1.

Apologies

That the apologies of Director, Infrastructure, Mr Ian Macfarlane, Director, Community, Environment and Planning, Mrs Emily Harrison and Director, Organisational Services, Mrs Iliada Bolton be noted.

2.

Confirmation of Minutes

151/25

RESOLVED on the motion of Crs O'Neil and Haggar

That the Minutes of the Ordinary Meeting held on 17 September 2025 as circulated, be taken as read and confirmed.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

6.1

Cruise Eden 20th Anniversary

152/25

RESOLVED on the motion of Crs O'Neil and Nadin

That Council congratulate and thank Cruise Eden staff, volunteers and the wider Eden community for 20 years of successful cruise visitation to the Sapphire Coast.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

8.1

Planning Proposal for Rural Residential Rezoning at Mount Darragh Road, Lochiel

153/25

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.    That Council resolve to support the planning proposal to rezone and amend the minimum lot size of the site at Mt Darragh Road (Lots 16, 17, 19 and 23 DP 1292533).

2      That Council endorse submission of the planning proposal (Attachment 1) and supporting information to the Department of Planning, Housing and Infrastructure requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

3.    That following Gateway Determination, the planning proposal be placed on public exhibition.

4.    That Council endorse, subject to the conditions of the Gateway Determination and providing no substantial changes to the planning proposal are required and no objections are received during exhibition, to progress the planning proposal to finalisation and gazettal without a further report to Council.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

8.2

Funding request for 'Building an Energy Transitions Roadmap' project Regional Circularity Cooperative

Cr Allen declared a pecuniary conflict of interest for item 8.2 Funding request for ‘Building an Energy transitions Roadmap’ project Regional Circularity Cooperative . Cr Allen advised his family supplies milk to Bega Cheese and have shares in the company. A signed declaration form was tabled by Cr Allen, he will leave the chamber and not vote.

02:08 pm     Cr Allen left the meeting.

A motion was moved by Crs O’Neil and Haggar

That Council provides a funding contribution of $15,000, split over two consecutive financial years, to the Regional Circularity Cooperative to support the Building an Energy Transitions Roadmap for the Bega Valley project, subject to the Cooperative’s grant application being successful.

A motion was foreshadowed by Cr Nadin

Agree not to fund the request, noting in-kind staff contributions will still be provided.

The motion was put to the vote and it was CARRIED

In favour:             Crs Daly, Fitzpatrick, Haggar, Mudaliar, Noble and O'Neil

Against:                  Crs Nadin and Porter

Absent:                    Cr Allen

154/25

RESOLVED on the motion of Crs O'Neil and Haggar

That Council provides a funding contribution of $15,000, split over two consecutive financial years, to the Regional Circularity Cooperative to support the Building an Energy Transitions Roadmap for the Bega Valley project, subject to the Cooperative’s grant application being successful.

In favour:             Crs Daly, Fitzpatrick, Haggar, Mudaliar, Noble and O'Neil

Against:                  Crs Nadin and Porter

Absent:                    Cr Allen

8.3

Updated adopted fees and charges for the sale of recycled brick and concrete aggregate

155/25

RESOLVED on the motion of Crs Fitzpatrick and Haggar

That Council:

1.    Endorses the proposed revision to the 2025-26 Fees and Charges for public exhibition in accordance with Section 610F of the Local Government Act 1993 (NSW).

2.    Places the revised Fees and Charges on public exhibition for a period of not less than 28 days, inviting public submissions during this time.

3.    Notes that if no submissions are received during the exhibition period, the revised Fees and Charges will be deemed adopted and will take effect from 19 November 2025.

4.    Notes a further report will be provided to Council for consideration should any submissions         be received during the exhibition period.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Movement of items 9.1 and 9.3 into closed session

156/25

RESOLVED on the motion of Crs Nadin and Allen

That item 9.1 Request for Quote (RFQ) 2425-11 Merimbula Ford Park Pavilion Design Consultancy and item 9.3 Request for Tender (RFT) 2425-108 George Brown Pavilion Upgrade update be moved into closed session to be dealt with in confidential business under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

9.1

Request For Quotation (RFQ) 2425-111 Merimbula Ford Park Pavilion Design Consultancy

This Item was deferred for discussion in Closed Session.

9.2

Request for Tender (RFT) 2425-027 West Kameruka Road  Disaster Recovery Funding Arrangements (DRFA) Restoration Works

157/25

RESOLVED on the motion of Crs Nadin and O'Neil

1.    That council accept the recommendations outlined in the confidential memo.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

158/25

RESOLVED on the motion of Crs Nadin and O'Neil

1.    That Council accepts the tender from John Michelin & Son Pty Ltd in relation to contract for the works described in Tender RFT 2425-027, in the amount of $192,914.00 (including GST), subject to variations and provisional sums.

2.    That authority be delegated to the Chief Executive Officer to:

        a.    Execute all necessary documentation.

        b     Approve contract variations up to the available allocated budget

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

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

9.3

Request for Tender (RFT) 2425-108 George Brown Pavilion Upgrade update

This Item was deferred for discussion in Closed Session.  

9.4

Draft Recreation Strategy Exhibition

A motion was moved by Crs Haggar and Daly

1.    That the attached draft ‘RecCreate – A Strategy for Recreation in the Bega Valley Shire’ is put on public exhibition for a period of not less than 21 days.

2.    That a further report be presented to Council following the public exhibition period, detailing         the outcomes of the exhibition and any recommended changes to the draft strategy.

A motion was foreshadowed by Cr Nadin

Take feedback from Councillors and amend the Strategy document prior to placing it on exhibition.

The motion was put to the vote and it was CARRIED

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Noble and O'Neil

Against:                  Crs Nadin and Porter

159/25

RESOLVED on the motion of Crs Haggar and Daly

1.    That the attached draft ‘RecCreate – A Strategy for Recreation in the Bega Valley Shire’ is put on public exhibition for a period of not less than 21 days.

2.    That a further report be presented to Council following the public exhibition period, detailing         the outcomes of the exhibition and any recommended changes to the draft strategy.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Noble and O'Neil

Against:                  Crs Nadin and Porter

9.5

Request to Waive Section 64 developer contributions for the Eden Men's Shed development

160/25

RESOLVED on the motion of Crs Nadin and Porter

That Council approve a waiver of one equivalent tenement (ET) in water and sewer Section 64 developer contributions for the development of the Eden Men’s Shed under, as proposed under Development Application 2024.306.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

9.6

Reporting of minutes for committees with delegated authority and advisory committees

161/25

RESOLVED on the motion of Crs Daly and Mudaliar

1.    That Council note the report and the minutes for the S355 General Community Hall Committee for June 2025, the S355 Montreal Goldfield Committee for May 2025 and the S355 Cemetery Advisory Committee for May 2025.

2.    That Council note the motion passed by the S355 General Community Hall Committee as outlined in the report and attached meeting minutes and consider halls as a desired location in developing a series of community engagement workshops.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

10.1

Refer Financial Statements for Audit

162/25

RESOLVED on the motion of Crs Nadin and O'Neil

Council resolve:

1.    That Council’s General Purpose Financial Report is prepared in accordance with:

a)    The Local Government Act 1993 (as amended) and the Regulations made thereunder; and

b)   The Australian Accounting Standards and professional pronouncements; and

c)    The Local Government Code of Accounting Practice and Financial Reporting; and

d)   Presenting fairly the Council’s operating result and financial position for the year; and

e)   Council’s accounting and other records.

2.    That Council’s Special Purpose Financial Reports are prepared in accordance with:

a)    NSW Government Policy Statement “Application of National Competition Policy to Local Government”; and

b)   Office of Local Government Guidelines “Pricing and Costing for Council Businesses: A Guide to Competitive Neutrality”; and

c)    The Local Government Code of Accounting Practice and Financial Reporting; and

d)   The Department of Water and Energy Best Practice Management of Water Supply and Sewerage Guidelines.

e)   Presenting fairly the operating result and financial position for each of Council’s declared Business Activities for the year; and

f)    Council’s accounting and other records.

3.    That the signatories be required to confirm they are not aware of any matter that would render the reports false or misleading in any way and include such information in the statement.

4.    That Council authorises the Mayor, Deputy Mayor, Chief Executive Officer and the Responsible Accounting Officer to execute the statement required by Section 413(2)(c) of the Local Government Act 1993.

5.    That Council endorses the referral of General Purpose Financial Report and Special    Purpose Financial Reports to Council’s Auditor for audit.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

10.2

Related Party Returns and Annual Disclosures by Councillors and Designated Persons 2024/2025

163/25

RESOLVED on the motion of Crs Nadin and Porter

That Council note the report on the lodgement of Related Party Returns and Annual Disclosures by Councillors and Designated Persons for the period ending 30 June 2025.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

10.3

Code of Meeting Practice

A motion was moved by Crs Porter and Nadin

1.    That Council endorse the draft Procedure 6.02.02 Code of Meeting Practice (Attachment 1 to         this report) for public exhibition for a period of at least 28 days, with submissions to be         received for 42 days with the addition of the below supplementary provision being included         as Clause 17.21:

        Where, upon review by the council, it is determined by resolution that a decision made at a         council meeting did not comply with meeting procedure or the adopted code of meeting         practice, that decision must be automatically listed for confirmation, correction, or rescission         at the next ordinary meeting of the council. The council may then confirm, amend, or rescind         the decision as appropriate, ensuring the integrity of council resolutions and meeting         records.

        The process for review may be initiated by any councillor through a notice of motion, point of         order, or by recommendation from the Chief Executive Officer, and must be decided by a         formal resolution of the council.

2.    That a further report be presented to Council on any submissions received, or if no         submissions are received, the exhibited Code if Meeting Practice be adopted and published         on Council’s website.

3.    That clauses in the attached code of meeting practice rules of the Public Forum be reinstated         prior to public exhibition

A motion was foreshadowed by Cr Fitzpatrick

1.    That Council endorse the draft Procedure 6.02.02 Code of Meeting Practice (Attachment 1 to this report) for public exhibition for a period of at least 28 days, with submissions to be received for 42 days.

2.      That a further report be presented to Council on any submissions received, or if no submissions are received, the exhibited Code if Meeting Practice be adopted and published on Council’s website.

3.    The clauses in the code of meeting practice attachment relating to the rules of the Public         Forum be reinstated prior to public exhibition

The motion was put to the vote and it was CARRIED

In favour:             Crs Allen, Haggar, Mudaliar, Nadin, Noble and Porter

Against:                  Crs Daly, Fitzpatrick and O'Neil

164/25

RESOLVED on the motion of Crs Porter and Nadin

1.    That Council endorse the draft Procedure 6.02.02 Code of Meeting Practice (Attachment 1 to this report) for public exhibition for a period of at least 28 days, with submissions to be received for 42 days with the addition of the below supplementary provision being included as Clause 17.21:

        Where, upon review by the council, it is determined by resolution that a decision made at a council meeting did not comply with meeting procedure or the adopted code of meeting practice, that decision must be automatically listed for confirmation, correction, or rescission at the next ordinary meeting of the council. The council may then confirm, amend, or rescind the decision as appropriate, ensuring the integrity of council resolutions and meeting records.

        The process for review may be initiated by any councillor through a notice of motion, point of order, or by recommendation from the Chief Executive Officer, and must be decided by a formal resolution of the council.

2.    That a further report be presented to Council on any submissions received, or if no submissions are received, the exhibited Code if Meeting Practice be adopted and published on Council’s website.

3.    That clauses in the attached code of meeting practice rules of the Public Forum be reinstated prior to public exhibition

In favour:             Crs Allen, Haggar, Mudaliar, Nadin, Noble and Porter

Against:                  Crs Daly, Fitzpatrick and O'Neil

10.4

For Adoption Policy 3.08 Management of Asbestos and Silica - Amendments following submission

165/25

RESOLVED on the motion of Crs Nadin and Haggar

1.    Council notes the submission received at attachment 1.

2.    Council adopt Policy 3.08 Management of Asbestos and Silica as at attachment 2 of this report.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

10.5

Certificate of Investment August 2025

166/25

RESOLVED on the motion of Crs Nadin and Noble

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

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

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

10.6

Certificate of Investment September 2025

167/25

RESOLVED on the motion of Crs Noble and Daly

1.    That Council receive and note the report on Council’s investment position at 30 September 2025.

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

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

11.1

Appointment of delegated authority to Bega Valley Awards Committee

168/25

RESOLVED on the motion of Crs Nadin and Porter

That Council:

1.    Convert the Bega Valley Shire Awards Committee to a committee of the whole

2.    Notify the volunteers currently on the Bega Valley Shire Awards Committee of the decision

3.    Update the Bega Valley Shire Awards Committee Terms of Reference

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

14.1

Secondary dwellings

A motion was moved by Crs Haggar and Daly

That council

1.    Waives section 7.11 contributions on secondary dwellings for an initial period of 2 years.

2.    Implements a 2-year trial whereby secondary dwellings are charged s64 contributions at 0.25 ET for water and 0.25 for sewer, regardless of the number of bedrooms.

3.    Encourages the community and developers to consider pre‑fabricated and modular housing options, as well as complying development pathways, in suitable locations, with a view to increasing density in our sewered towns and villages.

4.    Provides updated information to the community about the different types of housing that can be considered across the shire, including dual occupancies, terraces, town houses, villas, manor houses and rural land sharing, particularly following recent changes Council has made to the enable greater diversity of housing types and density in our sewered towns and villages, and if required, a budget bid be considered by Council as part of the FY27 budget deliberations to support this work.  

5.    Investigates the legality of developing a broad definition of ‘household member’ that can be used in the proposed Local Approvals Policy currently being developed by staff.

6.    Continues to advocate to the NSW State Government to urgently complete its review of, and update to, the relevant legislation to provide clarity regarding caravans and moveable dwellings.

An amendment was proposed by Cr Nadin

The amendment was accepted by Cr Haggar

That council

1.    Waives section 7.11 contributions on secondary dwellings for an initial period of 2 years.

2.    Implements a 2-year trial whereby secondary dwellings are charged s64 contributions at 0.25 ET for water and 0.25 for sewer, regardless of the number of bedrooms.

3.    Encourages the community and developers to consider pre‑fabricated and modular housing options, as well as complying development pathways, in suitable locations, with a view to increasing density in our sewered towns and villages.

4.    Provides updated information to the community about the different types of housing that can be considered across the shire, including dual occupancies, terraces, town houses, villas, manor houses and rural land sharing, particularly following recent changes Council has made to the enable greater diversity of housing types and density in our sewered towns and villages, and if required, a budget bid be considered by Council as part of the FY27 budget deliberations to support this work.  

5.    Request the State Government to provide further clarity on the definition of ‘household’ with the intent to have as broader definition as possible

6.    Continues to advocate to the NSW State Government to urgently complete its review of, and update to, the relevant legislation to provide clarity regarding caravans and moveable dwellings.

An amendment was proposed by Cr Daly

The amendment was accepted by Cr Haggar

That council

1.    Waives section 7.11 contributions on secondary dwellings for an initial period of 2 years.

2.    Implements a 2-year trial whereby secondary dwellings are charged s64 contributions at 0.25 ET for water and 0.25 for sewer, regardless of the number of bedrooms.

3.    Encourages the community and developers to consider pre‑fabricated and modular housing options, as well as complying development pathways, in suitable locations, with a view to increasing density in our sewered towns and villages.

4.    Provides updated information to the community about the different types of housing that can be considered across the shire, including dual occupancies, terraces, town houses, villas, manor houses and rural land sharing, particularly following recent changes Council has made to the enable greater diversity of housing types and density in our sewered towns and villages, and if required, a budget bid be considered by Council as part of the FY27 budget deliberations to support this work.  

5.    Request the State Government to provide further clarity on the definition of ‘household’ with the intent to have as broader definition as possible

6.    Continues to advocate to the NSW State Government to urgently complete its review of, and update to, the relevant legislation to provide clarity regarding caravans and moveable dwellings.

7.    That a report be brought back to council in 21 months’ time outlining the impacts of the         motion and that the report be for decision on future continuation.

The motion was put to the vote and it was CARRIED

In favour:             Crs Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Cr Allen

169/25

RESOLVED on the motion of Crs Haggar and Daly

That Council

1.    Waives section 7.11 contributions on secondary dwellings for an initial period of 2 years.

2.    Implements a 2-year trial whereby secondary dwellings are charged s64 contributions at 0.25 ET for water and 0.25 for sewer, regardless of the number of bedrooms.

3.    Encourages the community and developers to consider pre‑fabricated and modular housing options, as well as complying development pathways, in suitable locations, with a view to increasing density in our sewered towns and villages.

4.    Provides updated information to the community about the different types of housing that can be considered across the shire, including dual occupancies, terraces, town houses, villas, manor houses and rural land sharing, particularly following recent changes Council has made to the enable greater diversity of housing types and density in our sewered towns and villages, and if required, a budget bid be considered by Council as part of the FY27 budget deliberations to support this work.  

5.    Request the State Government to provide further clarity on the definition of ‘household’ with the intent to have as broader definition as possible.

6.    Continues to advocate to the NSW State Government to urgently complete its review of, and update to, the relevant legislation to provide clarity regarding caravans and moveable dwellings.

7.    That a report be brought back to council in 21 months’ time outlining the impacts of the         motion and that the report be for decision on future continuation.

In favour:             Crs Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Cr Allen

15.1

Cr Daly - Shellharbour Council Local Environment Plan amendments

A response to Cr Daly’s Question with Notice was provided in the Ordinary Council Meeting Agenda of 15 October 2025 with the response as follows:

The process will involve submission of a planning proposal to the Department of Planning, Housing and Infrastructure for Gateway determination and may take six to 12 months for determination and its processing.

A copy of Shellharbour Proposed LEP reported to Council is attached to the agenda for your information.

In response to your request for advice on whether a similar approach could be pursued within our local government area, staff have undertaken a preliminary review of the Shellharbour model and its potential applicability to our planning framework.

The following key considerations are noted:

Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply

The pilot program is for dwellings in residential areas only where there is already an existing dwelling.

Shellharbour defines the type of dwelling as one that is If registered as a motor vehicle, must not exceed a length of 12.5m, a width of 2.5m, and a height of 4.3m. or if registered as a trailer, must not exceed a length of 12.3m, a width of 2.5m, and a height of 4.3m.

Dwellings under this proposal must not be located in on land that is:

a)       Flood-prone land,

b)      Bushfire-prone land,

c)       Land which contains Heritage items or draft Heritage items,

d)      Land in a foreshore area,

e)      Land in an environmentally sensitive area,

f)        Contaminated lands

Dwelling must also meet defined setback requirements and standards as outlined in the building code.

Planning Instrument Constraints

While Shellharbour’s proposal is innovative, it remains subject to approval by the NSW Department of Planning, Housing and Infrastructure. At present, the Standard Instrument LEP does not explicitly accommodate THOWs as permanent dwellings.

Compliance and Infrastructure Implications

Internal discussions have highlighted several operational concerns, including:

The need for Section 68 approvals under the Local Government Act for movable dwellings. [Follow up]

Potential impacts on infrastructure capacity, waste management, and emergency access.

Enforcement challenges if THOWs are permitted without clear regulatory mechanisms.

 Staff are continuing to monitor the progress of Shellharbour’s proposal and are engaging with planning peers and legal advisors to assess the feasibility of a similar amendment locally

15.2

Cr O'Neil - Draft submission into rural housing and secondary dwelling reform

A response to Cr O’Neil’s Question with Notice was provided in the Ordinary Council Meeting Agenda of 15 October 2025 with the response as follows:

Based on a preliminary review by staff there are some positive aspects proposed in the Bill, however there are some aspects that may lead to potentially negative consequences. As an example there are some components aimed at streamlining simple variations to complying development standards, however this may come at the expense of adjoining properties having the opportunities to make submissions on the proposed development. There is also the intention to give the Planning Secretary the delegation to make decisions on behalf of other agencies that would normally be required to provide concurrence for certain developments. How this practically applies as well as the impacts are unclear. These are only a couple of examples of proposed changes with numerous components in the Bill. In the opinion of Councils CEO the proposed changes could be anticipated to enable more development faster, however this could result in some undesirable consequences. In reality until a new act is in place and developers, practitioners and communities start to operate within the anew act it is difficult to predict what the actual impacts will be. Furthermore, until courts start to create new precedents interpreting the new act clauses it is difficult to predict how positive and practical the changes are. This is being reflected in commentary by various environmental and planning legal practitioners in online forums. On the whole sentiment is positive that the proposed changes will enable more development in shorter timeframes.

Council has not allocated any dedicated resources to comprehensively reviewing the Bill (and this is not something we commonly do) and interpreting legislation and its practical application is a relatively specialised field.

16.1

Cr Nadin - Merimbula CBD planning works

At the ordinary meeting of 17 September 2025 Cr Nadin asked for an update on where the Merimbula CBD planning work is at?

Director Infrastructure, Mr Ian Macfarlane took the question on notice.

Project summary

The Merimbula CBD upgrade includes extensive traffic calming measures to implement traffic flow change recommendations from the Merimbula Transport Study Recommendations Report and the Merimbula Transport Study-CBD Landscape Masterplan Assessment.

Council is planning to undertake a trial of the proposed changes over six to eight weeks in March to May 2026

The trial aims to validate safety, accessibility and public amenity in the town centre by temporarily reconfiguring traffic flow, enhancing pedestrian crossings, reclaiming sections of the road network for community use and activating key civic spaces.

As part of a broader strategy to create a more walkable and vibrant coastal destination, the project will implement temporary infrastructure such as mini roundabouts, signage upgrades, barrier-defined kerb extensions and reconfigured parking to assess the effectiveness of various traffic calming and placemaking interventions.

Once these trials are completed and the outcomes formalised, the project planning team will progress to the Merimbula CBD upgrade Master Plan detail design.

Staff response

A project management kick-off meeting was held on 28 November 2024 and a project manager was appointed.

Project planning has commenced, and a Project Management Plan (PMP) has been drafted.

The project is meeting the grant milestones with milestone reports 1 & 2 completed on time and the remaining milestones are also on track.

The following actions have been undertaken to date:

·         Preliminary design works have been undertaken for undergrounding the overhead electricity reticulation along Market Street.  A Design Information Package and a high-level concept design has been completed to remove the power poles and put the power lines underground including a cost estimate. This information allows Council to apply for funding opportunities as they arise to progress the work.

·         Investigations into the existing underground services and infrastructure have been completed and mapped for future upgrading reference.

·         A Review of Environmental Factors (REF) report has been drafted by an Environmental Consultant and is with Council’s Planning team for determination.

·         A System Safety Assessment (SSA) of the Merimbula CBD has been completed as a priority in a suite of SSAs commissioned by Council with the recommendations being updated into the traffic trial plans.

·         A Traffic Engineer has been engaged to provide the design plans for the traffic trials Traffic Calming Measures (TCM) to be implemented next year. The plans will be submitted to the Local Transport Forum (LTF) October 2025 meeting for review. Feedback from the LTF will then be updated into the final TCM plans. Once the TCM plans are complete we will then go out to tender for the implementation, we anticipate this tender to be advertised and closed by the end of December 2025, with the successful contractor engaged in the 2026 new year. Once these trials are completed and the feedback from the trials formalised, Council will then progress the Merimbula CBD Master plan upgrade detail design for construction and estimating purposes.

·         Concept design work is progressing for Hyland’s Corner upgrade in conjunction with the Merimbula Chamber of Commerce & Bega Valley Business team leaders. The concept includes the following:

o   Structural foundation for Christmas tree Installation

o   Consideration of potential for a free-standing advertising digital sign (subject to resolution of management and operations matters and a development application)

o   Timber stage platform like the structures surrounding Monaro & Market Street intersection

o   Roof cover of part of the timber stage platform

o   Bollards to the side of the driveway that goes through Hyland’s Corner.

o   Removal of the existing furniture and installation of new furniture.

o   Pavement interaction play space to the central open space area

16.2

Cr Mudaliar - Eden netball courts

At the ordinary council meeting of 17 September 2025 Cr Mudaliar asked can staff advise what plans are in place to improve the netball courts in Eden and what work has been done to progress the improvements?

Chief Executive Officer, Anthony McMahon advised yes, plans are in place. We have applied for grant funding previously and will bring a further response back to the next council meeting with what is being done so it is publicly known.

Staff response

The Eden netball courts are aging, in poor condition and do not meet community expectations or current standards. Council has been aware of the poor condition of the Eden Netball courts for several years.

They are identified as a project for renewal in the Barclay Street Sports Precinct Master Plan (attached). The masterplan includes 2 typical netball / basketball courts (similar to Bermagui) as well as adapting 2 existing tennis courts to be multipurpose courts. 

Court provision in the adopted masterplan considered asset provision and levels of use, population size, the option utilising tennis courts as multiuse courts, and the option to use the courts throughout the week.

Major issues with the current netball courts include:

·         The run off area is very small and does not meet current standards

·         The courts are subject to inundation from Lake Curalo

·         Floodlights are poor.

There are limited options to do short term or interim repairs for these items. To address them would require major works, including: 

·         Demolition of existing concrete edges

·         Earthworks and subgrade preparations and leveling

·         2x court surface (asphalt) and edging for multipurpose courts

·         Line marking for multipurpose (netball and basketball)

·         4 x reversible basketball/netball towers.

·         Upgrade eight lighting / poles from wood to steel pylons and globes to 100 LUX.

·         Spectator seating

·         Chain wire fence along Curalo Lake.

Staff have submitted unsuccessful funding applications for the project through the following grant programs:

·         Federal Play our Way Program 2024 – Netball / Basketball & Tennis court upgrades

·         NSW Office of Sport Level The Playing Field Program 2023 – Netball / Basketball court upgrades.
 

Other projects included in the Barclay Street Sports Precinct Master Plan which have been completed include:

·         Floodlighting upgrades AFL and soccer

·         AFL / cricket pavilion upgrade

·         AFL / cricket carpark upgrade

·         1/4 basketball court renewal

·         Skatepark

·         Inclusive play space

·         Parkland improvements (BBQ, shelter, seating, paths).

The project to upgrade the current aging netball courts to become 2x multipurpose courts has merit demonstrated through:

·         Very strong links to women’s / girls’ participation / accessibility / multi use facilities

·         Leverages on all other work done at the site

·         Direct link to the Council endorsed Barclay Street masterplan.

The project is included in the current BVSC Funding Our Future document and advocacy ongoing. The project is identified in the currently adopted long term financial plan, however, does not have funding allocated until 2033. Staff will look to allocate resources to further project development design if they become available. 

The current committee is enthusiastic and proactive, and this is demonstrated through good participation numbers.

16.3

Cr O'Neil - Children's services strategy

Cr O’Neil asked will the review and renewed strategy for children's services cover provision of services for workers and patients at the South Eastern Regional Hospital, and what is the likely timetable for decisions on future investment and expansion of  early childhood education and care services, which are so important for Bega Valley families?

Acting Director Community, Environment and Planning, Ms Yvette Parker advised the timetable for the expansion will be likely to come back to council with a report in December. The outcome of the feasibility study should completed by then according to our project plan, noting that we are still finalising tender documentation.

The broad terms of children services expansion don’t specifically look at the hospital, its workers and patients, it’s identified the need broadly across the community and we haven’t had any indication from the NSW Government with regard to their support for our children’s expansion project, we will be seeking some in the future once we are a bit more progressed.

16.4

Cr Allen - Public toilet sites

Cr Allen asked can staff provide a summary of how many public toilet sites including at sporting facilities and parks have unisex toilets only and how many have male and females designated toilets and can staff advise if there would be anything preventing having female only and unisex toilets at those sites?

Chief Executive Officer, Mr Anthony McMahon advised across the shire we have a total of

63 public toilets (excluding not generally open to the public, like at ,halls libraries and pools etc), of the 63 public toilets there are 40 that are male & female, 18 that are unisex only and 5 that are male, female and unisex.

The 46 of those outlined have accessible facilities, the large majority (43) have accessible facilities which are unisex.

The reason we have unisex toilet designs is so toilets are provided and can be used by all. This can reduce wait times for people to go to a gender specific toilet and it generally improves availability and we get better use for how many we provide.

Unisex facilities with more open common access can also make for better use of space allowing for more cubicles or a smaller building footprint overall. This is particularly the case in parkland areas. This has an asset management benefit, in particular in areas like our shire where there is a high number of public toilets because of the spread population.

An important aspect of the unisex toilets are that individual cubicles that provide personal space. If need be, such as for specific events, we could have individual cubicles labelled (doors) for female or male if that would provide better service for the event.

It has been common to see accessible toilets at unisex facilities for many years. This has been for the same reasons, to not restrict use and to not have to build duplicate facilities where the levels of use don’t require it.

In our recent Recreation Strategy consultation there was a specific question on unisex toilet facilities and 83% of respondents that replied said they were comfortable with using unisex facilities.

As you have heard we do have the ability in peak situations to change how different sites are operated on given days, going to the point Cr Allen is making in that there are certain peak times where the needs and uses change.

Cr Allen asked, how do we implement that?

Mr McMahon advised for council managed events happening at these sites, we have the ability to control how the signage on the toilet is applied and for other significant events at our sites we could have a provision in user agreement that says they need to consider the right mix of dedicated toilet facilities to cater for the needs of their event.

Cr Nadin asked if it is being proposed to change the signs on the door at the Pambula Sporting facility from unisex to either female or male, noting when the DA was approved it would have had to have satisfy a certain amount of female, male and unisex toilets. Can the DA approval be changed or would it need a modification?

Mr McMahon advised there are certain facilities in the shire that are DA exempt but we do need to meet standards for accessibility and this can still be achieved through variations. In reality, on a major event day if someone put a sign on the door and we weren’t compliant with the condition of consent that said that we had to have a certain number of toilets, by the time we are able to take compliance action against ourself that event would be over.

16.5

Cr Nadin - Merimbula CBD planning works

Cr Nadin thanked staff for the response in this business paper and noted we are looking to conduct the trial over 6-8 weeks in March to May and I understood we were doing it in peak season, December to January, so that we can really test it and see if these changes are going to work when Merimbula is at its busiest?

Acting Director Infrastructure, Mr John Wearne advised the planning is to test this at a peak time using the holiday period over Easter as the middle of it so that we are running 2 weeks beforehand, getting the locals used to it, then 2 weeks in the peak holiday period then another 2 weeks after that with a view to really test whether it works with Merimbula when it is full of visitors. The timing of it is really set that when we were looking at this earlier in the year we were proposing to run that in the school holidays that have just finished but getting everything in place was taking too long to achieve that. Not to cause mayhem in Merimbula in the peak summer period Easter seemed like a good compromise.

Cr Haggar advised it was noted in this week’s Local Traffic Forum and the intension is there is some holiday period to test but not at Christmas as it would be too much of a teat straight up, so the idea is a small test so we didn’t create too much havoc with Easter chosen as the ideal test.

Cr Nadin understand the traffic changes were put to the Traffic Committee earlier this week so that will be brought back to council for adoption for this trial period, are we going to do any publicity around that?

Mr Wearne advised if we wanted to make it fail we wouldn’t publicise it, the publicity to the community is vitally important, I expect the Councillors will see the minutes of the Local Traffic Forum meeting, there are some recommendations for some tweaking of the design work that has been done and that will then progress through to getting quotes to implement that work as well as getting quotes for the stakeholder engagement feedback that is a critical part of distilling whether this works or not. I’m not expecting that the detailed design would be presented to the council meeting in detail it’s more a case that the technical specialist are implementing councils adopted trial for the Merimbula transport strategy.

Cr Nadin asked for clarity whether the plan was going to go on exhibition or is there any sort of publicity around those proposed traffic changes?

Chief executive Officer, Mr Anthony McMahon advised that once the technical assessment has been done on what we propose to do we will definitely be publicly saying it and John did allude to that earlier.

16.6

CR Fitzpatrick - Farm Forestry in RU2 report?

Cr Fitzpatrick asked Farm Forestry in RU2, we have been waiting for a report back to council, or scope report or workshop, what progress has occurred on that?

Chief Executive Officer, Mr Anthony McMahon took the question on notice.

16.7

Cr O'Neil - New workplace bullying and sexual harassment legislation

Cr O’Neil asked what is the impact of the new workplace bullying and sexual harassment legislation which now covers Local Government workers, will we be changing policies and procedures or has there been a review of how that might affect operations?

Chief Executive Officer, Mr Anthony McMahon advised our staff are now reviewing the impacts to understand if we do need to change anything and Local Government NSW are providing some information forums on that to assist council’s which our staff are participating in.

16.8

Cr Daly - Shellharbour Council Local Environment Plan amendments

Cr Daly noted looking at Shellharbour and their changes to their Local Environment Plan (LEP) which have been broadly reported will accommodate tiny homes, it should be clear that there still remains no definition of tiny homes.

What has been proposed in Shellharbour, is that something we can already do in the Bega Valley in terms of dwellings in residential areas only where there is not already an existing dwelling there is a requirement for approvals, licences and permits, dwelling must not be located on bushfire or flood prone land, these are all things that are in existence within our own LEP so can you confirm that we can do what is being proposed in Shellharbour already?

Chief Executive Officer, Mr Anthony McMahon advised in broad terms yes with some caveats, the caveats are when talking about secondary dwellings there are different types of secondary dwellings, some of them could be a building which is a permanent dwelling, some of them could be manufactured home which is a form of moveable dwelling which has its own provisions, then the vague one is a moveable dwelling that isn’t a manufactured home, they are the ones that are unclearly defined and if you have a look at what Shellharbour are saying they are using loose, undefined terms. They are looking from my perspective to do something that may not be legal that the state might stop anyway, which is around having a moveable dwelling such as a caravan that can be used as a secondary dwelling by someone without a DA other than a member of the household which is one of these terms that we need to get defined.

They may get a response back from the department of planning once the planning proposal is lodged that says we don’t believe we can support through gateway what you are proposing. That is me speculating as I don’t know. It will take considerable time for that to get resolved and as you have seen in the response here in the business paper if this becomes something that gets supported by the State we will then review it in much more detail and say why is this different compared to what we previously thought.

Adjournment Into Closed Session

170/25

RESOLVED on the motion of Crs Daly and Mudaliar

1.    That Council resolve to adjourn into Closed Session to discuss the following confidential items:

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to            (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

2.    That pursuant to Section 10A of the Local Government 1993, the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Act as outlined above.

3.         That the correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section             11(2).

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to            (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

2.    That pursuant to Section 10A of the Local Government 1993, the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Act as outlined above.

3.    That the correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2).

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Nadin

Resolution of closed session be made public

171/25

RESOLVED on the motion of Crs Nadin and Daly  

That the resolution of the closed session be made public.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

18.1

9.1    Request for Quote (RFQ) 2425-11 9.1 Merimbula Ford Park Pavilion Design Consultancy

172/25

RESOLVED on the motion of Crs Nadin and Haggar

1.    That Council shortlist Adriana Pupilli Architects Pty Ltd and Baenziger Coles Pty Ltd, for the Stage 2 works described in Tender RFQ 2425-111 Merimbula Ford Park Pavilion Design Consultancy.

2.    That the shortlisted firms each be engaged for a fee of $6,000 plus GST to prepare and present design concepts for the Ford Park Pavilion project.

3.    That all tenderers are advised of the outcome of the first stage of tender response shortlisting.

4.    That each Project Working Group (PWG) organisation be requested to review the three concept designs and each PWG provide a consolidated feedback response for consideration by the Tender Evaluation Panel.

5.    That the Tender Evaluation Panel assess the concept designs and consider the feedback responses from the PWG organisations and recommend a preferred architect for this project.

6.    That authority be delegated to the Chief Executive Officer to engage the preferred architect and execute all necessary documentation in relation to RFQ 2425-111 Merimbula Ford Park Pavilion Design Consultancy.

7.    That a report be provided back to Council to select which architects concept progresses to full contract award

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

18.2

9.3 Request for Tender (RFT) 2425-108 George Brown Pavilion Upgrade update

173/25

RESOLVED on the motion of Crs Mudaliar and Nadin

1.    That Bega Valley Shire Council enter a contract with Bega Valley Construction Pty Ltd with to         deliver option 3 in the confidential memo which is the full project scope for an amount of         $776,073.74 ex gst. Inclusive of $30,598.29 for provisional items.

2.    That an additional $169,173.77 to be redistributed to the project budget from Bega Pool         Design WO7744in the Q1 budget review.

3.      The Eden Tigers Rugby League be updated once the construction contract has been finalised

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil