Community Update

Dear Community Member,

We hope this email finds you well, and we want to express our acknowledgement of the concerns raised regarding the recent street lighting activation in the Alexandrina Estate and Pelican Waters land divisions in Clayton Bay.

This communication has been sent to all residents who have made enquiries regarding the recent street lighting activation in Clayton Bay. However, we would like to distribute it further in preparation for the upcoming Information Session this coming Monday 5 June, 7:15pm (RSVP here). We are excited to also welcome Chris Tugwell (Chairman, Mid Murray Landcare SA & River Murray International Dark Sky Reserve) to join us and provide firsthand experience and information on Dark Sky Accreditation.

Please take some time to digest the information and understand the complexities of the situation so that a productive and respectful meeting can be held with the community and our external volunteer panel members.

We apologise for any unease this may have caused, however the catalyst for this recent activation of lighting has involved a series of events and multiple stakeholders over a number of years along with a raft of legislation to navigate.

We feel that it is important for all community residents to understand the timelines and reasons leading up to the activation of street lighting and that the decision followed a number of considerations, processes and advice.

In addition, Council are currently working with specialist lighting consultants and engineers to look at options to further reduce the lighting impact whilst maintaining a degree of legislated compliance.

History and timelines

The original Clayton Bay township was established at a time when modern lighting standards had not yet been developed and as such no lighting plan exists for this area.

In contrast, the newer land divisions of Alexandrina Estate (1985) and Pelican Waters (2006), were designed and built to current design guidelines adhering to the Australian/New Zealand Standard 1158 series.

Following handover of the Pelican Waters Estate from the developers to Council, the lighting that had been installed as per the design was energised.

Community concern was then raised with Council regarding the lighting and legal advice was sought to understand Council’s position, obligations and potential consequence of knowingly contradicting Australian Standards by deactivating the lights.

The legal advice advised against de-activation, however given the low level of residential development at the time, the risk was considered low. A report was then presented to the elected body at the time who resolved to keep the lighting de-energised whilst the level of residential occupancy remained “low”. Council then engaged the Asset Owners, SA Power Networks (formally ETSA) and advised them of the Council Resolution to de-activate the lights until further notice.

The Council resolution at the 3 December 2007 meeting (ACF07617) is detailed below;

1. Generally support a “no street lights” policy in Clayton Bay for the time being
2. Confirm that the three (3) existing street lights in the area of the township south of and on Alexandrina Drive shall remain activated.
3. Confirm that new lights within the new 'Pelican Waters' development remain unactivated while no or few dwellings exist here.
4. Request ETSA to switch off five (5) lights in Alexandrina Drive that were activated as part of the new 'Pelican Waters' development.
5. Review street lighting in Clayton in twelve (12) months time (or earlier if called on by the Community or members of the Community) to assess the level of new building activity and the demand or requirement for street lighting.

In 2019, SA Power Networks long standing Asset Manager retired and was replaced with a new incumbent who was not made aware the 2007 Council Resolutions relating to Clayton Bay.

At the same time new residents to the Pelican Waters Estate reported “faulty” street lights to SA Power Networks requesting them to be turned on. Following a site inspection by SA Power Networks, all street lights were reported as in-active and with the new Asset Manager unaware of the existing agreement, the lights were energised.

Council then received notification from concerned residents and made contact with SA Power Networks to advise of the 2007 resolution, SA Power Networks agreed to temporarily de-activate the lights to allow Council to consult with the community, however expressed concerns and recommended that a lighting audit be undertaken.

In 2019 Council undertook consultation with the Clayton Bay Community to obtain feedback and confirm the community’s position on lighting and understand any concerns or aspirations.

To address these concerns, Council then sought the expertise of an external lighting consultant. Their road lighting audit of Clayton Bay reported that the deactivation of lighting assets left the town non-compliant with any lighting standard. Out of the 42 lighting assets installed, only 12 were operating within the entire township.

It is important to note that as road managers, Councils hold a responsibility for the provision of street lighting on roads under their care and control. Legal advice received in 2007 and again in 2019, highlights the importance of maintaining the road lighting network as it was originally designed and constructed. Neglecting this responsibility increases the risk of claims and may jeopardise insurance agreements managed via the Local Government Association Mutual Liability Scheme.

The audit report recommended a total of 180 24W Street LED's be installed throughout the township by the lighting consultant. Confirmed by the recent consultation, Council’s understanding of the community’s desire for minimal lighting was apparent and only the modern land divisions, namely Alexandrina Estate and Pelican Waters, which were designed and constructed to meet the current lighting design standards were considered further.

To ensure all options had been considered and prior to presenting the audit report to the elected body for a decision on the energising of lights, Council again sought legal advice to understand our obligation and options. Unfortunately, this advice was even more resounding than the 2007 advice stating that all road lighting where it is installed should be functioning and energised. The legal advice and road lighting audit were then presented on the 18 July 2022 to the elected body who, based on the advice, resolved to the following;

1. That Council approve the procurement, installation, and activation of 58 (fifty eight) Sylvania Street LED MK3 in a 3,000 Kelvin (warm tone colour temperature) at a cost estimate of $50,000 and an ongoing tariff cost of $3,536.84 per annum with SA Power Networks who will also manage faults, maintenance and replacement.
2. That Council undertakes community consultation, in accordance with Council's Public Consultation Policy, with the Clayton Bay residents and Clayton Bay Community Association Inc. to determine the level of support to create a community committee to facilitate the application process and manage a Dark Sky Community in Clayton Bay.
3. That the results of the community consultation be presented to Council after the November 2022 Council elections.

In May 2023 the new streetlights in Clayton Bay were switched on by SA Power Networks.

Whilst the lighting that has been selected is the most non-invasive, softest tone available that meets Australian Standards and Dark Skies compliance, Council will continue working with lighting specialists, engineers, our insurers and the community to find solutions and options to further minimise the lighting impact. These may include additional shielding, smart lighting (remote dimming, timed deactivation etc) or possible de-activation of some of the lower risk lights.

We genuinely appreciate your patience and understanding throughout this process. Our main goal is to prioritise your safety and well-being whilst considering compliance, risk and the unique characteristics and aspirations of Clayton Bay.

Draft Annual Business Plan and Budget Roadshow Event & Dark Sky Information Session and Consultation

We are pleased to invite you to two events on Monday, June 5, 2023:

Event 1: Draft Annual Business Plan and Budget Roadshow Event
Date: Monday, June 5, 2023
Time: Commencing 6pm – 7pm
Location: Clayton Bay Community Hall

The first event will centre around the presentation and discussion of our Draft Annual Business Plan and Budget. It offers a unique opportunity for you to gain insights into our planned initiatives, projects, and financial allocations for the forthcoming year.

We highly value your input and feedback, as they will significantly contribute to shaping the final version of this pivotal document.

If you are unable to attend, view the presentation, key documents and submit your feedback online at https://mysay.alexandrina.sa.gov.au/abp2023-24

Event 2: Dark Sky Information Session and Consultation
Date: Monday, June 5, 2023
Time: Commencing 7:15pm
Location: Clayton Bay Community Hall

The event will be an informative Dark Sky Information Session and Consultation.

Join us for a panel presentation on what’s involved in obtaining Dark Sky accreditation and if it were something the community would like to pursue. We will discuss the role Council and the Community could play in supporting Clayton Bay’s low-light ambitions now and into the future.

Council extends a warm welcome and attendees will be asked to show respect and kindness to create an inclusive environment where everyone feels valued and safe.

Refreshments (coffee, tea and biscuits) will be kindly provided by the Clayton Bay Community Association.

For those unable to attend, please find all relevant documents and updates on https://mysay.alexandrina.sa.gov.au/clayton-bay-dark-skies as well as expression of interest to join the Clayton Bay Dark Sky Accreditation Committee.

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