community land Archives - Clover Hill Diaries

This blog is part of an ongoing effort to unpack local government processes and help our community feel informed and confident to ask the right questions. The more we understand how things are meant to work, the better equipped we are to participate meaningfully and constructively.

Today’s focus is on a detail that sounds small – a Construction Agreement that was signed but not dated – but which highlights a bigger issue: clarity, process and the role of good governance.

Let’s start with the basics. How is a community building like this usually delivered? 🧱

Here’s a simplified version of the standard process for building on public land, especially when external taxpayer funding is involved:

1. Planning and consultation 📋

Early conversations between the surf club and Council
Site selection, concept design and project scope

2. Development Application (DA) submitted 📨

Includes building plans, reports and intended use
Lodged with Council as both landowner and consent authority

3. Development consent granted ✅

This is the go-ahead to build – not to occupy
Conditions of consent are attached. These often include:

A Lease agreement signed before use of the building
A Construction Agreement signed before fit-out or internal access
Requirements for public access and accessibility

4. Construction Certificate issued 🔨

Confirms the building complies with safety and planning standards
Issued by a certifier – either Council or a private professional

5. Construction Agreement signed (and dated) ✍️

Essential when the club is managing the build, not Council
Covers:

Roles and responsibilities
Insurance and liability
Compliance with funding agreements
Handback terms once construction is complete

6. Occupation Certificate (OC) issued 🏠

Allows the building to be legally used
Certifier must confirm that all conditions of consent are met

What happened at Gerringong? 🤔

Council’s own development consent required a Lease to be in place before occupation, and a Construction Agreement to be executed before the building could be used.

But here’s what occurred:

The club took possession on 20 December 2024 without a Lease
A Construction Agreement was signed, but it was not dated
A private certifier issued the OC
In February, councillors were informed of a temporary licence, not the Lease required under the DA
In May 2025, Council passed a motion to begin Lease negotiations – months after the building had been occupied

Why do dates on legal documents matter? 🕵️‍♀️

When a legal agreement is left undated, it creates uncertainty:

No clear timeline for when responsibilities begin
Ambiguity about compliance with planning conditions
Questions about whether the certifier had enough documentation to issue the OC
Potential for audit or grant compliance issues under public funding rules

A dated, executed agreement is a basic governance step that protects everyone involved — the surf club, Council, and the wider community.

Why this matters to all of us 🌱

When we understand the process, we can see where it worked and where it didn’t. These aren’t technicalities — they’re signals of how well systems function and whether safeguards are respected.

This is about learning and improving how community projects are managed.

Asking questions helps everyone.
It supports councillors, keeps staff accountable, and helps ensure that future projects are even better governed.

Some questions worth asking 🧭

Were all conditions of consent met before the building was used?
Why weren’t councillors given a full briefing on the Lease and Construction Agreement status?
How does Council plan to ensure this kind of thing doesn’t happen again?
Will future community projects include a final accountability report?

This blog is about building trust ❤️

Trust grows when processes are transparent, communication is honest, and public expectations are respected.

If you care about local assets, accessible facilities and well-run public projects, you’re in the right place.

Let’s keep learning together.
Let’s keep asking the right questions. 🤝

#Kiama #GerringongSLSC #LocalGovernment #CivicEngagement #PublicAccountability #CommunityInfrastructure #TransparencyMatters #AskTheRightQuestions #CouncilWatch #DevelopmentConsent #BuildingTrust

New here? Here’s what you need to know

This blog explores the twists and turns of local democracy in the Kiama local government area. I’m not a councillor. I’m not on staff. I’m a community member and former CIVICS writer for the local newspaper. I care deeply about transparency, proper process and public trust.

Lately, one issue has dominated local headlines and council meetings: whether Gerringong Surf Life Saving Club can secure a long-term lease on public land. What should be a straightforward process has instead sparked confusion, conflict and controversy.

This post is part of a series that unpacks the facts behind the drama. I’m drawing on the expertise of people who have stepped forward to support clearer, more collaborative leadership in our community.

If you are trying to make sense of what is happening and why it matters, you are in the right place.

I am not on the inside. I am not in the workshops or briefing rooms. I do not have access to confidential reports. And too often, neither do councillors.

As the CIVICS writer, I learned how to fact-check, how to read legislation, and how to seek out people with real expertise. Over time, those people started coming to me.

But I am still outside the tent. Which is exactly why I keep writing.

My dealings with Kiama Council have shown me that even elected councillors are not always given the information they need to make informed decisions. When that happens, you get confusion, public frustration, and yet another act in the ongoing drama triangle that’s been playing out for far too long.

So let’s walk back from the noise and revisit the core question.

Can councils lease community land to surf life saving clubs?

✅ Yes, they can. But only if they follow the correct process.

Here’s how it works.

📄 Step 1: Start with the legislation
The power to lease community land comes from Section 46 of the Local Government Act 1993.
Councils can grant leases for specific purposes, including surf life saving clubs, if those purposes are expressly authorised in the Community Plan of Management (CPM).

🔎 Step 2: Check the CPM
Is the reserve’s CPM publicly available? It should be.
If not, ask Council’s property officer for the most up-to-date version.

🟢 If the CPM allows for a lease to a surf life saving club, then Council can proceed to the next steps under Sections 46A, 47 and 47A of the Act.

🔴 If it doesn’t, the CPM needs to be amended. After that, Council can move forward with the leasing process.

🛠️ Key details from the Act:

A lease of more than 5 years can be granted without going to tender if the tenant is a non-profit organisation, unless the CPM specifically requires a tender.
A lease (including any renewal options) that extends beyond 21 years needs Ministerial consent.

📚 Useful background reading:

So where does that leave us?

According to one of the experts who contacted me this week 🙏, Council can grant a lease to Gerringong Surf Life Saving Club right now, if it wants to. There is no need to reclassify the land from community to operational.

This is not a legal mystery. The steps are clear. The legislation is available. The expertise exists.

What we need now is transparency, clarity, and leadership.

If councillors do not have the information they need to make these decisions confidently, we have a much bigger problem than a lease.

A note of thanks
To the planners, legal experts, governance professionals and strategic thinkers who have reached out to help clarify the issues, thank you. Your quiet support and willingness to share knowledge shows me what collaborative leadership can look like. Let’s keep building it together.

#KiamaCouncil #Gerringong #SurfClubLeases #LocalGovernment #CommunityLand #GovernanceMatters #NSWPolitics

Tag: community land

How did we get here? Understanding the process behind the Gerringong Surf Club build