occupation certificate 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?

This blog explores the messy, fascinating business of local democracy in the Kiama local government area. I’m not a councillor, not council staff, and not on anyone’s payroll. I’m a long-time community member and former civics reporter for the local paper. I care about transparency, process, and making sure public decisions actually serve the public.

The post below is part of an ongoing series tracking what’s happening at the new Gerringong Surf Life Saving Club building. This time, we’re asking a basic question: what good are public toilets if the public can’t use them?

If you care about access, accountability, or the difference between what’s promised and what’s delivered, welcome, you’re in the right place.

On 23 April 2025, I wrote an article for The Bugle titled Let’s make Kiama beaches accessible to all ages, all abilities, all the time.

That article was the beginning of a conversation we will keep having until it becomes reality. I am continuing to work with John Maclean, who featured in the story, and with the wheelchair surfing community to help Kiama lead by example.

This is not a campaign for special treatment. It is about access for everyone. Kiama beaches and public spaces that are accessible to all ages, all abilities, all the time.

In December 2024, a private certifier issued an Occupation Certificate for the new Gerringong Surf Life Saving Club building. That certificate was meant to confirm the building was complete and ready for lawful use, including access for all.

Kiama Council has said the project includes $180,000 worth of public infrastructure. That includes accessible public toilets. This claim was repeated in a joint press release issued by Council and Gerringong SLSC in 2023.

So what was delivered?

There are public toilets on the southern side of the building. They are open, but they are not easily accessed by people using mobility aids. Meanwhile, the fully accessible toilets on the northern side are locked. They are located behind doors, reserved for surf club members only.

A public building, on public land, with restricted access

This is a Council-owned facility, funded by multiple levels of government. It sits on public land. It was built with the help of the community, approved through the development system, and publicly promoted as a space that would benefit more than just members.

If you are not a member and you need level access, wide doorways, and accessible fittings, these facilities are simply not available to you.

How did this get signed off?

The Occupation Certificate was issued by a private certifier. That raises several questions.

Did the certifier inspect the site and assess the toilets that were actually open to the public? Were they informed that the accessible toilets would be locked? Did they assume accessibility shown on the plans matched accessibility in practice?

If the accessible toilets were counted as part of the required infrastructure and included in the justification for funding, then someone needs to explain why they are not usable by the public.

Council has practical ways to fix this

There are straightforward options available:

Make the public toilets truly accessible by improving physical access to the toilets on the southern side

Unlock the accessible toilets on the northern side so they are available to everyone, not just club members

Do both, and clearly communicate the changes to the community

This is not a complex policy problem. It is a matter of following through on what was promised, and ensuring public infrastructure works for the public.

Right now, we have a building that looks finished but is failing to deliver on one of its most basic public promises.

This is about the gap between what is said and what is delivered. It is about the difference between ticking a compliance box and meeting a community standard. It is about whether we are prepared to speak up when public infrastructure does not serve everyone equally.

If you cannot access a toilet in a brand new building, what confidence should you have in future upgrades, planning approvals, or public project delivery?

And if those in charge of building, certifying, or managing these facilities will not raise the issue, then the community must.

#Kiama #GerringongSLSC #PublicAccess #AccessibleDesign #InclusiveInfrastructure #LocalGovernment #CivicAccountability #ToiletAccess #CommunityMatters

Tag: occupation certificate

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