consideration, and most certainly be incorporated into a full review of the previously well-established policy which worked so effectively for several years.

 

 

Note by the CEO

The guttering request submitted by Mr and Mrs Lazzarini falls under Council's Ratepayers Financing Policy – Kerb and Gutter Construction (POL22/111).

This policy outlines specific eligibility criteria. The implementation provisions of the policy, stipulate that proposed works must already be included in Council’s normal Capital Works Programme. This intent is also reflected in the policy’s stated purpose:

“The aim of this policy is to give ratepayers and occupiers of urban land within the City the opportunity to advance the construction of kerb and gutter.”

 


 

 Ordinary Meeting – Tuesday 22 July 2025

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 Ordinary Meeting – Tuesday 22 July 2025

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CL25.216   Notice of Motion - Narrawallee Beach Off Leash Area

 

HPERM Ref:       D25/307769

 

Submitted by:    Clr Patricia White

Clr Denise Kemp   

Purpose / Summary

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

 

Recommendation

That Council direct the Acting CEO to:

1.    Undertake further investigation for the acceptance of the off-leash area only to be 24/7 from 1 May to 1 October each year during the winter season including a review of:

a.    the currently adopted REF dated 2 May 2024.

b.    The previously drafted REF dated 28 January 2022 contained in the legal proceedings 21 July 2023.

2.    Provide a report back to Council at the Ordinary Meeting of the 12 August 2025 for the reopening of the Victor Avenue steps as a dog on leash area.

3.    Provide provision in a future long term financial plan for a concrete pathway and lighting from Matron Porter Drive reserve to the beach (current access way).

4.    Issue enforcement penalty notices for persons not following the signage or allowing dogs off leash in incorrect areas. 

 

 

Background

For many years as early as 1979 there have been issues and changes with dogs on Narrawallee Beach both for and against.  In 2015 some 10 years ago trials have been held on the beach (not the inlet) on off leash areas. The trials were positive until a small group of residents undertook court proceedings against Council. The Court judgement outlines in the conclusion the way forward for Council in clause 201.

This recommendation endorses the Court REF completed by Council staff in 2022 and Independent REF but does not endorse the changes made to the independent review by Council. This independent review was similar to the REF provided to the Court by Council staff where the Commissioner stated:

“I am determining whether the REF as prepared is reasonable in its assessment of identified and likely environmental impacts given the nature of the activity being assessed. Any inaccuracy in the REF does not result in a finding of unreasonableness and in any event I do not consider any has been demonstrated by the Applicant. The REF must be viewed as a whole and it is fair to describe it as comprehensive in relation to the impacts identified and considered. Overall, I consider the REF is capable of enabling the Council to take into account all matters affecting or likely to affect the environment such that the Council has the capacity to comply with Pt5.”

 

Previous resolutions of Council include:

RESOLVED (Clr White / Clr Proudfoot) - MIN21.120

That Council:

1.    Support the continuing access to the off-leash area at Narrawallee Beach from Surfers Ave as per the recent trial directions.

2.    Develop appropriate signage directing people the right way to access the off leash area in and around Narrawallee Beach especially at the Surfers Ave end. Clrs Proudfoot and White and available Councillors to assist in the development of the signage with staff.

3.    Leave the access from Surfers Ave in place until consideration of this area in the review of the Access Areas for Dogs policy.

4.    Issue enforcement penalty notices for persons not following the signage or walking with dogs directly across south end Narrawallee Beach between the steps and Victor Ave steps.

5.    Request local residents, Paws4Shoalhaven and Rangers to assist with advising residents and visitors of the strict entry process from Surfers Ave to the off-leash area.

6.    Undertake vegetation maintenance if required on mid beach access points as noted in Staff Signage Report

7.    Contact Holiday Home owners via Rates Notices advising them of the changes and the role they play in sharing the foreshore and informing their tenants of the access arrangements for dogs.

8.    Include on the new signage, information on shore bird habitats which is protected by No Dogs (access) areas.

9.    Include on the signage that to access the beach via the track from Surfers Avenue at the back of the beach, dogs must be on leash.

For:             Clr Wells, Clr Findley, Clr Gash, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against:    Clr Guile

CARRIED

 

 

 


 

 Ordinary Meeting – Tuesday 22 July 2025

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CL25.217   Notice of Motion - Woollamia Boat ramp precinct

 

HPERM Ref:       D25/310909

 

Submitted by:    Clr Peter Wilkins   

Purpose / Summary

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

 

Recommendation

That Council:

1.    Sell the onsite container.

2.    Sell the Roodberg trailer.

3.    Amend Master Plan drawing Revision H by changing the Overflow Hardstand to Multi-Use Hardstand.

4.    Relocate the sliding gates to an alignment 19 metres from the eastern end of the Main Hardstand , retaining access across the multi-use Hardstand.

5.    Allocate an area of the Gravel Hardstand to the Mako Dragon Boat club with access across the Multi-Use Hardstand.

6.    Develop Operating Procedures for the Main Hardstand and the Loading Wharf by consulting with and adopting the recommendations of the regular users including; Jervis Bay Boat storage, Jervis Bay Sailing charters, South Coast Mariculture, Woebegone Freedive, Jervis Bay Catamaran, General Yachts Shipwrights, Huskisson Sailing Charters, Jervis Bay Cruising Yacht Club.

7.    Take no further action to secure a commercial operator for the Hardstand area.

 

 

Background

The Masterplan for Woollamia Boat Ramp Precinct (WBRP), drawing Revision H, was adopted 25 February 2020 and was used for the scope of construction works and further reports regarding operation of the area including CL21.154 in July 2021.

Masterplan drawing H includes an area at the southern end nominated as MINOR BOAT MAINTENANCE FACILITY, with this area comprising two zones, MAIN HARDSTAND and OVERFLOW HARDSTAND.

Further to CL21.154, Item CL22.126 discussed the scenario of engaging an external commercial operator to manage the MINOR BOAT MAINTENANCE FACILITY. The CL22.126 report included the concept of separate areas for Boat trailer (Roodberg), Tow tractor, Storage container, Work area for hull cleaning and a Working area for vessels. The report also states, “To ensure a business success the vessels would be constantly turning over and co-ordination of this needs to be managed by a single operator.”.

The resolutions from CL22.126 have never been enacted as the proposed operator and Council have not been able to reach agreement as envisaged by the report.

During the time Council were attempting to appoint a commercial operator the maintenance facility had been operational since late 2021 with a range of vessels being hauled out and maintained for local boat owners. These vessels have predominantly been cleaned and then maintained in the same location for hull cleaning and then as a work area, not separate areas as envisaged in the report.

Likewise, the vessels have remained on a trailer so separate areas for “Boat trailer and Tow tractor” have not been needed. A hydraulic boat trailer with no drive unit and a storage container were purchased by Council and have not been needed and remain unused.

The CL22.126 report states “To ensure a business success the vessels would be constantly turning over….” yet the area has been predominantly vacant with vessels being maintained at sporadic times. The number of vessels actually hauled out and maintained is between 10 and 15 per year with the predominant number of those having been hauled out by trailer, then cleaned and maintained in the same location, predominantly within the area identified on the Masterplan H as MAIN HARDSTAND.

History has shown that the facility can and does operate well under community management with substantially less of a number of vessels and differing methodologies to those envisaged in previous reports prepared by Council staff.

There are water and electricity outlets at the eastern and southern perimeters of the MINOR BOAT MAINTENANCE FACILITY and the minimal and sporadic use of the area for vessel maintenance has resulted in the zone identified on the Masterplan H as OVERFLOW HARDSTAND being alternatively utilised by the community for a variety of purposes including trailered vessel cleaning and outboard motor flushing, parking and trailer storage.

In accordance with the Grant Agreement requirements Council have installed fencing, a swing gate and sliding gates across the northern face of the OVERFLOW HARDSTAND and MAIN HARDSTAND. These gates have, due to the limited and sporadic nature of vessel maintenance actually being carried out, predominantly remained open.

Recent instances of vessel maintenance have, for safety and security reasons, prompted the closure of the gates however the gates close off the whole of the MINOR BOAT MAINTENNACE FACILITY, not just the MAIN HARDSTAND where vessels are being cleaned and maintained, and this has led to community angst and concern.

There remains a demand for vessel haul out and maintenance at the MAIN HARDSTAND however the use is significantly less than that envisaged by Council staff.

The issues that have come to the fore are:

•        Vessels are predominantly cleaned and maintained in the MAIN HARDSTAND area.

•        The storage container has not been used.

•        The Boat trailer (Roodberg) has not been used.

•        The number of vessels actually hauled out and maintained is well short of the number promoted by Council staff.

•        The sliding gates and fencing are not required for the OVERFLOW HARDSTAND as envisaged.

•        The sporadic nature of vessel maintenance has allowed the OVERFLOW HARDSTAND to be increasingly utilised for other community purposes.

•        The Mako Dragon Boat Club now have three vessels stored adjacent the WBRP.

It is feasible to relocate the swing and sliding gates to a location approximately on the alignment as shown on Masterplan H as the boundary between the MAIN HARDSTAND and the OVERFLOW HARDSTAND. The zone at the northern edge of the OVERFLOW HARDSTAND where it abuts the roadway must remain available to allow vessels manoeuvring across into the MAIN HARDSTAND.

Relocating the gates would allow for only the MAIN HARDSTAND to be closed off during use for vessel maintenance and for the OVERFLOW HARDSTAND to be repurposed as an accessible MULTI USE HARDSTAND.

Mako Dragon Boat Club had expressed an interest in relocating their vessels from the wetland area to the OVERFLOW HARDSTAND to improve environmental outcomes for the wetland area and allow the club to continue its growth in providing for community recreation. Use of what was the OVERFLOW HARDSTAND, now proposed as a MULTI USE HARDSTAND, solely for the Mako Dragon Boat Club is not as favourable as relocating the Mako Dragon Boat Club to the GRAVEL HARDSTAND access with other community users of the MULTI USE HARDSTAND.

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Note by the CEO

Council currently manages 6 maritime commercial sites which provide various levels of service throughout the Shoalhaven.  A Councillor Briefing is scheduled to provide Council with background on the current management and condition of each asset and potential operating models.

On 25 February 2020 a report was presented to Council on the Woollamia Boat Launching Ramp Updated Masterplan (CL20.40). Council resolved MIN20.122  to proceed with the Woollamia updated Masterplan, reference PA1289-CP-1001 Rev H.

An additional progress report was presented to Council on  27 July 2021 (CL21.154). Council resolved MIN21.563 for the maintenance facility to have in place perimeter fencing and storage containers for the storage of tools and equipment for use by a commercial shipwright operator.

The proposed NoM represents a change in scope from the intended use of the maintenance facility as previously resolved by Council. A review of funding applications, master plan and environmental impacts would be required if Council is to consider the proposal for boat maintenance to be conducted on site by community and commercial groups.

Consideration for user groups to deliver projects on land managed by Council should be assessed under adopted Guidelines for Community-Led Projects ( MIN24.695).

 

 


 

 Ordinary Meeting – Tuesday 22 July 2025

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CL25.218   Notice of Motion - Cambewarra / Berry Mountain - Safety Concerns - Trees

 

HPERM Ref:       D25/310967

 

Submitted by:    Clr Peter Wilkins   

Purpose / Summary

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

 

Recommendation

That Council initiate a complete arborist report on Tourist Rd, Cambewarra Lookout Rd, Kangaroo Valley Rd and other tributary roads in the vicinity of Cambewarra and Berry Mountains to ascertain which trees need trimming or removing. Based on recent events, this is an urgent matter.

 

 

Background

This is a safety issue. Residents and visitors have been involved in a dangerous, untidy game of Russian roulette on Cambewarra and Berry mountains where trees and branches have been falling across roads with dangerous and frightening regularity. A combination of wet weather and recent massive winds has unleashed a spate of surrender from trees and branches, and they’ve clattered onto various roads before, during and after the various recent events. It’s reached a critical mass after years of road and road verge neglect. Not that many years ago there used to be twice yearly inspections and clean-ups. Those clean-ups appear to be down to one every two years. Or less. This has created a death-trap for motorists, for both locals and those visiting the area. Kangaroo Valley Rd is a key link to Berry from Kangaroo Valley and environs west. Photos will be presented at the meeting which represent the overhanging branches on Kangaroo Valley Rd and Tourist Rd, which are just a snapshot of the trees which have fallen recently, with thankfully, at this point, no casualties. It’s only a matter of time.

This needs the immediate attention of not only the Council, but also the state government, as some of these hot spots fall within their jurisdiction.

 

 


 

 Ordinary Meeting – Tuesday 22 July 2025

Page 0

 

 

CL25.219   Policy - Property Addressing & Road & Place Naming

 

HPERM Ref:       D25/158832

 

Department:       Information Services

Approver:           Katie Buckman, Director - City Performance 

Attachments:     1.  Draft - Property Addressing Policy (under separate cover)

2.  Draft - Road & Place Naming Policy (under separate cover)   

Purpose:

The Property Addressing & Road & Place Naming Policies are presented for adoption. The Local Government Act 1993 requires Council policies be reviewed within the term of an elected Council.

 

Summary and Key Points for Consideration:

The Property Addressing and Road & Place Naming Policies have been reviewed in line with the updated NSW Addressing and Place Naming Policy and Guidelines.

The NSW Government created these Policies and guidelines to clarify roles and responsibilities related to addressing and place naming as well as to streamline processes and ensure a consistent, quality and service-driven approach across the state, hence Council’s intention to align to these policies.

Administrative changes have been made to both Council policies to reflect updates to the NSW Geographical Names Board (GNB) Policies and manuals. A procedural change is proposed to the Road & Place Naming Policy to invoke consultation on road and place names with affected owners in the event of any objection to proposed names at completion of the exhibition period.

 

Recommendation

That Council reaffirm the following Policies with noted changes:

1.    Property Addressing Policy

2.    Road & Place Naming Policy

 

 

Options

1.    Adopt the recommendation as written.

Implications: The adopted Policies will be updated to include minor amendments which reflect Council’s position and process which is in line with the requirements and guidelines put forward by the NSW Geographical Names Board (GNB).

 

2.    Not adopt the recommendation.

Implications: Council can request further details or make other changes.

 


 

Background and Supplementary information

Property Addressing

Council is the authority on property addressing and under the guidelines of the NSW Address Policy and User Manual expected to pursue conformant numbering and support the practice of standardised addressing. This can be enforced through the provisions of the Local Government Act 1993.

This Policy was initially endorsed by Council in July 2014 and has been successful in defining the guidelines Council uses for property addressing.

The changes to this Policy are being proposed to ensure that all NSW Addressing Policies and Guidelines and links to related documents are current.

Road & Place Naming

Under the Roads Act 1993 the Council of a Local Government area and Traffic for NSW are the road naming authorities. The Geographical Names Board (GNB) must also be notified of any new road names and has authority to assign names to places under the Geographical Names Act 1966.

This Policy was originally endorsed by Council in January 1974 and has been successful in defining the guidelines Council uses for any road naming proposals.

Changes to this Policy are made to ensure that all NSW Addressing Policies and Guidelines and links to related documents were current. A procedural change is proposed to ensure there is adequate input from affected owners in the event of any objection to proposed names at completion of the exhibition period.

 

Internal Consultations

Changes to policies are minor in nature are related to GIS Unit processes and do not require internal consultation.

 

External Consultations

The policies have been written in consultation with the Geographical Names Board (GNB) Policies relating to Addressing and Road and Place Naming and the Australian and New Zealand Addressing Standards.

 

Community Consultations

There is no statutory requirement to publicly exhibit any of the policies contained in this Report.  Council may choose to do so should they consider any changes of significance.

 

Policy and Statutory Implications

All policies included in this Report are proposed for reaffirmation as the nature of the changes are minor and therefore have no implications or deviation from the existing intent of the current approved Policies.

 

Financial Implications

Changes proposed to the Policies will have no financial implications to the current approved budget.

 

Risk Implications

Changes proposed to the Policies will have no financial implications to the current approved budget.


 

 Ordinary Meeting – Tuesday 22 July 2025

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CL25.220   LGNSW Annual Conference - 23-25 November 2025 - Motions Briefing

 

HPERM Ref:       D25/267959

 

Department:       Business Assurance & Risk

Approver:           Katie Buckman, Director - City Performance  

Purpose:

This report is being submitted to the Ordinary Meeting in relation to the 2025 LGNSW Annual Conference to be held at Panthers Penrith and Western Sydney Conference Centre from Sunday 23 to Tuesday 25 November 2025.

 

Summary and Key Points for Consideration:

The LGNSW Annual Conference is the supreme policy-making body of LGNSW and an opportunity for Councillors to come together to share ideas and debate issues that shape the way LGNSW is governed and advocates on behalf of the local government sector.

LGNSW has called for the submission of motions. Councils are encouraged to formulate motions submitted in terms of the current policy statements. Proposed motions should be strategic, affect members state-wide and introduce new or emerging policy issues and actions.

 

Recommendation

That:

1.    Council confirms two of the voting delegates at the 2025 LGNSW Annual Conference to be held from 23 to 25 November 2025 will be the Mayor and the Deputy Mayor.

2.    Council determines the other three (3) Councillors to attend the conference as Council’s voting delegates as follows:

a.   

b.   

c.   

3.    That a Councillor Briefing be held in August 2025 for the Council to formulate motions for submission to the conference.

 

 

Options

1.    As recommended.

Implications: A briefing will be held for Councillors to consider and discuss possible motions for submission for the Conference. Any motions which are proposed will be provided to the Council for endorsement by resolution before submission. Voting delegates will later be confirmed after the election of the new council.

2.    Council may seek to canvas motions from Councillors via a mechanism other than a Councillor Briefing.

Implications:  Options for Motions will be gathered via email or other mechanism and included in a report to the Council for endorsement by resolution before submission. Voting delegates will later be confirmed after the election of the new council.

 

Background and Supplementary information

The 2025 LGNSW Annual Conference is the main policy-making event for the NSW Local Government sector and provides an opportunity to share ideas, seek inspiration, and help determine policy directions for the coming year.

At the Annual Conference, Delegates will vote on motions which LGNSW actions on behalf of the sector as part of its advocacy program. It is a key event for Local Government where Councillors from across the state come together to share ideas and debate issues that shape the way the sector functions and is governed.

For Council to participate fully in the conference, it is recommended the Council register attendees, nominate voting delegates, and submit motions for debate within the timeframes specified in this paper.

Motions

LGNSW has called for the submission of motions. Councils are encouraged to formulate motions submitted in terms of the current policy statements. Proposed motions should be strategic, affect members state-wide and introduce new or emerging policy issues and actions.

Further information on drafting and submitting motions is available via the LGNSW 2025 Annual Conference Motion Submission Guide

Submission of motions opened on 1 July 2025. LGNSW encourages the submission of motion by 30 September 2025. The latest date motions can be submitted for inclusion in the Conference Business Paper is 26 October 2025. All motions must be adopted by Council before submission.

A Councillor Briefing will be held in August to formulate the motions to be submitted by Shoalhaven City Council.

Registration to attend the Conference

The conference program for the three-day Annual Conference from Sunday 23 to Tuesday 25 November 2025 can be found here: https://lgnswconference.org.au/program/

Costs associated with the conference are detailed further in this report under financial implications.

Early bird registration opened 1 July 2025, and the early bird offer ends 30 September 2025. Standard registration opens 1 October 2025 and will close 7 November 2025.

Councils Expenses and Facilities Policy (POL24/4) sets aside $65,000 annually ($5,000 per Councillor) in the Council budget to facilitate Councillor attendance at conferences and seminars.

Voting Delegates

Voting delegates must be registered to attend the Conference and be registered as a voting delegate.

Confirmation has been received from LGNSW that Council will have five (5) voting entitlements at the Conference to vote on motions.

Council is required to advise LGNSW of the names of its nominated voting delegates for the Conference by 7 November 2025.

Voting delegates may not appoint a proxy to attend or vote at formal business sessions on their behalf.

It is proposed that Council will nominate the Mayor and Deputy Mayor plus three (3) Councillors to attend as voting delegates to ensure full representation by the Council

 

Internal Consultations

Internal consultation was not required as part of this report but will occur between staff and Councillors as part of the motions briefing, if the recommendation is adopted.

 

External Consultations

External consultation was not required as part of this report.

 

Community Consultations

Community consultation was not required as part of this report.

 

Policy and Statutory Implications

The LGNSW Annual Conference is an opportunity for Councillors to come together to share ideas and debate issues that shape the way LGNSW is governed and advocates on behalf of the local government sector. Councillors are called upon to submit motions that are strategic, affect members state-wide and introduce new or emerging policy issues and actions. The implications for Council policy and related legislation will depend on the motions submitted and the outcome of the conference.

 

Financial Implications

Councils Expenses and Facilities Policy (POL24/4) sets aside $65,000 annually ($5,000 per Councillor) in the Council budget to facilitate Councillor attendance at conferences and seminars.

The registration costs associated with the conference are detailed below:

Registration type

Opening Date

Price (incl GST)

Member Early Bird registration *

Opens 1 July 2025

$1,250 per person

Member Standard Registration *

Opens 1 October 2025

$1,550 per person

Non-member Standard Registration *

Opens 1 October 2025

$2,500 per person

Conference Dinner Ticket

Not Included in Registration

$245 per person

Cancellation Fee

Within 30 days

$350

 

Council is current a member of LGNSW, and therefore, if Council were to register within the early bird timeframe, this would come to $1,250 per Councillor.

 

Risk Implications

There are no risks foreseen with Councillor attendance at the LGNSW Annual Conference.

 


 

 Ordinary Meeting – Tuesday 22 July 2025

Page 0

 

 

CL25.221   Temporarily Extension of Memberships - Northern and Central Floodplain Risk Management Committees

 

HPERM Ref:       D25/262084

 

Department:       Environmental Services

Approver:           Lindsay Usher, Acting Director - City Development  

Purpose:

To extend the memberships of the Northern and Central Floodplain Risk Management Committees by six months to facilitate the completion of the Lower Shoalhaven River Floodplain Risk Management Study and Plan (FRMS&P), and the St Georges Basin FRMS&P in accordance with grant deed requirements without disruption.

 

Summary and Key Points for Consideration:

The memberships of the Northern and Central Floodplain Risk Management (FRM) Committees expires in September 2025.

Council resolved in the Ordinary Meeting on 26 November 2024 (MIN24.647) that option 1 of combining the Coastal Management Program Advisory Committees and Floodplain Risk Management Committees by geography (northern / central / southern) be adopted and effective as soon as a new Terms of Reference for the combined Committees has been established and adopted by Council.

Council is currently undertaking the Lower Shoalhaven River and the St Georges Basin FRMS&Ps. These investigations are planned for completion in early 2026. To avoid any critical delays in completing these projects in accordance with grant deed requirements, it is recommended that the memberships of the Northern and Central FRM Committees are extended for a period of six months until 31 March 2026. The development of a new Terms of Reference for the combined Committees will occur in parallel to this.

 

Recommendation

That Council extend the memberships of the Northern and Central Floodplain Risk Management Committees for a period of six months until 31 March 2026.

 

 

Options

1.    That Council extend the memberships of the Northern and Central Floodplain Risk Management Committees for a period of six months until 31 March 2026.

Implications: The combination of the Coastal Management Program (CMP) Advisory Committees and FRM Committees by geography (northern / central / southern) will be delayed until March 2026. This will, however, allow for Council to develop a new Terms of Reference (TOR) for Council adoption without disruption to ongoing investigations. In this six-month period there are no planned meetings for the Southern FRMC, or any of CMP Advisory Committees. As such, no coastal or floodplain related work undertaken in these areas will be adversely impacted by the proposed membership extension.

 

2.    That Council do not extend the memberships of the Northern and Central Floodplain Risk Management Committees beyond September 2025.

Implications: If memberships are not extended beyond September 2025 Council will need to create new committees as per Council resolution (MIN24.647) prior to completing the Lower Shoalhaven River and the St Georges Basin FRMS&Ps. This will have significant implications on the delivery of these projects as follows.

·    Due to the administrative time required to establish new committees, this will impact the project delivery, likely pushing the project completion date beyond the grant deed requirements. If Council fails to meet relevant grant milestones, there is no guarantee that grant funding will be provided, and Council may have to fully fund the final milestone of these projects from general funds.

·    Council and the committees have been working on these critically important investigations for a number of years. There has been significant efforts and contributions made by the committee members to see the completion of these projects. Further, these projects are highly complex technical investigation that would be challenging for new committee members to fully appreciate within the short timeframe available prior to project completion. Inducting new committee members prior to completion would likely require significant Council resources, taking resources away from other critical tasks, and further risking delaying the completion of these projects. This may also adversely impact grant deed requirements.

 

Background and Supplementary information

The development of an updated Lower Shoalhaven River FRMS&P and Plan and St Georges Basin FRMS&P has been the highest priority for Council’s Floodplain Management Unit and the Northern and Central FRM Committees for many years. It has been a long journey to reach the point where these projects are today, which is summarised below.

·    Council’s existing Lower Shoalhaven River FRMS&P is from 2011 and based on a flood model from 1990.

·    Similarly, the existing St Georges Basin FRMS&P is from 2013 and based on a flood model from 2001.

·    Council was successful in receiving grant funding from the NSW Floodplain Management Grant program in 2016 to undertake a review of these two FRMS&Ps.

·    Prior to Council procuring consultancy services to deliver these projects, a significant update to the national flood estimation guidelines, the Australian Rainfall and Runoff, was released. This resulted in the need to significantly increase the scope of works for both projects to include the development of a new flood study, and contemporary flood model, for each catchment, using the latest methodology in the national guideline.

·    Council engaged Cardno (now Stantec) in October 2017 and the flood studies were subsequently completed in 2022.

·    Council was successful in receiving new grant funding from the NSW Floodplain Management Grant program in late 2022 to undertake a review of the two FRMS&Ps based on the contemporary flood models completed in 2022. The completion of these projects will see the original 2016 objectives to prepare contemporary floodplain risk management plans for implementation for these high flood risk catchments met.

·    Council engaged Rhelm in early 2024 to complete both projects and are currently working towards delivering final FRMS&Ps for both catchments by the end of this year.

·    Final project completion is planned for in early 2026, in accordance with the grant deed requirements.

·    Prior to both investigations being finalised and the projects completed, Council needs to undertake extensive public exhibition and community consultation activities for the draft FRMS&Ps to seek community feedback on the proposed flood risk mitigation measures. This is planned for October to November 2025.

·    Committee meetings are required to occur in late-September/early-October 2025 to seek endorsement for placing the draft investigations on public exhibition prior to doing so.

·    Once the public exhibition and community consultation period (approximately six weeks) has concluded, Council will finalise the investigations, considering the feedback received during this period.

·    When all reports have been finalised, Council will meet with the Committees again to seek their endorsement for Council adoption of the final FRMS&Ps.

·    To achieve the critical timeline above, it is important that the memberships are extended for a period of six month for the Northern and Central FRM Committees, to avoid any disruptions in delivery.

·    Establishing new committees will take both significant time and resources as the following steps needs to be completed prior to a new committee meeting occurring:

Create a new Terms of Reference (TOR) for the new committees.

Report the TOR to Council for adoption.

Undertake Expression of Interest (EOI) for new memberships.

Confirm membership of the new committees via report to Council.

·    Once new committees have been established, meetings need to be booked in which has an approximately 6 weeks lead time.

·    In addition, Council may be required to organise an induction program for the new committee members to ensure they understand the NSW Government’s coastal and floodplain management frameworks prior to any meetings being organised.

·    If the memberships are not extended, there is significant uncertainty relating to when the Northern and Central Committees can meet next to endorse the Lower Shoalhaven River and St Georges Basin FRMS&Ps for public exhibition and community consultation. This in turn creates significant uncertainty as to when Council can practically complete these projects, and it is not known how this may impact grant deed requirements. It is, however, certain that there will be unnecessary delays in delivery of these projects.

·    There is also a risk that Council do not receive enough EOIs to form committees, further delaying the completion of the Lower Shoalhaven River and St Georges Basin FRMS&Ps.

·    Council considers it to be unreasonable to expect a new committee to make recommendations on a draft and final FRMS&P that they may have had limited to no prior involvement in developing and may therefore not have a comprehensive understanding of preceding discussions, decisions, and recommendations made to end up where we are today.

·    Currently, there are no works underway in the Southern FRM or in any of the CMP Advisory Committee areas requiring meeting to be held in the period up to March 2026. This makes the completion of the Lower Shoalhaven River and St Georges Basin FRMS&Ps a practical point in time to combine the FRM and CMP Advisory Committees by region, in accordance with Council resolution MIN24.647.

·    Council will work to create a new TOR and report this to Council for adoption in parallel with completing the Lower Shoalhaven River and St Georges Basin FRMS&Ps to ensure a smooth transition when implementing Council’s resolution MIN24.647 after March 2026.

 

Internal Consultations

The Floodplain Management Unit and Coastal Management Unit have consulted with the Governance Unit when preparing this report.

 

External Consultations

The NSW Floodplain Management Grant program requires projects to be completed within three years of grant offer, with final acquittal to be completed within two months of project completion date. The grants for the Lower Shoalhaven River and St Georges Basins FRMS&Ps were offered to Council in December 2022. Council is currently on track to complete both projects within the grant deed requirements; however, Council cannot afford any significant delays in the delivery of these projects.

 

Community Consultations

No community consultation has been undertaken as part of preparing this report.

 

Policy and Statutory Implications

Since the release of the Flood Prone Land Package in June 2021 there has been significant changes to flood planning requirements in NSW. The completion of the Lower Shoalhaven River and St Georges Basin FRMS&Ps will provide contemporary and clear guidance, in accordance with current best practice, to the development industry and community in relation to flood risk, how it is planned to be managed, and how new developments in these catchments can comply with the current legislative requirements and relevant guidance.

The final Floodplain Risk Management Plans will include a list of recommended flood risk mitigation measures for Council implementation to appropriately manage flood risk within these areas. Currently, Council is working ad-hoc when assessing new developments, which requires significant resources both from Council and the development industry. Any delays in Council completing these projects will ultimately delay the implementation of recommended flood risk mitigation measures to manage flood risk. Council is primarily responsible to manage flood risk within the Shoalhaven Local Government Area in accordance with the NSW Flood Prone Land Policy.

 

Financial Implications

Both projects are 2/3 funded by the NSW Floodplain Management Grant program, subject to Council meeting grant milestones requirements in accordance with the grant deed. Under this program, Council can only claim grant funding retrospectively once milestones have been met and will have to cover the costs internally until grant funding are received. Should Council fail to meet the requirements of the grant deed, allocated grant funding may be lost, and Council would have to fund any remaining project costs. Council’s 1/3 contribution is funded through general funds. The State Government is currently providing $130,000.00 (excl. GST) towards the Lower Shoalhaven River FRMS&P and $111,153.00 (excl. GST) towards the St Georges Basin FRMS&P. At the time of writing, the remaining grant funding to be claimed is $101,253.00 (excl. GST) and $90,673.00 (excl. GST) for the Lower Shoalhaven River FRMS&P and St Georges Basin FRMS&P respectively.

 

Risk Implications

If the memberships for the Northern and Central FRM Committees are not extended this can have implications on Council’s ability to deliver the Lower Shoalhaven River and St Georges Basin FRMS&Ps in accordance with the grant deed.

It has taken a significant time, resources and efforts by Council, relevant committees, and the NSW Government to deliver the Lower Shoalhaven River and St Georges Basin FRMS&Ps. Further delays in completing these projects may cause community and industry frustration. Delivering these projects have been many years in the making and they are getting very closed to being finalised. Further delays this close to project completion is not desirable for any stakeholders involved, especially when it is not critical to do so.

 


 

 Ordinary Meeting – Tuesday 22 July 2025

Page 0

 

 

CL25.222   Consideration - Proposed Amendment to Shoalhaven Development Control Plan 2014  - 48 to 54 Paradise Beach Road, Sanctuary Point

 

HPERM Ref:       D25/228516

 

Department:       Strategic Planning

Approver:           Lindsay Usher, Acting Director - City Development 

Attachments:     1.  Draft DCP Chapter V3 (under separate cover)

2.  Changes to proponent's draft DCP provisions (under separate cover)   

Purpose:

The report seeks Council’s resolution to proceed to publicly exhibit draft site-specific provisions for 48-54 Paradise Beach Road, Sanctuary Point for inclusion in the Shoalhaven Development Control Plan (DCP) 2014.

In February 2025, Council resolved to undertake a review the proponent’s proposed DCP provisions for the land and consider the outcome of this before seeking community feedback. The DCP provisions are needed satisfy a clause in Schedule 1: additional permitted uses of the Shoalhaven Local Environmental Plan (LEP) 2014 which allows multi dwelling housing on the land.

Property Address

48-54 Paradise Beach Road, Sanctuary Point.

Property Details

Lot 80 DP 817353 (former Anglican Church site) and Lot 921 DP 27856 (54 Paradise Beach Road), Sanctuary Point.

Proponent

All About Planning

Owner

Container Group Investments Pty Ltd / A. Papagelou

Land use zoning

R2 Low Density Residential

Mapped building height limits

11 m

Additional permitted use

Multi-Dwelling Housing

 

Summary and Key Points for Consideration:

·    Site-specific DCP provisions are required for the subject land to satisfy clause 30 in Schedule 1: additional permitted uses of the LEP which allows multi dwelling housing on the land.

·    Council resolved to undertake a detailed review of the proponent’s submitted draft provisions for inclusion in Chapter V3: Miscellaneous Site-Specific Issues of the DCP.

·    The provisions have been reviewed and considered by Council staff and amended/adjusted where necessary to ensure consistency with existing DCP provisions and in an attempt to facilitate an appropriate outcome.

·    If the recommendation is adopted, the draft DCP Amendment will be publicly exhibited and the feedback will then be reported back to Council for consideration prior to finalisation.

 

Recommendation

That Council:

1.    Consider the detailed assessment and draft site-specific Shoalhaven Development Control Plan (DCP) 2014 chapter for 48-54 Paradise Beach Road, Sanctuary Point and progress the draft chapter to public exhibition.

2.    Publicly exhibit the attached draft amendment to Chapter V3: Miscellaneous Site-Specific Issues of the Shoalhaven Development Control Plan (DCP) 2014 for at least 28 days as per legislative requirements.

3.    Receive a further report following the conclusion of the public exhibition period to consider the feedback received and any required or proposed changes to the draft DCP.

4.    Advise key stakeholders of the public exhibition arrangements.

 

 

Options

1.    As recommended.

Implications: This is the preferred option and will enable Council to seek community feedback on the draft DCP provisions.

 

2.    Alternate recommendation.

Implications: This will depend on the nature of any recommendation. Not progressing to publicly exhibit the draft DCP Amendment would however prevent suitable site-specific provisions being put in-place to maintain the amenity of surrounding residences. If a DCP is not adopted, the proponent has the ability to lodge a concept development application as an alternative to a DCP required by an environmental planning instrument as per Clause 4.23 of the Environmental Planning and Assessment Act 1979.

If there are still concerns at this point about potential impacts on the existing residential properties to the rear, the option of increasing the rear set back could be considered. They are currently based in the draft on the ones in the existing DCP Chapter G13 that relates generally to medium density development. Any adjustment should consider the potential for better overall amenity impacts associated with the development.

Any decision to defer the matter to a briefing at this point could delay the matter unnecessarily as the draft DCP will also be reported to Council for final consideration/adoption after it has been publicly exhibited.

 

Background and Supplementary Information

Subject land

The subject land comprises Lot 80 DP 817353 and Lot 921 DP 27856, 48-54 Paradise Beach Road, Sanctuary Point, as shown in Figure 1.

 

An aerial view of a neighborhood

Description automatically generated

Figure 1 - Subject Land and Aerial Photo

 

Draft DCP provisions for the site were submitted by the proponent for Councils consideration and assessment in November 2024.

The submitted draft provisions seek to address Clause 30 of Schedule 1 - Additional Permitted Use (APU) in the LEP, specifically the following:

(3)  Development consent must not be granted unless—

(a)  a development control plan has been prepared for the land, and

(b)  the consent authority is satisfied there is an appropriate height transition between the multi dwelling housing and dwellings on adjoining land.

(4)  The development control plan must include measures to minimise the following—

(a)  overshadowing on adjoining land,

(b)  impacts on the visual and acoustic privacy of residents on adjoining land.

Council initially considered the DCP request on 25 February 2025 and resolved as follows (MIN25.86):

1.    Acknowledge the Planning Proposal history of 48-54 Paradise Beach Road, Sanctuary Point and the resulting Local Environmental Plan (LEP) clause requiring a site-specific Development Control Plan (DCP) to be prepared prior to development consent being granted for multi-dwelling housing;

2.    Undertake a detailed assessment of the draft DCP provisions prepared by the proponent, prepare a draft DCP for the land and report the matter to Council for consideration prior to exhibition.

Information about the recent planning history of the subject land is contained in the report to Council dated 25 February 2025, which can be viewed here (see CL25.57).

The APU clause in the LEP states that “an appropriate height transition” must be achieved between any multi dwelling housing (MDH) and the adjacent existing low density residential dwellings. The subject land has a mapped maximum height of buildings (HOB) of 11 m, whereas surrounding lots have a mapped maximum HOB of 8.5 m.

The prevailing local character is generally single storey. Thus, achieving an appropriate height transition is seen as crucial to ensure potential amenity impacts are negated or minimised, including overshadowing and overlooking when the land is developed.

While the existing general DCP Chapter G13: Medium Density and Other Residential Development generally addresses overlooking and overshadowing, these controls do not provide the necessary detail to effectively guide suitable outcomes on this site given its circumstances.

 

Proposed Development Control Plan Provisions – Assessment

Council staff have undertaken a detailed assessment of the proponent’s proposed DCP provisions. The proponents draft provisions generally follow the performance-based structure used in the Shoalhaven DCP 2014 as follows:

Objectives - objectives will clearly state what Council seeks to achieve once the controls or the performance criteria are met.

Performance criteria - Identify how a development should perform so that the desired objectives can be achieved.

Acceptable solutions - Indicate how the development can achieve the desired performance criteria and objectives.

Changes to the proponent’s proposed provisions include:

·    the objectives have been reworded to be consistent with other objectives in the DCP and strengthened to align with the LEP clause.

·    minor edits to ensure consistency with relevant existing DCP chapters and dictionary terms

·    removal of figures which are unnecessary and depict design outcomes unrelated to the provision (e.g. internal section layout)

·    removal of provisions which are in Chapter G13 to minimise duplication, including in relation to setbacks and building envelopes

·    the proponent’s proposed front and southwestern setbacks of 1.5 m have not been included due to inconsistency with Chapter G13, however the following note has been added: “A reduced front setback may be warranted if the rear setback is increased and the development achieves a better overall amenity outcome”.

A copy of the proposed draft DCP amendment recommended by Council staff is detailed in Attachment 1 and Attachment 2 compares the proponents draft wording and the staff recommended wording.

The drafted objectives, as amended, seek to achieve a built-form outcome that is sensitive to the built-form, landscape and environmental conditions of the surrounding low-density character. The recommended controls seek to help manage amenity impacts to surrounding properties as required by the APU clause.

 

Internal Consultations

As part of the staff review, Internal consultations occurred with Council’s Development Engineers, Development Planners and Environmental Health Officers. Their comments are summarised in the following table.

Date

Stakeholder

Summary of Issues Discussed

20 May 2025

Development Engineer

No issues with the proposed DCP amendment from an engineering perspective.

27 March 2025

Development Planner

Comments regarding wording of proposed performance criteria and acceptable solutions. Encouraged consolidation of controls as required.

26 March 2025

Environmental Health Officer

The proposed Performance Criteria to address noise concerns are considered sufficient to a guide a Noise Impact Assessment that would ordinarily be required by a DA assessment.

 

External Consultations

Earlier feedback was sought from a range of stakeholders during Council’s initial assessment of the related PP.

Further external consultation (by DPHI) occurred following the Rezoning Review process and formal amendment of the LEP. 

External consultation will occur, if needed, with targeted stakeholders during the public exhibition of the DCP.

 

Community Consultations

The earlier PP was publicly exhibited (by DPHI) between 8 November and 6 December 2023, however no formal community consultation has occurred on a draft DCP at this point.

Relevant external stakeholders (nearby landowners, previous submitters, CCB) will be notified in advance of the Council meeting at which this report is considered.

The community will be formally consulted when the draft DCP is publicly exhibited if the recommendation is accepted. 

 

Policy and Statutory Implications

The proposed DCP amendment will be publicly exhibited in accordance with legislative requirements and will be reported back to Council post exhibition to enable the amendment to the existing Chapter V3 of Shoalhaven DCP 2014 to be finalised.

 

Financial Implications

Given that this is a proponent initiated change, the applicable fees will be applied to cover Council’s costs in progressing the DCP amendment if supported.

 


 

 Ordinary Meeting – Tuesday 22 July 2025

Page 0

 

 

CL25.223   Policy Review - Provision of Water and Sewerage Infrastructure - Developments not included in Development Servicing Plans

 

HPERM Ref:       D25/267217

 

Department:       Water Asset Planning & Development

Approver:           Andrew McVey, Acting Director - Shoalhaven Water 

Attachments:     1.  Revised Policy - Provision of Water and Sewerage Infrastructure - Developments not included in Development Servicing Plans   

Purpose:

This report proposes that Council consider and reaffirm the attached policy.

 

Summary and Key Points for Consideration:

The attached policy has been reviewed and updated with minor edits in wording, definitions and legislation references, the changes proposed do not change the original policy intention.

 

Recommendation

That Council reaffirm the Provision of Water and Sewerage Infrastructure - Developments not included in Development Servicing Plans policy.

 

 

Options

1.    Adopt the recommendation as written.

Implications: Minor changes will assist for currency and clarity. There are no significant changes.

 

2.    Not adopt the recommendation.

Implications: Council can request further detail, seek further community input or make other changes.

 

Background and Supplementary information

The policy attached to this report has been marked up with the proposed changes for consideration and adoption by Council and a summary of the changes to the policy are as follows:

-      Addition of definitions

-      Updated list of related legislation, policies and Procedures

-      Addition of risk table

Changes also include minor editing, rewording and formatting of the policy and updating to the new policy template.

 

Internal Consultations

Key staff within Shoalhaven Water have been consulted and provided feedback on the proposed changes, no formal internal consultation across Council was conducted as the responsibility and application of the policy is the responsibility of Shoalhaven Water.

 

External Consultations

No external consultation has been conducted as part of the review of this policy as no significant changes have been proposed in the review of this existing policy.

 

Community Consultations

No community consultation has been conducted as part of the review of this policy as no significant change has been proposed.

 

Policy and Statutory Implications

Policy included in this report is proposed for reaffirmation, the nature of the changes are considered minor and therefore have no implications or deviation from the intent of the existing approved policies.

 

Financial Implications

No financial implications have been identified from the proposed changes.

 

Risk Implications

As no significant changes have been proposed there is no change to the current risk implications of this policy.

 


 

 Ordinary Meeting – Tuesday 22 July 2025

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 Ordinary Meeting – Tuesday 22 July 2025

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CL25.224   Connection to Future Town Sewerage System - 349 Worrigee Road Worrigee - Shoalhaven Memorial Gardens and Lawn Cemetery

 

HPERM Ref:       D25/293159

 

Department:       Water Asset Planning & Development

Approver:           Andrew McVey, Acting Director - Shoalhaven Water  

Purpose:

Shoalhaven Water is in receipt of an application under the Non-Urban Wastewater Connection Policy to connect Lot 121 DP 46948, being 349 Worrigee Road Worrigee (known as Shoalhaven Memorial Gardens and Lawn Cemetery) to Council’s Future Sewerage System. Such an application requires Council resolution under its Non-Urban Wastewater Connection Policy for approval to proceed.

 

Summary and Key Points for Consideration:

Council’s Non-Urban Wastewater Connection Policy provides for non-urban zoned properties to connect to the town sewerage system subject to compliance with Section 3.3 of that policy, Criteria for Determination of an Application for a Property to Connect to Council’s Sewerage System, which states:

“Connection to Council’s sewerage system will only be made available to rural properties upon written application in the following circumstances:

·     Where capacity exists in the existing system, and

·     Where the current levels of service can be provided, and

·     Where the property is paying the wastewater availability charge.

Assessment under each of these criteria is outlined below:

·     Where capacity exists in the existing system

The calculated loading is 2.0 Equivalent Tenement (ET). The future town sewerage system will have the capacity to support the proposed connection.

·     Where the current levels of service can be provided

Current levels of service via pressure sewer can be provided.

·     Where the property is paying the wastewater availability charge

The property is not paying the wastewater availability charge.

Properties not paying the wastewater availability charge will only be considered for connection to Council’s sewerage system if it is not possible to manage wastewater by on-site treatment. Approval in this situation is subject to Council resolution.

Council’s Environmental Services Unit is supportive of a connection to the town sewerage system.

 

 

 

 

 

Recommendation

That Council approve the connection of Lot 121 DP 46948, being 349 Worrigee Road Worrigee (known as Shoalhaven Memorial Gardens and Lawn Cemetery) to Council’s Future Sewerage System and subject to the applicant complying with all conditions specified in the Shoalhaven Water, Water Development Notice.

 

 

Options

1.    Adopt the recommendation

Implications: This is recommended as there will be sufficient capacity within the future low pressure sewer main being delivered by Shoalhaven Water as part of its Developer Servicing Plans, the proposal is considered minor development, and it is of positive economic benefit to Council.

 

2.    Refuse the request to connect to Town Sewerage Scheme

Implications: the applicant will continue to manage their effluent via on-site sewage management in accordance with other Regulations, Codes, and Standards.

 

Background and Supplementary information

Shoalhaven Memorial Gardens and Lawn Cemetery (SMGLC) currently has 2 septic pumpout systems in operation, one for the caretakers cottage and the other for the crematorium and chapel. The crematorium system has a variable hydraulic loading due to the nature of its operation, however the septic tank has a finite capacity which can lead to additional pump outs. The tank has also been buried under landscaping as they are considered unsightly as it’s a readily accessible area for the public, this increases the risk of infiltration by stormwater to system which can reduce its effectiveness/capacity.

An enquiry from Councils Commercial Services unit was made to Shoalhaven Water Asset Planning and Development Section about the feasibility of connection to the future sewerage main in August 2024.

Shoalhaven Water is extending/providing sewerage services to the Worrigee Road urban Rease Area (URA) in accordance with the current Development Servicing Plan. The Worrigee URA is currently approved for 144 large residential lots under the development application SF10570, located at 369 Worrigee Road (approximately 200 metres south of the SMGLC). Shoalhaven Water has completed detailed designs for the construction of a low pressure sewer main to connect the proposed residential lots to the Town Sewerage system near Isa Road Worrigee. A tender package has recently been released for these works.

Following further investigations, Shoalhaven Water has confirmed the property could connect to the proposed system and has made allowances for such a connection in the detailed designs. Refer to Figures 1 and 2 below.

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AI-generated content may be incorrect.Figure 1 – Locality Plan for the design of Low Pressure Seer main by Shoalhaven Water

 

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Figure 2 – Detail Plan showing the location of the connection point for SMGLC

 

As the proposed sewage system is a low pressure sewer option, SMGLC will be connected to the transfer main by multiple Council owned Pressure Sewer Units (PSU). It is proposed to provide a Duplex (dual pumps) PSU to the Crematorium and Simplex (single pump) PSU to the caretakers cottage. The exact location will be finalised at a later date and will aim to minimise disturbance to the established areas.

 

Internal Consultations

Council’s Environmental Services Unit has provided its support of this property being connected to Town Sewer as there is a significant risk of overflow to a publicly accessible area and to provide a long term benefit to the environment and protect public health.

 

External Consultations

No external consultation are required as defined under the Policy.

 

Community Consultations

No Community consultations have been carried out as the matter concerns a private connection and is dealt with under Council’s Policies.

 

Policy and Statutory Implications

Assessment under the Non-Urban Wastewater Connection Policy:

Council’s policy provides for non-urban zoned properties to connect to the town sewerage system subject to compliance with Section 3.3 Criteria For Determination of an Application for a Property to Connect to Council’s Sewerage System, which states:

“Connection to Council’s sewerage system will only be made available to non-urban properties upon written application in the following circumstances:

·    Where capacity exists in the existing system, and

·    Where the current levels of service can be provided, and

·    Where the property is paying the wastewater availability charge.

Properties not paying the wastewater availability charge will only be considered for connection to Council’s sewerage system if it is not possible to manage wastewater by on-site treatment. Approval in this situation is subject to Council resolution.”

Assessment in accordance with each of these criteria is outlined below:

·    Where capacity exists in the existing system

The calculated loading is 2.0 Equivalent Tenement (ET). The proposed town sewerage system does have capacity to support the proposed connection.

·    Where the current levels of service can be provided

Current levels of service via pressure sewer can be provided.

·    Where the property is paying the wastewater availability charge

The property is not paying the wastewater availability charge.

Properties not paying the wastewater availability charge will only be considered for connection to Council’s sewerage system if it is not possible to manage wastewater by on site treatment. Approval in this situation is subject to Council resolution.

Council’s Environmental Services Unit is supportive of a connection to the town sewerage system as it provides improved environmental outcomes and reduces the risk of wastewater overflows in public accessible areas.

 

Financial Implications

As the project is funded by a division of Council the expense, including payment of the once off Separate System Connection Fee of $17,928.80 (2025/26) will be applicable. Shoalhaven Water will retain ownership of the pressure sewer unit and therefore be responsible for its maintenance.

 

Risk Implications

The environmental risk implications will be reduced following a successful connection to Council sewer system with a pressure sewer option. Pressure sewer systems are fully sealed and therefore significantly reduce risk of overflows. Shoalhaven Water has installed in excess of 1000 similar systems in other areas such as Lake Conjola, Woollamia, Lake Tabourie and Currarong. The pressure sewer systems are a cost effective solution for the provision of sewerage services to properties that would not normally be serviced by a conventional gravity sewer system.

 


 

 Ordinary Meeting – Tuesday 22 July 2025

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Local Government act 1993

Chapter 3, Section 8A  Guiding principles for councils

(1)       Exercise of functions generally

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

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

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

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

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

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

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

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

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

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

(2)     Decision-making

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

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

(b)     Councils should consider social justice principles.

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

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

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

(3)     Community participation

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

 

Chapter 3, Section 8B  Principles of sound financial management

The following principles of sound financial management apply to councils:

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

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

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

(i)      performance management and reporting,

(ii)      asset maintenance and enhancement,

(iii)     funding decisions,

(iv)     risk management practices.

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

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

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

 

 

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

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

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

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

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

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

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

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

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

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

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