Council has made the momentous decision to sell our aged care business, Blue Haven. We did not come to this lightly, indeed many councillors expressed their support or otherwise for the decision in very emotional terms. And yet, it is a decision made for the right reasons – to ensure Blue Haven’s future and to keep Council solvent and able to focus on providing services to everyone in our community.Forty years ago, when Kiama Municipal Council first got into the business of aged care, it was also done for the right reasons. There was a lack of aged care provision in our regionand a strong community feel that the Council should step up. The Council did step up, but we didn’t do it alone. There was much fundraising, goodwill and effort put in by so many.This will never be forgotten.As we have moved through the years, Blue Haven has been a source of pride and comfort to many in our community. Pride in what Blue Haven has meant for Kiama locals – to be ableto age in place in the municipality they love and call home. And comfort, because aged care is not some esoteric concept that is unlikely to touch many people’s lives. It’s a stark reality that most of us will require the services offered by Blue Haven and other providers at some point, if we’re not using them already, either for ourselves or our loved ones.I know many long-term locals will have fond memories of visiting and being part of Blue Haven over the years, either through school, as staff, as volunteers, or as a resident or visitor to the Residential Aged Care Facility or one of our 262 Independent Living Units, or as a recipient of our Home Care packages.It is for all these reasons that the councillors, and myself, voted with heavy hearts on whether it was time for Council to sell Blue Haven.The aged care sector has changed dramatically since the decision to build our new facility.The reforms that came as a result of the Royal Commission, while very welcome, have added complexity, as have changing landscapes with the NDIS and other assistance packages. This, compounded by the global pandemic and vaccine mandates, have resulted in huge staff turnover, while the staff that remain are overworked and expensive agencies must be called in to fill the gaps. Things need to change.It has become untenable for Kiama Council to continue to run Blue Haven in this environment. Local Governments fulfil many functions in our communities. Most of these functions cost money and, despite what some seem to believe, Council rates can not cover it all. Blue Haven is operating at a deficit, and so is the Council. While we’re proud of Blue Haven’s wonderful new facility at Bonaira, we now need to repay our debts. If Council is to continue providing all the other important services that a Local Government needs to, we must sell Blue Haven, and other assets as well, to balance the books. Kiama is the only remaining Local Council in NSW that is still providing aged care. Every other Council in our state has moved out of this business. For the right reasons – we cannot split our focus or our finances to run both the Council and Blue Haven in today’s marketplace. Thankfully, unlike 40 years ago, there are now many other aged care businesses operating in our region, which can be laser focused on the core business of providing excellent services to those in their care.Blue Haven will not close down. We are committed to ensuring that it continues to provide the world-class and much-needed services it does. However, I am convinced that a new owner, with aged care expertise, focus and capacity, will best serve Blue Haven right now.The process will involve community engagement, multiple valuations, consultation with residents, unions, staff and plenty of time. We think six to 12 months.Social media has been a vehicle for false and inaccurate information. This has upset some our most vulnerable residents, and some of our more robust ones as well. We have been and will continue to be transparent. We’ll release as much of our Forensic Report as we’re legally allowed and as much information as we have now, and more as it comes to hand. We are also embarking on an up-front campaign of talking to groups and individuals, and we have a created Blue Haven sale information page on our website. You can also call me and I’ll come around and speak to you personally.The residents of Blue Haven are part of our community and will remain so. Our focus will be on them as we restore our finances and continue to provide the services our community expects.We got into aged care more than 40 years ago for the right reasons. We are justifiably proud of what we have achieved. We are now stepping back from Blue Haven, so that Kiama Council can continue to provide the entire range of services a Local Government must offer to us all equitably, now and into the future. It’s the right thing to do, at the right time, for the right reasons

It’s week TWO of REVEL IN MAY – and while the temperature may have dipped, it’s a great excuse to show off your favourite scarf, hat or fluffy onesie. And a lack of dress code is just one of the many things you can look forward to as we reconnect, reinvigorate and REVEL all month long!KAZADOR EVENTS: FLUTES! MAGIC! OH MY! THE KAZADOR is Kiama’s very own harbourside mini-Speigeltent and the epicentre of creativity, comedy and chaos during REVEL IN MAY. Some events are free, some are ticketed (use your NSW Discover voucher before they expire in June!) and ALL are worth a look. This week’s Kazador line-up:Thursday 12 May 5:30pm: ABSTRACT ART – Paint ‘n’ Sip workshopThursday 12 May 7:30pm: Kiki comedy interview with DEBRA OSWALDFriday 13 May 5pm: FRIDAY WINE DOWN with Cha Cha Del MarFriday 13 May 6:30pm: Kiki comedy interview with BOHMER TREESFriday 13 May 8pm: Live music from GEORGE WASHINGMACHINESaturday 14 May 2pm: Acclaimed duo ANA DE LA VEGA & DANIEL ROEHNSaturday 14 May 4pm: BUGLE Gin Tasting SCARF FundraiserSaturday 14 May 7pm: Och Aye! It’s a Scottish CEILIDH PARTY!Sunday 15 May 4pm: Liam Power’s MAGIC OR REALITY show. Oooooh.Sunday 15 May 6pm: Adult Comedy with PETER BERNERTuesday 17 May 7:30pm: ALL GOOD COMEDY LINE-UPWednesday 18 May 9am-12pm: OWN YOUR STAGE presenting workshop  “40-YEAR-OLD POP STAR” AT FILLMORE’SEnjoy a night of original music and comedy this SATURDAY from 8 till 10pm (you’ll be already in the mood after your Scottish CEILIDH at the Kazador!). Presented by the ultra-talented Alli Butler, it’s a show not to be missed. You’ll find it at Fillmore’s (which you’ll find down the lane alongside Parfait Patisserie).YOUNG REVELLERS WELCOME!REVEL isn’t all about sipping wine and naughty jokes. Check out these events aimed specifically at the younger generation:Thursday 12 May 4:30-6:30pm, Old Fire Station: DECORATE DAISY the COW. Budding artists aged 12-25, learn lettering and design from talented local mural artist The Marker (Gill Dinh) and get to paint Daisy!Friday 13 May 4-8pm, Gerringong Library: DIAGON ALLEY Young Makers Twilight Market. Fans of Harry Potter, Fantastic Beasts and magic assemble!Saturday 14 May 1 or 2pm, Old Fire Station: VIRTUAL REALITY ART WORKSHOP for ages 12-25. Master the art of Tilt Brush VR Painting on an unlimited canvas. So much fun! PAVILION PARTIESAnd let’s not forget the PAVILION, where you’ll have plenty of room to enjoy the following headliner acts this weekend:Thursday 12 May 7:30pm: COMEDY FOR A CAUSE, featuring acts from the international festivals and raising funds for Kiama Lions.Friday 13 May 8pm: CARIBÉ brings you Cuban-infused music and dance all night long. If you loved the musical vibe of the Street Soiree, you’ll be on your feet dancing to these Latin-Jazz inspired beats!Saturday 14 May 1-11pm: Groove Society presents SUNDIAL, an afternoon and evening of local bands, solo artists and DJs. Supporting local tune-makers! Phew! WHAT A WEEK AHEAD. So, grab that extra layer, grab a friend (or three) and RECONNECT, REINVIGORATE and let’s keep REVELLING ALL THROUGH MAY!Check out the full program here.

Last weekend’s Street Soiree was not only a smash-hit successful party, but also the gateway to an entire MAY of feel-good fun including live music, food and wine, film, comedy, sport, culture and MORE. It’s a chance to reconnect. To reinvigorate. To REVEL!The dictionary defines REVEL as “to enjoy oneself in a lively and noisy way”. But hey, it’s not just a verb – revel also means the actual event where this fun takes place. So don’t be surprised throughout May to see people across Kiama revelling at a variety of revels – with a lively and noisy mix of free, ticketed and sponsored events. Here are your first week highlights (check out the full program here):SUNDAY LUNCH IS SORTEDJoin us at The Pavilion Kiama this Sunday 8 May 12-3pm for THE FARMED TABLE – as master chef Brendan Cato and Slow Food Saddleback team up to serve you an exclusive and delicious five course luncheon. This special event will showcase a bounty of food from local farmers, producers and artisans, matched with Brendan’s own wine. Includes a Q&A with Brendan AND live music by Mark Crotti. A wonderful Mother’s Day treat for the family – book your table today! Foxground's Farmed Table is doing a pop-up at The Pavilion on Mother's DayOUR KAZADOR IS ALWAYS OPENThe epicentre of much of this month’s mirth and merriment is THE KAZADOR – a mini-Speigeltent installed at Black Beach. This impressive venue captures the European vibe of traditional Belgian dance halls and similar structures are commonly used as pop-up theatres at some of the biggest festivals in the world. And you can use your discover vouchers!Full details and tickets here. This week’s Kazador line-up, including MOTHER’S DAY:·        Friday 6 May 5pm: Live Music with Frank Sultana·        Saturday 7 May 5:30pm: Kiki comedy interview with Fiona Phillips·        Saturday 7 May 8pm: Comedy with Lindsay Webb·        Mother’s Day 3pm: Champagne Comedy for Mum·        Mother’s Day 8pm: Joe Mungovan Mum Lovin’ Live Music·        Tuesday 10 May 7:30pm: Open Mic Comedy NightTake your mum to see Joe at the Kazador FEEL MORE AT FILLMORE’SAlso happening this weekend as part of REVEL, enjoy an arvo and evening of LIVE FRINGE MUSIC at Finding Fillmore’s (down the laneway alongside Parfait Patisserie). The fun kicks off 2pm Saturday 7 May ($15 entry), with a line-up that includes:·        Soul diva with a difference, Hannah Tregret·        Jazz & Blues favourite, mystery man Dan Isaac Bennett·        Proto-rock, acid punk duo all the way from Kiama, De4d·        Folky apocalyptic vibes from Manson Family Values·        The unstylish, sometimes cathartic 4-piece band, Peter Fonda·        Also, vintage clothes and vinyl on saleAnd hey, we’re just getting started. Tell your friends or make new ones as we level-up by revelling up a storm all throughout May. 

Ownership. Equity. Opportunity.These three words describe my philosophy of how council must be run. They are not randomly generated text, nor a cute slogan from a self-help book, they come as result of fourteen years lived Council experience; pages of trying to capture the goals and objectives of the role of council, distilled into three paragraphs and ultimately those three words.Whatever decision I make, or ask others to make, these are the three words by which I judge the outcome. Civic leadership has many, many outcomes. In one day I may welcoming the Governor General, another I might be holding a meeting with our valued residents of Blue Haven. I might be chairing a meeting, or taking a call about an unemptied bin. Dealing with diversity is the key to this job. This means owning the issue, ensuring an equitable outcome and grasping opportunity when it arises. It’s not always possible, but these are the measures. As mayor, I must have grounding in the present, and an eye to the future. Sometimes a huge change comes along and effects all our area, and others and not all the facts are known, but what I do know is we must own it, ensure there is equity and exploit any opportunity for Kiama. That is the Greater Sydney Commission.The Greater Cities Commission will create the ‘cities’ of the Lower Hunter and Greater Newcastle, Central Coast, Greater Sydney and Illawarra-Shoalhaven. Following the passing of the Greater Cities Commission Bill, the Commission will finalise a new Region Plan by the end of 2022. Each ‘City’ will have a City Commissioner. Representing your interests, I have become actively involved in this process and sought to be part of the interview and selection process that will find the right Commissioner who will work with our ISJO Councils, our communities and report directly to the Premier. No mean feat! I am looking forward to being part of this decision and in exploring what this new direction and new understanding of the interconnectedness of the City to its regions is about, and what it means for our home here in Kiama Council.I know our community is passionate, engaged and skilled and I hopeful we will find someone who understand and values our views, appreciates our strengths and can represent our unique interests in this new world of planning.I know the model has worked well globally in places like the UK and San Francisco and closer to home in regions like South East Queensland. That’s fine, but my goal is to make it work for us here, in Kiama, Minnamurra, Gerringong, Jamberoo and rest of best. So as I write this column I reflect on the changes our communities are facing – a new CSP, new delivery plan, new long term financial plan, a new direction, with the continued certainty that your council is here to represent you and a role to play in the shaping of a new approach to planning our ‘city’. We’ll get where we need to be, with Ownership, Equity and Opportunity.

Pedestrian power will reign supreme this Saturday 30 April as the Terralong Street block between Collins and Shoalhaven says “no” to vehicles and a resounding “YES” to music, dining and family-friendly entertainment. It’s being dubbed the Kiama Street Soirée and it kicks off a jam-packed May calendar of Destination Kiama events known collectively as “REVEL”. WORD ON THE STREETSo, what happens when you close the main street of Kiama for a 4-hour long street “swah-ray”? Well, considering this section of street has NEVER been closed before, no one’s quite sure actually. But one thing that IS guaranteed is giant helpings of FUN – rain, hail or shine – as locals and visitors alike “reclaim the streets” to enjoy the festivities. Soirée-ees are invited to come and experience the novelty of seeing shops and eateries spilling out onto the street, while dancers and musicians entertain all under magical festival lights. From the Memorial Arch to the Old Fire Station, this block of Terralong will be transformed into a pedestrian precinct, with fun installations and activities on offer. TERRALONG MAY WE PARTY! It’s not every day that a town’s main street gets closed off to be enjoyed by the people, so we’re going “all in” on this opportunity! Join us from 4pm to 8pm for:Dining out on the street, under the lights – dinner with a difference!Junkyard Beats providing electrifying entertainment for the whole familyJazz and hip-hop dance performances on stage.A DJ bringing the vibes throughout – definitely (and ironically) not “middle of the road”!Daisy the Cow, all dressed up and setting the mooooood.A bunch of fun discoveries and activities that will surprise, delight and entertain big and little kids – from bubble machines to smoke machines to cold spark machines and even classic car machines!Local shops will also open into the night, getting in on the fun.Crossing the street on those cobbled crossings without waiting for a single car!And plenty more surprises!Music, dancing, the shaking of booties, the tapping of toes and an all-round electric atmosphere (it’s the lights you see – they’re electric). The Kiama Street Soirée promises to be a night to remember – and you’ll want to say that YOU were there the day that the people took over Terralong. Get set for a truly immersive street festival experience. A non-vehicular spectacular. A pedestrian party that’s anything but pedestrian. It’s the Kiama Street Soirée – and you won’t want to miss it! 4pm–8pm Saturday 30 April 2022FREE FAMILY ENTERTAINMENT – Terralong StreetMORE INFO: https://kiama.com.au/listings/events/kiama-street-soiree

AP’s founding partner, Garry Pinch, has built his career on taking start-up businesses from infancy to successful ventures. A combination of rain out days and COVID absenteeism is challenging the cashflow of many businesses in the building and construction industry in the Kiama region. So, what can a business owner do immediately to help cash flow concerns and what are the medium to long-term solutions? Immediate Cash Flow ReliefOrganise a temporary overdraft facility with your bank – call your bank at least one month before you need the temporary facility. Calling your bank one day before wages are due, without enough cashflow to pay employees leaves your bank with no confidence in the business owners cashflow management skills.Call the ATO for a tax payment plan on any outstanding tax and superannuation debts. The ATO will not generally grant tax payment extension plans if you have outstanding lodgements.Confirm payments terms with customers and accounts receivable; reconfirm payment plans the day before a payment is due; If payments have not been made, seek an explanation from the customer a day after payment was due.Request a loan repayment holiday from your bank for between one to 12 months whilst the business cash flow recovers. Have a clear understanding of your cash flow needs, the bank will want to see support for the period of loan repayment holiday you have requested.Seek extended credit payment terms with suppliers from 30 to 90 and 120 days or more. Most suppliers will provide extended credit terms where they have a trusted relationship with their customers.Sell assets like stock, equipment and vehicles that are in excess to exiting requirements.Reduce orders of replacement stockStand down casual employees and contractors and redeploy permanent employees to fill the vacant positions.Eliminate unnecessary expenditureSeek out any government assistance that is generally available, and ensure whether specific assistance is available for businesses in your industryDraw down on personal finance sources using non-business assets as security Medium to Long Term Cashflow relief Apply for a government supported SME guarantee loan with your bank. The interest rate and payment terms on SME guarantee loans are very favourableDon’t take on jobs with low margins or unfavourable terms, just to keep employees deployed. These jobs invariable make your cashflow position worse by not paying at all for work completed or require additional work which is outside of the scope for the initial job.Review your pricing strategy to ensure all jobs completed are profitable. Many businesses undertake marginal profit work for long term benefit, but this is not sustainable when cashflow is short.Seek out any longer-term government assistance through Industry based Grants and SubsidiesFocus on your core business and making it profitable. Consider pivots connected with your core business like online sales channels, etc. Avoid pivots into business that is not closely connected with your core businesses. Often businesses pivot to new business opportunities which are unprofitable or are a detriment to their core business.Consider simple low-cost strategies to increase sales. Increase prices. Most business owners are far too sensitive to pass on price increases. Rarely do customers leave solely due to price increases.Irrespective of the strategies you adopt to create cash flow relief, it is critical business owners measure, monitor and manage cashflow.Successful management of cashflow is a long-term constructive strategy rather than relying on luck or a perfect strategy that improves cashflow overnight. So managing your cashflow by monitoring a cashflow budget is critical. Contact Accounting Professionals for more information and your free cash flow management spreadsheet. Email: ap@accpro.com.au

Anzac Day evokes a wide range of feelings with us all. I can remember the ‘clinking’ of my dad’s medals, early in the crisp April morning and I remember later in the day, sitting captivated by the endless ABC broadcast of the Sydney march. I waited for the mysteriously named ‘Second, First Pioneers’ to pass before the camera and saw dad on TV.Historically Anzac Day also has many markers, covering individual bravery and mateship, our national unity and an ongoing legend, honour in defeat, so much sadness and an important aspect of national character.Here in our beautiful municipality, we commemorate Anzac Day in Jamberoo on Saturday with a march, in Kiama with a dawn service and a march and service afterwards and in Gerringong and Gerroa with dawn services. The flags outside the Council Chambers and at Blue Haven will fly at half-mast for the day. Details of the marches and services are listed at the end of this column. I’ll be attending several of these commemorations. I served in the early seventies with The Royal Australian Artillery. The only action I saw was a rather nasty brawl in the Dubbo Golf Club. It was strange for me to feel so ‘at home’, as such a rebellious person, in such a structured group, but I did... much as I feel today being part of your council!For those who’d like to find out more about local military history, Kiama Library’s self-guided tour lets you experience what life was like in Kiama during the First World War. Using your smartphone and the Kiama Library Tours app, you can take the 2.3 kilometre WWI tour at your leisure, stopping along the way to learn about a soldier’s story or a significant site.For instance, in 1916, 2000 soldiers at a time trained at a camp set up around the Kiama showground, then a second camp opened up. All South Coast recruits were initially trained in Kiama at these camps. One the soldiers who trained here, Private Carr, left a lovely poem but sadly was never to return. He was killed in Villers Bretonneux on 23 April 1918. He has no known grave but his words live on:We’re leaving you, Kiama, for a far and distant shoreIn a week or so we’ll say goodbye. Perhaps forever moreThe glimmer from the lighthouse that the lonely sentry seesAnd the Sunday morning church parades, when we get on our kneesThe blowhole and the motor rides we had to JamberooWill always bring sweet memories I know to me and youSo au revoir, KiamaYou have treated us right wellWe’ll think of you in Flanders and we’ll think of you in hell.Anzac Day events across the MunicipalityJamberoo (Saturday 23 April) March from 10.30am from the RSL Hall Kiama (Monday 25 April) Dawn service 5am at Blowhole PointMarch 10.30am from opposite the Old Council Chambers on Manning StKiama Bowling and Recreation Club Anzac Day service from 12.15pm.Gerringong (Monday 25 April) Dawn service 6am, eastern end of Belinda Street.Gerringong Bowling Club Anzac Day service from 11am.Gerroa (Monday 25 April) Dawn service 7am, Gerroa Boat Fishermans Club

It’s 100 days since our new council was elected, and since I took over as Mayor. Now seems a good time to pause and reflect on what I’ve learnt during this latest chapter in my council career as well as consider how I will use these insights to shape the next part of our journey.Sometimes a good look back is helpful to plan the way forward.On Australia Day I prepared my first column for The Bugle. I was keen to be the Mayor and wanted to be a collaborative and listening leader of this council.We had (and still have) art in the chamber and my office. That reminds me that creativity is a significant part of what makes Kiama a better place.As February drew on, the councillors and I visited our villages and listened and you told us what you wanted for our community with our Community Strategic Plan workshops.Come March, we put our Development Control Plan for our town centre on display...another opportunity to listen. On 23 March, councillors worked together to put flesh on the bones of our Strategic Improvement Plan.We’ve come through the worst of weather, COVID lockdowns and some serious financial shocks, all with serious consequences. There may be more to come, but I am still enjoying the role, still enjoying our talented and engaged councillors and our resilient staff.Here’s what I have learned:People are what countStrategic council business aside, at the heart of any council are the people. That’s our community, our staff and the councillors. That is why from day one, I have tried to be open and sensitive to concerns about our future. There is no value in sweeping stuff under the carpet, it’s not fair to anyone.I try to listen beyond what people are saying and sometimes not saying. I try to communicate the way ahead with as much clarity as I can. I have opened up a dialogue with all our people.As I see it, people are the real asset, they are what counts and it’s my job to empower them to achieve things they didn’t think possible.Authenticity wins every timeLike most other Mayors, I have had more than the occasional moment of self-doubt. These are very natural human fears, and if we are honest with ourselves, such thoughts occur in all of us. What helps me most at times like these is the simple knowledge that we have a great CEO in Jane Stroud, great councillors and a great community.I received good advice from a former mayor to let go of who I think I need to be and be who I actually am.Fundamentally, authenticity is when you say and do what you truly believe. That is my approach and it has served me well.Local Government – where the rubber meets the roadI’ve had a lot of conversations over the last 100 days – some fascinating, many thought provoking, some very challenging, all invaluable.We are facing some rough times ahead. There comes a time when, as the Mayor, I have to cut through the noise, weigh up the options and chart a course for the road ahead.We all must develop the ability to focus on what is and isn’t important. I think we have been more open than many thought we could be. Every Sunday, I make it a rule to let all councillors know what I’ve been up to via a weekly bulletin.I speak with the unions regularly, also those in our care at Blue Haven. I speak with our auditors, with the Office of Local Government and the minister, and to other mayors.I’ve seen the work of our finance team, currently being supported by KPMG, and realise our cash flow is not terminal. Our investments are about to be realised and although the road ahead is rocky, we’ll be OK if we remain honest and inclusive.Our Strategic Improvement Plan will be addressed in the open at our next council meeting on 12 April.Some tough decisions will have to be made, but it has been a source of inspiration to me to see people’s generosity and flexibility; this will guarantee our future.

Kiama Council is progressing with strategic work to create a sustainable future and long-term financial security, with myself and the Councillors developing a Strategic Improvement Plan (SIP).We are in early but concerted development of this Strategic Improvement Plan (SIP) and have begun work on key issues outlined in the CEO’s recent “State of the Organisation” report including: financial sustainability; organisational capability, culture and performance; and risk and governance.This plan will allow us to immediately focus on what needs to be addressed to stabilise and improve our situation. The SIP will have four focus areas: finance and costs, assets, communications and staff. Different Councillors will take the lead on different focus areas to allow them to play to their strengths and ensure nothing is missed.We are taking a proactive, transparent approach to the issues our organisation is facing. We are working as a team and we’re acting without delay to do this important work.As a first step, we have engaged major accounting firm KPMG to work with our finance team and other groups including the Audit Risk and Improvement Committee (ARIC), Blue Haven Board and Finance Advisory Board, to facilitate this process.We have also recently held workshops for the Community Strategic Plan (CSP), which is a 10-year overarching plan for the Municipality that all Councils are tasked with developing in their first six months of office.The SIP differs from the CSP in that it is a working group for issues the Councillors will tackle to ensure Council’s assets and finances can get back on track.The SIP will address urgent issues that will be the foundation of our future. We will report to the community regularly on our progress and to show our strategy has clear goals and well- defined benefit.It is likely there will be significant financial challenges ahead and some tough decisions around assets that will need to be faced. However, with the SIP, I am confident we have a robust way to undertake this work as a team, one that will ensure the best outcomes for our Council and our community.I look forward to sharing further updates with you about this work, which is an important step towards our long-term stability. As always, if you’d like to get in touch with me, email: neil.reilly@kiama.nsw.gov.au

Lately I’ve been hitting the streets for our Community Strategic Plan (CSP) workshops with councillors and staff. The focus is on the future, and we have received excellent input from the community. Sustainability, prosperity and wellbeing appears when we listen and understand the pulse and the knowledge of our own people. When people share in defining what’s next, where to and how to get there, we create our own future.There are two other vital matters on which I request your opinions. The Town Centre Development Control Plan (DCP) and the Kiama Heritage Review, both of which are currently on exhibition on council’s website.The city centre is the heart of the LGA. It should beat with people, locals and visitors alike. Our town centre must provide for the way we want to live, with shops, shade, parks and spaces for all of us. It’s a place we should want to work, live, visit and enjoy. It’s a land mark kind of place, where what “Kiama” is should be obvious for all. It should give our community something to be proud of, a place that respects our urban values and helps define us for years ahead. I urge you to have your say at: https://www.kiama.nsw.gov.au/Council/Your-say/Kiama-Town-Centre-Study-Exhibition-DCP-ReviewWhile we head for the future, let’s not forget to protect our past: the buildings and the character that make our LGA special. The structures, sites, and homes created over the years before that speak to our dairying past, our rural roots and our seaside shacks, or sandstone beauties. The architectural foundation of how our region developed is at the core of the Heritage Review.We want that past to stand tall and proud, remain viable, be used and loved and valued for all to see. We’ve added some places and some special parts of our community. Have a look and share your views and ideas about how we are protecting our heritage for tomorrow. Have your say at: https://www.kiama.nsw.gov.au/Council/Your-say/Kiama-Heritage-Review-ExhibitionThese two documents of our town’s past and future have been developed in conjunction with experts and groups from the community. Now it’s your turn to have a look and share your views and ideas about how we are protecting our heritage today, and creating a wonderful tomorrow.Your voice is important to me, I can’t wait to read your submissions, to be informed by your views and ideas and to help shape the way of our future.You can also email me at neil.reilly@kiama.nsw.gov.au or give me a call on 0408 625 359.Finally, I hope you’re all well and staying dry where possible in the recent tumultuous weather. I’d like to extend my appreciation to all the council staff who have been working to close roads where needed, clear debris, do repairs and conduct our usual cleaning, maintenance and waste collection despite the tough conditions.Thanks, and stay safe everyone.

There can no better sight for a new mayor than to see a room full of diverse people, councillors, council staff and the community they serve, working in great harmony to bring about better outcomes for the place where we live! The process of developing a Community Strategic Plan (CSP) was the reason for this sight.The CSP shares the vision and aspirations for the future of Kiama and our district and sets out the community’s long-term plan.To create the CSP, we developed workshops that centre on four themes, ENVIRONMENT, COMMUNITY, FINANCE and Council SERVICES. In these workshops, we sat around tables equipped with paper, pens and enthusiasm to capture the thoughts of participants about how they would like to see our area in 3, 5 and 10 year increments.We had an artist capture the main ideas, with very detailed notes compiled by councillors and staff.This process will lead to a very high level document which will become the community’s plan for its future. Council will have a custodial role in engaging, refining and preparing the plan on behalf of its community.We live in a very special place that offers a rare blend of beautiful natural areas and excellent recreational and business opportunities. A key challenge we face is to ensure that local development and growth complements our unique character and enhances our already strong sense of place.Our new Community Strategic Plan will become the vision of those who live here, emphasising the importance of fostering a diverse economy while protecting and enhancing our natural environment.From what I have seen and heard, the community has articulated a central role for creativity and innovation. This will play a significant part in strengthening our identity as an inclusive community that harnesses new agricultural, business and recreation opportunities that adapt well to our character.The Jamberoo CSP workshopPeople have called for increased mobility and accessibility – for improving how we get around and gain access to quality services, vibrant places and inclusive events that contribute to our connectedness and sense of wellbeing.Delivering this vision is not something we can achieve in isolation. Shared decision-making and effective working partnerships with government agencies, non-government organisations, business and, of course, our community will be critical to our success.We intend to hold more of these engaging and productive workshops, attracting the ideas of our younger community and those in our care at Blue Haven.While we face a number of challenges, we must still focus on our day to day jobs as a council. I look forward to working with you all in bringing this plan to life.

In a place as beautiful as ours, it is little wonder art and artists flourish.During this council term, we will be showcasing singers, musicians and visual artists in Council Chambers to assist this thriving, creative aspect of our community.A work by Robyn Sharp in the current exhibitionOur council meetings will be enhanced by the talents of local musicians, who will start off our meetings on the right note. At our ordinary meeting on 15 February, Penny Eastlake will be playing prior to the meeting, greeting guests and also will open our proceedings. Catch this online or in person at our chambers. We plan to have a different musical act every month.You’ll also will find Council Chambers (and my office) alive with creativity, via a rotating display of artworks. Local artists have been invited to hang their work in Kiama Council’s admin building public spaces, council chambers and the Mayor’s office. Works will be on display for a period of six weeks for council staff and the community to enjoy and, if they wish, purchase. Good for eyes, the arts and our walls.A work by Ron Knott in the current exhibitionCurrently if you visit the council building, you’ll see paintings by Robyn Sharp, Helen Pain and Ron Knott gracing our walls.Robyn Sharp has been inspired to capture the natural beauty of plants around her, pure water from the escarpment, abundant wildlife of birds and animals and the tranquillity of the rainforest.Colourful works by award winning artist Helen Pain are an impressionistic treat… vibrant and alive with colour and emotion. Her talent goes beyond her art, where Helen’s leadership of the Kiama Art Society has inspired many local artists.A work by Helen Pain in the current exhibitionRon Knott is a traveller, teacher and prolific artist. His work is inspired by the environment, its colours, textures and constantly changing surfaces. I love the whimsical touches that add a dimension of delight to his work.I believe anything that engages our creative mind helps us all to communicate and feel connected. At this time, we need that!

I am very much aware of the significance that the role of mayor carries with it, so I am conscious of the crucial need to relate to the community, make myself accessible and create an environment where all of our councillors feel comfortable to do the same.My civic journey stated about 15 years or so ago, I had the privilege to help out with Meals on Wheels. It was only a couple of hours a fortnight, but I got to see some of the magnificent wisdom and skill that resided in the minds, behind closed doors in our community. I delivered frozen meals, and that was a metaphor for what I saw. Sports people, writers, doctors, actors, artists butchers and farmers shared their ideas that were frozen in their mind until they were warmed up with magic ingredient of interest, and out they poured!That was the inciting experience that made me want to represent the Kiama community as a councillor.I had qualifications in Marketing, International Relations and served with the Australian Defence Force (ADF), but I consider my real skill was, and is, curiosity. I am interested in why things are the way they are, can they be improved and what might be the consequences of change? I reckon that there is a load of great ideas, wisdom and support in our community. As a councillor, and now as a mayor, I want to use that curiosity to unlock the power of the community to help us all.As far as the mayoral role goes, I believe that in life and in the council chamber, you can’t achieve anything worthwhile alone. I want to create an elected Council that believes we should all be our best selves and work together to achieve good outcomes for the community.Being a good councillor is not just about our opinion or stance on an issue. It is about attributes, characteristics and qualities that contribute to the short-term and long-term wellbeing of the community – now and into the future.I believe there are a number of attributes a mayor should have: the ability to build relationships and be a team player, emotional maturity, approachability, critical thinking skills and a willingness to listen. I will work hard to achieve those attributes.With all this in mind, I plan to make myself directly available to hear from and speak to you, the Kiama community, throughout my term as mayor. I will let you know when I’ll be holding these open-discussion sessions via the Kiama Council website and Kimunico e-newsletter.In the meantime, you can contact me via phone or email or, once it is COVID-safe to do so, make an appointment to come and speak to me in person.https://www.kiama.nsw.gov.au/Council/Mayor-and-Councillors/Mayor-Neil-Reilly

The NSW Court of Appeal recently ruled against pet bans by owners’ corporations in their strata by-laws. In the case of Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 the NSW Court of Appeal unanimously determined that a by-law imposing a blanket prohibition on the keeping of animals in a strata scheme contravened Section 139(1) of the Strata Schemes Management Act 2015 (NSW) and was therefore invalid.Section 139 places restrictions on the types of by-laws that may be adopted by strata schemes. It states that a: “By-law cannot be unjust. A by-law must not be harsh, unconscionable or oppressive.”Such a by-law may be invalidated by the NSW Civil and Administrative Tribunal under section 150 of the Act.The matter was brought before the Tribunal by occupants (the Coopers) of the Horizon apartments in Darlinghurst who reside with their miniature schnauzer, Angus.  The Horizon owners’ corporation had adopted a by-law that imposed a ban on the keeping of animals in the complex (with the exception of assistance animals).  Proceedings were instigated after the Coopers failed to have the by-law repealed. The owners’ corporation then commenced proceedings to have Angus permanently removed from the complex.The Coopers lodged a cross-application against the owners’ corporation challenging the validity of the by-law, which ultimately lead to a Tribunal decision that the “facts do not support a conclusion that Section 139(1) has been contravened and should be declared invalid”.The Coopers appealed the Tribunal’s decision in the NSW Court of Appeal, which handed down its decision in October, 2020. The Court held that the by-law banning pets was "harsh, unconscionable, or oppressive" because “it prohibits an aspect of the use of lots in the strata plan that is an ordinary incident of the ownership of real property, namely, keeping a pet animal” and such a prohibition "could not, on any rational view enhance or be needed to preserve the other lot owners' enjoyment of their lots and the common property”. It was said that an animal could be kept in an apartment building such as the Horizon without creating the least interference with other lot owners and a by-law which prohibits the keeping of animals “across the board without qualification or exception for animals that would create no hazard, nuisance or material annoyance to others” is oppressive and impinges on a lot holders’ use of their real property in a respect that is unjustified.

RMB Lawyers’ Local Government Coordinator OLIVIA YEATMAN discusses the implications of an existing land use case, Saffioti v Kiama Municipal Council [2018] NSWLEC 1426, in the NSW Land and environment Court: We have recently acted for a respondent consent authority in a series of cases in the Land and Environment Court (LEC) in relation to existing use rights and the meaning of 'derogation' from an applicant’s existing use rights.  The applicant commenced Class 1 proceedings in the LEC seeking to appeal the deemed refusal of her development application by Kiama Municipal Council.  The proposed development consisted of construction of a new dwelling, including residence and garage, shed and guest sleeping pavilion, decommissioning of an existing dwelling, decommissioning of an existing dwelling and provision of asset protection zones, a wastewater treatment facility and power/communications services. The majority of the proposed development, including the new dwelling were intended to be located on that part of the land zoned E2 Environmental Conservation pursuant to Kiama Local Environmental Plan 2011 (KLEP 2011). 'Dwelling houses' were prohibited on that part of the land zoned E2 Environmental Conservation. Separate preliminary question Acting Justice Molesworth presided over the earlier judgment on the separate preliminary question and found that existing use rights applied to the proposed development in accordance with the provisions of clause 42 of the Environmental Planning and Assessment Regulation 2000. In these proceedings, Commissioner Chilcott was required to consider and come to a determination on the meaning of 'derogate' and its application to the proposed development. Derogation Sections 4.65, 4.66, 4.67 and 4.68 of the Environmental Planning and Assessment Act 1979 (EP&A Act) set out the existing use rights provisions. Specifically, section 4.67 of the EP&A Act states: (1) The regulations may make provision for or with respect to existing use and, in particular, for or with respect to— (a)  the carrying out of alterations or extensions to or the rebuilding of a building or work being used for an existing use, and(b)  the change of an existing use to another use, and(c)  the enlargement or expansion or intensification of an existing use.(d)  (Repealed) (2) The provisions (in this section referred to as 'the incorporated provisions') of any regulations in force for the purposes of subsection (1) are taken to be incorporated in every environmental planning instrument. (3) An environmental planning instrument may, in accordance with this Act, contain provisions extending, expanding or supplementing the incorporated provisions, but any provisions (other than incorporated provisions) in such an instrument that, but for this subsection, would derogate or have the effect of derogating from the incorporated provisions have no force or effect while the incorporated provisions remain in force. (4) Any right or authority granted by the incorporated provisions or any provisions of an environmental planning instrument extending, expanding or supplementing the incorporated provisions do not apply to or in respect of an existing use which commenced pursuant to a consent of the Minister under section 4.33 to a development application for consent to carry out prohibited development The applicant argued that section 4.67(3) of the EP&A Act should be applied such that any provision or standard of KLEP 2011 or Kiama Development Control Plan 2012 (KDCP 2012) that would have the effect of prohibiting the proposed development or presented a control that could not be satisfied should have no effect. In the alternate, the respondent argued that the provisions of KLEP 2011 and the development control plan that applied to the proposed development did not derogate from the applicant’s existing use rights as they did not prevent the applicant from making a development application. However, whilst the relevant provisions did not prevent the making of a development application, the respondent was still required to carry out an assessment of the proposed development against those relevant provisions.Outcome Commissioner Chilcott held in the respondent’s favour in relation to submissions on derogation and the case overall. In his judgement, Commissioner Chilcott concurred with the following comments of Justice Sheahan in oOh! Media Assets Pty Ltd v Council of the City of Sydney [2016] NSWLEC 47: “I accept that the existing use rights are limited to the use of the structure, that is for displaying signage rather than the structure itself. This has a significant impact on the assessment of the impacts of the proposed sign. In accepting that the signage rather than the sign structure, has existing use rights, the general approach of the council experts that any s79C assessment must be made on the sign is a new structure and currently applying controls is the correct approach.” The decision of Commissioner Chilcott was later confirmed by Chief Justice Preston in Saffioti v Kiama Municipal Council [2019] NSWLEC 57. When preparing a development application, applicants should be aware that whilst their site may enjoy existing use rights, the consent authority must undertake an assessment of the proposed development in accordance with section 4.15 (previously section 79C) of the EP&A Act. 

If you have suffered a psychological injury after the death of a close family member in an accident you could be entitled to compensation for the loss and damage you have suffered. RMB Compensation Lawyer MELISSA PACHECO explains how nervous shock claims work.For the purposes of what are commonly known as nervous shock claims, a "close family member" is defined by law to be a parent or other person with parental responsibility; spouse or partner; child, stepchild, or person for whom the victim has parental responsibility; and siblings.  Where that relationship exists, the next question to consider is whether the person bringing the claim has suffered a recognisable psychiatric illness, such as post traumatic shock disorder (PTSD), depression, anxiety, adjustment disorder and other personality disorders. Distress, grief and shock as a normal response to a particular event do not typically constitute a psychiatric illness. Your lawyer will need to seek an opinion from a medical expert that a recognised psychiatric illness exists. Without that opinion, the entire claim will fail. Negligence on the part of the wrong-doer must also be established. In a motor vehicle accident, for example, there must be fault on the part of another party or driver. The claim is then lodged against the Compulsory Third Party (CTP) insurer of that person/driver at fault.Where there is no CTP insurer, the claim is made against the Nominal Defendant. If a person gets killed in an accident at work (and they are under the care of a third party), at a public site, by a faulty product or because of failed medical treatment, that same type of claim may be available where there exists a duty of care and negligence that causes or materially contributes to a person’s psychological injury.  Such claims are governed by the Civil Liability Act 2002. Should they satisfy the relevant criteria, the person bringing the claim would be entitled to compensation for pain and suffering and past and future wage loss, medical and treatment expenses, care and domestic assistance. The Motor Accidents Injuries Act 2017 applies to legally defined motor vehicle accidents and is more restrictive in terms of what a person can claim. Statutory benefits, including income benefits and treatment expenses, are available immediately. A claim for lump sum damages may also be available, (generally two years post-accident). It also includes compensation for pain and suffering (if the impairment threshold is met) and past and future wage loss.  

Caveats may be lodged over property in certain circumstances by people who are owed money by the landowner. However, as RMB Property Lawyer Tanya Emmett explains, strict conditions apply.A caveat is a statutory injunction lodged with Land Registry Services that prevents the registration of subsequent dealings or plans on the title to the land. It acts as a warning that somebody has an interest in the land. A person who lodges a caveat on title is known as a ‘caveator’. Once a caveat is recorded on title, new dealings can only be recorded if the caveat is removed or by obtaining the caveator’s written consent. A caveat can be removed by lapsing, by court order or if it is formally withdrawn.Caveats are commonly sought to prevent the sale of land. An owner of land with a caveat recorded on its title could only complete the sale if the caveat is removed. A person owed money could use this action to demand the debt be repaid from the proceeds of sale. Caveats can be an effective way of protecting rights under an agreement and can be relatively straightforward. However, it is also easy to get it wrong.To lodge a caveat, you need to establish that you have a ‘caveatable interest’ in land – a legal or equitable (proprietary) interest. Being owed money is not of itself sufficient reason. There must be a written agreement containing a condition expressly charging the debt to the land. The Real Property Act prescribes those permitted to lodge a caveat and procedural requirements which must be satisfied before the Registrar-General will accept the lodgement of a caveat.In particular, it provides that a caveat must specify prescribed particulars of the legal or equitable estate or interest to which the caveator claims to be entitled. These include:The manner in which the estate or interest claimed is derived.Details of the nature and date of an agreement if the caveator’s claim is based on a written agreement.Details of the amount of the debt or other sum of money charged on the land. A person who lodges a caveat without a caveatable interest in the land can be made liable to pay compensation to the landowner for any loss that they suffer as a result.  A landowner can formally object to the caveat by commencing legal proceedings in the Supreme Court.

Businesses often find that clients fail to pay their invoices by the due date. RMB Specialised Commercial Lawyer, Michael Lewis, discusses the legal action businesses can take if they are having trouble with late payments.Payment of invoices in a timely manner is critical for a business and its cashflow. So what can you do when your client won’t pay an invoice?Most businesses start by sending email reminders or give the client a call to request urgent payment. They may give the client every opportunity to pay, but in return may be given every excuse under the sun why the client can’t pay now but will pay soon.We recommend that businesses or individuals engage the services of a solicitor to draft and send a letter of demand.This letter is a final demand for payment before taking legal action. It outlines the outstanding debt, specifies a timeframe in which the debt must be paid (usually 14 days) and states that where payment is not received within the timeframe specified, that the party owed money (creditor) will commence court proceedings for recovery of the debt, any legal costs and interest.We often find that a letter of demand on a solicitor’s letterhead is an effective way to convey the seriousness of the matter to the debtor and to encourage prompt payment of the debt.After having received a letter of demand the debtor may:Pay the debt in full;Request that they enter into a repayment plan; orFail to pay the debt.We highly recommend that a repayment plan be formalised through a written and signed agreement.Where a debtor fails to pay within the timeframe specified, you can commence proceedings in the local court by filing a Statement of Claim and serving it on the debtor. This outlines the details of the creditor (the plaintiff) and the debtor (the defendant). In a Statement of Claim the plaintiff must plead their cause of action and must particularise their claim.Solicitors at RMB Lawyers are skilled in preparing court documents and can assist by drafting a Statement of Claim on your behalf.Importantly, you must serve the Statement of Claim on the defendant correctly, depending on whether the debtor is an individual or a company. You should seek legal advice to determine how to validly effect service on the defendant.RMB Lawyers can assist businesses who are having issues with late payments.

A new State Environmental Planning Policy (SEPP) aims to facilitate the delivery of diverse housing that meets the needs of the State’s growing population and supports the development of a build-to-rent sector. RMB Planning Lawyer Tanya Emmett explains:The proposed Housing State Environmental Planning Policy (Housing SEPP) will consolidate three current SEPPs and update some planning provisions in response to community, council and industry concerns about the existing framework relating to seniors, social and affordable housing developments.The new SEPP also aims to streamline the planning framework and to ensure that it is well placed to encourage investment and to respond to the increasing need for social and affordable housing in NSW.Three new diverse housing types – build-to-rent housing, student housing and co-living – are being introduced to provide more housing options. The proposed changes were set out in an Explanation of Intended Effect (EIE), which was placed on exhibition between July and September last year. Key stakeholders made 270 submissions about the proposals.The proposed changes are set to be rolled out in phases with some changes to social and affordable housing provisions commencing late last year and the introduction of build-to-rent housing into the NSW planning framework commencing early this year. The balance of the reform package will be rolled out after further consultation between the State government and key stakeholder groups.Build-to-rentThe SEPP Amendment (Build-to-Rent Housing) 2021 was implemented in February. Many existing policies were amended by this SEPP to enable the introduction of this new type of housing into the current planning system. The SEPP was implemented earlier than anticipated as part of the State government’s response to the pandemic and to accelerate projects that support employment and economic development.Build-to-rent is a new housing typology that has been in place overseas for a number of years.It is purpose built residential housing, which is kept in single ownership and provides on-site professional management. The product is said to offer renters security (longer term leases) and flexibility, allowing tenants the ability to move within the same owner’s portfolio as their needs change or families grow. Build-to-rent developments focus on communal and shared amenities, with offerings varying depending on location and need.Build-to-rent developments are permissible in zones where residential flat buildings are currently allowed, as well as in commercial core and metropolitan centre zones where residential developments are not currently permitted.