Agenda of Ordinary Meeting - Tuesday, 12 August 2025

Ordinary Meeting

Meeting Date: Tuesday, 12 August, 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 - 29 July 2025

6. Declaration of Interests

7. Presentation of Petitions

8. Mayoral Minute

Mayoral Minute

MM25.18..... Mayoral Minute - Condolence Motion - Aunty Vida McLeod......................... 1

9. Deputations and Presentations

10. Notices of Motion / Questions on Notice

Notices of Motion / Questions on Notice

CL25.237..... Notice of Motion - Councillor Email Signature blocks.................................... 2

CL25.238..... Notice of Motion - Acknowledgement and Welcome to Country................... 3

CL25.239..... Notice of Motion - Pickleball Possibilities Berry............................................. 4

CL25.240..... Notice of Motion - Drainage Issues Nowra Golf Driving Range and Putt Putt 6

11. Call Over of the Business Paper

12. A Committee of the Whole (if necessary)

13. Committee Reports

Nil

14. Reports

City Services

CL25.241..... Wowly Creek Reserve - Response to Petition for Provision of Permanent Public Toilet........................................................................................................................ 8

CL25.242..... Acquisition for Drainage Easement - Land on Brinawarr, Numrock and Birriley Streets, Bomaderry.................................................................................................... 25

CL25.243..... Lake Conjola Entrance Opening - April 2025............................................... 30

CL25.244..... Proposed New Lease - Part Lot 1 DP 775132, 5 Broughton Street, Kangaroo Valley - Kangaroo Valley Tennis Courts................................................................... 36

CL25.245..... Tenders - Management and Operations - Holiday Haven White Sands..... 41

CL25.246..... Tenders - Construct Dolphin Point Rd Footpath - Seaside Pde to Access Rd 43

CL25.247..... Tenders - Waste Transportation Services - Hook Lift Bins.......................... 46

City Development

CL25.248..... Policy Review - Planning Agreement and Works In Kind Agreement (WIKA) Policies...................................................................................................................... 48

CL25.249..... Policy - Shoalhaven Heritage Strategy........................................................ 50

CL25.250..... Policy - Development Adjoining Narrow Laneways Interim Policy.............. 60

CL25.251..... Draft Shoalhaven Local Approvals Policy - Public Exhibition Outcomes and Proposed Finalisation.................................................................................................... 63

CL25.252..... Outcome - Representations to NSW Government - Moratorium on development not supported by contemporary studies............................................................. 67

CL25.253..... Aboriginal Advisory Committee Membership Recommendations Report 2025 71

CL25.254..... Proposed Changes to Dog Access at Narrawallee Beach.......................... 74

Shoalhaven Water

CL25.255..... Policy Reviews - Non-Urban Wastewater Connection & Minor Mains Extension Policy...................................................................................................................... 79

CL25.256..... Connection to Town Sewerage Scheme - DA23/1792 - 133 and 143 Albatross Road Nowra Hill..................................................................................................... 81

15. Confidential Reports

Reports

CCL25.22.... Tenders - Management and Operations Holiday Haven White Sands

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.

CCL25.23.... Tenders - Construct Dolphin Point Rd Footpath - Seaside Pde to Access Rd

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.

CCL25.24.... Tenders - Waste Transportation Services - Hook Lift Bins

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.

Ordinary Meeting – Tuesday 12 August 2025

Page 1

CL25.241 Wowly Creek Reserve - Response to Petition for Provision of Permanent Public Toilet

HPERM Ref: D25/206887

Department: Technical Services

Approver: Kevin Norwood, Acting Director - City Services

Attachments: 1. Background: Petition, Previous Investigations & History of Correspondence ⇩

Purpose

The purpose of this report is to provide Council with advice in response to a petition presented at the ordinary council meeting on 21 January 2025, for the installation of a permanent public toilet facility at Wowly Creek Reserve, Callala Bay (Lot 16 DP 1002772).

Summary and Key Points for Consideration

PetitionA petition prepared by the Callala Bay Community Association was presented to Council on 21 January 2025.

Previous Requests

This is at least the 7^th instance a request for provision of a permanent public toilet at Wowly Creek Reserve considered by Council since 2014.

Existing Infrastructure

A portable toilet is hired annually to provide an amenity during annual peak holiday seasons. This service provided by Council is cost-effective and is able to be sustained into the future.

Public toilets are provided at Boorawine Terrace Boat Ramp (Callala Bay Boat Ramp) (700m, equivalent to a 9-minute walk from Wowly Creek Reserve).

Site Constraints

The site is subject to constraints, which make the construction of a permanent structure challenging and unlikely to be cost-effective.

The subject site is constrained by its relatively small size, absence of supporting infrastructure, is located directly adjacent to residential dwellings and private property and is subject to environmental constraints pertaining to native bushland and coastal influences.

Asset Management Planning (Priorities)

Current prioritisation of public toilet amenities block planning is focused on improvements to existing infrastructure, including the renovation of 18 existing amenities blocks, the delivery of accessibility improvements to 10 existing amenities blocks, and renewal (re-build) of 7 existing amenities blocks in very high-use areas.

Financial Implications

The delivery of a new public toilet asset at Wowly Creek Reserve would have financial implications for Council, which, at a minimum, will include increases to annual operational and depreciation costs, and may also include capital works costs - where the full costs of delivering new infrastructure is not met by external funding sources (grants).

An increase in costs arising from the delivery of a permanent public toilet amenities building at Wowly Creek Reserve is not considered to align with the objectives of the Financial Sustainability project currently underway or the independent findings of the Financial Sustainability Review delivered to Council in November 2023.

Conclusion

Provision of permanent public amenities at Wowly Creek Reserve, Callala Bay (Lot 16 DP 1002772) is not considered feasible or defensible at this time, both in relation to subject site conditions and increased costs. Further justification for this recommendation is provided in the subsequent chapters of this report.

Recommendation

That Council:

1. Accept the Wowly Creek Reserve - Response to Petition for Provision of Permanent Public Toilet report, and advice provided therein, in relation to the Callala Bay Community Association and petitioners’ request for a permanent public toilet at Wowly Creek reserve (Lot 16 DP 1002772).

2. Having given consideration to the petition and advice, acknowledges that provision of a permanent public toilet at Lot 16 DP 1002772 is not considered feasible and cannot be supported at this time.

3. Re-endorse the continuation of existing arrangements, whereby a portable toilet is provided at Lot 16 DP 1002772 during peak use periods as a sustainable and appropriate measure to manage peak demand.

4. Direct the CEO (Director - City Services) to install new signage at Lot 16 DP 1002772 and adjacent areas under Shoalhaven City Council’s management to promote the use of existing public toilet facilities at Callala Bay Boat Ramp.

Options

1. Adopt the recommendations, as presented.

Implications: The Callala Bay Community Association will be informed that the request for provision of a permanent public toilet at Wowly Creek Reserve is not considered feasible and has been declined.

The annual provision of a portable toilet at Wowly Creek Reserve will continue in accordance with current arrangements, which provides suitable and sufficient service during peak times.

New signage will be installed directing beach patrons to existing public toilet facilities at Callala Bay Boat Ramp. It is anticipated this will assist in improving use of this existing asset.

2. Despite contemporary advice that a facility of this nature is not considered feasible or defensible, concept options may be developed to enable Council to give further consideration to the proposal, including cost implications.

The Council may determine to direct the Acting CEO to undertake further design and technical investigations for provision of a permanent public toilet facility at Wowly Creek Reserve, to be considered in a future capital works program.

Implications: The cost for feasibility investigations is outlined in the Financial Implications chapter of this report. Initial design and technical investigations could be progressed in the Delivery Program and Operational Plan (DPOP) 2025-2026 financial year. Delivery of any new assets arising from these investigations would be considered for inclusion in a DPOP from the 2026 - 2027 financial year onward.

Elevating the Wowly Creek Reserve public toilet request into the design priority list, and the capital project priority list for future financial years, will impact the timing and delivery of other design and capital projects included in the FY25/26 DPOP.

Council would need to identify projects to be rescheduled into future years to enable the progression of this project. The project would be assessed in accordance with the Enterprise Project Management Office capital budget process and would be programmed for delivery once all necessary design, technical and environmental investigations are completed (subject to funding).

3. Adopt an alternative recommendation, as determined by the Council.

Implications: Unknown. The Council would need to provide further direction to the CEO in relation to the Wowly Creek Reserve petition.

Background and Supplementary information

An overview of the petition, validity of the petition, previous investigations and history of correspondence related to this matter is provided in Attachment 1.

Contemporary Feasibility Investigation – 2025 (Subject of this Report)

Investigations have been undertaken by City Services in response to the petition presented to Council on 21 January 2025, requesting the installation of a permanent public toilet facility at Wowly Creek Reserve, Callala Bay.

The outcome of these investigations is presented below.

Subject Site

Wowly Creek Reserve (Lot 16 DP 1002772) is a triangular land parcel, measuring only 894m² (ref. Figure 1).

A map of a land with houses and roads

AI-generated content may be incorrect.

Figure 1: Subject Site (Wowly Creek Reserve, Lot 16 DP 1002772) in context

Wowly Creek Reserve is classified as Community Land and is categorised as Park.

Wowly Creek Reserve is surrounded by private property to the north and west. The property to the north consists of native bushland. The privately owned land to the west includes short-stay accommodation and residential properties.

The Council-owned land to the south of Wowly Creek Reserve is classed as Community Land, and further categorised as Natural Area. Construction of a public toilet amenities block is not considered to align with the purpose of Community Land categorised as Natural Area.

The land to the south, and the large block of private land to the north of the reserve, both feature the same dry sclerophyll forest as seen in Wowly Creek Reserve. It is therefore possible that members of the public may perceive the reserve to be bigger than it actually is, as documented in Figures 2, 3 and 4.

A bird's eye view of a forest

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Figure 2 - Wowly Creek Reserve

A map of a property

AI-generated content may be incorrect. Figure 3 – Showing frontage of Wowly Creek Reserve to Monarch Place

A group of trees and a road

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Figure 4 - View of Wowly Creek Reserve (see: Council Reserve) looking East

The view of Wowly Creek Reserve from Monarch Place is that of natural bushland, with a narrow track entrance.

The common boundary between the public road reserve and Wowly Creek Reserve is less than 11m wide, as seen in Figure 4.

Embellishment Benchmarks

Wowly Creek Reserve is considered a local park, in accordance with Shoalhaven City Council’s Community Infrastructure Strategic Plan 2017 - 2036 (CISP). Embellishment standards for local parks are outlined in Appendix E of the CISP (ref. pp. 108-109).

Provision of public toilets at local parks is not identified as an appropriate embellishment standard for these types of open spaces. Furthermore, it is generally not considered financially sustainable to provide public toilet amenities within local open spaces.

Accordingly, provision of a permanent public toilet amenities block has not been prioritised for this location.

Environmental Constraints – Land Management

The Wowly Creek Reserve site has multiple environmental management constraints.

Vegetation clearing (required in order to establish a permanent public toilet facility) in the area is not advised as it acts as a buffer to the land parcel south of Wowly Creek Reserve which contains existing healthy native ecosystem within Wowly Creek Reserve and assists in retaining the excellent condition of the adjacent Natural Area. This will, in-turn, assist with weed suppression both in the reserve and adjacent Natural Areas.

The Natural Area is a more secure habitat for local native animals if it is separated from a developed area by a park reserve containing native vegetation (as per existing conditions). Endemic native trees contribute to the tranquil and ‘untouched’ atmosphere within the Reserve. Generally, trees maintain good health if they grow within an ecosystem of similarly healthy trees, so any encroachment into the native woodland is considered to be undesirable.

Wowly Creek is a sanctuary zone of the Jervis Bay Marine Park. The subject land buffers the creek and associated wetlands from urban impacts. The land has general scenic value.

An Asset Protection Zone (APZ) covers most of Wowly Creek Reserve (ref. Figure 5).

A map of a city

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Figure 5 - Asset Protection Zones (also showing geotechnical hazards) that impact the subject site

A Bushcare group operates at Wowly Creek Reserve. Bushcare/ Parkcare programs and their group action plans are established to ensure appropriate understory vegetation management by volunteers (generally weed control, natural regeneration, and sometimes revegetation).

The Wowly Creek Bushcare Group Action Plan covers the subject site and will be reviewed in late 2025. Actions include both the Community Land and Natural Area and consist of weed removal and to plan “…additional plantings of endemic native plants in the existing landscaped area”.

Environmental Constraints – Coastal Management

Council’s Open Coast and Jervis Bay Coastal Management Program (OCJB CMP) is now in Stage 5 – implementation, as it was certified and gazetted in August / September 2024. As part of the Stage 2 technical study for the CMP, Coastal Cliff and Slope Instability hazard lines were updated by a geotechnical consultant.

The subject site was assessed as showing geotechnical coastal hazard levels requiring risk management:

“The profile exposed in the cut bank on the south-western side of the entrance of Wowly Gully comprises clay with weathered rock exposed in the lower 1.5 m. The cut bank is undercut by up to 1m in places. A soil slump, estimated to be about 10m³, covers a section of the cut bank.” [ref. Table C1, p. 261/2]

The Geotechnical Hazard Lines in Figure 6 further illustrate risks at the subject site.

A map of a city

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Figure 6 - Geotechnical Hazards (ref. Open Coast and Jervis Bay Coastal Management Program, p. 292)

If any development of an amenities block at this subject site was to go ahead, Council would need to undertake geotechnical engineering to assess the specific risk, with a likely set back distance from the edge of the cliff imposed (costs estimates for these studies are provided in the Financial Implications chapter of this report).

Foreshore erosion has been examined in the OCJB CMP, documenting a “history of storm erosion that has impacted Callala Bay…” (ref. p. 74) Future erosion risks have been “considered in the context of sea level rise projections”. (ref. p. 79) Setbacks from current shoreline to take erosion into consideration are at between 10 metres and 28 metres. [ref. p. 76]. An analysis of at-risk infrastructure has been undertaken, considering possible future erosion due to wave action during storms (ref. pp. 74-77). Risks to minor infrastructure such as a picnic bench are rated ‘low’, but risks to major infrastructure such as a building are rated 'extreme’.

Environmental Constraints - Floodplain Management

The Floodplain Management team has advised:

It is highly likely that the Lot 16 DP 1002772 Callala Bay site is not located on flood prone land. This is based on data from nearby similar catchments. A flood investigation for Callala Creek and Wowly Creek is about to commence, and this will take about a year to complete.

Flood risk (distinct / separate to coastal influences outlined above) at the subject site is therefore considered to be low.

Accessibility

On each occasion that a new structure is planned for construction in NSW, accessibility needs must be addressed. The minimum standard for a new amenities structure at Wowly Creek Reserve would require the provision of one unisex accessible toilet.

Wowly Creek Reserve and the neighbouring natural area are not considered wheelchair accessible.

Wowly Creek Reserve and the adjacent Council Natural Area do not have paved paths. An unsealed dirt track leads from Monarch Place cul-de-sac through the reserve. A sandy track and steps consisting of treated wood uprights and sand infill lead down to the beach.

A wheelchair accessible park on the Callala Bay foreshore is available 700 metres to the south, at Callala Bay Boat Ramp, which provides paved access for a long distance along the foreshore and to facilities such as the amenities block, playground, and picnic table.

Asset Management & Prioritisation

This request has also been considered in the context of wider planning priorities.

Council prioritises the refurbishment of existing amenities blocks to ensure the maintenance of infrastructure at high standards, and to meet changes in accessibility requirements that can be managed within available resources.

A priority list of amenity block upgrades, renovations, and replacements has been established. It is anticipated it will take at least 10 to 15 years to deliver projects on this priority list if current budget and resourcing levels are maintained.

Further information about prioritisation was presented to Council in a previous report titled Feasibility Study – Community Infrastructure at Wowly Creek Reserve, Callala Bay:

“Public amenities are normally provided in conjunction with other facilities to increase their utilisation and are provided in areas of high activity.

Best practice asset management principles require that the replacement of existing public amenities should be prioritised prior to the construction of any new amenities. For this reason, portable toilets are a viable … option for areas with fluctuating usage rates, associated with high seasonal usage during the holiday period.”

Council aims to maintain current infrastructure at levels which meet the community’s expectations. Improving accessibility is one of Council’s goals and is possible to renew older amenities blocks to improve their accessibility. Council’s current prioritisation of amenities block planning is focused on such improvements to existing infrastructure:

· 18 existing amenities blocks have been selected for renovation.

· 10 existing amenities blocks have been selected for accessibility improvements.

· 7 existing amenities blocks to be rebuilt new, in very high-use areas.

· 1 existing amenities block to demolish once a nearby build is complete.

Council’s current forecast budget for amenities blocks funds a renovation project of one amenities block and an accessibility improvement project for one amenity block each financial year only. Any additional projects may be completed if and when funding is received.

Crime Prevention Through Environmental Design (CPTED) & Adjacent Uses / Facilities

When planning new buildings, consideration must be given to Crime Prevention Through Environmental Design (CPTED) principles. Accordingly, amenities blocks should be installed in high-traffic locations with excellent natural surveillance to meet community safety standards. Wowly Creek Reserve does not meet these standards.

Wowly Creek Reserve has peaks of use during the summer and Easter holidays, however, is secluded and quiet, with relatively low utilisation, for much of the year. The reserve is close to residential housing, and directly affected residents are unlikely to support the construction of a public toilet amenities block within view of their dwelling.

Public toilet amenities blocks are considered most suitable for open spaces which are co-located with complementary amenities such as car parking, accessible parking spaces, and multiple activity nodes / attractors. None of these amenities are currently present at Wowly Creek Reserve, and there are currently no plans to deliver upgrades within the adjacent road reserve to formalise car parking spaces.

Existing Nearby Public Toilet Amenities at Callala Bay Boat Ramp

A map of a beach

AI-generated content may be incorrect. There is a public toilet amenities block at Callala Bay Boat Ramp, which is 700m from Wowly Creek Reserve (equivalent to an estimated 9-minutes’ walking time) (ref. Figure 7).

This location has multiple use nodes, including a jetty, a boat ramp, a playground, a picnic table and shaded barbeque, a shaded fish-cleaning bench, and a large car parking area with 36 spaces plus one accessible car parking space.

There is also a manicured grass area, measuring 16,143m², with direct access to the Callala Bay foreshore for swimming, walking and picnicking.

The Callala Bay Junior Sailing School building is located at the southern end of this reserve.

Mooring for boats is available offshore at this location. A shared path meanders through this reserve along the foreshore, terminating at Sheaffe Street to the north and heading to a bridge over Callala Creek near Callala Street to the south, which connects through to Callala Beach.

The condition of the existing toilet amenities block has been assessed for the purposes of this report and is fit-for-purpose, safe, reliable and maintainable, and has an adequate remaining useful life due to its masonry superstructure.

The amenities block in this location is well patronised year-round and is considered to provide acceptable service provision within the catchment for this facility.

Internal Consultations

The report has been prepared based on input from the following departments:

· Technical Services

· Building & Property Services

· Environmental Services

External Consultations

Consultation with external stakeholders has not been undertaken in relation to the contents of this report.

Community Consultations

Community consultation activities have not been undertaken in relation to the contents of this report.

A single item of unsolicited incoming correspondence from two directly affected residents was received following the Council’s acceptance of this petition.

Correspondents expressed concern about the safety implications of installing a permanent public toilet amenities block so close to residential properties, and are particularly concerned about possible instances of illegal drug taking behaviour which might ensue as a result (refer to CPTED advice provided above).

Correspondents appreciate the Wowly Creek Reserve area as a child-friendly, safe and unspoilt residential and beachside location, and want this character to be retained.

Policy and Statutory Implications

The CBCA’s petition for provision of a permanent public toilet amenities block at Wowly Creek Reserve has been assessed and investigated in accordance with Shoalhaven City Council’s Petitions to Council Policy (ref. POL22/82).

Financial Implications

Delivery Program Operational Plan & Budget (DPOP)

There are no funds allocated to this matter in the DPOP for the 2025-2026 financial year.

Cost Estimates

Temporary provision (portable toilet)

A portable toilet is supplied at Wowly Creek Reserve during the summer and Easter holiday periods for a total of 74 days, which is equivalent to 10 ½ weeks (Summer 59 days, Easter 15 days). The total cost of this provision, seen in Table 1, is approximately: $6,650.

Table 1: Wowly Creek Reserve – Hire costs of portable toilet, 2024-2025 fiscal year

Portable Toilet costs	Rates	Weekly	Total
Delivery x 2	$60	-	$120
Hire rate/ day	$12	$83	$875
Pump outs, 3/ week	$80	$240	$2,540
Separate cleaning contract
Total	-	$418.00	$6,643

Operational Expenditure (Opex)

Ongoing average operational and maintenance costs for a permanent amenities block are estimated at approximately $18,000 per annum, as documented in Table 2:

Table 2: Amenities block operational costs

Amenities block operational categories	Costs
Cleaning	$11,391
Maintenance	$6,022
Graffiti Removal	$512
Total	$17,926

Capital Works Expenditure (Capex) – traditional construction methodology

The costs of designing and constructing a new public toilet amenity block have been estimated using recent Council construction projects as a baseline (accounting for industry price escalation experienced over the past 5-years).

Design costs are currently estimated to be in the order of $26,000.

Further information is presented in Table 3 (noting the figures presented in this table are actuals, and should be escalated (by at least 40%) to generate an accurate reflection of costs in the 2024/25 financial year).

Table 3: Costs of recent comparable amenities blocks

Hyams Beach project (2022) Amenities block with two unisex, accessible toilet rooms
Construction	$397,000.00
Project Management & Design	$25,000.00
Total	$422,000.00

Burrill Lake project (2021) Amenities block with one unisex, accessible toilet room
Construction	$267,000
Project Management & Design	$26,140
Total	$293,140

Technical studies would be required in conjunction with any future design project associated with this matter. A cost estimate for these studies is shown below in Table 4:

Table 4: Projected technical studies costs

Study	Minimum estimate	Maximum estimate
Geotechnical studies	$30,000	$50,000
Environmental approvals in total	$20,000	$30,000
Total	$50,000	$80,000

Summary of cost estimate for a single unisex accessible facility is provided below in Table 5.

Table 5: Cost estimate for a single unisex accessible facility

Item	Cost
Project Management and Design	$36,596
Construction - Delivery	$373,800
Geotechnical studies	$50,000
Environmental approvals in total	$30,000
Council Utility connections and fees. (If not off-grid).	$25,000
Approval and Certification fees	$3,000
Professional fees 15%	$76,259
Contingency 15%	$89,198
Total ex. GST	$683,853

The cost estimate for a single accessible toilet facility using traditional building methods is therefore: $684,000

Modular / Prefabricated (‘Pod’) Options

The installation of a modular prefabricated public toilet amenities block has been investigated, for the purposes of providing a complete overview of options for Council’s consideration. Costs for such a facility can be lower than costs for traditional construction methodologies.

The market for prefabricated, modular, amenities offers a large range in design and level of finishes to suit varied sites, locations, and community expectations.

A detailed cost estimate in relation to this option is provided below in Table 6. Photos of modular amenities can be seen in Figure 8.

A white building with a wooden fence

AI-generated content may be incorrect. A small building with a red door

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Figure 8 - Modular amenities examples

Table 6: Cost Estimate – Modular / Prefabricated (‘Pod’)

Item	Cost
Supply and install: Amenity, anti-vandal, fire resistant – concrete and stainless steel panel system. Product line selected for beach-side option (corrosive environment).	$95,000
Design: Included in Supply and install price.	-
Plant and equipment: Included in Supply and install price. 20t Franna Crane. 5t excavator for 4hrs.	-
Project Documentation: Plans, Dilapidation report, Dial Before You Dig Report, Works Program, Site Work Safety Plan, Safe Work Method Statement, Environmental Management/ Sediment Control Plan, Electrical Certificate, Plumbing Certificate, As-built drawings, Photo records of below ground works. Included in Supply and install price.	-
Civil and structural engineering for Amenity: Included in Supply and install price.	-
Civil and engineering: Works in the road reserve.	For discussion
Council Utility connections and fees. (If not off-grid).	$25,000
Optional items (if services unavailable, unfeasible)
3000L Fresh Water Tank System	$15,000
Solar Lighting System	$15,000
Development Application or Construction Certificate
Approval and Certification fees	$3,000
Design investigation/ survey	$10,000
Project Management (Council)	$10,000
Contingency 15%	$25,950
Total ex. GST	$198,950 ($200,000)

The cost estimate for supply and installation of a single, unisex, accessible, modular public toilet amenity building (able to be connected to services or self-sufficient) suitable for this location is: $200,000.

Risk Implications

A summary of risks associated with this request is presented below. Further information about the financial risks associated with this request is provided in the Financial Implication chapter of this report.

People - Crime Prevention through Environmental Design (CPTED)

Currently, Council hires a portable toilet for high-patronage seasons – the Christmas School Holidays, and the Easter holidays, annually. A portable toilet size varies by brand, with approximate dimensions of 2300mm high on a 1200mm² base. Wowly Creek Reserve has a steep, stepped access to the beach and creek, and only a small area at street level.

If a permanent toilet were installed, the minimum size would be for one single unisex accessible toilet, which is approximately 2400 to 2700mm high, on a 2000 by 2300mm base. This size of building in a secluded location could give rise to community safety concerns.

· A public toilet right across the road from private residences can give rise to concerns.

· A public toilet at the end of a secluded cul-de-sac may result in antisocial behaviour.

· If the public toilet were installed further towards the coast, away from the road, this might reduce problems with installing an unsightly facility, however, community safety factors would be worse in a very secluded location. There is only a small level space at street level, so options for choosing a somewhat secluded location are limited.

Property & Infrastructure

There is a sharp change in elevation within Wowly Creek Reserve from street level down to beach level. Studies would need to be undertaken to determine the geological stability of the area, to determine if building foundations and water, sewer and electricity access could be installed safely. No funding source has been allocated for the cost of this study (or any other necessary technical investigations).

Environment

Multiple technical studies would need to be undertaken to establish the feasibility of delivering a new public toilet asset at Wowly Creek Reserve.

Ordinary Meeting – Tuesday 12 August 2025

Page 1

CL25.242 Acquisition for Drainage Easement - Land on Brinawarr, Numrock and Birriley Streets, Bomaderry

HPERM Ref: D24/233757

Department: Buildings & Property Services

Approver: Kevin Norwood, Acting Director - City Services

Attachments: 1. Sketch Plan - Areas for proposed Easement for Drainage ⇩

Purpose

The purpose of this report is to seek Council resolution for the acquisition of an interest in land in the form of an easement for stormwater drainage over parts of 5, 7, 9 & 11 Brinawarr Street, 6 & 8 Numrock Street and 51 Birriley Street, Bomaderry. The affected areas of the privately owned properties are shown yellow in Attachment 1 to this report.

Summary and Key Points for Consideration

Section 186 of the Local Government Act 1993 provides that a Council may acquire an interest in land (such as an easement) for the purpose of exercising any of its functions.

Section 187 states that if a Council is exercising powers to acquire under the Act either by agreement or compulsory process, the acquisition must occur in accordance with the Land Acquisition (Just Terms Compensation) Act 1991. Acquisition by agreement is the preferred method and is recommended in this report.

The decision to acquire an interest in land must be made by a resolution of Council, as it is a non-delegable function under s.377 of the Local Government Act 1993.

Recommendation

That Council:

1. Acquire by agreement an Easement for Drainage of Water, 4m wide and variable width over parts of Lot 5 DP 27261, Lot A DP 335014, Lot 1 DP 36413, Lot 2 DP 36413 (5, 7, 9 & 11 Brinawarr Street respectively), Lot 6 DP 506665, Lot 7 DP 506665 (6 & 8 Numrock Street respectively) and Lot 5 Sec 4 DP 2886 (51 Birriley Street) at Bomaderry, as shown highlighted yellow on Attachment 1.

2. Pay compensation as agreed to landowners, as follows:

$4,500 (plus GST if applicable) - part 5 Brinawarr Street

$6,100 (plus GST if applicable) - part 7 Brinawarr Street

$4,000 (plus GST if applicable) - part 9 Brinawarr Street

$1,500 (plus GST if applicable) - part 11 Brinawarr Street

$ zero for part 6 Numrock Street and part 8 Numrock Street

$11,000 (plus GST if applicable) for part 51 Birriley Street,

and fund all reasonable costs associated with the acquisition such as valuation, survey, plan registration, transfer and legal costs in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

3. Authorise the extinguishment of existing Easement for Drainage 20 feet wide over Lots 6 and 7 DP 506665 (created in DP 217181, by dealing J285428) at zero compensation payable by the landowners, in lieu of the easement to be acquired by Council per Recommendation 2 above.

4. Delegate authority to the Chief Executive Officer or Delegate to complete negotiations including minor adjustments to compensation as a result of final survey and market value assessment determined by independent certified valuer and/or settlement figures determined in consultation with Council’s solicitor.

5. Authorise the Common Seal of the Council of the City of Shoalhaven be affixed to any document required to be sealed, and delegate authority to the Chief Executive Officer or Delegate to sign any documentation necessary to give effect to this resolution.

Options

1. Resolve as recommended

Implications: The easement will register on title Council’s legal rights of access and maintenance over the drainage channel. This will enable the exercise of preferred transparent powers for ongoing service management and the mitigation of potential nuisance to affected properties.

2. Not resolve as recommended

Implications: Failure to secure the easement will result in Council not obtaining formal rights on title, which may lead to uncertainty and delays in undertaking immediate and long-term maintenance activities.

Background and Supplementary information

An open drainage channel approximately 4 metres wide extends from Cambewarra Road (at House No.52), along the rear boundaries of several residential properties fronting Brinawarr and Numrock Streets, and through a large residential allotment (corner of Numrock and Birriley Street) before reaching Birriley Street. The drainage corridor contains some vegetation and is accompanied by a parallel sewer pipe over part of the alignment.

Upstream properties have been affected by stormwater flooding issues due to blockage of the drainage channel.

A drainage easement is already in place over the drainage channel for the upstream property to the north on Cambewarra Road as well as for downstream properties to the south of Birriley Street. An easement is sought over the identified lots in this report which form the middle section of the drainage channel.

Preliminary survey has identified the proposed easement areas over seven subject lots listed in Table 1 below.

Table 1 – Lots for easement acquisition and easement areas (subject to final survey)

Street Address	Lot & DP	Proposed easement area (m²)
5 Brinawarr Street	Lot 5 DP27261	73
7 Brinawarr Street	Lot A DP 335014	82
9 Brinawarr Street	Lot 1 DP 36413	63
11 Brinawarr Street	Lot 2 DP 36413	19
6 Numrock Street	Lot 6 DP 506665	21
8 Numrock Street	Lot 7 DP 506665	65
51 Birriley Street	Lot 5 Sec 4 DP 2886	265

There is an existing disused drainage easement over two of the subject properties Lots 6 and 7 DP 506665 (created by DP 217181) with no future use envisaged due to current drainage channel alignment. Council will extinguish the existing disused drainage easement currently burdening Lots 6 and 7 DP 506665 in lieu of the proposed easement acquisition over these lots. Figure 2 below shows both the disused drainage easement and the current drainage channel (proposed easement acquisition).

Figure 2 – Lots affected by part easement acquisition (yellow), location of existing disused drainage easement over Lots 6 & 7 DP 506665 (blue), existing drainage channel (red)

A map of a land with numbers and letters

Description automatically generated

Internal Consultations

Consultation has taken place with the relevant internal stakeholders and initiated by District Engineer (Northern).

External Consultations

An independent valuation report was commissioned by a certified practicing valuer to assess compensation amount having regard to the Land Acquisition (Just Terms Compensation) Act 1991.

When acquiring land or an interest in land for a public purpose, Council is obliged to genuinely attempt a negotiated outcome with the affected landowner/s, referred to as acquisition by agreement under section 38 of the Land Acquisition Just Terms Compensation Act 1991). Negotiations with the landowners for compensation have been undertaken in accordance with the Act.

All owners of properties impacted by the drainage easement are in agreement with the proposal.

Community Consultations

Community engagement is not required for operational purposes such as acquisition for easement over private property.

Policy Implications

The acquisition process has been carried out in accordance with Council Policy POL22/120 – Acquisition of Land by Shoalhaven City Council.

Financial Implications

Compensation payable to landowners was assessed by independent valuer and agreements subsequently reached as outlined in Table 2:

Table 2 – Agreed compensation for acquisition of easement

Street address	Agreed compensation (excluding GST if applicable)
5 Brinawarr Street	$4,500
7 Brinawarr Street	$6,100
9 Brinawarr Street	$4,000
11 Brinawarr Street	$1,500
6 Numrock Street	$ zero (existing easement to be extinguished)
8 Numrock Street	$ zero (existing easement to be extinguished)
51 Birriley Street	$11,000

Council will extinguish the existing disused drainage easement burdening 6 and 8 Numrock Street at zero compensation payable by the landowners, in lieu of the proposed easement being acquired over these lots by Council. This has been agreed by the parties due to the negligible benefit to the landowners.

The total cost for acquisition for easements is $27,100 (excluding GST if applicable). In accordance with the Land Acquisition (Just Terms Compensation) Act 1991, Council is also responsible for all reasonably incurred associated costs with the acquisition, such as valuation, survey, plan registration, transfer and legal costs, including those incurred by the respective landowners.

This acquisition project has allocated funding under the Delivery Program Operational Plan 2025-26.

Risk Implications

Council’s risks have been considered and there is minimal risk associated with the proposed easement acquisition. Acquiring the easement as recommended will alleviate risk of maintenance delays and potential flooding issues to affected owners.

Ordinary Meeting – Tuesday 12 August 2025

Page 1

CL25.243 Lake Conjola Entrance Opening - April 2025

HPERM Ref: D25/234322

Department: Environmental Services

Approver: Kevin Norwood, Acting Director - City Services

Purpose

The reason for this report is is to provide a report back to Council on the Lake Conjola entrance opening in April 2025 as per Item 7 of MIN25.195 resolved by Council on 29 April 2025.

Summary and Key Points for Consideration

Council opened Lake Conjola to the Tasman Sea in April 2025. This report back to Council provides a response for questions included in item 7 of MIN25.195 as follows:

That as recommended by the Committee:

1. The Entrance Management Policy be separated from Coastal Management Program.

2. The Lake Conjola Coastal Management Program (excluding the Entrance Management Policy) be endorsed for submission to Council

3. Council advocate to the State Government for funding for the immediate dredging of the southern ebb tide channel as a matter of urgency.

4. Council re-exhibit the draft Entrance Management Policy along with the draft Review of Environmental Factors by end of May 2025.

5. It be noted that Council still uses M2 for monitoring of the lake in combination with MHLFIT.

6. The Total Flood Warning System be budgeted for and delivered in next financial year.

7. In relation to the recent pilot channel works carried out on the 21^st April at lake Conjola a review/evaluation be undertaken and a report be provided to Council on the following:

a. How Council determined and authorised where the pilot channel works were undertaken

b. The dimensions and specifications of the first pilot channel given to the machinery operator including the width and depth of the channel

c. A copy of the variation and any conditions to Licence Number RN625288 from the State Government to open the lake

d. Why the pilot channel was not commenced sooner when lake water level reached 0.8m AHD

e. Why the pilot channel was not commenced sooner when approval was received to vary the opening trigger level?

f. Given the lake was being monitored and the lake level continued to rise over the following two days to over 1.3 what was the delay in further works being undertaken by the machinery operator as the trigger level for opening had been exceeded (+30% higher) and residents were being informed that Council will commence opening by 1.0m AHD level as per Crown Licence.

Recommendation

That Council receive this report for information.

Options

1. Council receives this report for information.

Implications: Nil

2. Request further information.

Implications: The details will need to be provided for staff to ratify. The delivery of additional actions and/or additional reporting impacts on Council resourcing and budgets.

Background and Supplementary information

Council opened Lake Conjola to the Tasman Sea in April 2025. A review of all entrance management decisions has been undertaken by Council. This report provides a response to questions included in MIN25.195 as follows.

7a. How Council determined and authorised where the pilot channel works were undertaken.

The pilot channel works were undertaken in the recommended location in accordance with the Lake Conjola Entrance Management Policy (EMP) and NSW Crown Lands licence.

Pilot channel excavations were undertaken in the natural low point of the beach berm within the licence extent that was expected to result in the shortest pilot channel length being excavated based on site observations and the most recent topographic survey of the entrance area.

Large seas prior to rainfall commencing resulted in storm washover into the lake, resulting in further sand being deposited in the entrance. As the lake water level rose, it was observed that the sand elevation was slightly lower just north of the pilot channel excavation location. However, this had no influence on the entrance opening outcome as the pilot channel length (approx. 200m) was very long regardless of the exact excavation location (further discussed below).

7b. The dimensions and specifications of the first pilot channel given to the machinery operator including the width and depth of the channel.

The pilot channel was excavated to a width of two excavator buckets for the full, approximately 200m length of the channel. The pilot channel depth was at least 1m, noting that excavations were down to bedrock closer to the Tasman Sea. Onsite decision-making regarding excavation considered the need to open the entrance close to high tide to achieve the best possible opening on a falling tide (as recommended in the EMP) given the very low lake level, below 1.0m AHD (not recommended in the EMP), in which the lake was attempted to be opened at.

The pilot channel was excavated prior to the commencement of rainfall in the Lake Conjola catchment, not in accordance with Councils current or updated draft EMP.

7c. A copy of the variation and any conditions to Licence Number RN625288 from the State Government to open the lake.

Approval from the Executive Director Land and Asset Management at NSW Crown Lands was given to Council by way of exemption to the standing licence with details as follows.

§ Dig a pilot channel from 22.00hrs Sunday 20 April onwards.

§ Mechanically open the lake entrance once the water level reaches 0.85m AHD or at such lower level as Council determines is necessary to minimise flooding.

7d. Why the pilot channel was not commenced sooner when lake water level reached 0.8m AHD.

The Get Ready level for Lake Conjola in the NSW Crown Lands licence is 0.85m AHD. Council staff arranged for an excavator to be placed on standby in the lead up to Easter and to be moved to Manyana on Monday 21 April at 8am. It is worth highlighting that this was Easter Monday.

The NSW Crown Lands licence exemption was provided to Council at 10pm on Sunday 20 April 2025. At this time the water level in Lake Conjola was 0.93m AHD.

The pilot channel excavations commenced as soon as operationally possible on Monday 21 April 2025 after the exemption had been provided. These excavations commenced at 12.30pm when the lake level was 0.93m AHD.

7e. Why the pilot channel was not commenced sooner when approval was received to vary the opening trigger level?

As noted above, the NSW Crown Lands licence exemption was provided at 10pm on Sunday 20 April 2025. At this time the water level in Lake Conjola was 0.93m AHD.

The pilot channel excavations commenced as soon as possible on Monday 21 April 2025 after the exemption had been provided. Heavy Easter Monday traffic and staff availability resulted in some delays for Council staff arriving onsite. However, excavations commenced at 12.30pm when the lake level was 0.93m AHD. Had the pilot channel excavation commenced sooner, this would have had no impact on its capacity to drain the lake (further discussed below).

7f. Given the lake was being monitored and the lake level continued to rise over the following two days to over 1.3m AHD what was the delay in further works being undertaken by the machinery operator as the trigger level for opening had been exceeded (+30% higher) and residents were being informed that Council will commence opening by 1.0m AHD level as per Crown Licence.

The Lake Conjola entrance was opened to the Tasman Sea at 3.20pm on Monday 21 April 2025, at which time the lake level was 0.93m AHD.

Mechanical openings at low levels are difficult and are often short lived due to several factors:

§ The water level at the time of opening is typically too low, or the tides too high, to create the surge required for effective scouring of the excavated pilot channel, also known as insufficient 'hydraulic head'. The lake water level was not significantly higher than the ocean water level when opened at 0.93m AHD (at times it would have actually been lower) and this resulted in an ineffective entrance opening given water needs to flow downhill with sufficient velocity to scour open the entrance. The pilot channel continued to function and drain water from the initial intervention.

§ Opening the lake at a level lower than the trigger level will lead to an even more rapid closure of the entrance. The better the scour, the longer the lake stays open. The follow up rainfall event on 23 May 2025, with an open entrance, reached 1.11m AHD and resulted in significant entrance scour, resetting the entrance condition to a fully open entrance. Lake Conjola reached 1.24m AHD on 28 May 2025 from a high tide event with no catchment rainfall, which is 0.08m lower than the maximum lake level reached in April 2025. This demonstrates that water levels during an open lake condition can often reach levels in exceedance of EMP trigger levels and minor flood levels. This is worth highlighting due to the significant community concern raised with Council during low level flood events when the entrance is closed.

§ Storm wash-over carries offshore sand back into the entrance causing sand build up through the entrance.

The Lake Conjola water level did not drop as quickly as the community had hoped. This is due to the low water level at which the lake was opened and the long length of the pilot channel excavation of approximately 200m. The optimal conditions to facilitate an effective entrance opening is the highest possible difference between lake and ocean water levels (without resulting in adverse flood impacts) and a short and steep pilot channel to facilitate higher flow velocities through the pilot channel. This creates an entrance that quickly scours opens and allows water levels in Lake Conjola to fall.

Following concerns with the lake water level not falling as desired by the community and rising further following rainfall, Council completed works to widen the pilot channel excavation on Wednesday 23 April 2025. At this point the lake level had risen to 1.3m AHD and this higher lake level resulted in the pilot channel naturally being scoured open while Council was onsite undertaking additional works. It is noted that it still took eight hours for the lake to start drop after it peaked at 1.32m AHD.

It is critical to note that even a fully open entrance cannot guarantee that the lake will not rise as a result of rainfall within the catchment.

It was the small water level difference between the lake and ocean, combined with a long pilot channel length that resulted in the lake entrance scouring open slowly. The depth and width of pilot channel excavations do not largely influence the rate at which the lake entrance scours open as Council will never be able to mechanically excavate a big enough channel to drain the Lake to replicate the natural scouring process during a flood. The key to a successful entrance opening is to have the highest difference in water levels between the lake and the ocean and the shortest possible pilot channel, as described above.

It is noted that the updated Lake Conjola draft EMP includes pilot channel excavation, berm lowering and dry notch maintenance. This draft EMP completed in and exhibited as part of the Lake Conjola Coastal Management Program (CMP) in October to November 2024. The supporting Review of Environmental Factors (REF) has been completed since January 2025. Delays in endorsing the updated Entrance Management Plan (EMP) for adoption resulted in the additional entrance management measures included in the updated EMP being unavailable during this event. If this updated EMP had been adopted and a NSW Crown Lands licence made available prior to April 2025, dry notch maintenance would have been undertaken, and the pilot channel length would have been significantly shorter. This would have resulted in higher flow velocities through the pilot channel, and the lake entrance would have scoured open much quicker. The role of a dry notch as included in the updated draft EMP is to reduce the sand burden behind the beach berm to reduce the pilot channel length to facilitate a quicker and more effective entrance opening.

As noted above, the water level in Lake Conjola can continue to rise with an open entrance. An open entrance cannot eliminate the flood risk in Lake Conjola.

Internal Consultations

A review of all entrance management decisions has been undertaken by Council. This included staff from the City Services and City Development directorates.

External Consultations

N/A

Community Consultations

N/A

Policy and Statutory Implications

Whilst the NSW Crown Lands licence exemption allowed the lake to be opened at a lower level than the 1.0m AHD planned opening level in the current NSW Crown Lands licence, this potentially created an expectation within the community that this would provide a benefit to the entrance opening and prevent low-lying land from flooding. If works had commenced when the trigger level was reached, then there would have been less time between the lake being opened and water levels falling.

The updated draft Lake Conjola EMP includes a range of appropriate entrance management measures such that future exemptions from NSW Crown Land licences are not required.

Financial Implications

The exact cost of the April 2025 Lake Conjola entrance opening was being finalised at the time of preparing this report.

Council’s current annual operational budget for entrance management is $26,500. It has been estimated that given any financial year that the required budget for all entrance management activities across the Shoalhaven would be up to $90,000. This budget covers five managed river and lake entrances in accordance with their associated EMPs.

The April 2025 entrance opening will have utilised the majority of Council’s FY2024-25 entrance management operational budget. It is noted that the entrance management provisions in the updated draft EMP will result in a significantly reduced cost to open Lake Conjola when undertaken in accordance with the updated draft EMP provisions.

It should be noted that Council attempted to open Lake Conjola to the sea in June 2019 when the lake level was 0.92m AHD. These works were undertaken in accordance with a one-off NSW Crown Lands licence, were completed between 13 June to 8 July 2019 at a cost in excess of $160,000 and the lake closed up again on 17 August 2019. This highlights the challenges and costs associated with opening the Lake Conjola entrance at a water level lower than the EMP trigger levels.

Risk Implications

The Lake Conjola entrance was opened in accordance with the EMP and NSW Crown Lands licence (and exemption) and the peak water level in Lake Conjola of 1.32m AHD was lower than the lowest non-habitable and habitable floor level in Lake Conjola. A water level of 1.3m AHD is classified by the NSW SES and the Bureau of Meteorology as the Minor Flood Level in Lake Conjola, which generally indicates some inundation of local roads, but no other substantial impacts.

As noted above, an updated draft Lake Conjola EMP was completed in and exhibited as part of the Lake Conjola CMP in October to November 2024. The supporting REF has been completed since January 2025. If this updated EMP had been adopted and a NSW Crown Lands licence made available prior to April 2025, dry notch maintenance would have been undertaken, and the pilot channel length would have been significantly shorter. This would have resulted in higher flow velocities through the pilot channel, and it would have scoured open quicker and the lake levels fallen more rapidly. The timely implementation of improved risk management measures is important to satisfy Council’s good faith obligations under Section 733 of the Local Government Act 1993.

Section 733 of the Local Government Act 1993 provides local councils and statutory bodies representing the Crown, and their employees, with a limited legal indemnity for certain advice given that relates to the likelihood of flooding or the extent of flooding. The Act also provides that a council that acts in accordance with the Manual relating to the management of flood liable land is taken to have acted in good faith in relation to advice given, or things done or not done, relating to the likelihood of flooding or the extent of flooding.

Council received a number of calls from the community during the April 2025 entrance opening. It is important for the community to understand that they need to call the NSW State Emergency Service (SES) on 132 500 if they are concerned about imminent property damage from the rain, flooding or storms as they are the appropriate combat agency to provide assistance.

Ordinary Meeting – Tuesday 12 August 2025

Page 1

CL25.244 Proposed New Lease - Part Lot 1 DP 775132, 5 Broughton Street, Kangaroo Valley - Kangaroo Valley Tennis Courts

HPERM Ref: D25/26599

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 lease agreement with Kangaroo Valley Tennis Club Incorporated (KVTC) at the Kangaroo Valley Tennis Courts (small tennis clubhouse and adjoining four courts) at Part Lot 1 DP 775132, 5 Broughton Street, Kangaroo Valley for continued use and occupation of the facility.

Summary and Key Points for Consideration

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

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

Recommendation

That Council:

1. Enter a five-year lease with Kangaroo Valley Tennis Club Incorporated (ABN 11 215 121 267) over Council Operational land known as The Kangaroo Valley Tennis Courts at Part Lot 1 DP 775132, 5 Broughton Street, Kangaroo Valley.

2. Establish lease rental and associated fees as follows:

a. rent of Clubhouse building at $609 (excluding GST) p.a.

b. contribution to court sinking fund for capital upgrades and periodic pressure cleaning of the courts surface of $11,600 (excluding GST) p.a.

3. Apply annual increases to Recommendation No.2 with the Consumer Price Index (All Groups Sydney).

4. Authorise the allocation of the contribution to court sinking fund for capital upgrades into the Restricted Asset Account for this facility.

5. Authorise the Common Seal of the Council of the City of Shoalhaven to be affixed to any document required to be sealed and delegate authority to the Chief Executive Officer or Delegate to sign any documentation necessary to give effect to this resolution.

Options

1. Resolve as recommended.

Implications: The lease will formalise the ongoing use of the Kangaroo Valley Tennis Clubhouse and Courts by Kangaroo Valley Tennis Club Incorporated. Council will receive an annual court re-surfacing contribution for the four tennis courts. The annual contribution will be allocated to the restricted asset account in accordance with Council’s Occupation of Council Owned and Managed Land Policy. The rent for the clubhouse building has been based on the current statutory minimum rent amount and is consistent with recent resolution of Council to apply rent for the occupied building plus court re-surfacing contribution.

The lease will give the lessee primary use of the facility, however, community groups are able to book the facility through the lessee for casual hire when not in use directly by the KVTC.

2. Resolve to enter new lease excluding rental amount for Clubhouse building.

3. Resolve not to enter the lease with Kangaroo Valley Tennis Club.

Implications: Kangaroo Valley Tennis Club Incorporated would not have the benefit of a lease agreement for the use of the Clubhouse and Courts. The absence of a lease will have implications for Council, having to absorb ongoing maintenance responsibilities and increase expenditure. KVTC would need to find alternate premises and Council conduct an Expression of Interest process to seek a new lessee.

Background and Supplementary information

Kangaroo Valley Tennis courts are located on Lot 1 DP 775132, 5 Broughton Street, Kangaroo Valley which is Council owned Operational land shown in figure 1.

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Figure 1 – Leased Area Kangaroo Valley Tennis Clubhouse and Courts at Part Lot 1 DP 775132, 5 Broughton Street, Kangaroo Valley

KVTC has been in occupation of the property known as the Kangaroo Valley Tennis Courts since circa 1987. The current lease agreement expired on 30 June 2023, and the lessee has continued occupation of the property on holding-over terms.

The lease to KVTC facilitates the provision of a quality recreational facility in a small population centre within the LGA. This supports residents in pursuit of healthy, outdoor activities and provides an additional attraction for visitors to the village.

Club members actively contribute to the management and care of the facility, ensuring an extended economic life for the community asset under the control of KVTC. The facility has been maintained by KVTC to a high standard over successive lease periods. The courts were originally established in 1990 with a resurface undertaken in 2002 and second resurface only due to be undertaken in late 2025. Maintenance of hard courts is generally expected every 10-12 years. Council has recently approved through the Enterprise Project Management Office (ePMO) the resurfacing of the two hardcourts. Work is expected to cost between $60,000 - $70,000 and will be funded from the Restricted Asset Account for this facility.

Rent received from KVTC is allocated to the Restricted Asset Account for major maintenance (court resurfacing) including pressure cleaning of the courts at three-year intervals.

The proposed terms of the new lease are as follows:

Lessee	Kangaroo Valley Tennis Club Incorporated ABN: 11 215 121 267 PO BOX 6133 Kangaroo Valley NSW 2577 Telephone: 0490 395 443 Email: [email protected]
Lessor	Shoalhaven City Council Administration Building 42 Bridge Road, Nowra, NSW, 2541 Tel: 02 4429 3111 Email: [email protected]
Premises	The building, improvements and curtilage on Part Lot 1 DP 775132, 5 Broughton Street, Kangaroo Valley. The leased area consists of four tennis courts, wired enclosing fences, clubhouse, court lighting, fenced children’s play area, electricity box and /grassed area.
Term	Five (5) Years
Commencement Date	1 July 2025
Termination Date	30 June 2030
Option	Not applicable
Rent	Minimum statutory rent of $609 p.a. + $11,600 excluding GST per annum, payable annually in advance being contribution to Restricted Asset Account for court resurfacing. Inclusion of periodic pressure and deep cleaning of the courts every three years
Rent Review	Annually to CPI
Percentage of Outgoings	100%
Permitted Use	Tennis courts and facilities ancillary to tennis courts for use of the Club and for hire
Public Risk Insurance	Twenty million dollars ($20,000,000.00)

Negotiations have been taking place with the lessee for a new lease term. The lessee has generally agreed to the new lease proposal except the payment of minimum statutory rent, in addition to contribution to the restricted asset account for court re-surfacing. The current lease (2018) rental was based on contribution to the restricted asset account for court re-surfacing. The 2013 lease was calculated through a rental subsidy assessment based on market value of the property under lease. With both leases, the rental amount was set aside in a Restricted Asset Account for capital improvements and major maintenance works.

Council’s Occupation of Council Owned or Managed Land Policy requires payment of rent based on the rental assessment framework (RAF) to determine rental subsidy, based on the market value. Council also requires contribution to restricted asset account which for this lease is the assessed cost of court resurfacing and periodic pressure cleaning. Council’s valuer was requested to provide an assessment for the occupied buildings (clubhouse) which resulted in a rental of $584 p.a. This is before a rent subsidy was applied. As the amount is less than the prevailing statutory minimum rent ($609), the statutory minimum amount needs to be applied. The separate contribution to the restricted asset account was determined by cost of court re-surfacing divided by asset life (years) and only applies to the actual tennis court surfaces.

Therefore, the lessee is being requested under the new lease to pay an annual rent equivalent to the statutory minimum, on top of the restricted asset account contribution every year. This has been required by Council recently and is consistent with the Council policy. An option (Option 2) has been included in this report for Council’s alternate consideration of the lessee’s request.

Internal Consultations

Consultation was undertaken with relevant internal stakeholders and no objections were raised to the proposed lease.

External Consultations

No external consultation was required to be undertaken for this matter given Council is re-negotiating with the existing lessee for a new lease term.

Community Consultations

No community consultation was undertaken as the land is classified as Operational land which has no statutory requirement to advertise a proposed lease.

Policy and Statutory Implications

The proposed lease is in accordance with Council’s Occupation of Council Owned or Managed Land Policy.

Financial Implications

A market rent assessment was undertaken by independent valuer. Annual rental was assessed at $584 p.a. before a rental subsidy was applied. As a result, the current minimum statutory rent ($609 p.a.) needs be applied to a new lease.

Council will also receive an annual contribution to the capital costs of resurfacing the four courts of $11,600 (excluding GST) per annum, to be allocated to the restricted asset account (RAA) for this facility in accordance with Council’s Occupation of Council Owned or Managed Land policy.

In accordance with the policy and Council’s adopted Fees and Charges, the lessee is also responsible for costs associated with preparation of the lease.

The casual hiring fees received for public use of the facility can be retained by the lessee.

Risk Implications

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

Tenderer	Location
A.C.N. 657 475 682 Pty Ltd.	Shellharbour
Kenelec Electrical Services.	West Nowra
OPUS Contracting Pty Ltd.	Worrigee
C & D Management Pty Ltd.	Huskisson

Tenderer	Location
Civil & Civic Group	Canberra
Conex Group	Seven Hills
Fulton Hogan	Dapto
Green Civil Services	Castle Hill
Hisway	South Nowra
Jirgens Civil	South Nowra
Urban Infrastructure	Emu Plains
Vogue Landscape and Civil	South Nowra

Tenderer	Location
Cleanaway Pty Ltd	South Nowra
Grima Recycling	Wetherill Park
Express Waste Pty Ltd	Ulladulla
Veolia Environmental Services (Australia) Pty Ltd	South Nowra

Ordinary Meeting – Tuesday 12 August 2025

Page 1

CL25.250 Policy - Development Adjoining Narrow Laneways Interim Policy

HPERM Ref: D25/303896

Department: Strategic Planning

Approver: Gordon Clark, Strategic Planning Manager

Purpose:

The purpose of this report is to enable the maintenance or reconsideration of the Development Adjoining Narrow Laneways Interim Policy, noting that all Public Policies are to be submitted to Council within 12 months of the election of Council for consideration.

Summary and Key Points for Consideration:

The Development Adjoining Narrow Laneways Interim Policy (the Policy) was adopted by Council in 2018 and seeks to provide clarity regarding development of land adjacent to narrow laneways across Shoalhaven.

Council originally also resolved (MIN18.891) on 6 November 2018 to transfer the content of this Interim Policy into the Shoalhaven Development Control Plan (DCP) 2014, however, this has not occurred due to more pressing strategic planning priorities and a focus on other matters. The integration into the DCP can ultimately be considered and occur as part of the broader work that is underway on the new Land Use Planning Scheme. In the meantime, the content of the Policy remains relevant/current and as such, at this point no changes are recommended to the Policy in the shorter term.

Recommendation

That Council:

1. Reaffirm the Development Adjoining Narrow Laneways Interim Policy.

2. Consider the integration of the Policy into the Shoalhaven Development Control Plan as part of the broader work on the new Land Use Planning Scheme.

Options

1. As recommended.

Implications: This option will see the reaffirmation of the Policy which is the preferred option as its content largely remains relevant/current.

The previously resolved integration of the Policy into the Shoalhaven Development Control Plan (DCP) will be considered and undertaken as part of the broader work on the new Land Use Planning Scheme, which was subsequently resolved as the Council’s focus in terms of strategic planning efforts/work.

2. An alternative recommendation e.g. undertake a review of the Policy and report back to Council or remove/discontinue the Policy .

Implications: This will largely depend on the extent of any changes or the approach taken. A review of the Interim Policy would require resources which are currently fully allocated to other strategic planning projects/priorities. As such, this is not the preferred option. Should Council wish to take a different approach (e.g. in regard to Huskisson) then it is suggested that a report back on relevant aspects should be requested.

Background and Supplementary information

The Policy originally emerged in 2018 and the following is some background commentary from a Council report dated November 2018:

There are over 8,750 metres of “laneways” throughout the Shoalhaven Local Government Area. Ninety per cent (90%) of these laneways have a road reserve width (property boundary to boundary) of less than 10m. At present, most narrow laneways are used for secondary access to detached garages/outbuildings, or for direct rear-yard access for the parking of boats, caravans, and the like. This use is a mix of formal and informal.

Increasing development pressure has seen an increase in the number of applications and future interest from property owners for subdivision and dual occupancy development fronting onto narrow laneways. Council does not currently have specific development controls to effectively manage or consider this type of development.

On 13 March 2018 the Development Committee considered a report identifying the current and emerging issues associated with development adjoining narrow laneways. The report was prompted following the lodgement of two development applications (DA’s) in Culburra Beach which sought to utilise Allerton Lane as a primary frontage for future development.

It is also noted that where an Area Specific Chapter exists in the DCP, it prevails over the interim policy position.

Internal Consultations

This report incorporates feedback from the Development Services Department.

External Consultations

No external consultation is required with Government Agencies, for example, as part of the reaffirmation process.

Community Consultations

No formal community consultation is required as part of the reaffirmation process.

Some feedback on the Policy was recently provided at the Shoalhaven Development Industry Reference Group’s July 2025 meeting, specifically on its effect in some areas e.g. Huskisson. Additional advice was then received that presents a preliminary ‘case for change’ as the Policy is having unintended consequences for Huskisson in particular. It has been suggested that the Policy stay, but that a development contributions project/s should be established for the four laneways in Huskisson that are largely undeveloped, supported by a brief DCP chapter for R3 zoned land in Huskisson. This would then exempt the subject laneways from the current Policy. The need for this piece of work and its priority would need to be separately specifically considered by Council and it is also likely to be of interest to the broader community.

Staff are not aware of any other feedback or issues being raised about the policy and consider that it largely remains current and is operating as intended. As such, no changes to the Policy are recommended at this point.

Council has the option of undertaking a fuller review of the policy, however, this would require resources which are currently fully allocated to other strategic planning work projects/priorities.

Policy and Statutory Implications

The Development Adjoining Narrow Laneways Interim Policy needs to be submitted to Council within 12 months of the election of Council for consideration.

Originally in 2018 when Council initially adopted the Interim Policy it was also resolved to ultimately integrate/incorporate the Policy into the Shoalhaven DCP. Council however subsequently resolved to focus its strategic planning efforts and to work toward a new Land Use Planning Scheme for the City. As a result the integration/incorporation has not yet occurred, but will be considered as part of the continued work on the new scheme. In the meantime the Interim Policy should be retained.

Financial Implications

No financial implications currently associated with the reaffirmation of the Policy.

Risk Implications

No risk implications associated with the reaffirmation of the Policy. However not having a Policy of this nature could create uncertainties or expectation for land adjoining relevant laneways.

Ordinary Meeting – Tuesday 12 August 2025

Page 1

CL25.251 Draft Shoalhaven Local Approvals Policy - Public Exhibition Outcomes and Proposed Finalisation

HPERM Ref: D25/183984

Department: Strategic Planning

Approver: Gordon Clark, Strategic Planning Manager

Attachments: 1. Draft Local Approvals Policy 2025 (under separate cover) ⇨

Purpose:

The purpose of this report is to seek endorsement to adopt and finalise the Draft Shoalhaven Local Approvals Policy (LAP) following its public exhibition.

Summary and Key Points for Consideration:

Council resolved (MIN25.116) to take a number of steps, including public exhibition and obtaining consent from the NSW Office of Local Government, to reaffirm its LAP.

All relevant steps have now been completed to enable adoption of the draft LAP.

Recommendation

1. Adopt the Draft Shoalhaven Local Approvals Policy at Attachment 1 with the noted changes.

2. Give public notice of the adoption of the Shoalhaven Local Approvals Policy as per legislative requirements, following finalisation.

3. Notify relevant stakeholders of this resolution, and when the Shoalhaven Local Approvals Policy is finalised.

Options

1. As recommended.

Implications: This is the preferred option as it will allow the finalisation of this matter. The adopted LAP will enable Council to fulfill its obligations in accordance with the Local Government Act 1993 (LG Act) regarding approvals.

2. Adopt an alternative recommendation.

Implications: This will depend on the extent of any recommendation or changes, but may delay the implementation of the LAP. This, in turn, will affect the ability to issue approvals under section 68 of the LG Act in Shoalhaven.

3. Not adopt the recommendation.

Implications: By not progressing the LAP, Council’s obligations under the LG Act will not be met.

Background and Supplementary Information

An LAP applies to the regulatory function of Council to grant approvals under Section 68 of the NSW Local Government Act, 1993 (LG Act).

Section 68 of the LG Act specifies that certain activities can only be carried out with the approval of Council under the provisions of the LG Act, except in the case of local or legislative exemptions.

Local approvals are different to development consents under the NSW Environmental Planning and Assessment Act 1979 (EP&A Act). A local approval may be required in isolation (e.g., where a development consent under the EP&A Act is not required, or a land use/activity is exempt or permitted without consent) or in addition to development consent.

Activities requiring a local approval include activities on community land, installation of sewage management systems, footpath dining, street stalls, installation of caravans/manufactured homes, mobile food vans, water supply, sewerage, stormwater drainage work and the like.

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

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

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

· Part 3 - Other Matters – specifies other matters relating to approvals not dealt with by the LG Act or Local Government (General) Regulation 2021, including information on the application process and supplementary documentation.

Council currently has an adopted Shoalhaven Local Approval Policy in place; however, the LG Act requires councils to readopt an LAP within 12 months of an election of a new Council.

It was resolved on 11 March 2025 (MIN25.116) that Council:

1. Endorse the public exhibition of the Draft Shoalhaven Local Approvals Policy (LAP) (Attachment 1) for 28 days and receive comments for 42 days from the commencement of the exhibition period, in accordance with Section 160 of the NSW Local Government Act 1993.

2. Following public exhibition:

a. Obtain the consent/concurrence of the Chief Executive Officer (CEO) of the NSW Office of Local Government (OLG) for Part 1 of the draft LAP prior to adoption.

b. Seek delegation from the CEO of OLG to Council’s Acting CEO to make any required updates to the draft LAP that may be required following part 2a above.

3. Subject to obtaining the consent of the CEO of the OLG for Part 1 of the Local Approvals Policy, receive a further report:

a. On the outcomes of the public exhibition, and

b. Seeking endorsement to adopt and finalise the policy.

Public exhibition of the draft LAP

In accordance with the resolution and the requirements of the LG Act, the Draft LAP was publicly exhibited on the Council's website for 45 days, from 28 March to 9 May 2025 (inclusive). During this period, no submissions were received.

Concurrence for Part 1 of the draft LAP

In accordance with Part 2a of the resolution, Council sought approval from the CEO of the OLG to adopt the draft LAP as exhibited.

On 15 July 2025, the OLG granted concurrence via the then Acting CEO to Council for exemptions under B1, B2, B3, B4, B5, B6, C1, C2, C3, C4, C5, C6, D1, D2, D3, D4, D5, D6, E1, E2, F1, F7, and F10 of section 68(1) of the LG Act. As there were no updates required to the relevant part of the LAP following Part 2a of the resolution, there was no need to obtain delegation for Council's acting CEO to make changes as per Part 2b of the resolution.

At the request of OLG, the NSW Department of Planning, Housing and Infrastructure (DPHI) also granted concurrence on 4 July 2025 in writing to Council, for exemptions under parts A1, F2, F3, F4, and F5 of the table in section 68 of the Local Government Act (LG Act).

Post-Exhibition Amendments to the draft LAP

Following the conclusion of the public exhibition, two amendments have been made to the Draft LAP in response to an internal request, as detailed in Table 2 below and identified in Attachment 1 (proposed amendments highlighted green).

Table 2: Post-exhibition amendments to the draft LAP

Amendment	Explanation for Post-Exhibition Amendment
Part 1: Update to 2.1 Section A: Legislated Exemptions relating to Domestic oil or solid fuel heating appliances (F4 activity).	Minor amendment to update reference to the relevant part of the EP&A Act. Council Staff sought direction from DPHI to proceed with this minor change to Part 1 of the LAP, which was supported.
Part 2: Updates to 3.2 Section B: Local Criteria relating to Stormwater drainage work – B5 activity to include approvals associated with a complying development.	Part 2: Council's Certification department has requested a revision of the wording in Section 3.2, Part B - Stormwater Drainage Work, to allow for the assessment to be determined against Chapter G2 of Shoalhaven Development Control Plan 2014, where the approval is associated with a complying development. This amendment will allow for the appropriate assessment of complying developments.

These amendments are not considered to be substantial and therefore the Draft LAP can be adopted by Council without any further public exhibition as per Section 161 (2) of the LG Act.

Internal Consultations

The draft LAP has been prepared with input from the relevant sections of Council that issue local approvals. A copy of the exhibition material was also distributed to all relevant internal stakeholders.

External Consultations

Resilience NSW was consulted during the exhibition period regarding the Temporary Recovery Pod Accommodation Program, which remains in the draft LAP. No submission or feedback was made by Resilience NSW.

Community Consultations

In accordance with Council resolution (MIN25.116) and the requirements of the LG Act, the Draft LAP was exhibited on Council's website for 45 days, from 28 March to 9 May 2025 (inclusive).

The exhibition materials were made available to view on Council’s ‘Documents on Exhibition’ webpage and include the following items:

· Draft Shoalhaven LAP 2025

· Public Notice

· Explanatory Statement – which outlines the purpose and structure of the draft LAP and provides links to all the relevant policies and guidelines mentioned within the draft LAP.

Policy and Statutory Implications

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

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

Financial Implications

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

Risk Implications

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

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

Ordinary Meeting – Tuesday 12 August 2025

Page 1

CL25.252 Outcome - Representations to NSW Government - Moratorium on development not supported by contemporary studies.

HPERM Ref: D25/304687

Department: Strategic Planning

Approver: Gordon Clark, Strategic Planning Manager

Attachments: 1. NSW Department of Planning, Housing, and Infrastructure's Response ⇩

Purpose:

Details the NSW Government’s response to Council’s representations seeking a moratorium on development that is not supported by contemporary studies.

Summary and Key Points for Consideration:

In August 2024, Council resolved to make representations to the NSW Government requesting a moratorium on development not supported by contemporary biodiversity and indigenous cultural heritage studies.

The representations were made in December 2024 and the NSW Government’s response was received in April 2025 (Attachment 1).

Recommendation

That Council receive the report on the outcome of the representations to the NSW Government for a moratorium on development not supported by contemporary studies for information.

Options

1. As recommended.

Implications: Council receives the report and associated information.

2. Council makes an alternative resolution.

Implications: Subject to the requirement of the alternative resolution, which could include making additional representations on this matter or waiting to see what eventuates from the mentioned Inquiry.

Background and Supplementary information

Following consideration of a Notice of Motion, Council resolved on 12 August 2024 (MIN24.443) to make representations to the NSW Government requesting a moratorium on development not supported by contemporary studies on biodiversity and indigenous cultural heritage.

The representations were made in December 2024 and requested that the moratorium be put in place until the completion of the NSW Parliamentary Inquiry into historical development consents. The NSW Government’s response was received in April 2025 (Attachment 1).

The response provided by the NSW Department of Planning, Housing, and Infrastructure (DPHI) outlined the following:

· Confirm there is no power under the current planning legislation (Environmental Planning and Assessment Act 1979) for the Minister to place a moratorium on development occurring under consents that have been granted and remain lawful.

· Encourage Council to explore the powers it has under the planning legislation to revoke or modify any development consents it is concerned about.

· Note the inquiry into historical development consents remains underway and that the Department of Planning, Housing, and Infrastructure is awaiting the outcomes of the Inquiry before considering further action.

The NSW Government’s Legislative Assembly Committee on Environment and Planning’s Inquiry into Historical Development Consents in NSW remains underway and it has not reported as yet.

The NSW Government publishes information about the Inquiry online (link) and updates the Inquiry outcomes and the NSW Government’s response will be provided to Council when known.

Current Development Consent Revocation Process & Requirements

There is a current process in the planning legislation to facilitate the revocation of a consent (Part 4.57 of the Environmental Planning and Assessment Act 1979). However the NSW Government has not published any supporting guidance or policy documents on this process and its operation. Council does not have any direct experience of the process as it has not sought to revoke a development consent. From discussion with other Councils in the region it also does not appear to have been commonly used, perhaps because of its complexity or the risk associated with it.

It is however clear from the current wording in the legislation that a council can only consider revoking a consent where it is the consent authority (consents issued by the Court or the Minister are excluded) and where the consent is potentially inconsistent with a proposed Local Environmental Plan (LEP). To get to this point a council would need to have gone through the separate process of preparing a Planning Proposal to justify and amend an LEP.

Revocation of development consents also comes with the requirement to consider or provide compensation as follows: “compensation for expenditure incurred pursuant to the consent during the period between the date on which the consent becomes effective and the date of service of the notice which expenditure is rendered abortive by the revocation or modification of that consent”.

Thus the likely amount of compensation will vary between consents and circumstances and could be difficult to reach or agree on.

Internal Consultation

No internal consultation was required or undertaken to complete the representations.

External Consultations

No external consultation was required or undertaken to complete the representations.

Community Consultations

No community consultation was required or undertaken to complete the representations.

Policy and Statutory Implications

The revocation of development consent(s) first requires the adjustment of planning controls. The resources required to prepare and advance the necessary planning proposal(s) would potentially divert efforts away from the current work preparing a new land use planning scheme for Shoalhaven. The new scheme will provide a contemporary land use planning policy framework to facilitate appropriate development outcomes.

Financial Implications

Council does not necessarily have the funds to pay any compensation associated with the revocation or modification of a development consent. The amount of compensation may vary between different consents/circumstances.

Risk Implications

The NSW Government has not published any supporting guidance or policy documents on the revocation process. The process could have risks, such as appeal opportunities, which would increase the costs and timeframes associated with proposed revocations.

Ordinary Meeting – Tuesday 12 August 2025

Page 1

CL25.253 Aboriginal Advisory Committee Membership Recommendations Report 2025

HPERM Ref: D25/315585

Department: Cultural & Community Services

Approver: Gordon Clark, Strategic Planning Manager

Attachments: 1. AAC Applications (councillors information folder) ⇨

Purpose:

To recommend the appointment of three new Aboriginal community member representatives and one renomination to the Aboriginal Advisory Committee (AAC).

Summary and Key Points for Consideration:

The AAC currently has five community member and two youth member vacancies. A panel made up of three people including the Committee Chair, Community Member and Senior Community Capacity Builder – Aboriginal, was convened and held interviews to fill these vacancies. The report recommends that Council accept the nominations of four Community Members noted in this report.

Recommendation

That Council:

1. Endorse and accept the appointment of Allen Bloxsome as a member of the AAC.

2. Endorse and accept the appointment of Cleone Wellington as a member of the AAC.

3. Endorse and accept the appointment of Aunty Margaret Simoes as a member of the AAC.

4. Endorse and accept the re-nomination of expired community member Charlie Ashby for a further term on the AAC.

5. Support a continued Expression of Interest (EOI) to fill the remaining two vacant youth and one community membership positions.

Options

Adopt the recommendation. Implications: This will ensure vacant positions are filled.

2. Not accept the recommendation and consider an alternative option.

Implications: This will depend on the nature of any alternate recommendation.

Background and Supplementary information

A membership audit was conducted in October 2024 which indicated that five memberships were due to expire.

At its meeting of the 29 April 2025 the Aboriginal Advisory Committee resolved (AA25.3):

That the Aboriginal Advisory Committee:

1. Accept the resignation of Ms Janet Atkins and thank her for her contribution to the Committee.

2. Note there are four x Community Representative positions that expired in January and February 2025, and thank these members for their contribution to the Committee:

a. Ms Sylvia Timbery

b. Mr Shane Brown

c. Uncle Paul McLeod

d. Mr Charlie Ashby

3. Note that Ms Sharlene Cruickshank and Ms Natalie Lloyd’s membership expired in January 2025 and Council have accepted their re-nomination for an additional term on the Committee with their membership to expire on 18 February 2029.

4. Note that there are five x Community Representative and two x Youth Representative vacancies currently advertised through an Expression of Interest process.

An EOI has been kept open in an attempt to recruit new members. Advertisements calling for nominations were shared through local networks and via online platforms. Three applications were received and Councils Governance team contacted expired members to see if they wanted to renominate given that there were insufficient applications to fill the vacant positions.

Council received three applications from community members and one re-nomination from an expired community member (Charlie Ashby).

The Assessment Panel (Panel) comprising of Chairperson (Natalie Lloyd), nominated community representative (Sharlene Cruickshank) and Senior Community Capacity Builder – Aboriginal (Colin Moore) assessed the applications against the criteria, adhering to the AAC’s Terms of Reference (TOR) and the Application for Membership form.

The Panel considered the skills and experience that each nominee could bring to the Committee. The Panel discussed the three membership applications received in 2025 and provided the following recommendation:

The recommendation of the Assessment Panel is that new applicants Cleone Wellington, Allen Bloxsome, Aunty Margaret Simoes and Charlie Ashby (renominated expired member) are appointed to the four vacant community member positions. This decision is based on the applicants:

· knowledge

· local community connectedness

· cultural identities

· professional skills and experience

· strong communication skills

· experience in diverse committees

The Panel valued the broad knowledge and experience that the applicants would be able to bring to the Committee and therefore put forward the recommendation for these applicants to be endorsed for the four vacant membership positions (see Councillors Information Folder for applications).

Internal Consultations

The governance team have provided guidance on the proposed process and recommendations to ensure accordance with other Section 355 Committees and the AAC TOR

External Consultations

Members of the AAC have been consulted through the process and in accordance with AAC TOR have participated in the Panel.

Community Consultations

Members of the AAC are community members and as mentioned above have been consulted throughout the process.

Policy and Statutory Implications

The only Council policy relevant for this report is the AAC Terms of Reference, and this process has been conducted in accordance with this policy.

Financial Implications

There are no funds or resources outside of staff time required to conduct this process.

Risk Implications

Council recognises the importance of maintaining good relationships and upholding core organisational values in all interactions with members of our Section 355 Committees. Council will tolerate appropriate and effective interventions to improve the functioning of these committees.

Ordinary Meeting – Tuesday 12 August 2025

Page 1

CL25.254 Proposed Changes to Dog Access at Narrawallee Beach

HPERM Ref: D25/329446

Department: Environmental Services

Approver: Brian Barrett, CEO

Purpose:

This report is provided in response to part 2 of the resolution of Council from the Ordinary Meeting of 22 July 2025 (MIN25.334):

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

Summary and Key Points for Consideration:

On 22 July 2025, the elected Council has proposed amendments to the current dog access arrangements at Narrawallee Beach, including on-leash access to the Victor Avenue and Surfers’ Avenue stairs (the Proposed Activity) and the potential for 24/7 off-leash beach access during winter.

Pursuant to s.5.5(1) of the Environmental Planning and Assessment Act 1979 (‘the EPA Act’), Council has a duty to consider the environmental impacts of the Proposed Activity. This will require a new Review of Environmental Factors (‘REF’) in accordance with s 171 of the Environmental Planning and Assessment Regulation 2021 (‘the EPA Regulation’).

This assessment will be required to examine and take into account to the fulllest extent possible the environmental impacts of the proposed amended arrangements and include consideration of the information currently available to Council and the collection of additional data.

Recommendation

That Council receive this report for information.

Options

1. As recommended.

2. Engage suitably qualified consultants to prepare a Review of Environmental Factors (REF) on the proposed access and off-leash arrangements at Narrawallee Beach, as detailed in MIN25.334 in accordance with s 5.5(1) of the Environmental Planning and Assessment Act 1979 (NSW), namely:

a. 24/7 dog off-leash access on Narrawallee Beach from 1 May to 1 October.

b. From 2 October to 30 April timed dog off-leash access on Narrawallee Beach during the following times:

i. Australian Eastern Daylight Savings Time: 4pm to 8am; and

ii. Australian Eastern Standard Time: 3pm to 10am.

c. Provision of dog on-leash access from the Victor Avenue steps and the Surfers’ Avenue steps to the dog off leash area.

d. Council allocate a budget of $60,000 for the preparation of REF, community consultation and collection of associated data.

Implications: Council must undertake a new Review of Environmental Factors pursuant to s 5.5 of the EPA Act and s 171 of the EPA Regulations, prior to resolving any changes to the current dog access arrangements. Failure to do so will result in Council breaching its legislative responsibilities and may result in costly legal proceedings. If Council is to proceed with investigating changes to the current dog access arrangements at Narrawallee Beach it is recommended that Council engage a suitably qualified consultant given the profile of this issue and given the range of perspectives within the community. Financial resources will need to be allocated so that consultants can be engaged to undertake the required assessment.

3. Adopt an alternative resolution.

Implications: Note that any amendments or changes to the current dog access arrangements will require an assessment of the proposed arrangements pursuant to Part 5 of the Environmental Planning and Assessment Act 1979 (NSW). It is not permissible to rely upon previous assessments.

Background and Supplementary information

Council Resolution – 22 July 2025

At the Ordinary Meeting of 22 July 2025 (MIN25.334), Council directed that the Acting CEO:

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 and the Surfers 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.

This report primarily addresses paragraph 2 of the above minute. However, paragraph 1 is relevant to this report in that it also seeks to amend the current dog access arrangements.

Current Dog Access Arrangments

The current dog off-leash access arrangements were adopted by Council by resolution on 29 July 2024 (MIN24.402) and are detailed in MIN24.402 as follows:

a. Dogs be prohibited in the area north of ‘BA8’.

b. A timed dog off-leash area be implemented south of ‘BA8’ and north of ‘BA3’ (also known as Matron Porter Drive Beach Access Track), during the following times:

i. Australian Eastern Daylight Savings Time: 4pm to 8am;

ii. Australian Eastern Standard Time: 3pm to 10am.

c. Permit dogs to be on-leash south of ‘BA8’ and north of ‘BA3’ (also known as Matron Porter Drive Beach Access Track), during the following times:

i. Australian Eastern Daylight Savings Time: 8am to 4pm;

ii. Australian Eastern Standard Time: 10am to 3pm.

d. Dogs be prohibited in the area south of BA3 (also known as Matron Porter Drive Beach Access Track).

The current dog access arrangements were adopted having regard to a Review of Environmental Factors dated 2 May 2024 (‘the May 2024 REF’) which Council directed staff to undertake at the Ordinary Meeting of 6 November 2023 (MIN23.661 Items 6 and 7):

6. Direct the CEO (Director - City Development) to update the Review of Environmental Factors (REF) for Narrawallee Beach off-leash area and exhibit the revised REF for information only.

7. Direct the CEO (Director, City Lifestyles) to submit a report on the REF findings for Narrawallee Beach off-leash area, results of consultation activities, and recommendations for the designation of dog off-leash and dog-prohibited areas at Narrawallee Beach to a future Council Ordinary Meeting for final determination.

Given that no specific dog off-leash area had been proposed in the resolution of Council (MIN23.661), the May 2024 REF provided ‘optimal dog off-leash and dog-prohibited areas’ (Figure 7, page 47) . A thorough assessment was completed based on the available data.

Proposed Amended Dog Access Arrangements

The proposed amendments to the current dog access arrangements are outlined in paragraph 1 and paragraph 2 of Council’s resolution of 22 July 2025 (MIN25.334) and include:

1. 24/7 dog off-leash access on Narrawallee Beach from 1 May to 1 October.

2. Dog on-leash access from the Victor Avenue steps and the Surfers’ Avenue steps.

Having regard to the current dog off-leash access arrangements, these proposed amendments represent an expansion and potentially an intensification of the dog access activity.

It is noted that Council has not provided any indication as to what dog access arrangements are proposed for the period from 2 October to 30 April. It has been assumed that the current timed arrangements may stay in place for this period which is understood to be as follows:

1. Australian Eastern Daylight Savings Time: 4pm to 8am; and

2. Australian Eastern Standard Time: 3pm to 10am.

Legislative Obligations

Council has an ongoing duty under s 5.5 of the EPA Act to examine and consider the environmental impacts to the fullest extent reasonably possible. This duty is not confined to a specific point in time as new environmental impacts may arise and/or there may be changes in the legislative requirements for assessment. Therefore, Council is not able to rely upon previously dated REFs to fulfill its duty under s 5.5 of the EPA Act.

Having regard to the proposed changes to the current dog access activity, Council will be required to undertake a new REF that has regard to the following environmental factors that are stipulated in s 171(2) of the EPA Regulation:

(a) the environmental impact on the community,

(b) the transformation of the locality,

(c) the environmental impact on the ecosystems of the locality,

(d) reduction of the aesthetic, recreational, scientific or other environmental quality or value of the locality,

(e) the effects on any locality, place or building that has—

(i) aesthetic, anthropological, archaeological, architectural, cultural, historical, scientific or social significance, or

(ii) other special value for present or future generations,

(f) the impact on the habitat of protected animals, within the meaning of the Biodiversity Conservation Act 2016,

(g) the endangering of a species of animal, plant or other form of life, whether living on land, in water or in the air,

(h) long-term effects on the environment,

(i) degradation of the quality of the environment,

(j) risk to the safety of the environment,

(k) reduction in the range of beneficial uses of the environment,

(l) pollution of the environment,

(m) environmental problems associated with the disposal of waste,

(n) increased demands on natural or other resources that are, or are likely to become, in short supply,

(o) the cumulative environmental effect with other existing or likely future activities,

(p) the impact on coastal processes and coastal hazards, including those under projected climate change conditions,

(q) applicable local strategic planning statements, regional strategic plans or district strategic plans made under the Act, Division 3.1,

(r) other relevant environmental factors.

Review of Environmental Factors – 28 January 2022

It is noted that there are REFs that have been undertaken previously with respect to dog access arrangements at Narrawallee Beach that may have fulfiled the requirements of the legislation at the time of the assessment.

In particular, REF dated 28 January 2022 that was presented to the Ordinary Meetings of Council on 28 March 2022 and 26 April 2022 and referred to by her Honour Justice Pain in Narrawallee Beach Environmental Group Inc v Shoalhaven City Council [2023] NSWLEC 78 [170-200]. https://www.caselaw.nsw.gov.au/decision/18976bc1bc692d38ba616e89 (‘the 2022 REF’).

Council did not endorse the 2022 REF but instead resolved (MIN22.278):

That Council:

1. Postpone making a determination and direct Council staff to undertake further investigations, and

2. Temporarily hold in place the current on-leash/off-leash provisions pending further investigation and the review of the Access Areas for Dogs Policy.

Whilst the 2022 REF endorsed the use of the Victor Avenue and Surfers Avenue steps as on-leash access areas Council, due to new assessment guidelines being introduced post the 2022 REF (in June 2022), cannot now rely on the 2022 REF to support the “reopening of the Victor Avenue steps and the Surfers Avenue steps as a dog on-lease area” as per paragraph 2 of MIN25.334.

The 2022 REF does not consider the environmental impacts of 24/7 off-leash access during the period from 1 May to 1 October as per paragraph 1 of MIN25.334.

As stipulated previously in this report, in order to comply with the requirements of s 5.5(1) of the EPA Act, Council must “examine and take into account to the fullest extent possible all matters affecting or likely to affect the environment by reason of that activity”.

As such Council will be required to undertake a new REF to consider the environmental impacts of any proposed changes to the current dog access arrangements.

Internal Consultations

This report was developed with input from staff from the Environmental Services and Technical Services departments and Council’s General Counsel.

External Consultations

If Council resolves to consider new or amended dog access arrangements at Narrawallee Beach, it is recommended that external consutlants be engaged to undertake the necessary assessments under the EPA Act and EPA Regulations.

Community Consultations

Due to the high level of community interest, community engagement should be undertaken as part of the REF process to understand and consider potential social impacts.

Pursuant to s 171(4) of the EPA Regulation, Council must publish the REF on its website. Pursuant to s 171(5) of the EPA Regulation, publication must occur either prior to the activity commencing or as soon as practicable (not more than 1 month) after the activity commences.

Policy and Statutory Implications

The recommendation of this report has been developed to comply with policy and legal requirements.

Financial Implications

Council has not planned for or budgeted this work. If council is of a mind to proceed with changes to the existing arrangements at Narrawallee Beach a budget of $60,000 will need to be allocated. Due to the high level of community interest, community engagement needs to be undertaken as part of the REF process to understand and consider potential social impacts. This may be best achieved through a survey.

Risk Implications

There is a high level of public interest in this matter and any amendments to current dog access arrangements need to be undertaken strictly in accordance with the legislative requirements of the EPA Act and EPA Regulation. Failure to do so may lead to a breach in the legislation and potential costly legal proceedings. Accordingly, it is essential that a high level of legal oversight continues to address financial and reputational risks in particular.

With regard to reputational risk, it is considered essential to undertake a social survey to assess the specific proposal for changes to the dog access arrangements at Narrawallee Beach. Rigorous survey design and community consultation is needed to ensure that the REF assesses the social impact and that the data gathered is representative.

Ordinary Meeting – Tuesday 12 August 2025

Page 1

CL25.256 Connection to Town Sewerage Scheme - DA23/1792 - 133 and 143 Albatross Road Nowra Hill

HPERM Ref: D25/327127

Department: Water Asset Planning & Development

Approver: Andrew McVey, Acting Director - Shoalhaven Water

Purpose:

An application to connect to Council’s Sewerage System has been submitted to Shoalhaven Water under the Provision of Water and Sewerage infrastructure - Developments Not Included in Development Servicing Plans Policy (Policy) for Lots 3 and 5 DP 789543, being 133-143 Albatross Road Nowra Hill. Section 2.1 of the Policy requires Council resolution to approve connection.

Summary and Key Points for Consideration:

Council’s Policy Provision of Water and Sewerage infrastructure - Developments Not Included in Development Servicing Plans requires Council approval where a development is seeking to utilise any spare capacity in the scheme.

Recommendation

That Council defer approval for the connection of Lots 3 and 5 DP 789543, being 133-143 Albatross Road Nowra Hill to the Nowra Sewerage Scheme until such time as the development obtains Development Consent.

Following receipt of Development Consent, a separate report will be presented to Council for consideration.

Options

1. Adopt the recommendation

Implications: The development is currently subject to proceedings before the Land and Environment Court due to a deemed refusal. As such, the application does not meet the definition of “Development” under the revised Sewerage Scheme Connection Policy, which requires an approved Development Application and/or a Complying Development Certificate under the Environmental Planning and Assessment Act or relevant State Environmental Planning Policy.

Connection prior to receipt of Development Consent would be contrary to the Policy. Upon receipt of an approval, a separate report will be presented to Council for consideration of the connection.

2. Approve connection prior to issue of Development Consent.

Implications

This is not recommended as this is contrary to the approved Policy which was endorsed by Council at its meeting on 22 July 2025.

3. Refuse the request to connect to Nowra Sewerage Scheme

Implications: Refusing the connection request will preserve existing capacity within the sewerage network for future infill development, currently zoned land, and developments identified in Council’s Development Servicing Plans (DSPs).

The proposed development would need to reconsider its servicing strategy, as there are significant limitations associated with managing wastewater onsite. This may impact the feasibility of the development in its current form.

Background and Supplementary information

Shoalhaven Water was initially contacted by the developer’s consultants in August 2023 to seek advice regarding water and wastewater servicing capacity for a proposed Manufactured Housing Estate (MHE) at 133–143 Albatross Road, Nowra Hill. Following this request, detailed assessments of the water and sewer networks were undertaken, and a technical report was issued in September 2023.

A Development Application (DA2023/1792) was subsequently lodged via the NSW Planning Portal on 29 September 2023 for a Lifestyle Living Estate (Caravan Park) comprising approximately 200 sites. Council requested additional information on several occasions in relation to various planning and technical matters. In June 2024, the applicant initiated proceedings in the Land and Environment Court (LEC) on the basis of a “Deemed Refusal.”

As part of the Without Prejudice negotiations in the LEC, the applicant is now seeking approval to connect the proposed development to the Nowra Sewerage Scheme, in accordance with Council’s Policy.

Servicing Assessment

The assessment identified sufficient capacity in the water network. However, while the wastewater network has spare capacity, limitations exist within the current system. To facilitate connection, the following infrastructure upgrades would be required:

· Relocation of Council’s Sewerage Pumping Station No. 15 to the development site;

· Redirection of associated gravity sewer mains to the new SPS location;

· Construction of a new sewer rising main to the receiving manhole.

All works would be at the developer’s expense and subject to the issuance of a Certificate of Compliance under Section 307 of the Water Management Act 2000.

Sewer Connection Options

Two connection options were identified based on the estimated Equivalent Tenement (ET) loading:

Option 1: Developments with sewer loading < 292 ET

· Connection Point: Manhole 3AB/16

· Flow Limit: 16 L/sec

· (Refer to Figure 1)

Option 2: Developments with sewer loading ≥ 292 ET

· Connection Point: Council’s Sewer Pumping Station No. 3 (Osborne/St Anns Streets)

· Flow Limit: 22 L/sec

· (Refer to Figure 2)

Both options require connection via a Council-owned sewer pumping station and rising main, facilitated by the relocation of Sewer Pumping Station No. 15 to within the proposed development lot.

Figure 1

A map of a neighborhood

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Figure 2

Whilst spare capacity has been identified within the existing sewerage system, allocating this capacity to a development that has not yet received Development Consent would constrain future servicing opportunities for currently zoned lands within the catchment.

The absence of an approved development limits Council’s ability to consider the application under the current Policy which defines Development as an approved Development Application and/or Complying Development Certificate under the Environmental Planning and Assessment Act or relevant State Environmental Planning Policy.

Deferring approval until Development Consent is granted will ensure that any future assessment is consistent with the current Policy and will mitigate the risk of setting a precedent that could undermine the Policy’s effectiveness.

Internal Consultations

Councils’ Environmental Services were consulted on whether the development would be able to adeqautely manage the effluent generated for the development by any onsite means.

They have confirmed it would be extremely difficult to manage the effluent by onsite means due to the proximity of a major watercourse and that a connection to Town Sewer (in accordance with Shoalhaven Water specific conditions) would be supported.

External Consultations

There is no requirement for external consultations for this application to connect to Town Sewer.

Community Consultations

No community consultations have been carried out as defined under the Policy, however it is noted the DA has generated significant interest from the community with numerous submissions received from the public – mostly in opposition to the proposal.

Policy and Statutory Implications

The Policy provides a framework for assessing applications that fall outside Council’s adopted Development Servicing Plans (DSPs).

The Policy clearly defines Development as a “Development Application and/or a Complying Development Certificate approved under the Environmental Planning and Assessment Act or relevant State Environmental Planning Policy (Exempt and Complying Development Codes).”

As the current application has not received approval, it does not meet the definition of Development under the Policy and therefore cannot be considered for connection at this stage.

Financial Implications

There are no negative financial impacts to Council associated with this proposal. All works required to facilitate the relocation and diversion of sewer infrastructure, as outlined above, will be undertaken at the developer’s full cost.

In addition, if the property was connected to the Nowra Sewerage Scheme, it will be subject to the applicable annual wastewater availability charge in accordance with Council’s adopted Fees and Charges

Risk Implications

Approval of a connection to the Nowra Sewerage Scheme would reduce environmental risk, particularly given the development’s proximity to Flat Rock Creek. Shoalhaven City Council’s Environmental Services have advised that onsite effluent management presents significant challenges at this location, and connection to the reticulated sewer network would provide a more sustainable and lower-risk outcome.

To facilitate the relocation of Sewer Pumping Station No. 15 to within the development site, a separate lot will be required. This lot must be dedicated to Council at no cost. In addition, easements for access both legal and practical must be created in favour of Shoalhaven City Council to ensure ongoing operation and maintenance of the infrastructure.