Probity Report into Batemans Bay Masterplan confirms planning flaws

The independent probity review into the development of the draft Batemans Bay Masterplan has been made public today revealing flaws in the planning process.

The probity report was commissioned after considerable push back from the community, exposing concerns about the rationale and assumptions of the plan.

Council received a Question on Notice (QON25/001) from Councillor Mayne on 15 May 2025. In their response to the Question on Notice at the 27 May 2025 Ordinary Meeting of the Council, the Council advised that they were “seeking to commission a probity report”. Centium was subsequently engaged on 18 August 2025 to prepare the probity report.  The report was due in October 2025.

Eurobodalla Shire general manager Mark Ferguson said “Much of the draft plan did not align with community expectation. There were perceived conflicts of interest between Council’s dual roles as landowner and planning decision maker, challenges to evidence supporting building heights and density and population and dwelling data, and concern about a lack of climate-resilience planning,” Mr Ferguson says.

“In these circumstances, commissioning a probity report is best practice. We have that now. It includes a range of recommendations to improve the plan, many of which align with community feedback from the draft’s public exhibition.”

The probity report is available on Council’s website and will be considered at an extraordinary meeting of Council on Tuesday 10 March.

Mr Ferguson says Council staff have taken onboard community concerns and suggestions and will combine these with recommendations from the probity report to lay out clear options for the plan before future decisions are made.

“More community workshops, under an independent facilitator, will be held next month and Council’s planners are working with consultants to prepare the technical reports informing the next draft. Maximum building heights will be reduced in response to community feedback,” he says.

Scope of the Probity Report

The Probity Report has assessed:

• The governance and decision-making processes underpinning the draft Masterplan.
• The alignment of the Masterplan with Council’s existing strategic documents (e.g., Climate Action Plan, Coastal Management Program, flood studies).
• The integrity and transparency of community and stakeholder engagement.
• The rationale and justification for proposed building height increases and land use changes.
• The handling of potential conflicts of interest, especially given Council’s dual role as landowner and planning authority.

The findings of the report included:

1. Inception and governance of the masterplan exercise appears to be informal without reasons for the need for an updated master plan (the Batemans Bay Town Centre Structure Plan – the previous master plan – was adopted by the Council in 2008) and clear direction being provided either by the Council or the General Manager.
2. Information on the outcome of community engagement – vision for Batemans Bay, community concerns and issues – and how these were considered in the development of the draft Batemans Bay Masterplan 2025 was not made available to the Review.
3. The draft Masterplan horizon of 75 years is extremely long in comparison to typical master planning horizons of 25 – 30 years
4. Estimated resident population projections are not supported by past experience and also by general overall trends observed Australia-wide.
5. The studies and other documents reviewed indicate that the proposed height increase (ref: [redacted] Height and density study August 2024) did not take into account the associated geotechnical, environmental and climate risks.
6. The draft masterplan has not considered any potential future limitations on current infrastructure (water, sewerage, power, telecommunications etc).
7. The draft Masterplan has not taken into account geo-technical feasibility of the plan to assess developability of the site.
8. The draft Masterplan has not considered the impact of climate change and coastal erosion, and the limitations on masterplan options as a consequence of management actions by the Council, and State and Commonwealth Governments.
9. The Masterplan does not elaborate on or explain variances between expert studies and recommended settings in the plan.
10. Council’s potential conflict of interest with respect to the former bowling club site at 2 Vesper Street is satisfactorily resolved by excising this lot from the draft Batemans Bay Masterplan and considering it separately under a planning proposal.

The Review recommends:

After submissions to the draft Batemans Bay Masterplan are considered, a revised Masterplan be exhibited to the community and stakeholders. This revised Masterplan should include:

1. A Council endorsed direction for the preparation of the Masterplan covering reasons for the need to prepare a masterplan, planning time horizon and governance arrangements for the project.
2. An explanation for the adopted increased population growth rate and number of dwellings that the masterplan will need to address.
3. Consideration of climate change impacts including bushfire risk and coastal management (Batemans Bay Urban Creeks Flood Study and the risk management study and plan).
4. Infrastructure services limitations (if any) for all utilities (water, sewerage, waste, energy, telecommunications).
5. Geo-technical limitations impacting developability of land (i.e. specified lots can be made suitable for the intended use). 6. Clear description of the approach to be adopted for the development of the former bowling club site at 2 Vesper Street, including consideration of alternative uses for the site.

Mr Ferguson said Council is taking a more structured approach to consultation and coordination of all future planning work, both among its own teams and with relevant stakeholders.

“While long planning horizons help align planning with climate change and coastal studies – these typically look ahead to 2100 – we need to keep and explain shorter-term changes as a priority,” Mr Ferguson said.

“We’re committed to working with the community to refine a clear and achievable long-term masterplan for Batemans Bay.”

As Council-owned land at 2 Vesper Street – the former bowling club site – has been removed from the masterplan, the probity review did not identify any conflicts of interest. Future planning decisions for that site will proceed separately. For more information visit Council’s Batemans Bay Masterplan: shaping a vibrant future webpage.