Agenda of Council - Wednesday, 19 February 2025

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

· Is the decision or conduct legal?

· Is it consistent with Government policy, Council’s objectives and Code of Conduct?

· What will the outcome be for you, your colleagues, the Council, anyone else?

· Does it raise a conflict of interest?

· Do you stand to gain personally at public expense?

· Can the decision be justified in terms of public interest?

· Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

· Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government

· Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only). If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

· Is it likely I could be influenced by personal interest in carrying out my public duty?

· Would a fair and reasonable person believe I could be so influenced?

· Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

· Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st Do I have private interests affected by a matter I am officially involved in?

2nd Is my official role one of influence or perceived influence over the matter?

3rd Do my private interests conflict with my official role?

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Bega Valley Shire Council (and Model) Code of Conduct, Part 4 – conflict of interest.

Agency advice

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

Contact	Phone	Email	Website
Bega Valley Shire Council	(02) 6499 2222	council@begavalley.nsw.gov.au	www.begavalley.nsw.gov.au
ICAC	8281 5999 Toll Free 1800 463 909	icac@icac.nsw.gov.au	www.icac.nsw.gov.au
Office of Local Government	(02) 4428 4100	olg@olg.nsw.gov.au	http://www.olg.nsw.gov.au/
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

Disclosure of pecuniary interests / non-pecuniary interests

Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

The following form should be completed and handed to the Chief Executive Officer as soon as practible once the interest is identified. Declarations are made at Item 3 of the Agenda: Declarations - Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:

Council meeting held on __________(day) / ___________(month) /____________(year)

Item no & subject
Pecuniary Interest	In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.
Significant Non-pecuniary conflict of interest	– In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.
Non-pecuniary conflict of interest	In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 5.11 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.
Nature of interest	Be specific and include information such as : · The names of any person or organization with which you have a relationship · The nature of your relationship with the person or organization · The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.
If Pecuniary	Leave chamber
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber
Reason for action proposed	Clause 5.11 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you consider that conflict does not require further action in the circumstances
Print Name	I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.
Signed

NB: Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.

Council 19 February 2025

Item 8.1

8.1. Affordable Housing Strategy implementation progress report

This report provides an update on implementation of the Affordable Housing Strategy from 1 July 2024 to 31 December 2024.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

Note the progress made in implementing the Bega Valley Shire Affordable Housing Strategy in the period 1 July 2024 to 31 December 2024.

Executive Summary

This report provides an update on key progress against the Bega Valley Affordable Housing Strategy for the period 1 July 2024 to 31 December 2024.

Background

Key progress from 1 July 2024 to 31 December 2024

A full list of progress against each strategy is at Attachment A, with the updates from 1 July 2024 to 31 December 2024 shown in bold font.

The below list includes a summary of the key achievements in the reporting period.

· LEP amendments gazetted which include:

o Enabling the creation of up to 40% small lots in new low density residential subdivisions to provide flexibility to ensure residential development makes efficient use of land and infrastructure and contributes to the availability of new housing while preserving residential amenity and natural assets

o Enabling more subdivision in Candelo and Kalaru village areas by reducing the minimum lot size for subdivision

o Streamlining construction and subdivision of multiple dwellings to encourage housing diversity, provide certainty, and avoid the need for complex staging of development under the existing provisions

o Enabling multi dwelling housing in most low density residential areas and villages to increase the diversity of housing

o Adding a new zone objective to the R2 Low Density Residential zone to encourage housing diversity that is appropriate to the detached character of the zone

o Adding a new Aim of Plan to facilitate housing diversity to meet the needs of the community

o Increasing supply of one and two bedroom units in multi dwelling housing, residential flat buildings and shop top housing developments to provide for the housing needs of current and future residents of the shire

o Increasing the supply of adaptable housing to provide a supply of dwellings that can be more easily and affordably retrofitted for accessibility in the future

· Development of planning proposal for Bega rezoning in progress. Community meeting held 11 December 2024. Specialist supporting studies are nearing completion and drafting of the planning proposal has commenced.

· Urban Renewal Project commenced, including investigations into land suitable for increased height and floor space ratio for all three town centres (Bega, Eden and Merimbula) and review of heights in Merimbula town centre. These investigations aim to open up opportunities for an increase in the supply of smaller strata dwellings in and around town centres, particularly in areas of existing/older separate housing as well as opportunities for shop top housing within town centres.

· Development of an Affordable Housing Contributions Policy and Scheme has progressed, with a Councillor workshop held in December 2024.

· Information submitted to Landcom Affordable Housing division for high level feasibility for affordable housing on a small number of Council-owned land parcels.

· Facilitated meeting between Landcom and Local Aboriginal Land Council CEOs to discuss opportunities for Landcom to support development of LALC land for affordable housing. Landcom is planning to visit the shire in early 2025 to progress this discussion with the LALCs.

· Planning Proposal to support Southern Cross Housing DA finalised and gazetted in record time.

· New KPIs drafted and discussed with AHIG at December 2024 meeting; awaiting further feedback before finalising and reporting to Council.

· Council resolution from November 2024 for CEO to work with NSW Crown Lands and any other necessary parties to ensure the urgent activation of the Nullica Lodge site in Eden, which may include a transition to other possible future tenants including an appropriate community management model. The resolution also noted that whilst undertaking work on activating the site, it will be understood that the outcome is for the best possible future community benefit with a desired focus on affordable seniors living and/or supported accommodation for those with a disability.

· Scoping of homelessness podcast underway with a suitable provider identified. Podcast aims to raise awareness of homelessness and break down stereotypes.

· Results of a room sharing study undertaken by Central Region Joint Organisations shared with CRJO and RDA NSW to consider a regional and/or state approach.

Key advocacy during this reporting period includes:

· Social and affordable housing advocacy included in LGNSW Annual Conference Motions and supported at the conference.

· Advice provided to DCJ on underutilised or vacant buildings that could be used for the delivery of housing and/or homelessness services. DCJ requested this following conversations at the South Coast Homelessness Collaboration Leadership Group (Homelessness Leadership Group), of which Council is a member.

· Meeting with Dr Holland, Mission Australia, SEWACS and Council arranged for January 2025 to discuss increase in homelessness and solutions to address this.

· Letters of support provided for grant applications for Mission Australia and Vinnies for homelessness outreach services.

· Grant opportunities and state government consultation on a new 10-year Homes for NSW Plan and Draft Homelessness Strategy 2025-2035 shared with AHIG.

KPI progress

A number of KPIs were adopted as part of the Affordable Housing Strategy. Staff have subsequently found that data is not available for many of the KPIs. A proposed new draft set of KPIs were discussed with the AHIG at the December 2024 meeting. Initial feedback is being incorporated, pending any further feedback being provided by the group. A final revised KPI list will be provided to Council for endorsement following final endorsement of the AHIG.

The below table reflects the original KPIs included in the Affordable Housing Strategy.

KPI	Progress from 1 July 2024 to 31 December 2024	Comments
1. Number of affordable rental dwellings for very low and low income households created as a result of partnerships between Council and Community Housing Providers and/or the private sector	0	SCH are looking at and in discussions regarding the possible use of properties outside of our portfolio for aged and affordable housing in the BVSC LGA. Conversations at this stage are still confidential but SCH is hopeful that an outcome will be resolved.
ii. Net change (loss/gain) in Social (Public and Community) Housing	SCH: There has been a slight increase for demand in the BVSC LGA over the past year seeing demand grow to 411 on the Social Housing waiting register. DCJ: updated data not available	Southern Cross Housing has lodged a DA for a site in Bega to provide 60+ social and affordable dwellings. The DA will be determined by the Southern Regional Planning Panel following Councils assessment and recommendation. A planning proposal to add an additional ‘permitted use’ has now been approved.
iii. Number of affordable rental dwellings for very low and low income households created through other agencies or mechanisms, including DCJ – Housing and local Community Housing Provider	Current SCH stock as at 31/12/24: - Social capital: 39 - Affordable: 1 - Social leasehold: 36 - Social owned: 11 - Social crisis: 10 DCJ: updated data not available	SCH social owned, crisis and capital remain the same as last year. Leasehold numbers have remained stable this year and at quota (‑1 that is being replaced soon), although securing new leasehold stock remains a challenge and expensive in the current market.
iv. Number of affordable housing dwellings for very low and low income renters and low income purchasers provided through the market	-	Data not readily available
v. Increase in supply of lower cost housing types/products created through the market	-	Data not readily available
vi. Reduction in local homelessness, including appropriate accommodation of people living temporarily with others, or living in inappropriate, unsafe or severely over-crowded accommodation	-	Data not readily available
vii. Reduction in the proportion of very low and low income households in housing stress	-	Data not readily available
viii. Retention of diverse income, age and employment groups in the LGA	-	Data not readily available

Group membership

Council resolved on 9 October 2024 to reappoint existing members to the new term of the implementation group, should they chose to stay on the group, as well as undertake a call out for new members. Former Councillor, Cathy Griff, requested to stay on the group as a community member. Council supported Cathy’s nomination at the 18 December 2024 Council meeting. No other applications to join the group were received, however group membership is strong with representatives from Mission Australia, SEWACS, Southern Cross Housing, Social Justice Advocates, Homes NSW, Department of Communities and Justice, and a number of community members with urban planning or other housing or planning related experience and qualifications. The group also has 2 Councillor representatives, is chaired by the Director Community, Environment and Planning, and Council’s CEO regularly attends.

History and previous reporting

The Bega Valley Shire Affordable Housing Strategy was adopted by Council in May 2022. It includes a commitment to report annually to Council and the community on progress against the strategies (actions) and KPIs adopted.

At the 21 September 2022 Council meeting, Council resolved to request 6 monthly reporting rather than yearly. This is the fifth 6 monthly report, including progress from 1 July 2024 to 31 December 2024.

Reports have been provided to Council as follows:

- Report 1 (May 2022 to 31 December 2022): 15 February 2023 (Item 8.4 at https://begavalley.infocouncil.biz/Open/2023/02/OC_15022023_AGN_851_AT_WEB.htm)

- Report 2 (1 January 2023 to 30 June 2023): 23 August 2023 (Item 8.5 at https://begavalley.infocouncil.biz/Open/2023/08/OC_23082023_AGN_857_AT_WEB.htm)

- Report 3 (1 July 2023 to 31 December 2023): 21 February 2024 (Item 8.1 at https://begavalley.infocouncil.biz/Open/2024/02/OC_21022024_AGN_1012_AT_WEB.htm)

- Report 4 (1 January 2024 to 30 June 2024): 14 August 2024 (Item 8.3 at https://begavalley.infocouncil.biz/Open/2024/08/OC_14082024_AGN_1053_AT_WEB.htm)

A report on advocacy was also provided to Council on 23 August 2023 (Item 8.4 at https://begavalley.infocouncil.biz/Open/2023/08/OC_23082023_AGN_857_AT_WEB.htm).

Options

It is recommended that Council note the progress made in implementing the Bega Valley Shire Affordable Housing Strategy in the period 1 July 2024 to 31 December 2024.

Community and Stakeholder Engagement

Engagement undertaken

The Affordable Housing Strategy was endorsed by Council in May 2022 following an extensive public consultation process.

The Affordable Housing Implementation Group (AHIG) was established after an open expression of interest (EOI) process with members appointed by Council at the September 2022 meeting.

The AHIG has met in October 2022, December 2022, March 2023, June 2023, September 2023, December 2023, March 2024, June 2024 and December 2024 (note: the September 2024 meeting did not go ahead due to caretaker).

Engagement planned

The AHIG meets quarterly in line with the Terms of Reference. As such, the next meeting is scheduled for March 2025.

Financial and Resource Considerations

There are no new financial or resource considerations based on the recommendations of this report, however it is important to note that some actions in the Affordable Housing Strategy will require specialist consultants which are not currently budgeted for. This will be reviewed annually during the Operational Plan and Budget process.

Council’s annual operational plan and budget includes facilitating the AHIG as a business as usual activity.

Legal /Policy

There are no new legal or policy considerations based on the recommendations of this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report aligns with Council’s adopted Affordable Housing Strategy and Community Strategic Plan:

· Strategy A6: Acknowledge and collaborate with local groups to advance local priorities – environmental impact, community infrastructure, housing and economic growth.

· Strategy A9: Collaborate with relevant agencies and the private sector to increase the diversity and affordability of new and existing housing, particularly to meet the needs of our ageing population.

Environment and Climate Change

There are no environmental or climate change impacts associated with the recommendations of this report.

Economic

There are no new economic impacts associated with the recommendations of this report.

Risk

There are no new risks associated with the recommendations of this report.

Social / Cultural

Having access to safe and affordable housing is a fundamental need that impacts on an individual’s ability to maintain employment, participate in society and form social connections.

There are no new social or cultural impacts associated with the recommendations of this report.

Attachments

1 ⇩. Affordable Housing Strategy Implementation Plan

Council 19 February 2025

Item 8.2

8.2. Reporting of minutes for committees with delegated authority and advisory committees

This report provides the adopted minutes for the Bega Eden Merrimans (BEM) Aboriginal Liaison Committee for June, August and October 2024, the Access and Inclusion Advisory Committee (AIAC) for May and August 2024, the General Community Hall Committee for June 2024, the Montreal Goldfield Committee for March and August 2024, and the Cemetery Advisory Committee for July 2024.

Director Community Environment and Planning

Officer’s Recommendation

That Council note the report and the minutes for:

· The Bega Eden Merrimans Aboriginal Liaison Committee for June, August and October 2024

· The Access and Inclusion Advisory Committee for May and August 2024

· The General Community Hall Committee for June 2024

· The Montreal Goldfield Committee for March and August 2024

· The Cemetery Advisory Committee for July 2024

Executive Summary

It is important to note that additional items may have progressed since the most recent meeting minutes were adopted.

Background

Committees of Council are established each term of Council and disbanded at the end of each Council term. On 11 January 2022 Council established various committees, groups and panels, following the 2022 Mayoral Election. These committees were re-established on 9 October 2024 following the 2024 local government election.

Committees of Council provide a mechanism for community involvement in the provision of Council facilities or services. There are three types of committee that may be established by a council: Committees of Council, which are comprised entirely of Councillors; Section 355 Committees, which are delegated under Section 355 of the Local Government Act 1993 to undertake certain functions of Council and may include community representatives, Councillors and/or members of Council staff; and Advisory Committees, which may be made up of community representatives, Councillors and/or members of Council staff, and provide advice to Council on relevant matters.

Each committee has guidelines that detail its roles and responsibilities, and where relevant, its delegated functions. All committees are obliged to observe Council’s adopted Code of Meeting Practice.

The committees, through Council officers, must make their agenda and minutes public, and report meeting minutes to Council periodically once adopted by the relevant committee. Agendas and minutes are published on Council’s website.

Relevant recommendations of Advisory Committees are reported to Council meetings, through Council officers, for consideration.

A brief outline of each of the committees included in this report is below.

Bega Eden Merrimans (BEM) Aboriginal Liaison Committee

The Local Aboriginal Land Councils and Bega Valley Shire Council have established the Bega Eden Merrimans (BEM) Aboriginal Liaison Committee as part of our commitment to work in partnership.

Committee members work together to achieve the objectives outlined in the Memorandum of Understanding as part of the journey of Aboriginal, Local Government and community reconciliation.

Access and Inclusion Advisory Committee (AIAC)

Over many years Council has supported an Access and Inclusion Advisory Committee (AIAC) as a mechanism to engage with people from diverse backgrounds and abilities to provide advice and guidance about accessibility issues across the Bega Valley Shire.

The AIAC assists Council to reduce barriers and improve access and inclusion to Council premises, public buildings and services for residents and visitors, including people with disability, older and frail people, parents with prams and other community members.

The General Community Hall Committee

The General Community Hall Committee is a strategic committee responsible for oversight of the management of Council’s 18 halls. Committee members manage the hall facility hire and work with Council to bring about improvements to the management of Council’s halls.

Montreal Goldfields Management Committee

The Montreal Goldfields Management Committee is responsible for the care and management of the Montreal Goldfields site. The committee plays a key role in conserving the environmental and cultural heritage of the site.

General Cemetery Advisory Committee

Council manages 14 cemeteries across the shire. The committee is comprised of a diverse membership who work in partnership with Council to bring about improvements to the management of Council’s cemeteries.

Options

There are no options associated with the recommendation of this report.

Community and Stakeholder Engagement

Engagement undertaken

Nominations for Council committees are sought in line with Council’s adopted Community Engagement Strategy and Community Engagement Toolkit. Engagement with the committees to date includes formal meetings and out of session correspondence to keep projects on track and ensure progress of key actions.

Engagement planned

There are no further engagement requirements associated with the recommendation of this report. Should any of the committees need to recruit additional members to fill vacancies, these will be advertised in accordance with the requirements of Council’s Community Engagement Strategy.

Meetings of each committee will continue to be held as per the terms of reference.

Financial and Resource Considerations

Council officer time is required to provide support to the committees as per committee guidelines which is part of the annual activities of Council. A small budget is included in the Operational Plan each year to cover room hire and other meeting costs. There are no additional financial or resource considerations associated with the recommendation of this report.

Legal /Policy

The Local Government Act 1993 provides for the establishment of advisory committees to support Council decision-making.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community representation on Council’s advisory committees supports the following elements of the Bega Valley Community Strategic Plan 2042:

6. Strong, Consultative Leadership

6.11 We are an informed and engaged community with a transparent, consultative and responsive Council

6.11.1 Improve communication about Council activities, decisions and achievements

Environment and Climate Change

There are no direct environmental or climate change implications associated with the recommendation of this report.

Economic

There are no direct economic implications associated with the recommendation of this report, however supporting the economic independence of the LALCs, ensuring infrastructure, services and programs are accessible, and maintaining and utilising our community assets such as halls, will have broader economic benefits for the community.

Risk

The establishment and operation of committees of Council are part of the regular business of Council. The recommendation of this report does not introduce any new risks to Council.

Social / Cultural

Council committees seek to provide a mechanism for interested community members to play an active role in advocating for change at a local level. Committees of Council are an instrument for facilitating open and transparent discussion about decisions made by Council and to contribute to a more socially and culturally cohesive Bega Valley Shire.

Attachments

1 ⇩. 2024.06.18 Bega Eden Merrimans Aboriginal Liaison Committee meeting minutes 18 June 2024

2 ⇩. 2024.08.14 Bega Eden Merrimans Aboriginal Liaison Committee meeting minutes 14 August 2024

3 ⇩. 2024.10.09 Bega Eden Merrimans Aboriginal Liaison Committee meeting minutes 9 October 2024

4 ⇩. 2024.05.21 Access and Inclusion Advisory Committee meeting minutes 21 May 2024

5 ⇩. 2024.08.13 Access and Inclusion Advisory Committee meeting minutes 13 August 2024

6 ⇩. 2024.18.06 General Community Hall Committee meeting minutes 18 June 2024

7 ⇩. 2024.03.15 Montreal Goldfield s355 Committee meeting minutes 15 March 2024

8 ⇩. 2024.08.15 Montreal Goldfield s355 Committee meeting minutes 15 August 2024

9 ⇩. S355 Cemetery Advisory Committee meeting minutes 16 July 2024

Council 19 February 2025

Item 8.3

8.3. 2022.352 Subdivision of land into 4 allotments - Lot: 21 DP: 843223 - 88 Kerrisons Lane BEGA

Director Community Environment and Planning

plicant	Caddey Searl & Jarman / TA Projects
Owner	Paul & Lisa Griffin
Site	Lot 21 DP 843223 – 88 Kerrisons Lane, Bega
Zone	R5 Large Lot Residential
Site area	5.386 hectares
Proposed development	1 into 4 lot subdivision

Precis

The development application is being reported to Council in accordance with Council Procedure 3.01.01, as staff are recommending a merit-based refusal of the Development Application.

The application seeks the subdivision of land into 4 allotments which proposes the construction of a new driveway intersection to service three of the allotments from Kerrisons Lane. After consideration of various amendments to the application and additional information submitted by the Applicant, Council’s assessment officers conclude that the intensification of development in this location cannot be supported as the location of the proposed new driveway intersection with Kerrisons Lane would result in unreasonable and unacceptable road user safety concerns and increased asset lifecycle cost issues.

The application is recommended for refusal.

Officer’s Recommendation

That Council:

1. Refuse Development Application 2022.352 for a 1 into 4 lot subdivision at Lot 21 DP 843223, 88 Kerrsons Lane, Bega for the reasons specified in the Draft Notice of Determination, provided as Attachment 2 to this report.

2. Notify the Applicant and Submitter of Council’s decision.

Executive Summary

The application is being reported to Council in accordance with Council Procedure 3.01.01, as a merit-based refusal of the DA is recommended by staff.

The proposal is for the subdivision of land into four allotments. The application is generally consistent with the provisions set out in Bega Valley Local Environmental Plan 2013 (BVLEP), Bega Valley Development Control Plan 2013 (BVDCP) and relevant State Environmental Planning Policies.

Early in the assessment process, concerns were raised with the applicant over the provision of a new driveway intersection to service the proposed new allotments from Kerrisons Lane. After reviewing various amendments to the application and additional information submitted by the applicant, Council’s assessing staff maintain concerns with the new driveway intersection location with Kerrisons Lane and cannot support the location due to road user safety concerns.

Background

The application was lodged with Council on 4 November 2022 under Clause 4.1(3) of the Bega Valley LEP 2013. All proposed allotments would meet or exceed the minimum lot size requirement for that location (being 1 hectare).

The application originally sought approval for Proposed Lots A and B via the site’s existing access driveway and Proposed Lots C and D would be via a new driveway access at the eastern most boundary point with Kerrisons Lane (See Figure 1).

A map of land with red lines

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Figure 1 – Originally submitted development plan

Concerns were raised with the applicants about the suitability of the proposed new driveway intersection for Proposed Lots C and D. Several requests for additional information were issued by Council assessing officers, seeking clarification of how the new intersection would provide safe access, including requests for sight distance surveys and traffic assessments. As part of the provision of additional information, the applicant provided amended plans and additional information regarding the proposed new driveway intersection for Proposed Lots C and D. The earlier responses to Council’s requests did not provide information to the level of detail, or by appropriately qualified professionals, as requested.

On 4 September 2023 the applicant amended the proposed subdivision plan slightly to seek a change to the proposed Lot C and D access point onto Kerrisons Lane (See Figure 2 - Amended submitted development plan).

A map of land with blue lines

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Figure 2 – Amended submitted development plan

The amended plan and information in support of the change did not adequately address road user safety concerns previously raised.

On 23 April 2024, the applicant further amended the plan that now proposes Lots B, C and D utilise a proposed new driveway intersection location onto Kerrisons Lane, including the extent of filling required to provide the internal access at grade to that intersection and the retention of the existing driveway to service Proposed Lot A (See Figure 3 – Current submitted development plan). This is the plan now before Council for consideration.

A map of a land with a road and trees

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Figure 3 – Current submitted development plan

At this point, the applicant also provided additional information to support the revised plan including more detailed analysis of sight distances along Kerrisons Lane and consideration of safety aspects with the new driveway intersection.

Description of the Site

Lot 21 DP 843223 – 88 Kerrisons Lane is a 5.38ha parcel of R5 zoned land located approximately 4 kilometres south of the Bega Town Centre. The site is irregular in shape and retains an existing dwelling and ancillary structures within the western portion of the site (See Figure 4 below).

Access to the dwelling is via an existing driveway off Kerrisons Lane. The site is described as having undulating topography, with the site generally clear of vegetation except for several mature native trees scattered over the site and planted trees around the existing dwelling. A drainage depression dissects the site, with a small dam located just north of the existing dwelling.

The immediate area accommodates similar sized allotments, with dwellings utilised for semi-rural/lifestyle purposes. Further to the west of the site are a number of industrial land uses including a waste transfer station, the Essential Energy Depot and the Bega Saleyards.

An aerial view of a land

Description automatically generated

Figure 4 – Site and Locality plan

Planning assessment

The proposal has been assessed in accordance with the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, including an assessment of compliance with the relevant provisions set out within the Bega Valley Local Environmental Plan 2013 (BVLEP) and Bega Valley Development Control Plan 2013 (BVDCP).

A full assessment of compliance with the relevant provisions is detailed in the Section 4.15 Assessment Report at Attachment 2.

Integrated Development – State Agency Approvals

The development application is deemed Integrated Development with approval required from the NSW Rural Fire Service, as subdivision of bushfire prone land is considered a Special Fire Protection Purpose under the provisions of the Rural Fires Act 1997.

The NSW Rural Fire Service has reviewed the latest subdivision layout and provided their Section 100B Bushfire Safety Authority General Terms of Approval (GTAs). A condition of consent requiring compliance with the Section 100B Authority would be required if the application was to be approved.

Advice was also sought from Essential Energy as to the potential impact on electricity infrastructure. No objections were raised by Essential Energy.

Bega Valley Local Environmental Plan 2013

The site is zoned R5 Large Lot Residential and the proposal is permitted with consent pursuant to Clause 4.1 - Minimum subdivision lot size of the Bega Valley Local Environmental Plan (BVLEP) 2013.

The objectives of the R5 zone are:

• To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

• To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

• To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

• To minimise conflict between land uses within this zone and land uses within adjoining zones.

The proposed size of allotments and their intended future use for residential purposes are generally consistent with the R5 zone objectives.

A full assessment of compliance with the relevant provisions of the BVLEP is detailed in the Section 4.15 assessment included as Attachment 2 to this report.

Bega Valley Development Control Plan 2013

The proposal has been assessed in accordance with the relevant provisions of the Bega Valley Development Control Plan (BVDCP) 2013, namely Sections 4 – Rural Development and Sections 5 and 6 relating to General Development and Engineering Requirements.

The revised subdivision layout has been assessed in accordance with all relevant Clauses and the general subdivision allotment layout and the location of future dwellings and associated works including effluent disposal and connection to services can meet the relevant provisions.

The reason this development application is being reported to Council with a recommendation of refusal is primarily due to the proposed creation of a new driveway intersection to service three of the allotments and the resultant potential adverse impacts on road user safety, which is discussed in more detailed below.

A full assessment of compliance with the relevant provisions of the BVDCP 2013 is detailed in the Section 4.15 Assessment Report included as Attachment 2 to this report.

Section 4.15 (1)(b) - The likely impacts of the development

Traffic impacts and road user safety considerations

Throughout the assessment process, Council’s assessing officers have raised concerns with the location of the proposed new driveway intersection off Kerrisons Lane and noted the opportunities to consider utilising an improved intersection design at the existing access point (proposed to be retained for the existing dwelling on-site).

Independent to the consideration of this development application, Council commissioned a Road Safety Audit of Kerrisons Lane in January 2024. The Road Safety Audit, prepared by Stantec Australia Pty Ltd, noted an unsafe embankment at the proposed eastern driveway access location and recommended the curve where the new driveway is proposed be added to Council’s guardrail program. The audit also highlighted that vehicles approaching from the west are likely to navigate these curves at unsafe speeds.

Approving a new access in this location would inhibit Council’s ability to follow the recommendations of the road safety audit. The applicant has suggested an opening could be included in the future guardrail, however this has the potential to introduce unintended safety risks, increase maintenance costs for Council and is not considered good practice for a greenfield site.

The existing access proposed to be retained may provide compliant site distance in both directions with some vegetation removal required in the wide road reserve to the east. This access point is situated on a section of road where the downgrade approach is on a straight and the curved approach is on the upgrade, reducing approach speeds.

The applicant identified issues with the existing western access including sub-optimal driver observation angle. The applicant has not provided information demonstrating if/how the existing access could be suitably improved to facilitate access to the additional lots.

In considering the suitability of the proposed new eastern intersection driveway location, the applicant has demonstrated that the proposed eastern access can be located as to meet all key sight distance criteria (noting that the opportunity window where this can occur is small).

However, the proposed new access would increase the number of driveways along Kerrisons Lane. Kerrisons Lane represents a sub-arterial link (classified as a local collector road in Council’s road hierarchy) between the Princes Highway and Tathra Road (in particular to the South-East Regional Hospital). In line with a safe systems approach (and BVSC Specification D01 D1.22(5)) minimising the number of residential accesses is recommended.

It is acknowledged that individual mitigation strategies have been put forward by the applicant in an effort to address most of the above concerns. It is the judgement of Council assessing officers that the cumulative safety risks at the proposed eastern access point are still too great, and the additional access point is not supported not withstanding additional asset lifecycle costs that may arise with guardrail modification associated with the proponent’s access proposal.

Considering a safe systems approach, Council is open to the provision of access for allotments at the western end of the site, subject to justification and supporting detail from the applicant.

As discussed on-site with the applicant, there are a number of ways that the allotment layout can be arranged with the use of Clause 4.1B Lot averaging subdivision in Zone R5, Zone C3 and Zone C4 under BVLEP 2013 to provide varying allotment sizes to ensure suitable house sites that could also meet bushfire and effluent disposal requirements while minimising internal road construction and the extent of filling of land. A suitable design concept would need to be submitted and include works required to achieve suitable access at the western end as well as any required amended bushfire consideration dependent on lot layout changes.

Given the safety concerns identified by Council staff, it is considered that the development does not meet the required matters for a new intersection with the Council maintained road, as required under the Subdivision and Engineering provisions of BVDCP and therefore the applicant should not be supported.

Conclusion

Kerrisons Lane is considered a sub arterial road that directly links between two arterial roads being the Princes Highway and Bega-Tathra Road. Kerrisons Lane provides critical egress to the South East Regional Hospital from the southern part of the shire. In line with a safe systems approach and engineering best practice, property access points on this type of route should be minimised.

In addition, approving a new access in this location would inhibit Council’s ability to follow the recommendations of the road safety audit and including an access opening in guardrail is not considered good engineering practice for a greenfield development site such as the subject of this application.. The access as proposed sets a poor precedent for proper and orderly development of urban areas in the future and is it for this reason that Council’s assessing officers cannot support the proposed subdivision in its current form.

Options

The following options are available to Council, in its consideration of this matter.

1. Refuse the development application as recommended by staff in this report.

2. Defer consideration of the matter and request the applicant to fully investigate upgrading the existing access onto Kerrisons Lane to service all allotments, as previously suggested by Council staff.

3. Defer consideration of the matter and request a further report from the Chief Executive Officer detailing potential draft Conditions of Consent and relevant Section 4.15 Matters for Consideration that would enable approval of the Application.

Community and Stakeholder Engagement

The original subdivision layout plan was exhibited in accordance with Council’s Community Participation Plan from the 16 January 2023 until 31 January 2023.

During this engagement process, Council received 1 submission.

The issues raised in that submission have been detailed and addressed in the Section 4.15 Assessment Report, which is included as Attachment 2 of this report.

A full copy of the submission has been uploaded to the Councillor portal for information.

The key issues raised in submissions are outlined below for Council’s consideration, followed by staff comment.

Proposed new access

The submission identified concerns in relation to the location of a new access at the eastern extent of the site’s frontage to Kerrisons Lane noting existing concerns with the speed of vehicles at this location.

Staff comment: An independent Road Safety Audit report identifies the issues associated with this section of Kerrisons Lane and recommends the section of road be added to Council’s guard rail program. It is not considered that the creation of a new intersection with Kerrisons Lane servicing three allotments would be in the public interest given that the applicant has not suitably considered other options to mitigate the safety concerns identified with the creation of the proposed eastern intersection or if the existing access could be suitably utilised.

The proposed access arrangement would necessitate modification to the intended guardrail installation identified by the road safety audit that will increase asset lifecycle cost of the corresponding guardrail arrangements.

Removal of vegetation

The submission identified concerns with the removal of vegetation for the proposed new works.

Staff comment: The extent of required vegetation removal is minor when considered in respect of the type and quality of existing trees. It is considered that the extent of potential vegetation clearing is appropriate for servicing needs for the proposed development.

Financial and Resource Considerations

Assessing proposals for development is part of the regular business of Council and resourcing to undertake this function is included in Council’s adopted budget.Legal /Policy

Refusal of the development application could be subject to an appeal in the Land and Environment Court, which would have cost implications to defend Council’s position.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed development is consistent with the Bega Valley Local Strategic Planning Statement Planning Priority 11: Housing, residential land development principle 1 for Rural residential development.

Environment and Climate Change

The impacts of the development on the environment, including impacts on biodiversity and climate change, have been assessed and are detailed in the assessing officer’s Section 4.15 Assessment Report (see Attachment 2).

Economic

The impacts of the development on the economy are considered minor. The subdivision lot layout is consistent with the minimum allotment size for the site and is therefore considered to maximise the lot yield available for the site.

Risk

The assessment of development is a core function of Council. There are no material impacts on Council’s operations associated with refusal of the proposed development. Refusal of the development application could be subject to an appeal in the Land and Environment Court, which would have cost implications to defend Council’s position.

The assessment of this development application has considered the potential risk of creating a new access onto Kerrisons at a location identified in the BVSC Road Safety Audit that notes an unsafe embankment at the proposed eastern driveway access location and recommended the curve where the driveway is proposed be added to the guardrail program.

The adding of an opening to where a future guardrail is to be considered by Council has the potential to introduce unintended safety risks and is not considered good engineering practice for a greenfield site and would incur additional asset life-cycle cost of a modified arrangement to accommodate the proposed access.

Social / Cultural

The proposed subdivision of land is consistent with the Bega Valley Local Strategic Planning Statement by providing additional allotments for rural residential purposes by minimising additional service provision and expansion of the urban/bushland interface. The development would contribute to the availability of allotments that could accommodate for minor addition of housing types and sizes.

Adverse social impacts, in terms of the broader public interest, could be impacted if Council is not able to address the recommendations of a Road Safety Audit.

Attachments

1 ⇩. Attachment 1 - Proposed Development Plans

2 ⇩. Attachment 2 - Section 4.15 Assessment Report

3 ⇩. Attachment 3 - Draft Reasons for Refusal

Council 19 February 2025

Item 9.1

9.1. Request For Tender (RFT) 2324-086 Sewer Main Jetting & CCTV Services 2024-2027

This report outlines the evaluation of Request for Tender RFT 2324-086 Sewer Main Jetting and CCTV Services 2024-2027 and recommends rejecting all tenders and resubmission of RFT with amended requirements.

Director Assets and Operations

Officer’s Recommendation

1. That Council accepts the recommendations outlined in the attached Confidential Memorandum.

2. That Council rejects all tenders under clause 178 of the Local Government (General) Regulation 2021 and reissue to open market, subject to revision of included scope of works for jetting services only.

3. That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to tender RFT 2324-086.

4. That all tenderers be advised of Council’s decision.

5. That the CCTV services should continue to be managed internally, with the CCTV van and camera equipment renewed as needed.

Executive Summary

This report evaluates RFT 2324-086 which seeks appropriate tenders for carrying out jetting and CCTV camera inspections of pipework and completing a condition assessment of maintenance holes throughout the Bega Valley sewer network.

This work is required to comply with the Environmental Protection Agency Pollution Reduction Program (PRP100), ensure the network remains maintained for operational reliability, and accurately assess the system’s condition. By doing so, Council can optimise budget expenditure for repair and renewals, safeguarding both the environment and community.

Background

The now expired contract for jetting services was previously awarded under RFQ 2021-37. The contract was limited to jetting services and did not include CCTV camera operations, manhole condition monitoring, traffic control or customer notifications.

The additional services requested in RFT 2324-086 were previously and are currently performed internally by Council’s Water and Sewer Services CCTV team for the past 10 years. This tender sought to evaluate whether consolidating all services into a single contract could achieve cost savings as these works can be performed concurrently. Furthermore, with the CCTV van and camera equipment due for renewal, this option was explored before committing to the renewal program. Having now received the pricing for CCTV camera operations, manhole condition monitoring, traffic control or customer notification services, it is evident that no cost savings would be achieved and should the contract be let it would exceed the allocated budget (refer confidential memo for details).

Tenders were advertised via the VendorPanel eTendering system. Tenders were open from 11 June 2024 and closed on 2 July 2024. Six conforming tenders were received by the due date and a tender evaluation was carried out using a weighted scoring of 40% price and 60% non-price criteria.

Options

Staff have considered the options presented below:

1. Reject all tender submissions for RFT 2324-086, issue a new request for tender for sewer jetting services only, and commit to a renewal program for the CCTV van and camera equipment. Recommended

This option will continue to provide Council with the most cost-effective method and avoid the additional costs identified in the tender responses. This option is also low risk as Council has been successfully managing sewer jetting and CCTV services in this manner for the past 10 years. The current process has proven to be effective and reliable in maintaining the sewer network. By committing to a renewal program for the CCTV van and camera equipment, Council will ensure the continued delivery of high quality services and maintain the efficiency of its operations.

2. Award the contract to one of the tenderers to complete the contract for sewer jetting services, CCTV camera operations, manhole condition monitoring, traffic control and customer notifications. Not Recommended

After evaluation of the tender submissions received, it was determined that no cost savings would be achieved by a contract that combines all necessary services. Proceeding with this option would also increase the annual operational expenditure compared to how the works are currently being managed.

3. Do nothing. Not Recommended

Council has a responsibility as the local water utility for the operation and maintenance of the sewage network systems to meet health and environmental regulatory requirements. By doing nothing, Council would have no method to complete jetting services across the sewer network. This would lead to significant risks such as an increased likelihood of sewerage spills caused by blockages, non-compliance with regulatory standards, and a shortened lifespan of critical infrastructure.

Community and Stakeholder Engagement

Stakeholder Group	Internal/External	Level of Engagement
Water and Sewer Services – Assets Water and Sewer Services – Maintenance Water and Sewer Services – Network Operations Water and Sewer Services – Treatment Operations	Internal Internal Internal Internal	Involve Involve Inform Nil (no impact)
Environmental Protect Agency	External	Involve
General Public	External	Inform

Engagement undertaken

Internal stakeholders as specified above have been involved in developing and reviewing the jetting and CCTV program to determine the requirements to ensure the sewer network is maintained for reliable service. This program was presented to the Environmental Protection Agency (EPA) for review and approval which was received.

Engagement planned

Prior to and during execution of the jetting and CCTV works, the general public in the affected areas receive notification via social media posts. Additionally, residents will be contacted via letter drop prior to any disruptive activities once specific dates are known.

Financial and Resource Considerations

Item	$ Excl GST
Expenditure Detail
Contract price	Refer to Confidential memo
Total Expenditure	Refer to Confidential memo

Source of Funds
Water and Sewer Services – Sewer Fund	Refer to Confidential memo
Total income available	Refer to Confidential memo
Project Funding Shortfall	Refer to Confidential memo

Legal /Policy

The tender process complied with Section 55 of the Local Government Act 1993, part 7 of the Local Government (General) Regulation 2021 and Section 171 of the Local Government Regulations.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Maintaining this existing service is related to the following actions and activities contained within Council’s Delivery Program 2022-25 and Operational Plan 2024-25 respectively:

DP C.1.1 Operate a contemporary local water utility that enables sustainable development, supports social wellbeing and protects the environment.

OP C.1.1.2 Operate and maintain water supply and sewage network systems to meet health and environmental regulatory requirements and level of service objectives.

Environment and Climate Change

The recommendation to reject current tenders and choose a more economical means of completing the Sewer Network Jetting and CCTV inspection program is required. By proceeding with the tender responses as presented there is a strong risk that the BVSC Sewer fund will have insufficient funds to complete all jetting and camera operations to meet the EPA PRP100 and BVSC Strategic Plan. This would increase the risk of sewer spillage endangering both land and marine environments.

Economic

Selecting the correct service provider under a clear and concise contract for services is crucial to ensure the services are completed to the required standard and within available budget. All tender responses exceeded the current operational budget allocation for these services; with the lower cost responses carrying substantial variations charges and the fully compliant responses being well above current budget.

Additionally, the inclusion of the additional services deterred Council’s previous contractor and local suppliers from tendering. A contract for jetting services only would attract more local contractors, stimulating the local economy.

Risk

By proceeding with the tender responses as presented there is a strong risk that Council’s sewer fund will have insufficient funds to complete all jetting and camera operations to meet the EPA PRP100 and Council’s Strategic Plan. Not completing this work, or doing a reduced amount of work, would increase the risk of not meeting health and environmental regulatory requirements and lead to significant risks to the environment such as sewerage spills.

Social / Cultural

The purpose of the sewer jetting and CCTV services has a positive impact on Bega Valley residents and environment as it serves to prevent sewer spillage caused by blockages and maximise the network service life through maintenance thus minimising capital expenditure.

Attachments

1 . RFT 2324-086 Sewer main jetting & CCTV services confidential memorandum (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Although the above relates more explicitly to the discussion of closed business, it also forms part of the basis of justification as to why information relied upon in informing the public decisions made by Council are kept confidential. To consider this confidential material in open Council would be, on balance, contrary to the public interest (as defined in Section 14 of Government Information Public Access (GIPA) Act 2009) as it would potentially disclose private business information provided by tenderers in a confidential tender process and would also impact Council’s position in relation to its consideration, therefore impacting the tender process. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details of individual tenderers.

2 . RFT 2324-086 Price breakdown (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 19 February 2025

Item 10.1

10.1. Report on implementation of Council's Operational Plan

This report provides Council with a status update on the progress of delivering the 2024-25 (FY2025) Operational Plan.

Director Business & Governance

Officer’s Recommendation

That Council:

1. Receive and note the 2024-25 Operational Plan progress report for the period 1 July 2024 to 30 December 2024

2. Publish the attached progress report and corporate measures on Council’s website.

Executive Summary

At 30 December 2024, 83% percent of the 2024-25 Operational Plan activities were listed as completed or on track. Fourteen percent (14%) of activities were identified as off track and 3% of activities were withdrawn, largely due to resourcing challenges and reprioritisation of projects.

Background

The purpose of the Operational Plan reviews is to track the progress of activities outlined in Council’s adopted 2024-25 Operational Plan.

A detailed update of the status and achievements for our Operational Plan activities has been organised by Community Strategic Plan outcomes and is provided in Attachment 1 to this report.

A range of corporate measures are recorded for analysis and reporting purposes. Attachment 2 provides several highlights captured for the July to December 2024 period.

Options

There are no options presented for this receive and note report on the Operational Plan progress update.

Community and Stakeholder Engagement

Development of the Operational Plan and budget each year includes regular community engagement. Reporting at six monthly intervals provides accountability towards achieving the plan.

Publishing this report supports information being made available to the public regarding progress. The Business and Governance team utilise support from the Communication and Engagement team to develop rolling media coverage of Integrated Planning and Reporting across all platforms and social media posts on Council’s Facebook page.

Engagement undertaken

Hardcopies of our Integrated Planning and Reporting documents are available to view at Council’s Bega office as well as Council’s libraries at Bega, Bermagui, Eden and Tura Beach. All adopted documents and progress reports can be found on Council’s website.

Engagement planned

Attachment 1 and 2 of this report are recommended to be published and made available on Council’s website. They will also become an attachment to Council’s annual report that is required to be submitted to the Office of Local Government by 30 November each year.

Financial and Resource Considerations

Fulfilling the requirements of Integrated Planning and Reporting Framework outlined in the Local Government Act 1993 is delivered as an operational function within the Business and Governance directorate.

Legal /Policy

Chapter 13 of the Local Government Act 1993 requires Council to report half yearly on the status of delivering the Operational Plan.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The 2024-25 Operational Plan was developed to align with the adopted Community Strategic Plan 2042, Delivery Program 2022-25 and Resourcing Strategy 2022-25 including the Long-Term Financial Plan. Progress reporting is a business-as-usual activity within the Corporate Planning service area.

Environment and Climate Change

There are no direct environment or climate change implications associated with this report.

Economic

Council and its expenditure have a significant economic impact in the Bega Valley. The preparation and publishing of our progress towards the implementation of the annual Operational Plan provides a line of sight between funding (budget) and delivery (operational plan actions) informing our community on Council’s contribution and commitment as a provider of a variety of public services.

Risk

Preparation of this Operational Plan progress update has not identified any significant strategic risks associated with delivery of our programs, projects and services. Operational risks that have the potential to impact delivery of our Operational Plan actions are managed by the leadership group and considered at weekly and monthly meetings, including appropriate risk mitigation and management actions.

Social / Cultural

The receive and note recommendation of this Operational Plan progress report does not have any negative social or cultural impacts. Associated funding and adjustments to the budget for delivery of our various services are reflected in the notes provided by responsible officers.

Attachments

1 ⇩. Operational Plan Progress Report 1 July to 30 December 2024

2 ⇩. Progress Report Corporate Measures July to Dec 2024

Council 19 February 2025

Item 10.2

10.2. Objections to proposed telecommunication lease - Lawrence Park, Tathra

This report details the objections received following the advertisement of the proposed lease with NSW Telco Authority on part Lot 1 DP 1125988 at Lawrence Park, Tathra as part of the Critical Communications Enhancement Program.

Director Business & Governance

Officer’s Recommendation

1. That the NSW Telco Authority be advised Council does not support the proposed lease of part Lot 1 DP 1125988 at Lawrence Park, Tathra, due to the significant objections received from residents of Tathra.

2. That Council Officers continue to work with the NSW Telco Authority to explore the feasibility of alternative Council-owned locations in Tathra and the surrounding areas, as noted within this report.

Executive Summary

The NSW Telco Authority (NSWTA) requested Council approval to lease part of Lot 1 DP 1125988 at Lawrence Park, Tathra, for the installation of a 25-metre pole, equipment shelter, and a fenced compound as part of the NSW-wide Critical Communications Enhancement Program (CCEP). Council approved a five-year tenure, subject to NSWTA making their own enquiries regarding development approval for the proposed use of the land and an appropriate advertising process.

In accordance with section 47A(2) of the Local Government Act 1993 (NSW) (LG Act), the proposal was advertised, and notifications were sent to all adjacent and adjoining landowners. As a result of this notification process, objections were received. This report details the objections and seeks Council’s direction on how to proceed.

Background

The proposal to install a 25-metre pole, equipment shelter and fenced compound at Lawrence Park, Tathra, is part of the CCEP aimed at expanding and enhancing the public safety network to improve critical communications for emergency service organisations.

Council resolved at its Ordinary Meeting of 16 October 2024, when considering the NSWTA proposal as follows:

1. That Council receive and note the report.

2. That subject to the NSW Telco Authority making its own enquiries in relation to development approval for the proposed use of the land, Council approves tenure of five-years to the NSW Telco Authority for a lease of part Lot 1 DP 1125988 at Lawrence Park, Tathra for an annual market rental as determined by a registered Valuer.

3. That the NSW Telco Authority will be responsible for covering all costs incurred by Council or its legal representatives related to the preparation and registration of the lease.

4. That Council authorises the Chief Executive Officer and Mayor to execute all necessary documentation to provide the tenure.

Following the resolution, the proposal was advertised in accordance with section 47A(2) of the LG Act. The advertisement ran from 4 November 2024 to 4 December 2024. One objection was received. Additionally, a petition with 84 signatures was received and presented at Council’s Ordinary Meeting on 18 December 2024.

The objection raised several questions, which were forwarded to NSWTA for further information. Their responses are outlined below. A copy of the objection is also attached for the information of Councillors.

· Question: Will there be any noise associated with the telecommunications pole/infrastructure? Has there been an assessment of similar poles for noise production?

NSWTA response: There would be minimal noise when the air conditioner runs for a short period of time as it reaches a certain temperature (potentially a couple of hours during daytime). The pole itself does not produce any noise.

· Question: Can you please confirm what will be stored in the equipment shelter?

NSWTA response: The shelter will house radio base station, DC power system, and batteries.

· Question: Does any of the equipment require heating or cooling?

NSWTA response: Cooling is required to keep the equipment room below a certain temperature.

· Question: Will there be any air conditioning units operating? If so, what hours per day?

NSWTA response: The shelter is equipped with passive cooling through a DC fan to maintain the internal temperature. The air conditioner will only activate when the temperature reaches a specified threshold.

· Question: Does any of the equipment require a generator? If so, what hours per day?

NSWTA response: A generator will be required only in the event of an emergency, such as during an extended power outage.

· Question: Will there be any lighting attached to the shelter and/or the fenced compound?

NSWTA response: A motion activated DC light is attached to the shelter for nighttime access. It is proposed to have a fenced compound for security as this facility is providing radio coms to the emergency services agencies.

· Question: Will there be any traffic at odd times of the day, such as evenings, nights etc?

NSWTA response: This is not anticipated, except in the event of an emergency.

· Question: Will there be any interference to internet service, digital tv service, mobile phone services?

NSWTA response: No

· Question: Has there been any assessment of health impacts from such installations so close to residential areas?

NSWTA response: The proposed NSWTA installation is fully compliant with ARPANSA standards and is registered in RFNSA. There are no health impacts associated with this installation.

The petition outlined four areas of concern: community disruption, negative residential impact, access and an inadequate plan, which formed the basis for the objection. A copy of the petition is attached for the information of Councillors.

As outlined in the attached report to Council from 16 October 2024, NSWTA explored several alternative locations in Tathra and surrounds and advised Council officers that none were suitable for the reasons outlined in the table below.

Candidate

Candidate details

Lot 1 DP1125988

Car park overflow area at Lawrence Park, off Bega Street, TATHRA NSW 2550

Proposed (prime) candidate.

Greenfield site – installation of a 25m pole and equipment shelter within a new fenced compound.

Optional pole colour consultation to mitigate any visual impacts and make the slimline pole fit in with the existing trees. Lease over five years requires subdivision and survey work.

Lot 1 DP502253

RFS site

146 Bega Street, TATHRA NSW 2550

Greenfield site – installation of a 35m pole and equipment shelter within a new fenced compound.

Discounted due to insufficient space, expected impacts to underground services, and the removal of trees up to 30m tall to allow for an Asset Protection Zone. This site would be visually intrusive to surrounding residents.

Lot 285 DP715723

Water Reservoir

Tathra Bermagui Road, MOGAREEKA NSW 2550

Unsuitable as it is located too far north and would not meet emergency services network coverage requirements along the Wild Horse Bay coastline to the south.

Lot 253 DP715722

Water Reservoir

Thompson Drive, TATHRA NSW 2550

Unsuitable as it does not meet emergency services coverage requirements.

It is also discounted due to expected impacts to underground services and limited space restrictions caused by a power easement.

Given the significant objections expressed by the residents of Tathra, Council officers are recommending that the proposed telecommunications lease at Lawrence Park not proceed.

Options

The options available to Council are:

1. Resolve not to support the proposed lease of part Lot 1 DP 1125988 at Lawrence Park, Tathra, due to the significant objections received from residents of Tathra. Recommended.

2. Resolve to proceed with the proposed lease of part Lot 1 DP 1125988 at Lawrence Park, Tathra, and seek the Minister's consent to proceed. Not Recommended.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have had ongoing engagement with the NSWTA regarding the proposal. Lawrence Park Sporting group users have also been consulted, and Council officers have advised that written approval for the proposed co-location is required before progressing further.

As outlined in the background section of the report, Council officers have also explored alternative site locations around Tathra on Council-owned operational land.

The proposal was advertised in accordance with section 47A(2) of the LG Act from 4 November 2024 to 4 December 2024, during which one objection and a petition with 84 signatures were received.

Engagement planned

If Council decides not to support the proposed lease of part Lot 1 DP 1125988 at Lawrence Park, Tathra, due to the significant objections received from residents, Council officers will notify the NSWTA of the outcome. Those who made an objection will also be informed.

Council officers will continue to work with the NSWTA on an alternative Council-owned operational land option to ensure the proposal can proceed in some capacity.

If Council decides to proceed with the proposed lease of part Lot 1 DP 1125988 at Lawrence Park, Tathra, Council must obtain the Minister's consent to enter into the lease, as a submission was made by way of objection.

Financial and Resource Considerations

Council officers will need to allocate time to discuss the outcome of the report with the NSWTA and those who made an objection.

If Council decides to proceed, officers will need to obtain the Minister's consent to enter into the lease, conduct a request for quotation process to engage a registered valuer to prepare a market rental valuation for the lease and a registered surveyor will need to prepare the necessary lease plan, which NSWTA will be required to fund.

Additionally, NSWTA will be responsible for covering the costs incurred by Council or its legal representatives in relation to the preparation of the lease. These costs will include any work completed beyond the initial preparation of the document, should amendments be required or further negotiations become necessary.

Legal /Policy

In accordance with section 47A(2) of the LG Act, Council officers must complete the following for leases of community land with a term of five years or less:

(a) the proposal must be notified and exhibited in the manner prescribed by section 47, and

(b) the provisions of section 47(3) and (4) apply to the proposal, and

(c) on receipt by the council of a written request from the Minister, the proposal is to be referred to the Minister, who is to determine whether or not the provisions of section 47(5)–(9) are to apply to the proposal.

If the Minister determines that the provisions of section 47(5)–(9) are to apply:

Council, the Minister, and the Director of Planning are to deal with the proposal in accordance with the provisions of section 47(1)–(8) of the LG Act.

Section 47(9) of the LG Act will apply with respect to the Minister’s consent.

Section 47(5)(a) of the LG Act states that Council must not grant the lease, licence, or other estate except with the Minister’s consent if a person makes a submission by way of objection to the proposal.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program 2022 - 2025: E5.5 - Develop and manage Council’s owned and managed land portfolio.

Environment and Climate Change

There are no environment or climate change matters associated with the administrative proposed granting of a lease.

If the lease is granted, the NSWTA will determine this proposal under Part 5 of the Environmental Planning and Assessment Act 1979 (NSW).

Economic

The proposed lease would provide economic benefits to both Council and the community as the annual rental income would help fund maintenance and upkeep of community land, particularly Lawrence Park in Tathra.

Risk

Regulatory and statutory compliance is defined as a strategic risk for Council. The issue of rising administrative complexity and cost of continuous change with increasing and competing statutory and regulatory compliance regimes remains an ongoing challenge for Council.

Ensuring occupation of Council-owned community land is authorised by way of a formal tenure arrangement that contains the appropriate indemnity and insurance clauses necessary to reduce risks associated with regulatory and statutory compliance with legislation is a key risk control for Council.

There are reputational risks associated with how Council responds to the objection and petition. Therefore, Council officers have recommended not proceeding with the proposed lease and instead continue to work with NSWTA on an alternative Council-owned operational land option, as previously identified.

If Council resolve not to move forward with the lease, there is a risk that the equipment will not be installed in Tathra, which could negatively impact the community. This risk will be mitigated by Council staff working with NSWTA on an alternative Council-owned operational land option, as previously identified.

Social / Cultural

The CCEP aims to expand and enhance the public safety network to improve critical communications for emergency services organisations. Therefore, Council officers suggest continuing to work with the NSWTA on an alternative Council-owned operational land option to ensure the proposal can proceed in some capacity.

Attachments

1 ⇩. Council report dated 16 October 2024 - Proposed telecommunication lease - Lawrence Park, Tathra

2 ⇩. Objection regarding proposed occupation of Lawrence Park, Tathra by NSWTA

3 ⇩. Petition regarding proposed occupation of Lawrence Park, Tathra by NSWTA

Council 19 February 2025

Item 10.3

10.3. Road Closure - DA 2020.310 at Boydtown

This report requests Council's approval to proceed with a road closure application under the Roads Act 1993 (NSW) after receiving an objection.

Director Business & Governance

Officer’s Recommendation

1. That Council considers the objection received concerning the partial closure and reopening of the Council public road reserve, as illustrated in the diagrams in the background section of the report to Council dated 14 August 2024.

2. That Council approves proceeding with the road closure proposal in accordance with Section 38D of the Roads Act 1993 (NSW).

Executive Summary

Council approval is being sought to progress a road closure application under the Roads Act 1993 (NSW) (Roads Act) following the receipt of an objection. This report outlines the basis of the objection, provides further context for the road closure and reopening, and seeks Council approval to proceed in accordance with the Roads Act.

Background

Council considered a request to commence the road closure assessment process for Ben Boyd Parade in Boydtown at its Ordinary Meeting of 14 August 2024 and resolved as follows:

1. That Council approves, in principle, the part closing and part reopening of Council road reserve shown in the diagrams in the background section of the report to Council dated 14 August 2024.

2. That Council commences assessment of the road closure application under Division 3 of the Roads Act 1993 (NSW) and that the proposal be publicly advertised for a period of 28 days.

3. That if any objections are received, a further report be prepared for Council’s consideration.

4. That if no objections are received, Council, by notice published in the Government Gazette, formally close the public road reserve concerned.

5. That the Chief Executive Officer and Mayor be authorised to execute the necessary documentation to affect the road closure and subsequent land swap with the applicant for the creation of a new Ben Boyd Parade, Boydtown road reserve for nil compensation.

6. That all costs associated with the road closure/opening process be borne by the applicant.

In accordance with the Roads Act, the proposal was publicly advertised and one objection was received. This objection raised concerns about negative impacts on local traffic, property access, and setting a precedent for future road closure applications. A copy of the objection is attached for the information of Councillors.

The road closure and reopening request was received following ongoing discussions associated with a development application (DA2010.310) for a residential subdivision currently under assessment. The proposed closure aims to meet NSW Rural Fire Service access requirements and maintain bushfire access within private ownership, ultimately reducing the maintenance burden on Council.

The section of road being permanently closed is part of Ben Boyd Parade, approximately 740 metres east of the Princes Highway in Boydtown. This section of road is not formed, and as part of the assessment process, Transport for NSW has advised that there is to be no direct access via Ben Boyd Parade and the Princes Highway. To meet NSW Rural Fire Service access requirements, an access trail from Ben Boyd Parade to Boydtown Park Road will be used as a secondary access/egress point for emergency vehicles and evacuating residents. This will be contained within private land and will not be a public access route. A reopened section of Ben Boyd Parade southeast of Juno Drive will be dedicated to Council as a public road once built to Council standards.

The diagram below outlines indicative sections of road proposed for closure and reopening. A formal survey will be required as part of the road closure process.

A map of a road

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Figure 1: Diagram outlining indicative sections of road proposed for closure and reopening.

Options

The options available to Council are:

1. Approve proceeding with the road closure proposal to partially close and reopen Ben Boyd Parade, Boydtown as part of a land swap arrangement. Recommended

2. Not support the proposed road closure noting that this option may result in DA2010.310 for a residential subdivision not proceeding due to the NSW Rural Fire Service bushfire access requirements being unachievable.

Community and Stakeholder Engagement

Engagement undertaken

Council’s planning officer has conducted an in-depth consultation process with the applicant for DA2010.310, NSW Rural Fire Service and Transport for NSW to find an acceptable performance solution for all stakeholders.

In accordance with section 38B of the Roads Act, notification of the proposal to close a Council public road was published on Council’s website, a letter was provided to all owners of land adjoining the road, and all notifiable authorities were provided notice of the closure as prescribed by the Roads Regulation 2018 (NSW).

Engagement planned

Formal notification will be provided to the applicant and objector to inform them of the outcome following the Council resolution.

Financial and Resource Considerations

The applicant is responsible for all costs associated with the road closure application, subsequent transfer, their own and Council’s legal costs incurred (capped at $3,500) to finalise this matter.

The applicant has already paid Council’s road closure application fee of $2,900.

Legal /Policy

Under section 38D of the Roads Act, Council may decide to proceed with the proposal to close the road after considering any submissions, provided a formal objection has not been received from a notifiable authority.

If approval is granted to proceed with the proposed road closure, Council officers will publish a notice in the NSW Government Gazette, formally closing the surplus public road reserve. A plan of first title creation will be prepared and registered at NSW Land Registry Services, with the title transferred to the applicant.

The applicant will be required to execute a formal Deed of Agreement outlining all requirements, which also provides that upon transfer, the portion of the closed road will be consolidated with the applicant’s adjoining parcel of land.

Additionally, the applicant will be required to reopen a section of the road, which will be dedicated to Council as a public road once built to Council standards.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan Theme:

Our civic leadership – Local leadership is strong, consultative and responsive to our community’s needs.

Community Strategic Plan Strategy:

C.2 Ensure land use planning and resource use supports sustainable growth whilst protecting the quality of the natural environment and our rural landscapes

D.2 Provide infrastructure and services to meet the needs of residents in our towns, villages and rural areas

A.9 Collaborate with relevant agencies and the private sector to increase the diversity and affordability of new and existing housing, particularly to meet the needs of our ageing population

D.3 Improve the presentation, maintenance and physical accessibility of existing towns and villages

E.5 Council resources are managed in order to meet agreed service delivery standards and deliver value for money.

Delivery Program 2022 - 2025:

E5.5 - Develop and manage Council’s owned and managed land portfolio.

Core Business:

Manage Council’s property portfolio, acquisition and disposal of land and easements, road closures and road openings and any other land dealings ensuring Council’s legal obligations are met.

The proposed road closure and opening aligns with Council’s Road Closure and Private Sale Procedure 4.10.8 and meets statutory obligations under the Roads Act.

Environment and Climate Change

Environment and climate change impacts associated with the proposed road closure and opening will be assessed as part of DA 2020.310.

Economic

There are no additional economic impacts associated with the proposed road closure application that have not already been addressed in this report.

Risk

In determining its direction, Council should consider several risks associated with this matter including, but not limited to:

· Effective Civic Leadership – reputational risk in relation to the community's view if Council does not support the proposed road closure and reopening.

· Assets and Infrastructure – maintaining Council assets is a core function that Council cannot avoid, including the continuation of access for the community on the shire’s road network.

In accordance with Council’s road closure and private sale procedure, any road closure requires a formal process that ensures probity, due diligence, analysis of risk and other key issues.

Social / Cultural

There are no social or cultural matters associated with the proposed road closure.

Attachments

1 ⇩. Council report dated 14 August 2024 - Road Closure - DA 2020.310 at Boydtown

2 ⇩. Objection for proposed road closure DA 2020.310 at Boydtown

Council 19 February 2025

Item 10.4

10.4. Certificate of Investment January 2025

This report details Council’s cash and investments at 31 January 2025.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report on Council’s investment position at 31 January 2025.

2. That Council notes the certification of the Responsible Accounting Officer.

Executive Summary

I, Judy Jordan, as the Responsible Accounting Officer of Bega Valley Shire Council, hereby certify the investments listed in the attached reports have been made in accordance with Section 625 of the Local Government Act 1993 (the LG Act), clause 212 of the Local Government (General) Regulation 2021.

On 31 January 2025 the total capital value of cash and investments was $141,482,105.62 with 88% of Council’s investment portfolio directed to term deposits and the remainder held in cash deposit accounts. The following is investment information by fund:

Fund	January-2025 ($’000)
General Fund	49,665
Water Fund	27,259
Sewer Fund	64,558
TOTAL	141,482

All investments have been appropriately recorded in Council’s financial records, reconciled monthly.

Background

The Local Government Act 1993 and Local Government Regulation 2021 require that the Responsible Accounting Officer must present to Council monthly, the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.

Options

This is a receive and note report and does not require consideration of options for decision.

Community and Stakeholder Engagement

Engagement undertaken

There is no community or stakeholder engagement associated with the recommendation of this report.

Engagement planned

The investment details of Council are published in Council business papers and are publicly available at Council offices and on Council’s website.

Financial and Resource Considerations

A list of Council’s cash and investments held at 31 January 2025 is detailed below:

Table 1: Cash and Investments listing
Issuer	Rating	Type	Purchase	Maturity	Interest Rate (%)	Capital Value ($)
Commonwealth Bank (Operating cash account)	AA-	CASH	-	-	4.35	7,340,207.91
Commonwealth Bank (At Call cash account)	AA-	CASH	-	-	4.40	10,000,000.00
NSW Treasury Corporation (Strategic Cash Fund)	AA-	CASH	-	-	-	141,897.71
Westpac	AA-	TD	08/02/2022	10/02/2025	2.00	5,000,000.00
NAB	AA-	TD	25/09/2024	25/02/2025	5.00	5,000,000.00
Suncorp	AA-	TD	30/11/2023	11/03/2025	5.40	2,000,000.00
NAB	AA-	TD	11/03/2024	11/03/2025	5.07	5,000,000.00
ING Bank	A	TD	15/04/2024	15/04/2025	5.19	5,000,000.00
Australian Military Bank	BBB+	TD	31/03/2023	16/04/2025	4.50	3,000,000.00
Suncorp	AA-	TD	30/11/2023	13/05/2025	5.40	3,000,000.00
ING Bank	A	TD	28/05/2024	28/05/2025	5.27	3,000,000.00
ING Bank	A	TD	31/05/2024	30/05/2025	5.31	1,000,000.00
BankVic	BBB+	TD	28/06/2023	17/06/2025	5.65	2,000,000.00
Bank of Queensland	A-	TD	18/12/2024	18/06/2025	5.20	3,000,000.00
NAB	AA-	TD	29/07/2024	29/07/2025	5.30	2,000,000.00
Suncorp	AA-	TD	31/07/2023	31/07/2025	5.18	3,000,000.00
NAB	AA-	TD	31/01/2024	26/08/2025	4.95	3,000,000.00
BankVic	BBB+	TD	05/06/2024	05/09/2025	5.33	1,000,000.00
Westpac	AA-	TD	11/09/2023	11/09/2025	4.99	2,000,000.00
BankVic	BBB+	TD	29/07/2024	25/09/2025	5.30	2,000,000.00
Suncorp	AA-	TD	18/12/2024	15/10/2025	5.05	3,000,000.00
Westpac	AA-	TD	31/10/2023	31/10/2025	5.41	2,000,000.00
Westpac	AA-	TD	29/06/2023	25/11/2025	5.10	2,000,000.00
Suncorp	AA-	TD	28/11/2023	28/11/2025	5.38	3,000,000.00
Westpac	AA-	TD (G)	29/02/2024	16/12/2025	4.88	5,000,000.00
Bank of Queensland	A-	TD	11/01/2024	12/01/2026	4.85	2,000,000.00
NAB	AA-	TD	18/12/2024	14/01/2026	4.97	5,000,000.00
NAB	AA-	TD	28/01/2025	28/01/2026	4.90	2,500,000.00
Westpac	AA-	TD (G)	08/02/2024	09/02/2026	4.84	5,000,000.00
ING Bank	A	TD	11/03/2024	11/03/2026	4.85	5,000,000.00
NAB	AA-	TD	18/12/2024	15/04/2026	4.89	2,000,000.00
Westpac	AA-	TD	28/06/2024	28/04/2026	5.20	2,500,000.00
ING Bank	A	TD	25/09/2024	25/05/2026	4.53	5,000,000.00
Bank of Queensland	A-	TD	31/01/2024	26/05/2026	4.80	2,000,000.00
Bank of Queensland	A-	TD	28/05/2024	28/07/2026	5.00	5,000,000.00
ING Bank	A	TD	26/08/2024	18/08/2026	4.62	3,000,000.00
Westpac	AA-	TD	06/09/2023	07/09/2026	4.88	3,000,000.00
NAB	AA-	TD	26/11/2024	05/11/2026	4.80	3,000,000.00
Bank of Queensland	A-	TD	25/05/2024	26/11/2026	4.95	5,000,000.00
Hume Bank	BBB+	TD	26/08/2024	08/12/2026	4.55	5,000,000.00
Suncorp	AA-	TD	11/01/2024	11/01/2027	4.88	2,000,000.00
ING Bank	A	TD	25/09/2024	25/03/2027	4.50	2,000,000.00
Total Cash and Investments						$141,482,105.62

Table 2: Interest from Cash and Investments
Interest earned for January 2025	$554,076
Financial year to date interest earned	$3,776,046
Revised Budgeted interest for 2024/2025 financial year (QBRS Q2)	$4,000,000
Percentage of the 2024/2025 budget earned by Council	94%

Council’s investment portfolio is largely directed towards term deposits (88%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (12%).

The investments held by Council remain sufficiently liquid with 65% of investments maturing within the next 12 months.

Council’s cash and investment portfolio has a weighted average maturity of 284 days.

For the month of January, the cash and investments held by Council provided a return of 5.03% p.a. exceeding the RBA cash rate of 4.35%.

Council continues to utilise the platform Imperium Markets, to assist in conducting, managing, and reporting on Council’s investments. This provides an automated process of sourcing quotes and investing monies which is allowing Council to better address investment risks. Additional to the platform, Arlo Advisory provide investment advice on the surrounding market conditions and how Council can maximise returns within the Ministerial Order and Council’s investment policy.

Table 3: Investments by Fund $’000
Fund	November-2024	December-2024	January-2025
General Fund	54,848	51,728	49,665
Water Fund	25,447	27,140	27,259
Sewer Fund	63,058	64,308	64,558
TOTAL	143,353	143,176	141,482

Each Fund’s allocation can only be utilised for its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects.

Included in the General Fund investments are amounts that are externally restricted for specific purposes, i.e. contributions and unspent grants. In addition, there are amounts that are internally restricted by Council.

The value of outstanding government grant debtors on 31 January 2025 is $7,309,178 with $494,142 aged 4+ months. Council continues to work with our funding partners to reduce these debts.

Legal /Policy

Section 625 of the Local Government Act 1993 (LG Act) determines money may only be invested in a type of investment authorised by Order of the Minister for Local Government and published in the Local Government Gazette. The current Ministerial Order of Investment was published 17 February 2011.

Clause 212 of the Local Government (General) Regulation 2021 (LG Regulations) determines the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under Section 625 of the LG Act.

The report must also include a Certificate as to whether the investments have been made in accordance with the LG Act, LG Regulations and Council’s Investment Policy.

Council has an Investment Policy (policy number 6.07) adopted on 27 November 2024. The policy is reviewed every four years by Council and annually by Council officers.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report is provided in accordance with Council’s Community Strategic Plan (CSP), Delivery Program (DP) and Operational Plan (OP).

CSP Theme: Our civic leadership – Local leadership is strong, consultative and responsive to our community’s needs.

CSP Strategy: E.4 Council has robust financial management processes to ensure ongoing viability and value for money.

Delivery Program: E4.2 - Ensure Council’s revenue streams are maximised.

Operational Plan: Finance - core business: Manage Council’s borrowings and investments in accordance with council’s financial strategy.

Environment and Climate Change

Council considers the importance of environmental, social and governance factors in investment decision making.

As at 31 January 2025, Council’s investment portfolio included $10 million of green certified investments.

Economic

Council’s investment policy objective is to maximise returns by investing with the most favourable rate of return. Performance of investments are reported monthly, quarterly and annually.

Risk

Council policies have strict guidelines to reduce Council’s risk to capital. The following graphs provide representation of Council’s compliance to these measures.

Risk management means our investments are made giving regard to key criteria of counterparty, credit quality and maturity compliance.

At 31 January 2025, all cash and investments held are within the counterparty, credit quality and maturity policy limits.

Other legal instruments, such as the Ministerial Order referenced above, are also being used to mitigate financial risk.

Legend: Compliant Non-Compliant

Counterparty Compliance

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Credit Quality Compliance

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Maturity Compliance

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Social / Cultural

Maximising performance of returns enables the organisation to leverage additional funding received as a result of investment performance and use these towards community projects, programs and services.

Attachments

Nil

Council 19 February 2025

Item 10.5

10.5. Policy review schedule 2025

This report presents a proposed review schedule for Council policies in 2025.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and adopt the 2025 policy review schedule.

2. That Council undertake a formal review of its policies as per the proposed schedule.

Executive Summary

In accordance with Section 165 of the Local Government Act 1993 Council has the capacity to amend or revoke its policies. This report proposes a schedule of review for the currently adopted policies. New or amended policies will be incorporated into the proposed schedule. To facilitate the review a staggered approach has been recommended by allocating policies across 4 different batches. The detail for each batch is included within the attachment of this report.

Following the review and endorsement by Council, all draft policies will be placed on public exhibition for a period of 42 days to provide the community with an opportunity to make submissions on each policy before it is adopted.

Background

Local government policies are crucial for fostering a well-functioning, vibrant and responsive community. They enable a Council to identify and implement strategies to guide decision making to address local issues effectively.

Under the Local Government Act, councils and county councils are required to review their existing policies after each election to ensure the policies are relevant, effective and fit for purpose. If the policies are still required and the council proposes to adopt them with or without amendment, it must first exhibit the draft policy for a minimum period of 28 days. Council must also invite and allow submissions on the draft policies for a period of 42 days. So that a clear and consistent approach is taken, it is recommended to place draft policies on public exhibition for the full 42-day consultation period.

After considering submissions, councils may decide to amend the policy, adopt it without amendment, or not adopt the policy. Councils may also recommend for a policy to be revoked.

If a council decides to amend a draft policy, it may publicly exhibit the amended draft document. If the council believes the amendments are not substantial it may adopt the amended draft policy without further public exhibition.

To facilitate a thorough review of all Council policies, it is recommended they be organised into 4 batches.

The attached policy review schedule 2025 provides specific details about:

· dates the content of currently adopted policies will be reviewed

· dates the draft policies will be presented to Council for public exhibition

· dates the draft policies will be placed on public exhibition

· dates the final versions of policies will be presented back to Council for adoption.

Options

To complete the policy review, the following options are provided:

a. endorse the proposed schedule attached to this report – recommended, or

b. vary the proposed schedule, either by amending the timing or batches of policies reviews, or

c. place draft policies on public exhibition and if no submissions are received, adopt the policy, or

d. identify and revoke Council policies that will not require a review or future consideration for adoption and remove them from the proposed schedule, or

e. a combination of the above options b-d.

Community and Stakeholder Engagement

In accordance with Section 165 of the Local Government Act 1993, Council will place draft policies on public exhibition for a period of 42 days. Members of the community will be invited to make submissions on the draft policies during that period.

Submissions received during the consultation period will be considered before a final decision is recommended to adopt, amend or revoke each policy.

Engagement undertaken

Council’s leadership group, including the Chief Executive Officer (CEO), directors and managers were engaged during the preparation of the policy review schedule 2025.

Engagement planned

All draft policies will be placed on public exhibition for a period of 42 days. Draft policies will be exhibited on the ‘Have your say’ page on Council’s website. Draft policies will be placed on public exhibition the next working day after Council’s resolution to do so. Any policies where submissions are received will be presented back, with comments and proposed action to address the submission to Council before adoption, amendment or revocation.

Financial and Resource Considerations

There are no planned budget allocations or additional budget items required as a result of the recommendations of this report.Legal /Policy

The 2025 policy review schedule is presented to Council in accordance with Section 165 of the Local Government Act 1993. The schedule has been developed in accordance with Council’s currently adopted governance policy and procedures.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council uses 6 strategic principles to help guide its decisions. These principles are:

· Effective and efficient

· Equitable and inclusive

· Responsive

· Transparent

· Financial sustainable

· Accountable

Completing a review of its policies in accordance with the proposed schedule demonstrates the strategic guiding principles in the following ways:

· Efficient and effective
Adopting the review schedule and reviewing the policies provides a proactive way of improving service delivery by defining the scope of our services.

· Equitable and inclusive
Placing the draft policies on public exhibition encourages all stakeholders to participate in the review process.

· Responsive
Engaging with the community in relation to Council’s policies allows the organisation to identify ways of serving the community and will help improve performance of the council.

· Transparent
The proposed policy review schedule provides clear information to the community about the review process and how stakeholders can be involved in decision making of the Council.

· Accountable
The proposed policy review schedule demonstrates accountability by engaging both internal and external stakeholders in the review of the Council’s policies.

The review of policies in accordance with the attached review schedule also demonstrates Council is meeting its delivery program including item E8.1 ‘develop and implement good governance systems’.

Environment and Climate Change

Council officers will consider the impacts of each policy relating to the environment and climate change.

There are no negative impacts on the environment or climate change relating to the content of this report and its recommendations.

Economic

The review of individual policies will enable Council to consider the economic impacts of policy implementation. There are no economic risks relating to the task of reviewing policies or the recommendations of this report.

Risk

Failure to review its policies poses a legal risk relating to non-compliance with the Act. The recommendation to review Council policies in accordance with the attached schedule will mitigate the legal risk because it complies with Section 165 of the Local Government Act 1993.

There is also reputational risk that must be considered as part of this report. The proposed community engagement and consultation during the review process, and prior to adoption, amendment or revocation of local policies will mitigate reputational risks by ensuring members of the community are given the opportunity to participate in local policy and decision-making.

Social / Cultural

Public engagement and participation in matters that relate to matters such as council’s service delivery frameworks, representation and participation, regulation and enforcement and community well-being, supports a stronger voice in the development of local policies that achieve strategic outcomes for our community.

Attachments

1 ⇩. Policy review schedule 2025

Council	19 February 2025
*Item 8.1 - Attachment 1*	Affordable Housing Strategy Implementation Plan

Council	19 February 2025
*Item 8.2 - Attachment 1*	2024.06.18 Bega Eden Merrimans Aboriginal Liaison Committee meeting minutes 18 June 2024

Council	19 February 2025
*Item 8.2 - Attachment 2*	2024.08.14 Bega Eden Merrimans Aboriginal Liaison Committee meeting minutes 14 August 2024

Council	19 February 2025
*Item 8.2 - Attachment 3*	2024.10.09 Bega Eden Merrimans Aboriginal Liaison Committee meeting minutes 9 October 2024

Council	19 February 2025
*Item 8.2 - Attachment 4*	2024.05.21 Access and Inclusion Advisory Committee meeting minutes 21 May 2024

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

4 Public Forum – report by Mayor of deputations heard prior to the meeting

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Community, Environment and Planning

9 Staff Reports – Assets and Operations

10 Staff Reports – Business and Governance

11 Councillor Reports

12 Rescission/Alteration Motions

13 Notices of Motion

14 Questions with Notice

15 Questions without Notice

16 Confidential Business

Statement of Cessation of Live Streaming for the period of the Closed Session.

Statement of Re-Commencement of Live Streaming

17 Noting of Resolutions from Closed Session

18 Declassification of reports considered previously in Closed Session

Council	19 February 2025
*Item 8.2 - Attachment 5*	2024.08.13 Access and Inclusion Advisory Committee meeting minutes 13 August 2024

Council	19 February 2025
*Item 8.2 - Attachment 6*	2024.18.06 General Community Hall Committee meeting minutes 18 June 2024

Council	19 February 2025
*Item 8.2 - Attachment 7*	2024.03.15 Montreal Goldfield s355 Committee meeting minutes 15 March 2024

Council	19 February 2025
*Item 8.2 - Attachment 8*	2024.08.15 Montreal Goldfield s355 Committee meeting minutes 15 August 2024

Council	19 February 2025
*Item 8.2 - Attachment 9*	S355 Cemetery Advisory Committee meeting minutes 16 July 2024

Council	19 February 2025
*Item 8.3 - Attachment 1*	Attachment 1 - Proposed Development Plans

Council	19 February 2025
*Item 8.3 - Attachment 2*	Attachment 2 - Section 4.15 Assessment Report

Council	19 February 2025
*Item 8.3 - Attachment 3*	Attachment 3 - Draft Reasons for Refusal

Council	19 February 2025
*Item 10.1 - Attachment 1*	Operational Plan Progress Report 1 July to 30 December 2024

Council	19 February 2025
*Item 10.1 - Attachment 2*	Progress Report Corporate Measures July to Dec 2024

Council	19 February 2025
*Item 10.2 - Attachment 1*	Council report dated 16 October 2024 - Proposed telecommunication lease - Lawrence Park, Tathra

Council	19 February 2025
*Item 10.2 - Attachment 2*	Objection regarding proposed occupation of Lawrence Park, Tathra by NSWTA

Council	19 February 2025
*Item 10.2 - Attachment 3*	Petition regarding proposed occupation of Lawrence Park, Tathra by NSWTA

Council	19 February 2025
*Item 10.3 - Attachment 1*	Council report dated 14 August 2024 - Road Closure - DA 2020.310 at Boydtown

Council	19 February 2025
*Item 10.3 - Attachment 2*	Objection for proposed road closure DA 2020.310 at Boydtown

Council	19 February 2025
*Item 10.5 - Attachment 1*	Policy review schedule 2025

LGA	Staff hourly rate	Planning Proposal Type
LGA	Staff hourly rate	basic	standard	complex
Wingecarribee	$203	$20,000	$60,000	$100,000
Queanbeyan		$9,230	$27,700	$52,846
Snowy Monaro	$155	$12,800	$27,210	$42,030
Goulburn	$170	$8,110	$26,600	$46,500
Bega Valley	$164	$9,017	$26,068	$50,171
Eurobodalla*		$5,177	$10,184	$23,653
* plus $2,666 per amendment to planning proposal or review requested