Liverpool City Council

Business Paper

 

 

 

 

Council Agenda

 

 

 

 

 

 

 

 

Ordinary Council Meeting

30 April 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Francis Greenway Centre

170 George Street

Liverpool


Description: LCC_bw_logo 

 

 

 

 

 

 

 

 

 

 

 

 


You are hereby notified that an Ordinary Council Meeting of Liverpool City Council will be held at the Francis Greenway Centre, 170 George Street, Liverpool on Wednesday, 30 April 2014 commencing at 6.00pm. Doors to the Francis Greenway Centre will open at 5.45pm.

 

Liverpool City Council Meetings are taped for the purposes of minute taking and record keeping.  If you have any enquiries please contact Council and Executive Services on 9821 9237.

 

 

 

Rob Noble

ACTING CHIEF EXECUTIVE OFFICER

 

 


 

 

 


Order of Business

 

                                                                                                              PAGE     TAB

Opening

Prayer

Apologies 

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 26 March 2014.................................................................. 5

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Notices of Motion

NOM 01          Communication with Councillors.................................................................... 77......... 1

NOM 02          Sale or Purchase of Council's Property Portfolio........................................... 79......... 2

Motions of Urgency

NIL

Independent Hearing and Assessment Panel Report

IHAP 01          Construction of a four storey commercial building as an educational establishment, installation of signage at 28 Memorial Avenue, Liverpool.............................. 81......... 3

IHAP 02          Demolition of two dwellings,multi-dwelling housing development, community title subdivision at 13 & 15 Continua Court, Wattle Grove.................................... 87......... 4

IHAP 03          Alterations and additions to the existing dwelling, a carport and two lot Torrens title subdivision at 29 Templeton Crescent, Moorebank..................................... 110......... 5

IHAP 04          Torrens title subdivision at 31 Dale Avenue, Liverpool (Cnr Dale Avenue and St Pauls Crescent)...................................................................................................... 115......... 6

IHAP 05          Two lot Torrens title subdivision of proposed Lot 4003 created in DA-1964/2012 at 1962 Camden Valley Way, Edmondson Park....................................................... 121......... 7

IHAP 06          Demolition, construction of three dwellings and Torrens title subdivision at 46-48 Verbena Avenue, Liverpool......................................................................................... 127......... 8

Acting Chief Executive Officer Report

NIL

Executive Director Report

NIL

Strategy and Executive Report

NIL

Business Excellence Report

GMBE 01       Statutory Investment Report March 2014.................................................... 132......... 9

City Presentation Report

NIL

Community and Culture  Report

GMCC 01       Use of Recreation and Open Space by For Profit Businesses and Schools 144       10

GMCC 02       Quarterly Report on Compliments and Complaints..................................... 154....... 11

GMCC 03       Public Library Funding Campaign................................................................ 157....... 12

GMCC 04       Expression of Interest EOI2334 Naming Rights for Carnes Hill Leisure Centre 160   13

 

Economy and Engagement Report

GMEE 01       Community Donations, Grants and Sponsorship......................................... 163....... 14

Governance Report

GMGO 01      Acquisition of Lot 9 DP 1168653 Merlin Street, Middleton Grange for Drainage and Open Space Purposes............................................................................................ 175....... 15

GMGO 02      Proposed closure and transfer of a temporary road, Lot 12 DP 1168716, off Flynn Avenue, Middleton Grange to the original subdivider  ................................. 178....... 16

GMGO 03      Review of the Code of Meeting Practice..................................................... 182....... 17

Infrastructure and Environment Report

GMIE 01         Contract WT2292 - Public lighting Works at Bernera and Kurrajong Roads, Prestons 185                                                                                                                         18

GMIE 02         Tender WT2273 - Construction of Culvert at Creek Crossing, Pacific Palms Circuit, Hoxton Park.................................................................................................. 187....... 19

Planning and Growth Report

GMPG 01       Amendments to the Liverpool Bush Fire Prone Land Mapping 2014........... 190....... 20

GMPG 02       Draft Amendment 15 to the Liverpool Development Control Plan 2008...... 196....... 21

GMPG 03       Draft Amendment 34 to LEP 2008 - Rezoning of 501 Cowpasture Road Len Waters Estate and adjacent crown road reserve from IN2  to B6 ........................... 204....... 22

GMPG 04       DCP Amendment 16 - Solar Panel Clause ................................................. 211....... 23

GMPG 05       Changes to the Independent Hearing and Assessment Panel Charter and Procedure 235                                                                                                                         24

 

 

Committee Reports

CTTE 01         Minutes of the Aboriginal Consultative Committee
Meeting held on 5 March 2014 .................................................................... 248....... 25

CTTE 02         Warwick Farm Steering Committee Minutes of Meeting from 4 March 2014 253      26

CTTE 03         Minutes of Liverpool Youth Council meeting held on 4 March 2014............ 259....... 27

CTTE 04         Minutes of the Liverpool Access Committee 13 March 2014...................... 264....... 28

CTTE 05         Minutes of the Budget and Finance Committee .......................................... 269....... 29

CTTE 06         No Intermodal Committee Meeting Minutes of 4 March 2014 and 1 April 2014 273   30

CTTE 07         Street Naming Committee Meeting Minutes - 1 April 2014.......................... 285....... 31

CTTE 08         Heritage Advisory Committee Minutes 1 April 2014.................................... 292....... 32

CTTE 09         Minutes of Economic Development Committee meeting held 2 April 2014 299....... 33

CTTE 10         Minutes of Tourism and Events Committee meeting held 2 April 2014....... 308....... 34

CTTE 11         Local Traffic Committee Minutes of Meeting Held on 19 March 2014........ 316....... 35

CTTE 12         Minutes of Liverpool City Centre Revitalisation Committee meeting held 2 April 2014 321                                                                                                                         36

CTTE 13         Master Planning Steering Committee Minutes - 19 March 2014 ................ 328....... 37

CTTE 14         Liverpool Sports Committee Minutes of Meeting 28 November 2013......... 330....... 38

Correspondence Reports

CORR 01       Incoming and Outgoing Correspondence Report......................................... 339....... 39

Questions with Notice

QWN 01         Question with Notice - Clr Stanley................................................................ 349....... 40

QWN 02         Question with Notice - Clr Shelton................................................................ 351....... 41

QWN 03         Question with Notice - Clr Stanley................................................................ 353....... 42

QWN 04         Question with Notice - Clr Shelton................................................................ 356....... 43  

Questions Taken on Notice

Presentations by Councillors

Close

 


 

 

 

 

 

 

MINUTES OF THE Ordinary Meeting

HELD ON 26 March 2014

 

 

PRESENT:

Mayor Ned Mannoun

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Harle

Councillor Karnib

Councillor Mamone

Councillor Ristevski

Councillor Shelton

Councillor Stanley

Councillor Waller

Mr Farooq Portelli, Chief Executive Officer

Ms Julie Hately, Executive Director

Ms Toni Averay, Acting Executive Director

Ms Billie Sankovic, Group Manager Strategy and Executive

Mr Mathew Walker, Group Manager Business Excellence

Ms Kiersten Fishburn, Group Manager Community and Culture

Mr Gino Belsito, Group Manager City Presentation

Ms Nadia Napoletano, Group Manager Governance

Mr Michael Cullen, Group Manager Economy and Engagement

Mr Raj Autar, Group Manager Infrastructure and Environment

Ms Carole Todd, Acting Group Manager Planning and Growth

.

The meeting commenced at 6:06pm.

 

 

OPENING                              6:06pm

PRAYER                               The prayer of the Council will be read by Paster Gaby Eid from Arabic Christian Church, Liverpool .

APOLOGIES                         Nil

CONDOLENCES                Nil

Confirmation of Minutes

 

That the minutes of the Extraordinary Meeting held on 25 February 2014 be confirmed as a true record of that meeting.

 

Motion:  Moved:          Clr Hadid            Seconded: Clr Mamone

On being put to the meeting the motion was declared CARRIED.

Declarations of Interest

Nil

Public Forum

(Presentation – items not on agenda)              Nil

 

(Representation – items on agenda)

1.      Mr Gerard Turrisi addressed Council on the following item:

 

Item – GMPG 09      Development application DA-1024/2013: Alterations and additions to existing dwelling - Lot 67 DP 657033 - 40 Newbridge Road, Chipping Norton.

 

2.      Mr Vlatko Nedelkoski addressed Council on the following item:

 

Item - NOM 09         Sv. Arhangel Gavril.


 

Notices of Motion

ITEM NO:      NOM 01

FILE NO:        034949.2014

SUBJECT:     Solar Panels

 

NOTICE OF MOTION

 

That Council:

 

1.       Receives a report at its meeting in April 2014 which discusses the addition of controls into the Liverpool DCP to address the installation and placement of solar panels.

 

2.       Makes the necessary recommendations for the implementation of these changes.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Stanley              Seconded: Clr Waller

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED


 

ITEM NO:      NOM 02

FILE NO:        049349.2014

SUBJECT:     Discuss Council’s Tree Planting Strategy

 

NOTICE OF MOTION

 

That Council discuss the Tree Planting Strategy.

 

COUNCIL DECISION

 

Motion:                         Moved: Mayor Mannoun                        Seconded: Clr Mamone

 

That the matter be referred to the City Revitalisation Committee for their consideration.

 

On being put to the meeting the motion was declared CARRIED.


 

ITEM NO:      NOM 03

FILE NO:        052547.2014

SUBJECT:     Commending staff for International Women’s Day event

 

NOTICE OF MOTION

 

That Council commends the Group Manager Community and Culture and her team and everyone involved on a job well done in organising the International Women’s Day event on

Friday 7 March 2014.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Hadid                 Seconded: Clr Waller

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

 


 

ITEM NO:      NOM 04

FILE NO:        053412.2014

SUBJECT:     Closing Times of Ordinary Meetings of Council

 

NOTICE OF MOTION

 

That Council amends the Code of Meeting Practice by inserting the following after 5 (2) "without the possibility of further extension beyond 10:00pm" at page 7 under Ordinary meetings of Council.

 

COUNCIL DECISION

 

Motion:                         Moved:      Clr Stanley                   Seconded: Clr Hadchiti

 

That Council:

 

1.      Amends the Code of Meeting Practice by inserting the following after 5 (2) "without the possibility of further extension beyond 10:00pm" at page 7 under Ordinary meetings of Council.

 

2.      Amends the order of business to allow for IHAP and DA matters requiring the determination by Council to be considered consecutively.

 

On being put to the meeting the motion was declared CARRIED.

 


 

ITEM NO:      NOM 05

FILE NO:        057315.2014

SUBJECT:     Street Lighting in the CBD

 

NOTICE OF MOTION

 

That council:

 

1.   Direct the CEO to conduct a monthly audit, using existing staff resources, on what street lights are not working in the CBD and report them to the appropriate responsible authorities. For the purpose of this motion the CBD is defined by:

 

-   Starting from the intersection of Moorebank Ave and Newbridge Road leading to Terminus St and Lighthorse Bridge

 

-   Bounded by Copeland St to the west and Campbell St to the north Terminus to the south and Bigge St the east including Lighthorse Bridge

 

2.   Provide a monthly report to Councillors on the outcomes of the audit.

 

COUNCIL DECISION

 

Motion:                         Moved: Mayor Mannoun                        Seconded: Clr Hadid

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 


 

ITEM NO:      NOM 06

FILE NO:        057335.2014

SUBJECT:     Budget and Finance

 

NOTICE OF MOTION

 

That Council forthwith applies the funds currently held in the 'Iconic Building Reserve' to the supplementation and expansion of Council's existing road maintenance delivery program with the intention of incorporating as much in Council's next budget. 

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Shelton                       Seconded: Clr Harle

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared LOST.

 

Division called:

 

Vote For:                 Clr Harle

                                 Clr Karnib

                                 Clr Shelton

                                 Clr Stanley

                                 Clr Waller

 

Vote Against:         Mayor Mannoun

                                 Clr Balloot

                                 Clr Hadchiti

                                 Clr Hadid

                                 Clr Mamone

                                 Clr Ristevski

 


 

ITEM NO:      NOM 07

FILE NO:        057401.2014

SUBJECT:     Iconic Facility for the CBD

 

NOTICE OF MOTION

 

That Council

 

1.   Allocate funds from the Iconic Building Reserve to build an iconic community facility within the CBD.

 

2.   Provide a report to Council on possible locations and uses of such a facility in its May 2014 meeting after consulting with the Economic Development Committee, Tourism and Events Committee, CBD revitalisation committee, Master Planning Steering Committee, and a Councillor briefing session.

 

3.   Conduct further community consultation after the May meeting of Council once a direction on possible options has been given by Council.

 

COUNCIL DECISION

 

Motion:                         Moved: Mayor Mannoun                        Seconded: Clr Balloot

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

Division called:

 

Vote For:                 Mayor Mannoun

                                 Clr Balloot

                                 Clr Hadchiti

                                 Clr Hadid

                                 Clr Mamone

                                 Clr Ristevski

 

Vote Against:         Clr Harle

                                 Clr Karnib

                                 Clr Shelton

                                 Clr Stanley

                                 Clr Waller

 


 

ITEM NO:      NOM 08

FILE NO:        057417.2014

SUBJECT:     Supporting our Locals

 

NOTICE OF MOTION

 

That Council direct the CEO to provide a report to Council on how preference, if possible, can be provided to local business' in tenders and in supplying services to Council. Also whether the same preference can be provided to local residents when applying for jobs within Council.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Hadchiti                                Seconded: Clr Balloot

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

Division called:

 

Vote For:                 Mayor Mannoun

                                 Clr Balloot

                                 Clr Hadchiti

                                 Clr Hadid

                                 Clr Karnib

                                 Clr Mamone

                                 Clr Ristevski

                                 Clr Stanley

                                 Clr Waller

 

Vote Against:         Clr Harle

                                 Clr Shelton

 


 

ITEM NO:      NOM 09

FILE NO:        057433.2014

SUBJECT:     Sv. Arhangel Gavril

 

NOTICE OF MOTION

 

That Council waive the hire fee for the event.

 

COUNCIL DECISION

 

 Motion:                        Moved: Mayor Mannoun                        Seconded: Clr Ristevski

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 


 

Independent Hearing and Assessment Panel Report

ITEM NO:      IHAP 01

FILE NO:        045024.2014

SUBJECT:     Torrens title subdivision of two existing lots to provide a total of four lots (including two hatchet shaped lots) at 76-78 Alderson Avenue, Liverpool

 

RECOMMENDATION

 

That Council approve the application DA-1262/2013, subject to the recommended conditions attached to the IHAP Report and the following additional condition of consent:

 

1.   The applicant must surrender development consent DA-1246/2007 prior to the issue of any Construction Certificate.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Waller                          Seconded: Clr Harle

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

Councillors voted unanimously for this motion.

 

 


 

Mayor Mannoun left the Chambers at 7.07pm.

The Deputy Mayor, Clr Hadid took the chair.

Mayor Mannoun returned to the meeting at 7.09pm.

 

ITEM NO:      IHAP 02

FILE NO:        048545.2014

SUBJECT:     Construction of two storey multi purpose hall for use as a Sunday school in association with the existing place of public worship at No. 6 Village Way, Wattle Grove

 

RECOMMENDATION

 

That Council:

 

1.   Approves DA-836/2013 for the construction of a multi-purpose hall for use as a Sunday school in assocation with an existing place of public worship at 6 Village Way, Wattle Grove (Lot 2 DP840727), subject to the recommended conditions of consent attached to the IHAP report and the following amendments and additional condition of consent.

 

Amended Condition

 

65        Correction is required in the first line to “a total of forty one (41) car spaces instead of twenty eight (28) car spaces” as stated in this condition.

 

Additional conditions

 

63b      Prior to the issue of an occupation certificate, “a traffic (parking) management plan as recommended by Council staff to maximize the use of onsite parking and to obviate the need for on street parking” is to be provided to the satisfaction of           Council’s Traffic and Transport section.

 

52a      The existing 15 spaces on site abutting Village Way to be constructed of permeable paving. This will assist in the establishment of the new plantings adjacent to these car spaces.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Hadchiti                                Seconded: Clr Stanley

 

That this matter be deferred and considered later at this meeting.

 

On being put to the meeting the motion was declared CARRIED.

 

Councillors voted unanimously for this motion.

 

 


ITEM NO:      IHAP 03

FILE NO:        044381.2014

SUBJECT:     Consolidation and Torrens title resubdivision of four existing lots into two lots and the dedication of land as a public road at 166-170 George Street, Liverpool

 

RECOMMENDATION

 

That Council approve Development Application No. DA-841/2013 subject to the attached draft conditions of consent.

 

COUNCIL DECISION

 

 Motion:                        Moved: Clr Hadid                           Seconded: Clr Ristevski

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

Councillors voted unanimously for this motion.

 


 

Chief Executive Officer Report

ITEM NO:      CEO 01

FILE NO:        053245.2014

SUBJECT:     Local Government Reform - Local Government Act Taskforce Review

 

RECOMMENDATION

 

That Council:

 

1.      Receive and note the report;

 

2.      Write to the Taskforce Committee Chair offering to participate in a working party that considers the draft Bill developed as a result of implementing the reforms proposed in Taskforce Review.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Ristevski                     Seconded: Clr Harle

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 


 

ITEM NO:      CEO 02

FILE NO:        057585.2014

SUBJECT:     Local Government Reform - Independent Local Government Review Panel Final Report

 

RECOMMENDATION

 

That Council:

 

1.   Reiterates its support for local government reform and a revitalised system of local government.

 

2.   Welcomes support for Liverpool as a regional centre through options for strengthening capacity and sub-regional leadership.

 

3.    Endorses and submits the comments contained in this report to the Division of Local Government by 4 April 2014.

 

COUNCIL DECISION

 

 Motion:                        Moved: Clr Mamone                      Seconded: Clr Ristevski

 

That Council:

 

1.      Reiterates its support for local government reform and a revitalised system of local government.

 

2.      Welcomes support for Liverpool as a regional centre through options for strengthening capacity and sub-regional leadership.

 

3.      Endorses and submits the comments contained in this report to the Division of Local Government by 4 April 2014 subject to the following changes:

 

Attachment 1 number 28 in the submission:

 

Amend from ‘support’ all the recommendations contained in Box 24 (of page 140 of attachments) to:

 

“Liverpool Council supports the recommendations in Box 24 with the clear exception of:

 

·           Establishing a cooling off period after elections before a General Manager can be dismissed

 

·           Requiring two thirds majority of Council to dismiss a General Manager.”

 

Amendment:                         Moved: Clr Shelton                        Seconded: Clr Stanley

 

That Council:

 

1.   Reiterates its support for local government reform and a revitalised system of local government.

 

2.   Welcomes support for Liverpool as a regional centre through options for strengthening capacity and sub-regional leadership.

 

3.   Endorses and submits the comments contained in this report to the Division of Local Government by 4 April 2014 subject to the following change:

 

That Council not support recommendation No 6 on page 70 of the agenda which states:

 

“Commission IPART to undertake the further review of the rating system focussed on;

 

·         Options to reduce or remove excessive exemptions and concessions that are contrary to sound fiscal policy and jeopardise Councils’ long term sustainability (6.2).

 

·         A more equitable rating of apartments and other multi-unit dwellings, including giving Councils the option of rating residential properties on Capital Improved Values, with a view to raising additional revenues where affordable (6.3)”

 

On being put to the meeting the Amendment (moved by Clr Shelton) was declared LOST.

 

On being put to the meeting the motion (moved by Clr Mamone) was declared CARRIED.

 

Clr Stanley asked to be recorded as voting against the motion.


 

Strategy and Executive Report

ITEM NO:      GMSE 01

FILE NO:        048577.2014

SUBJECT:     54th Floodplain Management Association Conference

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes the program information of the Floodplain Management Association of NSW 54th Annual Conference – 20 May 2014 to 23 May 2014.

 

2.       Nominate its delegates to attend the 2014 Floodplain Management Association Conference in Deniliquin from 20 May 2014 to 23 May 2014.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Mamone                               Seconded: Clr Stanley

That Council:

 

1.       Receives and notes the program information of the Floodplain Management Association of NSW 54th Annual Conference – 20 May 2014 to 23 May 2014.

 

2.       Nominate Councillors Ristevski and Karnib to attend the 2014 Floodplain Management Association Conference in Deniliquin from 20 May 2014 to 23 May 2014.

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 


 

ITEM NO:      GMSE 02

FILE NO:        048798.2014

SUBJECT:     2014 National General Assembly of Local Government

 

RECOMMENDATION

 

That Council:

 

1.       Nominates delegates to attend the 2014 National General Assembly of Local Government to be held on Canberra from Sunday 15 June – Wednesday 18 June 2014. 

 

2.       Puts forward the following motions:  

 

COUNCIL DECISION

 

 Motion:                        Moved: Clr Mamone                               Seconded: Clr Balloot

 

That Council:

 

1.       Nominates Clr Hadid as the delegate to attend the 2014 National General Assembly of Local Government to be held in Canberra from Sunday 15 June – Wednesday 18 June 2014 and Councillors Waller, Stanley, Karnib and Balloot to attend as observers.

 

2.       Puts forward the following motions:  

 

a.    That the National General Assembly call on the federal government to confirm the government’s position in regard to the Badgerys Creek site as the second airport for Sydney. If Badgery’s Creek is the preferred site, call on the federal government to immediately:

 

·         Undertake a comprehensive Environmental Impact Statement engaging the Council and community.

 

·         Commit to funding related essential infrastructure including road and rail connections.

 

·         Establish a multi-government taskforce to coordinate planning of the new airport.

 

b.    That the National General Assembly call on the federal government to work in partnership with local and regional growth councils and provide additional resources to support the delivery of  critical employment, infrastructure and services that meet the demands of a growing population.

 

 

On being put to the meeting the motion was declared CARRIED.


 

Business Excellence Report

ITEM NO:      GMBE 01

FILE NO:        044189.2014

SUBJECT:     Statutory Investment Report February 2014

 

RECOMMENDATION

 

That Council receives and notes this report.

 

COUNCIL DECISION

 

 Motion:                        Moved: Clr Shelton                       Seconded: Clr Ristevski

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 


 

Community and Culture  Report

ITEM NO:      GMCC 01

FILE NO:        049960.2014

SUBJECT:     Honouring 100 Years of ANZAC and Liverpool's Military History

 

RECOMMENDATION

 

That Council:

 

1.       Approve the allocation of $150,000 from the Council Reserve to be used towards the delivery of projects and activities honouring and commemorating the centenary of ANZAC.

 

2.       Provides support to the RSL for the delivery of the annual Anzac Day dawn service including use of Bigge Park, use of Council event infrastructure, waste management, event delivery assistance and the provision of a wreath.

 

COUNCIL DECISION

 

 Motion:                        Moved: Clr Mamone                      Seconded: Clr Balloot

 

That Council:

 

1.    Approve the allocation of $150,000 from the Council Reserve to be used towards the delivery of projects and activities honouring and commemorating the centenary of ANZAC.

 

2.    Provides support to the RSL for the delivery of the annual Anzac Day dawn service including use of Bigge Park, use of Council event infrastructure, waste management, event delivery assistance and the provision of a wreath.

 

3.    Staff consult with the Member for Hughes Mr Craig Kelly MP in regard to other opportunities to commemorate the centenary of ANZAC and Council offer appropriate assistance and resources.  

 

4.    That Council write to all local federal members of Parliament seeking their support.

 

On being put to the meeting the motion was declared CARRIED.

 

Division called:

 

Vote For:                 Mayor Mannoun

                                 Clr Balloot

                                 Clr Hadchiti

                                 Clr Hadid

                                 Clr Mamone

                                 Clr Ristevski

Vote Against:         Clr Harle

                                 Clr Karnib

                                 Clr Shelton

                                 Clr Stanley

                                 Clr Waller

 


 

Economy and Engagement Report

Clr Hadchiti left the chambers at 7.36pm.

ITEM NO:      GMEE 01

FILE NO:        047663.2014

SUBJECT:     Stadium Feasibility Study

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes the Preliminary Feasibility Study and its recommendations

 

2.   Allocates $13,500 from the Professional Engagement Reserve to complete a professional prospectus document to assist in engagement with key external stakeholders to leverage support for a stadium in Liverpool

 

3.   Makes representations to the NSW Premier and NSW Minister for Sports and Recreation in addition to the Office of Communities senior staff on the merits of Liverpool as the location for a stadium development.

 

4.   Refers any master planning work in relation to a proposed stadium site to the Master Planning Steering Committee for consideration and possible recommendation to Council.

 

5.   Engages in further discussions with the NRL and A-League with regards to supporting a stadium development in Liverpool with a view to securing a commitment of content from these sporting codes.

 

COUNCIL DECISION

 

Motion:                         Moved:      Clr Ristevski                         Seconded: Clr Mamone

 

That Council:

 

1.   Receives and notes the Preliminary Feasibility Study and its recommendations

 

2.   Allocates $13,500 from the Professional Engagement Reserve to complete a professional prospectus document to assist in engagement with key external stakeholders to leverage support for a stadium in Liverpool

 

3.   Makes representations to the NSW Premier and NSW Minister for Sports and Recreation in addition to the Office of Communities senior staff on the merits of Liverpool as the location for a stadium development.

 

4.   Allocates up to $60,000 from the Professional Engagement Reserve for the purpose of preparing a master plan for an entertainment precinct that would encompass the preferred stadium site

5.   Engages in further discussions with the NRL and A-League with regards to supporting a stadium development in Liverpool with a view to securing a commitment of content from these sporting codes.

 

Amendment: Moved: Clr Shelton         Seconded: Clr Stanley

 

That Council:

 

1.   Receives and notes the Preliminary Feasibility Study and its recommendations

 

2.   Allocates $13,500 from the Professional Engagement Reserve to complete a professional prospectus document to assist in engagement with key external stakeholders to leverage support for a stadium in Liverpool

 

3.  Makes representations, including providing a copy of the Feasibility Study to the NSW Premier and NSW Minister for Sports and Recreation in addition to the Office of Communities senior staff on the merits of Liverpool as the location for a stadium development.

 

4.   Allocates up to $60,000 from the Professional Engagement Reserve for the purpose of preparing a master plan for an entertainment precinct that would encompass the preferred stadium site.

 

5.   Engages in further discussions with the NRL and A-League with regards to supporting a stadium development in Liverpool with a view to securing a commitment of content from these sporting codes.

 

On being put to the meeting the amendment was declared CARRIED.

 

Division called:

 

Vote For:                 Mayor Mannoun

                                 Clr Balloot

                                 Clr Hadid

                                 Clr Harle

                                 Clr Karnib

                                 Clr Mamone

                                 Clr Ristevski

                                 Clr Shelton

                                 Clr Waller

 

Vote Against:         Clr Stanley

 

Clr Hadchiti returned to the meeting at 7.51pm.

 

Governance Report

ITEM NO:      GMGO 01

FILE NO:        023796.2014

SUBJECT:     Proposed Accommodation Plan and Building Upgrade Work at 33 Moore St Liverpool

 

RECOMMENDATION

 

That Council:

 

1.       Notes in principle support for the preparation of an accommodation plan.

 

 

2.       Approves the following:

 

2.1     Obtain reports from the relevant disciplines to develop the accommodation plan     which includes providing floor plans/designs and budget estimates for the         building upgrade at 33 Moore Street, Liverpool including plans on how to        achieve a NABERS rating;

 

2.2     Investigate site/strata expansion potential opportunities for 33 Moore Street;

 

2.3     Receives a further report specifying budget estimates and programmed building upgrade works concerning the proposed accommodation plan for 33 Moore Street, Liverpool;

 

3.       Keeps confidential the attachment supplied under separate cover containing the accommodation plan and spreadsheet pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and

 

4.       Authorises Council’s Delegated Officer to execute any document, under Power of Attorney, required to give effect to this Council Resolution.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Balloot                                  Seconded: Clr Mamone

 

That this item be referred to the Master Planning Steering Committee for consideration.

 

On being put to the meeting the motion was declared CARRIED.

 


 

ITEM NO:      GMGO 02

FILE NO:        037601.2014

SUBJECT:     Proposed development of part of Lot 1 DP 510863, 20 First Avenue, Hoxton Park

 

RECOMMENDATION

 

That Council:

 

1.   Proceeds with Option 2 and develops a part of Lot 1 DP 510863, 20 First Avenue, Hoxton Park, by subdividing the land in accordance with the concept plan provided in the confidential attachment;

 

2.   In accordance with Section 32(5) of the Local Government Act 1993, transfers the net proceeds from the sale to the relevant Section 94 Contribution Plan;

 

3.   Agrees to transfer the amount attributed to the 'Profit and Risk' factor into the Property Development Reserve;

 

4.   Keeps confidential the attachment supplied under separate cover containing Council's development strategies and analysis, pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and

 

5.   Approves the expenditure from the Property Development Reserve to fund the development of the property as outlined in the confidential attachment.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Hadchiti                      Seconded: Clr Mamone

 

That Council:

 

1.       Agrees to proceed with Option 1 and sells a part of Lot 1 DP 510863, 20 First Ave, Hoxton Park, as an elglobo parcel of land by placing the property on the open market for sale by way of auction through a local real estate agent.

 

2.       Approves the expenditure from the Property Development Reserve to fund any costs associated with selling or preparing the land for sale.

 

3.       Set the reserve at the average of option 1 and option 2 as identified in the confidential booklet.

 

4.       Authorises the CEO or his nominated officer to sign contracts on behalf of Council if such reserve is met.

 

5.       Keeps confidential the attachment supplied under separate cover containing Council's development strategies and analysis, pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

On being put to the meeting the motion was declared CARRIED.

 

 


 

ITEM NO:      GMGO 03

FILE NO:        043704.2014

SUBJECT:     Development options of a part of Lot 3 DP 1045043, 6 Skipton Lane, Prestons

 

RECOMMENDATION

 

That Council:

 

1.   Agrees to proceed with Option 1 and sell a part of Lot 3 DP 1045043, 6 Skipton Lane, Prestons, as an englobo parcel of land by placing the property on the open market for sale through a local real estate agent;

 

2.   Notes that a further report will be submitted to Council once an acceptable purchase price for a part of Lot 3 DP 1045043, 6 Skipton Lane, Prestons has been negotiated for Council's approval; and

 

3.   Keeps confidential the attachment supplied under separate cover containing Council's development strategies and analysis, pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

COUNCIL DECISION

 

MOTION:                     MOVED:Clr Hadchiti            SECONDED: Clr Mamone

 

That Council:

 

1.    Agrees to proceed with Option 1 and sell a part of Lot 3 DP 1045043, 6 Skipton Lane, Prestons, as an englobo parcel of land by placing the property on the open market for sale by way of public auction through a local real estate agent;

 

2.    Keeps confidential the attachment supplied under separate cover containing Council's development strategies and analysis, pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

3.    Set the reserve at the amount identified in option 1 of the confidential booklet.

 

4.    Authorise the CEO or his nominated officer to sign contracts on behalf of Council if such reserve is met.

 

5.    Approves the expenditure from the Property Development Reserve to fund the development of the property as outlined in the confidential attachment.

 

On being put to the meeting the motion was declared CARRIED.

 


 

Adjournment of the meeting was called by the chair at 8.01pm

 

Council meeting resumed at 8:20pm

ITEM NO:      GMGO 04

FILE NO:        044398.2014

SUBJECT:     Acquisition of a part of Lot 7 DP 1053436, 70 Skipton Lane, Prestons for drainage purposes

 

RECOMMENDATION

 

That Council:

 

1.       Approves the acquisition of a part of Lot 7 DP 1053436, 70 Skipton Lane, Prestons, for the price and terms outlined in the confidential attachment;

 

2.       Upon settlement of the acquisition, classifies a part of Lot 7 DP 1053436, 70 Skipton Lane, Prestons as ‘Community’ land;

 

3.       Keeps confidential the attachment supplied under separate cover containing the acquisition price pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and

 

4.       Authorises its delegated officer to execute any documents, under Power of Attorney necessary to give effect to this decision.

 

COUNCIL DECISION

 

 Motion:                        Moved: Clr Ristevski                     Seconded: Clr Balloot

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Infrastructure and Environment Report

ITEM NO:      GMIE 01

FILE NO:        044490.2014

SUBJECT:     Pedestrian Safety at Cecil Hills Public School

 

RECOMMENDATION

 

That Council receives and notes this report.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Stanley                                 Seconded: Clr Shelton

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ITEM NO:      GMIE 02

FILE NO:        044748.2014

SUBJECT:     Floodplain Management Committee

 

RECOMMENDATION

 

That Council:

 

1.   Disbands the Floodplain Management Committee in view of the successful completion of its prime task of developing floodplain risk management plans and subsequent adoption of these by Council.

 

2.   Continues to engage with the community to ensure that members of the community continue to have input in the management of Council’s floodplains.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Stanley                        Seconded: Clr Karnib

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ITEM NO:      GMIE 03

FILE NO:        062479.2014

SUBJECT:     Warren Serviceway Car Park - Discount Fees and Charges

 

RECOMMENDATION

 

That Council:

 

1.   Amends the fees and charges for the Warren Serviceway, Bathurst Street and Northumberland Street Carparks to include a corporate rate for companies operating in the Liverpool CBD. The corporate rate will be determined through negotiation with these companies for permanent parking.

 

2.   In accordance with s610F of the Local Government Act 1993 advertises the proposed charges for a period of 28 days.

 

3.   Receives a further report following the exhibition period.

 

COUNCIL DECISION

 

 Motion:                        Moved: Mayor Mannoun                        Seconded: Clr Stanley

 

That Council:

 

1.    Amends the fees and charges for the Warren Serviceway, Bathurst Street and Northumberland Street Carparks to include a corporate rate for companies operating in the Liverpool CBD. The corporate rate will be determined through negotiation with these companies for permanent parking.

 

2.    In accordance with s610F of the Local Government Act 1993 advertises the proposed charges for a period of 28 days.

 

3.    Receives a further report following the exhibition period.

 

4.    Consider annual parking fees.

 

On being put to the meeting the motion was declared CARRIED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Planning and Growth Report

ITEM NO:      GMPG 01

FILE NO:        026181.2014

SUBJECT:     Amendment to Liverpool Local Environmental Plan 2008 - Rezoning of 115, 125, 135 and 215 Croatia Avenue, Edmondson Park

 

RECOMMENDATION

 

That Council:

1.   Proceeds with the planning proposal seeking to amend the Liverpool Local Environmental Plan 2008 to rezone Part Lot 481 & Lot 482 DP 1173668 & Part Lot 45 & Part Lot 47 DP 228850 located on Croatia Avenue, Edmondson Park from SP2 (Educational Establishment) to R1 – General Residential and make the following map changes to the provisions relating to that site:

·    Zoning Map LZN-009 – rezone land shown SP2 (Educational Establishment) to R1 General Residential

·    Lot Size Map LSZ-009 – amend lot size from blank to “D” (Area 3)

·    Dwelling Density Map DWD-009 amend dwelling density = blank to 17 dw/ha

·    Land Reservation Acquisition Map LRA-009 – delete the identification of the site in yellow and marked “Educational Establishment SP2”.

2.   Forwards the attached Planning Proposal to the Minister for Planning and Infrastructure seeking Gateway determination in accordance with section 56 of the Environmental Planning and Assessment Act 1979.

3.  Writes to the relevant landowners to notify them of Council’s decision

4.  Approves draft DCP amendment 14 for public exhibition which proposes the following amendments:

·    A street layout over previous school sites,

·    Adds a control relating to traffic calming,

·    Relocates controls relating to Zero Lot Lines within Part 2.11 of LDCP 2008,

·    Deletes controls relating to the town centre and 38dw/ha,

·    Adds sections to Part 2.11 of LDCP 2008 regarding Secondary Dwellings (Studios).

 

 

 

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Stanley                        Seconded: Clr Waller

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

Councillors voted unanimously for this motion.

 

Clr Mamone left the Chambers at 8.23pm.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

ITEM NO:      GMPG 02

FILE NO:        037066.2014

SUBJECT:     Liverpool Local Environmental Plan 2008 - Zones applied along arterial roads and industrial zones in Prestons

 

RECOMMENDATION

 

That Council:

 

1.       Receives a further report for the July meeting regarding residential land uses and lot width restrictions applicable to land zoned B6 Enterprise Corridor zone;

 

2.       Receives a further report for the July meeting regarding rezoning the Roads and Maritime Services land on the corner of the T-Way and Hoxton Park Road to SP2 Infrastructure;

 

3.       Receives a further report for the July meeting regarding the intersection design of the corner of Bernera Road and Kurrajong Road, Prestons to identify any land surplus to Council needs;

 

4.       Receives a further report for the July meeting regarding rezoning land on on the Hume Highway, Casula between Crossroads and Myall Road;

 

5.       Receives a further report for the July meeting regarding rezoning land at Orange Grove Road, Warwick Farm to B6 Enterprise Corridor;

 

6.       Receives a further report for the July meeting regarding land on the Hume Highway at Liverpool and Casula and changes to restrictions on land in the B6 Enterprise Corridor zone;

 

7.       Receives a further report for the July meeting regarding the potential to rezone residential land fronting Heathcote Road, Moorebank;

 

8.       Receives a further report for the July meeting regarding rezoning the land in Prestons zoned IN1 General Industrial to IN2 Light Industrial; and

 

9.       Receives a further report for the July meeting regarding a comprehensive review of the industrial zones in the Liverpool LEP 2008.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Hadchiti                                Seconded:Clr Hadid

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

Councillors voted unanimously for this motion.

 

Note, Clr Mamone was not in the Chambers when this matter was voted on.

ITEM NO:      GMPG 03

FILE NO:        037594.2014

SUBJECT:     Amendment to Liverpool Local Environmental Plan 2008 Macleod Park - Partial Rezoning & Reclassification

 

RECOMMENDATION

 

That Council:

 

1.   Forwards a planning proposal to Planning and Infrastructure seeking a Gateway determination to rezone and reclassify a portion of Lot 3 DP 855930, being 290 Braidwood Drive, Prestons.

2.   Proceeds with public authority consultation and public exhibition in accordance with the determination, subject to Gateway approval.

3.   Receives a future report discussing development options for the portion of the park proposed to be rezoned and reclassified. 

4.   Notes that the outcomes of public authority consultation and public exhibition will be reported to Council in the future.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Hadchiti                                Seconded: Clr Balloot

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

Councillors voted unanimously for this motion.

 

Note, Clr Mamone was not in the Chambers when this matter was voted on.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ITEM NO:      GMPG 04

FILE NO:        041895.2014

SUBJECT:     Draft Amendment to Liverpool Local Environmental Plan 2008 - Draft Planning Proposal

 

RECOMMENDATION

 

That Council:

 

1.   Endorses the attached Anomalies Planning Proposal (Amendment No.41) to be forwarded to Planning and Infrastructure seeking Gateway determination.

2.   Subject to Gateway approval, proceeds with public authority consultation and public exhibition in accordance with the determination.

3.   Notes that the outcomes of public authority consultation and public exhibition will be reported to Council in future.

COUNCIL DECISION

 

Motion:                         Moved: Clr Waller                                   Seconded: Clr Karnib

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

Councillors voted unanimously for this motion.

 

Note, Clr Mamone was not in the Chambers when this matter was voted on.

 

 

 

 

 

 

 


 

ITEM NO:      GMPG 05

FILE NO:        042008.2014

SUBJECT:     Liverpool Development Control Plan 2008 Draft Amendment 14 - Minor Amendments

 

RECOMMENDATION

 

That Council:

 

1.       Publicly exhibits Amendment 14 to Liverpool Development Control Plan 2008 in accordance with Section 74C of the Environmental Planning and Assessment Act 1979 to facilitate the changes to Part 1 outlined in this report.

 

2.       Receives a further report following the public exhibition period.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Harle                                     Seconded: Clr Waller

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

Councillors voted unanimously for this motion.

 

Note, Clr Mamone was not in the Chambers when this matter was voted on.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ITEM NO:      GMPG 06

FILE NO:        044137.2014

SUBJECT:     Modification to Development Consent No DA-235/2011 at Lot 4 Bryant Avenue, Middleton Grange

 

RECOMMENDATION

 

That Council approves modification to Development Consent DA-235/2011 and amends:

 

Condition No.1 is amended to read as follows:

 

1.       Development must be carried out in accordance with Development Application DA-235/2011, except where modified by Section 96 Modification No. DA-235/2011/A and DA-235/2011/B and the undermentioned conditions:

 

Description

Drawing No.

Sheet

Date

Prepared By

Plan of Subdivision

S1280-06

1

13/09/2010

Grinsell & Johns Pty Ltd

Plan of Subdivision

S1280-06

2

13/09/2010

Grinsell & Johns Pty Ltd

Plan of Subdivision

S1280-06

3

13/09/2010

Grinsell & Johns Pty Ltd

Plan Showing Boundary Adjustment to an Approved Subdivision

5026-MOD

-

9/10/2013

Mepstead & Associates

 

 

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Stanley                        Seconded: Clr Waller

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

Councillors voted unanimously for this motion.

 

Note, Clr Mamone was not in the Chambers when this matter was voted on.

 

 

 

 

 

 

 

Clr Mamone returned to the meeting at 8.38pm.

ITEM NO:      GMPG 07

FILE NO:        055816.2014

SUBJECT:     Residential densities in rural and R5 zones - rationale

 

RECOMMENDATION

 

That Council:

 

1.   Notes that planning in rural zones should primarily aim to:

 

·    Protect the agricultural pursuits on good quality, large-lot land,

 

·    Protect the rural/vegetated visual character of prominent land,

 

·    Protect steeply sloping land from runoff created by impervious areas,

 

·    Maintain large lot sizes in areas where there are large tracts of remnant bushland and environmentally sensitive land,

 

·    Ensure the provision of access of residents to utility services and facilities, and

 

·    Protect land likely to undergo future development.

 

2.   Notes that residential densities and scale should be appropriately controlled in rural areas in accordance with state controls, such as Ministerial Direction 1.5 rural Lands, State Environmental Planning Policy (Rural Lands) 2008, and State Environmental Planning Policy Sydney Region Growth Centres 2006.

 

3.   Notes the visual amenity of the Denham Court district and the need to ensure that the predominant landscape character of this area of Scenic Hills is maintained and that the imposition of additional dwellings into this significant landscape detracts from this character.

 

4.   Notes that Amendment 28 which is currently with Planning and Infrastructure will amend the LEP to deliver greater flexibility in accordance with these principles and policies.

 

 

 

 

 

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Ristevski                              Seconder: Clr Hadchiti

 

That Council:

 

1.   Notes that planning in rural zones should primarily aim to:

 

·    Protect the agricultural pursuits on good quality, large-lot land,

 

·    Protect the rural/vegetated visual character of prominent land,

 

·    Protect steeply sloping land from runoff created by impervious areas,

 

·    Maintain large lot sizes in areas where there are large tracts of remnant bushland and environmentally sensitive land,

 

·    Ensure the provision of access of residents to utility services and facilities, and

 

·    Protect land likely to undergo future development.

 

2.   Notes that residential densities and scale should be appropriately controlled in rural areas in accordance with state controls, such as Ministerial Direction 1.5 rural Lands, State Environmental Planning Policy (Rural Lands) 2008, and State Environmental Planning Policy Sydney Region Growth Centres 2006.

 

3.    Prepare and submit to the NSW Department of Planning and Infrastructure a planning proposal to apply to all land zoned RU2 Rural Landscape which makes permissible with consent, development for the purpose of a dual occupancy with a maximum gross floor area of 200sqm. The planning proposal is to make clear that this provision is to make permissible with consent attached dual occupancy.

 

4.   Notes that Amendment 28 which is currently with Planning and Infrastructure will amend the LEP to deliver greater flexibility in accordance with these principles and policies.

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

Councillors voted unanimously for this motion.


 

 

ITEM NO:      GMPG 08

FILE NO:        058361.2014

SUBJECT:     Response to Council Resolution in regard to DA-1024/2013 - development approvals within Moorebank Voluntary Acquisition area

 

RECOMMENDATION

 

That Council receives and notes this report.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Waller                          Seconded:  Clr Harle

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

 


47

ITEM NO:      GMPG 09

FILE NO:        052512.2014

SUBJECT:     Development application DA-1024/2013: Alterations and additions to existing dwelling - Lot 67 DP 657033 - 40 Newbridge Road, Chipping Norton

 

Clr Balloot left the Chambers at 8.55pm.

Clr Balloot returned to the meeting at 8:57pm.

Clr Balloot left the Chambers at 9.10pm.

Clr Waller left the Chambers at 9.21pm.

 

RECOMMENDATION

 

That Council:

 

1.       Refuse Development Application DA-1024/2013 for the following reasons:

 

1.1     The subject seawall is inconsistent with Clause 5.9 (preservation of trees) of Liverpool Local Environmental Plan 2008 in so far as the construction necessitated the removal of pre-existing foreshore vegetation.

 

1.2     The subject seawall and associated tree removal and filling are inconsistent with Clause 7.6(a) to (e) (Environmentally Significant Land) of Liverpool Local Environmental Plan 2008.

 

1.3     The subject building additions and front fence are inconsistent with Clause 7.6(d) and (e) (Environmentally Significant Land) of Liverpool Local Environmental Plan 2008.

 

1.4     The subject building additions and front fence are inconsistent with Clause 7.8 (a), (b), (c), (e) and (f) (Flooding) of Liverpool Local Environmental Plan 2008.

 

1.5     The subject seawall and associated filling are inconsistent with Clause 7.9 (Foreshore Building Line) of Liverpool Local Environmental Plan 2008.

 

1.6     The subject building additions and front fence are inconsistent with Clause 1.1.9.6 (Flooding Risk) of Liverpool Development Control Plan 2008.

 

2.       Progress enforcement actions in respect of the unlawful works.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Hadchiti                                Seconded: Clr Ristevski

 

That Council seek advice on whether Council cannot approve the development and not take enforcement action where there will be no liability on Council. Council to note that there was an existing dwelling on the site.

 

 

Foreshadowed Motion:       Moved: Clr Shelton                       Seconded: Clr Stanley

 

That the recommendation be adopted.

 

On being put to the meeting the motion moved by Clr Hadchiti was declared LOST

 

Vote For:                 Mayor Mannoun

                                 Clr Hadchiti

                                 Clr Mamone

                                 Clr Ristevski

 

Vote Against:         Clr Hadid

                                 Clr Harle

                                 Clr Karnib

                                 Clr Shelton

                                 Clr Stanley 

 

On being put to the meeting the foreshadowed motion moved by Clr Shelton became the motion and was declared CARRIED.

 

Vote For:                 Clr Hadid

                                 Clr Harle

                                 Clr Karnib

                                 Clr Stanley

                                 Clr Shelton

 

Vote Against:         Mayor Mannoun

                                 Clr Hadchiti

                                 Clr Mamone

                                 Clr Ristevski

 

Councillors Waller and Balloot were not in the Chamber when this matter was voted on.

 

 

 

 

 

 

 

 

 

 

9.22pm – Extension of time to continue meeting

 

Motion:                         Moved: Clr Hadchiti                      Seconded: Clr Mamone

 

That an extension of time be granted to continue the meeting until 10.00pm.

 

On being put to the meeting the motion was declared CARRIED.

 

Clr Waller returned to the meeting at 9.24pm.


 

ITEM NO:      IHAP 02

FILE NO:        048545.2014

SUBJECT:     Construction of two storey multi purpose hall for use as a Sunday school in association with the existing place of public worship at No. 6 Village Way, Wattle Grove

 

RECOMMENDATION

 

That Council:

 

1.   Approves DA-836/2013 for the construction of a multi-purpose hall for use as a Sunday school in assocation with an existing place of public worship at 6 Village Way, Wattle Grove (Lot 2 DP840727), subject to the recommended conditions of consent attached to the IHAP report and the following amendments and additional condition of consent.

 

Amended Condition

 

65        Correction is required in the first line to “a total of forty one (41) car spaces instead of twenty eight (28) car spaces” as stated in this condition.

 

Additional conditions

 

63b      Prior to the issue of an occupation certificate, “a traffic (parking) management plan as recommended by Council staff to maximize the use of onsite parking and to obviate the need for on street parking” is to be provided to the satisfaction of           Council’s Traffic and Transport section.

 

52a      The existing 15 spaces on site abutting Village Way to be constructed of permeable paving. This will assist in the establishment of the new plantings adjacent to these car spaces.

 

COUNCIL DECISION

 

MOTION:                     MOVED:    Clr Hadchiti                 SECONDED: Clr Hadid

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

Councillors voted unanimously for this motion.

 

Note, Clr Balloot was not in the Chambers for the vote on this item.

 

Clr Balloot returned to the meeting at 9.27pm.

 

Clrs Hadchiti and Hadid left the Chambers at 9.27pm.

 

 

 

CLOSED SESSION

 

Motion:                         Moved: Mayor Mannoun                        Seconded: Clr Waller

 

That Council move into Closed Session to deal with a Mayoral Minute in accordance with Section 10A (2) (a) of the Local Government Act 1993 as the information to be discussed contained personnel matters concerning particular individuals other than Councillors.

 

On being put to the meeting the motion was declared CARRIED.

 

Council moved into Closed Session at 9.28pm.

 

 

Clr Hadchiti returned to the meeting at 9.28pm

 

Clr Hadid returned to the meeting at 9.29pm

 

Clr Stanley left the Chambers at 9.30pm

 

Clr Stanley returned to the meeting at 9:40pm

 

 

 

Motion:                         Moved: Clr Mamone                      Seconded: Clr Hadchiti

 

That Council move back into Open Session at 9.41pm.

 

On being put to the meeting the motion was declared CARRIED.

 


 

 

MAYORAL MINUTE

 

Subject: Chief Executive Officer

 

Report:

Liverpool City Council Chief Executive Officer Mr Farooq Portelli has announced his departure from the Council effective 1 July 2014.

 

In accepting Mr Portelli’s departure from Liverpool I want to acknowledge his ten years of service to the Council. 

 

Mr Portelli joined the Council’s financial services area in 2004. This was a difficult and challenging time for Council as the Council had been dismissed and was under administration. His brief was to work with the Administrator to turn around Council’s finances. He excelled in this role proving his invaluable skills as a finance executive.

 

Mr Portelli’s period of service has been defined by major challenges including the 2010 fire that destroyed Council’s administration building where he was instrumental in leading the organisation through the recovery and relocation process. In one of the most challenging times in the history of this Council, Mr Portelli provided the 700 Council staff and community with stability and confidence in Council’s ability to quickly recover and continue to deliver services with minimum disruption.

 

Mr Portelli leaves the Council in a strong financial position following a period of significant external pressures including the Global Financial Crisis, rate pegging, cost shifting and the additional pressures that come with significant long-term growth. Liverpool has come a long way in the past decade. We are now a thriving city with both a sound financial and bright future. Mr Portelli has been a key part of this transformation. 

 

In moving this Mayoral Minute I am joined by Councillors and staff in thanking Mr Portelli for his service to the Liverpool community and wish him and his wife well for the future.

 

I also wish to announce the appointment by Council of Mr Rob Nobble as the Acting Chief Executive Officer. Mr Nobble has an extensive background in local government and is the former CEO of Rockhampton City and Caboolture Shire Councils and was Acting General Manager of City of Newcastle.

 

 

 

Moved:      Mayor Mannoun

 

(a)  That the Chief Executive Officer’s Contract of Employment and the Chief Executive Officer’s employment be terminated under clauses 10.3.5 and 11.3 of the Contract of Employment.

 

(b)  Council comply with the matters outlined in the confidential Mayoral Minute relating to the Contract of Employment and the Deed of Release.

 

(c)  That the Chief Executive Officer’s Office (which will fall vacant) be filled from 27 March 2014 for the period of the recruitment process or until further decided by Mr Rob Noble as Acting Chief Executive Officer.

 

(d)  Further to recommendation (c), and that Council immediately commence the processes for the recruitment of a new Chief Executive Officer and that Council retain, on terms to be agreed, the services of Blackadder and Associates Pty Limited to advise and assist in the recruitment of a new Chief Executive Officer.

 

(e)  Pursuant to the Office of Local Government Guidelines and the Local Government Act the selection panel for the purposes of interviewing and recommending to Council a person to fill the position of Chief Executive Officer shall be composed of the Mayor, Deputy Mayor, Councillor Peter Ristevski and Councillor Wendy Waller. Delegates to the Mayor the appointments of alternates should a member be unable to attend. All other Councillors are invited to attend the interview process as observers.

 

On being put to the meeting the motion was declared CARRIED.

 

 

Clr Hadid left the Chambers at 9.54pm.


 

 

9.54pm – Extension of time to continue meeting

 

Motion:                         Moved: Clr Mamone                      Seconded: Clr Hadchiti

 

That a further 30 minute extension of time be granted to continue the meeting to complete the business on the agenda.

 

On being put to the meeting the motion was declared CARRIED.

 

 

Clr Hadid returned to the meeting at 9.57pm.

 

 

 


Committee Reports

ITEM NO:      CTTE 01

FILE NO:        034588.2014

SUBJECT:     No Intermodal Committee Meeting Minutes of 11 February 2014

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes the Minutes of the No Intermodal Committee Meeting held on 11 February 2014.

 

2.       Allocates $5000 from the Intermodal Fighting Fund to undertake filming of the Southern Sydney Freight Line from the Casula Powerhouse Arts Centre.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Hadchiti                                Seconded: Clr Hadid

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


56

ITEM NO:      CTTE 02

FILE NO:        041376.2014

SUBJECT:     Street Naming Committee minutes of meeting from 11 February 2014

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Street Naming Committee Meeting held on 11 February 2014.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Mamone                               Seconded: Clr Hadid

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ITEM NO:      CTTE 03

FILE NO:        041493.2014

SUBJECT:     Heritage Advisory Committee Meeting minutes from 11 February 2014

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Heritage Advisory Committee Meeting held on 11 February 2014.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Hadid                           Seconded: Clr Balloot

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


58

ITEM NO:      CTTE 04

FILE NO:        042581.2014

SUBJECT:     Minutes and Meeting Notes of Liverpool Youth Council

 

RECOMMENDATION

 

That Council receives and notes the Minutes from the Liverpool Youth Council Meetings held 13 August 2013 and 4 February 2014, and Meeting Notes from meetings held 3 September 2013, 8 October 2013, 5 November 2013 and 3 December 2013.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Waller                          Seconded: Clr Mamone

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ITEM NO:      CTTE 05

FILE NO:        045476.2014

SUBJECT:     Minutes of Economic Development Committee meeting held 5 March 2014

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Economic Development Committee Meeting held on 5 March 2014.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Mamone                               Seconded: Clr Hadid

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


60

ITEM NO:      CTTE 06

FILE NO:        045483.2014

SUBJECT:     Minutes of Liverpool City Centre Revitalisation Committee meeting held 5 March 2014

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes the Minutes of the Liverpool City Centre Revitalisation Committee Meeting held on 5 March 2014.

 

2.   Accesses Kinesis services by licence on an as needs basis for its city centre precinct urban design work.

 

3.   Approves engagement of an appropriately qualified firm to undertake visualisation work supporting city centre urban designs.

 

4.   Notes that the total costs of these services are to be capped within the $150,000 budget originally envisaged for the exercise.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Mamone                               Seconded: Clr Balloot

 

That Council:

 

1.    Receives and notes the Minutes of the Liverpool City Centre Revitalisation Committee Meeting held on 5 March 2014.

 

2.    Accesses Kinesis services by licence on an as needs basis for its city centre precinct urban design work.

 

3.    Approves engagement of an appropriately qualified firm to undertake visualisation work supporting city centre urban designs.

 

4.    Notes that the total costs of these services are to be capped within the $150,000 budget originally envisaged for the exercise.

 

5.    That The Liverpool City Centre Revitalisation Committee name be changed to the ‘Building Our New City Committee’ and appropriate public notification be made.

 

On being put to the meeting the motion was declared CARRIED.

 

Clrs Shelton, Stanley and Waller asked that they be recorded as voting against the motion.

 

 

 

 

ITEM NO:      CTTE 07

FILE NO:        045489.2014

SUBJECT:     Minutes of Tourism and Events Committee meeting held 5 March 2014

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Tourism and Events Committee Meeting held on 5 March 2014.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Mamone                               Seconded: Clr Balloot

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

Clr Waller asked that she be recorded as voting against the motion.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ITEM NO:      CTTE 08

FILE NO:        046743.2014

SUBJECT:     Environment Advisory Committee Meeting Minutes of 10 February 2014

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes the Minutes of the Environment Advisory Committee Meeting held on 10 February 2014.

 

2.       Continues detailed feasibility investigations to assess the suitability of the following additional sites to support a Community Nursery and Environmental Education Centre as an alternative to Casula Parklands, which is the currently approved site:

 

·    Riverside Park, Chipping Norton

·    Throsby Park, Casula

·    MacLeod Park, Prestons

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Ristevski                     Seconded: Clr Harle

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


63

ITEM NO:      CTTE 09

FILE NO:        047858.2014

SUBJECT:     Minutes of the Aboriginal Consultative Committee Meeting held on 3 February 2014

 

RECOMMENDATION

 

1.       The Minutes of the Aboriginal Consultative Committee Meeting held on 3 February          2014 are attached for the information of Council.

 

2.       The Minutes identify a number of actions that require Council staff to undertake, none     of which will have any financial impact on Council.

 

COUNCIL DECISION

 

Motion:                         Moved:      Clr Waller           Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ITEM NO:      CTTE 10

FILE NO:        048615.2014

SUBJECT:     Budget and Finance Committee Minutes

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 5 March 2014.

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Hadid                                    Seconded: Clr Mamone

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


65

ITEM NO:      CTTE 11

FILE NO:        048688.2014

SUBJECT:     Minutes of the Liverpool Access Committee 13 February 2014

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on 13 February 2014.

 

COUNCIL DECISION

 

Motion:                         Moved:      Clr Ristevski                Seconded: Clr Waller

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ITEM NO:      CTTE 12

FILE NO:        049844.2014

SUBJECT:     Casula Powerhouse Arts Centre Board Minutes from Meeting 27 February 2014

 

RECOMMENDATION

 

That Council receives and notes the minutes of the Casula Powerhouse Arts Centre Board meeting held on 27 February 2014.

 

COUNCIL DECISION

 

Motion:                         Moved:      Clr Waller           Seconded: Clr Balloot

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Correspondence Reports

ITEM NO:      CORR 01

FILE NO:        047719.2014

SUBJECT:     Incoming and Outgoing Correspondence Report

 

RECOMMENDATION

 

That Council receives and notes the report.

 

COUNCIL DECISION

 

 Motion:                        Moved: Clr Hadid                                    Seconded: Clr Harle

 

That the recommendation be adopted.

 

On being put to the meeting the motion was declared CARRIED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Questions with Notice

ITEM NO:      QWN 01

FILE NO:        044233.2014

SUBJECT:     Question with Notice - Clr Harle

 

Please address the following:

 

1. Legal Proceedings in relation to # 17 Manning Street regarding Transport company use of the property.

 

The matter is on Appeal to the NSW Supreme Court of Criminal Appeal (CCA) as a stated case. Questions have been put to the CCA for determination. Those questions go to the findings made by the Land and Environment Court . In particular the CCA will have to consider whether the LEC made an error in finding the activity was not prohibited. Council is awaiting confirmation of a hearing date that will determine those questions.

 

2. Status of Stables on Monday Street Warwick Farm; Proceedings re DA to convert the temporary status of stables constructed during world youth day in 2008, to permanent status.

 

Australian Turf Club (ATC) – LEC Class 1 Appeals (x2)

 

Background:

On 6 Jun 2013 ATC lodged two DA’s for developments at Warwick Farm Racecourse. DA’s were deemed to be refused because Council not able to determine them with 42 days as required by the Environmental Planning & Assessment Act 1979. ATC commenced Class 1 Appeals in LEC on 11 Oct 2013.

 

Current Status:

Matter set down for hearing on 5, 6 & 7 March 2014. An assessment of the DA’s by Council’s consultant revealed that the development is permissible and that there is no S79C considerations that would justify refusal. Mauro Poletti (an objector) applied to the Court to be joined as a party to the proceedings and was successful. It is anticipated that Mr Poletti’s submissions for refusal will be chiefly on the ground of adverse economic impact on the surrounding area.

 

Council’s Role:

Council’s has a limited role to play in the conduct of these proceedings. Council’s assessement did not identify any S79C considerations that would justify refusal of the DA’s. Council cannot make submissions to the effect that the Court should refuse.

 

3. Status of investigations into unapproved land fills at Bellfield College in Rossmore.

The extend of unauthorised earthworks (cut and fill plus importation of fill) at Bellfield College has been established by Council ‘s officers. It is proposed that a Notice of intention to serve an Order for the removal of the fill be served. We have subsequently visited the site with the EPA, who intends to serve a clean-up notice for the removal of the fill. Council officers are not satisfied regarding the content of the soil and further investigations will be carried out this week to establish the source of the soil used to fill the land.

 

 

 

 

 

 

The course of action will be discussed with the school at a meeting with senior officers on Thursday 27 February 2014, it is likely that Council will require soil and water samples to be submitted to verify the content of the fill.

 

4. Status of unauthorised land fills at 235 Denhamcourt Rd, Denhamcourt.

An order was served on the applicant to cease works by Council staff. The order states:

 

1.    Immediately cease the importation of fill to the site at 235 Denham Court Road, Denham Court.

2.    Carry out remedial work by use of appropriate machinery to stabilise fill currently imported to the site up to close of business on Tuesday September 2013.

3.    Cease all work on the site after close of business on Tuesday 17 September 2013 until such time as a s96 application is approved under DA 84/2013.

 

In response to the order issued by Council, the applicant has lodged a modification application being DA-1596/2010/A - modification to the approved tennis court, earthworks and rock wall, which is currently under assessment with Council. The application has been referred to the Council’s Development Assessment Panel (as an objection was received to the application) with a recommendation for approval, conditional on the removal of any unauthorised fill.

 

5. Status of access to property lot 68 at Voyager Point

Council officers have had two meetings with the owners are canvassing options. Councillors will be further updated at the conclusion of those discussions.

 

6. What limitations if any, are imposed on the regular use of public parks and recreational areas by private Schools and Colleges in the Liverpool LGA?

The Statement of revenue policy 2013/2014 contains reference to schools use of Council’s sporting fields which indicates this issue has been considered in the past. Schools located in the Liverpool LGA are not charged for sporting field use but are required to book the use of grounds. Schools located in the Liverpool LGA are charged $77.50 for the use of a sporting field for a school carnival. Schools located outside the Liverpool LGA are charged $77.50 for sporting field use. Schools located in the Liverpool LGA are charged $77.50 for the use of a sporting field for a school carnival. School Zone Carnivals are charged at $355.50 and Regional & State Carnivals are charged at 567.00.

 

 

 

 

 

 

ITEM NO:       QWN 02

FILE NO:        050020.2014

SUBJECT:     Question with Notice - Clr Hadchiti

 

As per a Council resolution Councillors are to receive a regular report, every 2 weeks I believe, on DA’s currently in Council.  I did on the 13th of February 2014 at 9.57pm send an email asking 2 of the 4 questions below but I am yet to receive a response.

1.    Has this report been sent out as per Council resolution?

I can confirm that as per the Council resolution of 29 November 2010 a report on current DAs is generated and provided to Councillors every two weeks. The most recent report was sent to Mayor and Councillors on Friday 28 February 2014 at 2.03pm.

 

2.    Who is responsible for sending out report?

The Group Manager Planning and Growth is responsible for sending this report to the Mayor and Councillors.

 

3.    How often is the information updated?

The information is updated internally and online through our new ePlanning portal as applications progress, however the report is generated every two weeks as required.

4.    Can this report be relied on to answer any constituent requests that we receive?

Yes. Mayor and Councillors and the community can also refer to the new online ePlanning portal to review any DAs which have been lodged or determined since 1 January 2014. The link to this website can be found on Council’s home page.

Planning Reports

Are DA reports that are sent to either Council or the JRPP checked and signed off by a planner/Group Manager prior to them being made public?

Yes, the normal process is for all reports sent to either Council or the JRPP to be approved  by the Group Manager prior to being made public.

However, unfortunately an error had occurred previously where a report was submitted to the JRPP which had not been reviewed and approved by the Group Manager. The relevant systems and processes have been reviewed.

IHAP

1.    What is the cost of running an IHAP meeting?

The cost of running an IHAP meeting is as follows:

 

 

 

Attendance

One x Chair

$1,000

Three x Expert

$2,640

One x Community Representative

$   240

Minutes overtime

$   100

Staff time – Reports – two days preparation

$   560

Statutory Planning Manager preparation and attendance

$   682

Site meetings

$   200

Miscellaneous catering

$   120

TOTAL

$5,542 per meeting

Twelve meetings over twelve months

$66,504 pa

IHAP deals with average of 36 applications annually so works out at $1,850 per application

Average application fee for a DA $3,000

 

2.    As part of a DA fee do applicants contribute in any way shape or form financially to these meetings?

As detailed above IHAP deals with 36 applications over the twelve month period, therefore the cost per application is on average $1,850.

The average fee for a DA is $3,000 therefore a component of this fee goes toward the cost of IHAP meetings.

 

3.    Are there any holes in the IHAP process that require attention?

As per the Memo provided to the Mayor and Councillors on 28 January 2014, IHAP processes have been reviewed. We will continue to review these processes and other opportunities for improvement will be considered. We are also benchmarking IHAP processes of other Councils.

The IHAP Charter is currently being reviewed to reflect the most recent changes and a report will be presented to Council regarding this matter at the April 2014 Council meeting.

 

 

 

 

 

 

Sect 94

When was the last time Sect 94 Contribution Plans were fully reviewed?

I find it hard to believe that a new industrial development which takes up acres of land pays next to nothing if anything at all in contributions yet a simple 2 lot subdivision dependant on the area could pay up to $30,000 in contributions.

The Liverpool Contributions Plan 2009 was adopted by Council on 14 December 2009 and came into force on 15 December 2010.  The time period between adoption and coming into force was due to the need to obtain approval from the then Department of Planning.

Contributions are levied on new Industrial development in the Prestons Industrial Release Area.  Infrastructure for the Len Waters Estate Industrial Release Area was provided directly by the developer. 

Most industrial development in the established areas of Liverpool is only redevelopment of existing premises and does not generate the need for additional infrastructure.  Accordingly, high value contributions are not levied in these areas.  It should be noted that contributions cannot be collected to pay for any previous shortfalls in infrastructure.

In the Prestons Industrial Area, contributions are levied for drainage and roadworks.  Currently contributions in the newest areas in Prestons are about $243,092 per hectare. 

By comparison, contributions for areas of conventional residential blocks in Edmondson Park are currently $406,911 per hectare.  The increased amount for residential land is because contributions are levied for recreation and community facilities, in addition to drainage and roadworks.  The amount of land required for open space is much greater than that required for roads and drainage.

 

Bush Fire Prone Land

When was the last time the Bush Fire Prone Land map was updated?

The Bushfire Prone Land Map is to be reviewed every five (5) years pursuant to Section 146 of the EP&A Act 1979, as well as the Rural Fire Service’s (RFS) publication Bushfire Prone Land Mapping Guidelines. Council’s current Bushfire Prone Land Map came into effect in 2009 and underwent minor amendments in 2011. However, since this time there has been considerable development which has cleared vegetation (hence removing the fire source). Several major residential subdivisions have occurred. A number of proposed amendments to the Bush Fire Prone Land mapping were sent to the Macarthur District RFS on 9 August 2013. The local Macarthur District RFS is still currently reviewing this proposal. Upon approval from the State RFS these maps will be formally updated. The review is expected to be completed mid to late 2014.  

 

 

 

Resident Complaint

I refer to an email I sent to the Councillor Request email at 9.35pm on the 13th of February 2014. I won’t repeat the question in public as it has a constituents details in it. Can I please have the question answered?

A formal written response to this question was provided to Clr Hadchiti on 17 March 2014 at 5.05pm via email.

 

An interim response was provided to Clr Hadchiti by the relevant Group Manager prior to that date.

 

 

 

 


 

ITEM NO:      QWN 03

FILE NO:        057497.2014

SUBJECT:     Question with Notice - Clr Stanley

 

Please address the following:

 

1.    Does Council have a history of the Badgerys Creek area? If so, does it deal with any aboriginal settlements in the area in past?

 

2.    Has there been a response to the possible provision of noise walls at Casula, as discussed at the Elected Leaders forum?

 

Responses to the above questions will be included in the April Council Meeting papers.

 


 

ITEM NO:      QWN 04

FILE NO:        057579.2014

SUBJECT:     Question with Notice - Clr Shelton

 

Please address the following:

 

The following information is requested with respect to the old court house building located on Bigge Street on the edge of the Liverpool Central Business District.

 

1.    Please itemise the works that have been carried out on this site and the improvements erected thereon over the last thirty-six months.

 

2.    Please describe any future works that it is envisioned will be carried out on this site and the improvements erected thereon in the foreseeable future (including anticipated time frames).

 

3.    Please particularise Council's future plans as they currently stand for this site and the improvements erected thereon.

 

Responses to the above questions will be included in the April Council Meeting papers.

 


 

THE MEETING CLOSED AT 10.10pm

                                              

 

<Signature>

Name: Ned Mannoun

Title:     Mayor

Date:     30, April, 2014

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  26, March, 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.


 

Text Box: 77
	ORDINARY MEETING 30 APRIL 2014
 	NOTICES OF MOTION

	

 

 


NOM 01

Communication with Councillors

 

Strategic Direction

Proud Engaged City

Engage and consult with the community to enhance opportunities for communication and involvement

Key Policy

Communications Plan

File Ref

083475.2014

Author

Anne Stanley - Councillor

 

 

 
 


Background

 

To be effective as Councillors it is important that information available to some Councillors is available to all. This will ensure that Councillors are prepared to answer questions from residents and media appropriately and in a timely manner.

 

NOTICE OF MOTION

 

That Council:

 

1.   Review current procedures and policies to ensure that information is shared equally with all Councillors at all times.

 

2.   All invitations addressed to the Mayor and Councillors are provided to all Councillors within 3 business days of receipt by Council.

 

3.   Media Releases made by Council and the Mayor are provided to all Councillors at the same time they are provided to the media.

 

4.   Any mail received by Council on behalf of Councillors is sent to Councillors' mailing address no more than 3 business days after receipt, (unless a Council meeting falls within this time and it can be delivered at a Council Meeting).

 

5.   A report addressing these issues be provided at the Council Meeting 25th June 2014.

 

ACTING CHIEF EXECUTIVE OFFICER’S COMMENT

 

The Councillor Access to Information and Interaction with Staff Policy ensures information is shared equally with all Councillors. Information is included on the Councillor Intranet and memos and emails are sent to all Councillors. The only exception to this are emails which are sent directly to a specific Councillor, in response to a Councillor’s request sent through the Councillor Request inbox.

 

 

 


Invitations are received and registered in TRIM (Council’s Electronic Document Management System) and sent to Councillors electronically. Where a hard copy invitation is required, this will be provided to Councillors within the 3 business day timeframe specified in the Notice of Motion.

 

Media Releases are published on Council’s website as soon as practicable after being provided to the media. These could be forwarded to all Councillors at that time. The Mayor does not issue separate media releases.

 

Council’s Councillor Support Officer monitors the mail received by Council on behalf of Councillors and will liaise with individual Councillors to ensure mail is delivered to them, either electronically or to the Councillors mailing address, so that it’s sent no more than 3 business days after receipt.  

 

Should a report to Council be required to provide further detail on the above, it can be provided at the June Council meeting.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

There are no social and cultural considerations.

Civic Leadership and Governance

Provide information about Council’s services, roles and decision making processes.

Deliver services that are customer focused.

Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

 

 

ATTACHMENTS

 

 

 
Nil


79

Ordinary Meeting 30 April 2014

Notices of Motion

 

NOM 02

Sale or Purchase of Council's Property Portfolio

 

Strategic Direction

Leading Proactive Council

Provide business excellence and financial sustainability to deliver services that meet community expectations

Key Policy

Property Strategy

File Ref

087904.2014

Author

Anne Stanley - Councillor

 

 

Background

 

I am told that the proceeds or price paid for the purchases or sales within Councils' Property Portfolio is not routinely reported to its ratepayers. Whilst it is understandable that during negotiation this information is sensitive and should be kept confidential; it is reasonable that after the transaction is completed that ratepayers are made aware of what Council has done to improve the position of Council and are kept abreast of the financial position of Council.

 

 

NOTICE OF MOTION

 

That Council:

 

1.    Provides global figures in its Annual Financial Statements relating to the acquisition and/or disposal of real property as follows:

 

a)    Proceeds from disposal – funds transferred into the Property Development Reserve;

b)    Proceeds from disposal – funds transferred into a Section 94 Contribution Fund;

c)    Land acquired for drainage purposes; and

d)    Land acquired for open space purposes;

 

2.    Where appropriate, gives consideration to publicly disclosing the acquisition and or disposal value of real property assets with a value in excess of $2,500,000 within the following financial year.

 

 

 

 

ACTING CHIEF EXECUTIVE OFFICER’S COMMENT

 

Council in its Annual Financial Statements will provide the global figures for real property that has been either acquired or sold by Council. Figures will be provided on the following basis:

 

·         Proceeds from disposal – transferred into the Property Development Reserve;

·         Proceeds from disposal – transferred into a Section 94 Contribution Fund;

·         Land acquired for drainage purposes; and

·         Land acquired for open space purposes.

Council’s Annual Financial Statement for the financial year ending 30 June 2014 will be published in November 2014. This upcoming publication will include the global figures as detailed above from 1 July 2013 to 30 June 2014 and will be available to the public.

 

Council will consider disclosing the acquisition and or disposal value of real property assets with values in excess of $2,500,000 on a case by case basis. Disclosure of this information however is not recommended till at least 12 months after the date of the transaction. If considered appropriate, disclosure of such transactions will be undertaken via an open report to Council.

 

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

There are no social and cultural considerations.

Civic Leadership and Governance

Provide information about Council’s services, roles and decision making processes.

Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

 

 

ATTACHMENTS

 

Nil   


81

Ordinary Meeting 30 April 2014

Independent Hearing and Assessment Panel Report

 

IHAP 01

Construction of a four storey commercial building as an educational establishment, installation of signage at 28 Memorial Avenue, Liverpool

 

Strategic Direction

Vibrant Prosperous City

Activate the city centre and develop vibrant places that attract people to Liverpool

Key Policy

City Centre Strategy

File Ref

072058.2014

Report By

Venetin Aghostin - Team Leader Statutory Planning

Approved By

Carole Todd - Acting Group Manager Planning and Growth

 

Property

28 Memorial Avenue Liverpool (Lot 1 DP 229113)

Owner

Shalalo Elisha Pty Ltd

Applicant

Michael Brown Planning Strategies Pty Ltd

 

 

Executive Summary

 

Council is in receipt of a development application proposing the construction of a four storey commercial building with associated parking, use of the building as an educational establishment; and installation of business identification signage at 28 Memorial Avenue, Liverpool.

 

Pursuant to the Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, this application was referred to the IHAP who recommended that the application be approved as a Deferred Commencement Consent subject to the conditions recommended in the Council officer’s report with the exception of certain conditions that IHAP recommended be further modified.

 

The conditions which the IHAP recommended be modified relate to Deferred Commencement Condition No. 1(c) which requires building design improvements and Condition No. 86 restricting the hours of operation, as follows:

 

·    Deferred commencement condition 1(c) be amended to read “The stairwell to the laneway (Norfolk Serviceway) should incorporate a vertical strip of glazing or metal screen that would comply with BCA requirements for fire stairs.”

 

 

·    Proposed condition 86 be amended by deleting “8:30am to 6:30pm” and inserting “8am to 9pm” and adding at the end of the sentence “and on Saturday’s 9am to 4pm”.

 

Council officers agree with the IHAP recommendation.

 

RECOMMENDATION

 

That Council:

 

1.            Approve Development Application No. DA-1022/2013 as a Deferred Commencement Consent subject to the recommended conditions attached to the Council officer’s IHAP Report and as modified by IHAP as follows:

 

·    Deferred commencement condition 1(c) be amended to read “The stairwell to the laneway (Norfolk Serviceway) should incorporate a vertical strip of glazing or metal screen that would comply with BCA requirements for fire stairs.”

 

·    Condition 86 be amended by deleting “8:30am to 6:30pm” and inserting “8am to 9pm” and adding at the end of the sentence “and on Saturday’s 9am to 4pm”.

 

REPORT

 

Background

Council is in receipt of a development application proposing the construction of a  four storey commercial building with associated parking, use of the building as an educational establishment; and installation of business identification signage at 28 Memorial Avenue, Liverpool.

 

Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to the IHAP for consideration, and is now referred to Council for consideration and determination, as the proposed development includes a request to vary a development standard relating to the minimum building street frontage in excess of 10%, pursuant to Clause 4.6 of the Liverpool Local Environmental Plan 2008 (LLEP 2008).

 

At their meeting on 31 March 2014, IHAP made the following recommendations:

 

1.   The Panel recommends that development application 1022/2013 for the construction of a four storey commercial building with associated car parking, use of the  building as an educational establishment and installation of associated signage at 28 Memorial Avenue, Liverpool be approved subject to the conditions recommended in the Council officer’s report as modified in recommendation 2 below.

 

2.   The Panel recommends that the following amendments be made to the conditions:

 

·     Deferred commencement condition 1(c) be amended to read “The stairwell to the laneway (Norfolk Serviceway) should incorporate a vertical strip of glazing or metal screen that would comply with BCA requirements for fire stairs.”

 

·     Proposed condition 86 be amended by deleting “8:30am to 6:30pm” and inserting “8am to 9pm” and adding at the end of the sentence “and on Saturday’s 9am to 4pm”.

 

It is noted that the applicant initially sought hours of operation from 8:30am to 6:30pm, Mondays to Fridays. However, at the IHAP meeting, the applicant requested that hours of operation be extended to 8:30am to 9:00pm, Mondays to Fridays and 9:00am to 4:00pm on Saturdays. This request was considered to be acceptable by the Panel and Council officers.

 

It is also noted that following the IHAP meeting, Council officers sought commentary from Council’s Environmental Health Officer who has raised no objection to the extended hours of operation, as they are considered to be minor in terms of potential environmental impacts; due to the nature of the proposed use and that residential development is not located within the immediate vicinity.

 

The proposal

The development application seeks consent for the construction of a four storey commercial building with associated car parking, including the use of the building as an educational establishment and installation of associated business identification signage. The key components of the proposal are as follows:

 

·    The height of the building along Memorial Avenue is 19.25 metres. The overall height is reduced to 15.01 metres at the rear.

·    The Floor Space Ratio (FSR) is 2.47:1 (based on a Gross Floor Area of 1,241.9m2 and site area of 502.4m2).

·    The building will have a nil setback to all its boundaries being Memorial Avenue; Norfolk Serviceway and to its side boundaries.

·    The building will contain two interview rooms on the ground floor, fourteen classrooms, ten offices, meeting rooms and lunch rooms.

·    The tenant is the Australian Careers Business College which will run up to twelve classes at any one time.

·    The expected number of teachers is ten and the expected number of students is 180-200 at any one time, with most of the students attending classes 3-4 times per week.

·    Car parking will include one disabled car space, three spaces for small cars and five ordinary spaces, providing a total of nine car parking spaces on the site.

·    Vehicular access is proposed from Norfolk Serviceway to the ground floor car park.

·    The hours of operation proposed under the Development Application are 8.30am to 6.30pm, Mondays to Fridays. However IHAP has recommended that these be modified and extended, as described earlier in this report.

The site

The site is identified as Lot 1 DP 229113 and is located at 28 Memorial Avenue, Liverpool. The site has a total area of 502.4m2, is irregular in shape and has a lot width of 12 metres.

 

Figure 1: Aerial Photograph

 

The issues

The main issue identified with respect of the proposal relates to the proposed variation to the minimum building street frontage requirement prescribed by Clause 7.16 of the LLEP 2008 and to the design excellence provisions prescribed in Clause 7.5 of the LLEP.

 

Clause 7.16 requires the site to have a minimum frontage of 24 metres, however, the site only has a frontage of 12 metres thereby representing a 50% variation to the LLEP development standard. The variation is considered to be acceptable in the circumstances of this case, as outlined in the planning report to IHAP, attached under separate cover.

 

With respect to design excellence, while the proposal generally demonstrates design excellence there were certain design improvements which Council officers requested that the applicant incorporate into the rear elevation facing Norfolk Serviceway. These improvements which are discussed in the attached report were not incorporated into amended plans submitted by the applicant. The improvements are considered to be necessary if the development is to achieve the high standard of urban design that is prescribed by the LLEP. In this regard, the requirements are recommended to be imposed as conditions of a ‘Deferred Commencement Consent’.

 

Exhibition of the proposal

In accordance with the LDCP 2008, the application was publicly advertised and notified to

surrounding properties. No submissions have been received in response.

 

Conclusion

Pursuant to the assessment of the application in accordance with the provisions of the EP&A Act 1979 and the LLEP 2008, it is considered that the proposed development including the variation to the minimum building street frontage development standard of the LLEP is acceptable for reasons as outlined in the attached report. Accordingly, the application is recommended for approval as a ‘Deferred Commencement’ Consent and subject to conditions, to enable the applicant to satisfactorily address the design excellence provisions of the LLEP, without further delay to the determination of the current Development Application.

 

CONSIDERATIONS

 

Economic and Financial

Enhance the environmental performance of buildings and homes.

Environmental and Sustainability

Enhance the environmental performance of buildings and homes.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

Applicant and Land Owner Details

2.View

IHAP report (Under separate cover)

3.View

IHAP recommendation (Under separate cover)

4.View

Revised Conditions of Consent (Under separate cover)

  


86

IHAP 01

Construction of a four storey commercial building as an educational establishment, installation of signage at 28 Memorial Avenue, Liverpool

Attachment 1

Applicant and Land Owner Details

 


87

Ordinary Meeting 30 April 2014

Independent Hearing and Assessment Panel Report

 

IHAP 02

Demolition of two dwellings,multi-dwelling housing development, community title subdivision at 13 & 15 Continua Court, Wattle Grove

 

Strategic Direction

Liveable Safe City

Deliver an efficient planning system which embraces sustainable urban renewal and development

Key Policy

Urban Development Plans

File Ref

072391.2014

Report By

Tyson Moller - Development Assessment Planner – Statutory Planning

Approved By

Carole Todd - Acting Group Manager Planning and Growth

 

Property

13 & 15 Continua Court, Wattle Grove (Lots 34 & 35, DP 808387)

Owner

Defence Housing Authority

Applicant

Defence Housing Authority

 

 

Executive Summary

 

The subject application seeks development consent for the demolition of two residential dwelling houses and the construction of a multi-dwelling residential development at No. 13 and 15 Continua Court, Wattle Grove (Lots 34 and 35, DP 808387).  The main elements of this proposal include:

 

·    The demolition of two existing residential dwelling houses;

·    The construction of 5 x two storey multi-dwelling development;

·    The provision of landscaped areas;

·    The provision of parking facilities; and

·    A Community Title subdivision creating six lots.

The subject application was advertised on two separate occasions. In response, a total of twenty two submissions were received which objected to the proposed development.  Due to the number of submissions received, the application was presented before Council’s Independent Hearing and Assessment Panel (IHAP) on 31 March 2014, pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure. At this meeting, the IHAP recommended that Development Application No. DA-548/2013 be approved subject to the amended conditions of consent attached to this report (under separate cover)

 

It is noted that the IHAP recommended a ‘legible’ subdivision plan is submitted with the application. However, it is considered that the subdivision plan (identified as masterplan – ground floor plan within the attached IHAP report) submitted with the application is legible and clearly illustrates the lot layout of the proposed community title subdivision.

 

 

RECOMMENDATION

 

That Council:

 

1.   Approves Development Application No. DA-548/2013 for the demolition of two residential dwellings, the construction of five two storey multi-dwelling townhouses and Community Title subdivision at No.13 and 15 Continua Court, Wattle Grove (Lots 34 and 35, DP 808387), subject to the recommended conditions of consent as contained within attachment 3.

 

2.   Notifies the persons who made a submission with regard to the proposed development in writing of Council’s decision.

 

 

REPORT

 

The proposal

The subject application seeks development consent for the demolition of two residential dwelling houses and the construction of a multi-dwelling residential development at No. 13 and 15 Continua Court, Wattle Grove.  Details of the proposal are as follows:

 

·    The demolition of two existing residential dwelling houses;

·    The construction of a two storey multi-dwelling residential development, consisting of three x 3 bedroom townhouses and two x 4 bedroom townhouses;

·    The provision of landscaped areas, including private open space areas for each of the proposed townhouses;

·    The provision of parking facilities, including two parking spaces per townhouse (accommodated within individual single and double garages) and two visitor parking spaces that would service the proposed development; and

·    A Community Title subdivision creating six lots.

The site

The subject site is known as No. 13 and 15 Continua Court, Wattle Grove (Lots 34 and 35 DP 808387). The subject site has frontage to Continua Court (a residential cul-de-sac) and adjoins a number of residential sites containing detached residential dwelling houses. Both the subject site and the surrounding lots are within the R3 Medium Density Residential zone. The subject site is an irregularly shaped lot with a total area of approximately 1690m2.

 

 

Exhibition of the proposal

The subject application was initially advertised for a period of fourteen days from 19 June 2013 to 4 July 2013, in accordance with Part 1.1 of Liverpool Development Control Plan (LDCP) 2008. During this period, Council received four documents containing seventeen signatures objecting to the proposed development. Following the submission of amended and additional information, the amended application was advertised for a further sixteen day period from 15 January 2014 to 31 January in accordance with Part 1.1 of LDCP 2008. During this period, Council received a further three submissions containing five signatures objecting to the proposed development. In total, twenty-two submissions were received that objected to the proposed development on the following grounds:

 

·   Design, residential character and visual amenity

·   Zoning, planning, housing density, site suitability and zone objectives

·   Car parking and traffic

·   Privacy

·   Pollution

·   Waste management plan

·   Impact on property values

·   Overshadowing/loss of light

·   Plan layout

·   Insufficient sewage infrastructure

·   Boundary fencing

·   Damage to fencing

 

These issues were canvassed and addressed within report present to the IHAP on 31 March 2014 (attachment 1).

 

Crown Development

It is noted that the application has been made by a Crown Authority being the Defence Housing Authority (DHA). Accordingly, the recommended conditions of consent were provided to the DHA for concurrence pursuant to the requirements of Clause 89 Determinations of Crown development applications of the Environmental Planning and Assessment Act 1979 which stipulates that a consent authority must not “impose a condition on its consent to a crown development application, except with the approval of the applicant or the minister..”.

 

The DHA being the applicant, responded with a request to delete condition 9 and amend the wording of condition 18 recommended within the IHAP report. The revised conditions of consent are contained within attachment 3 (under separate cover). 

 

Conditions No.9 which has now been deleted reads as follows:

 

               “Crime Prevention Through Environmental Design

 

9.          It is recommended that the following Crime Prevention Through Environmental       Design (CPTED) principles be incorporated into the building.  Where necessary,           plans shall be amended to reflect incorporation of the principles and/or details of         such to be submitted to the PCA.

(a)    Back to base alarm systems shall be considered;

(b)    CCTV for the ground level, entry/exit points, car parks, lifts and the exterior of the building shall be considered;

(c)    Lighting is required to be designed in accordance with the Australian and New Zealand Lighting Standard AS 1158.  A lighting maintenance policy should be established.  Security lighting should be installed in and around the building, and such shall not impact on any adjoining premises.  The lighting should be vandal resistant, especially external lighting;

(d)    Corrugated ramps should be considered to prevent skate boarding activities;

(e)    Glazed tiling, patterned, porous and non solid surfaces reduce the reward for graffiti offenders;

(f)     Any external approved palisade or pool style fencing shall be black in colour, unless otherwise noted on the approved plans/details.”

Condition No. 18 as contained within the Council officer’s IHAP report reads as follows:

 

“Parking Restrictions

 

18.        The developer is to submit appropriate plans showing proposed parking        restrictions on Continua Court for the full frontage length of the development for     the Liverpool Traffic Committee’s approval. “

 

Condition No. 18 which is now condition No.17 contained within the amended conditions of consent (attachment 3), reads as follows:

 

“Parking Restrictions

 

       17.       The developer shall consult with Council’s Traffic and Transport Section by                               paying a fee of $300 to Council, to cover Council’s cost of implementing parking                             restrictions on Continua Court, for the full frontage length of the development.                              The CC shall not be issued until the PCA is satisfied that this fee has been paid                             to Council.”

 

Conclusion

The subject site is located within a R3 Medium Density Residential zone under Liverpool Local Environment Plan (LLEP) 2008.  Multi dwelling housing, as defined by the LLEP 2008, is a permissible form of development with consent within this zone.  It is considered that the proposed development satisfies the objectives of the R3 Medium Density Residential zone.

 

A number of submissions were received in response to the application. These submissions expressed concerns relating to a range of issues, predominantly with respect to on-street car parking, traffic generation, zoning and site suitability, building character and visual impacts, privacy, concerns regarding information contained within submitted reports, amenity and fencing. Additional information was subsequently submitted by the applicant to address the concerns raised and to satisfy relevant planning controls.

 

It is not anticipated that that the proposed development will result in undue traffic impacts or additional on-street parking demand. It is also not expected that the proposed development would significantly impact upon the natural or built environments and will incur minimal social or economic impacts. The proposed development generally satisfies applicable development controls and the objectives of the R3 Medium Density Residential zone, and is considered suitable for the site.

 

Having regard to the matters of consideration as prescribed by Section 79C of the Environmental Planning and Assessment Act 1979, it is recommended that the subject application be approved, subject to the recommended conditions of consent.

 

CONSIDERATIONS

 

Economic and Financial

Enhance the environmental performance of buildings and homes.

 

Environmental and Sustainability

Enhance the environmental performance of buildings and homes.


Social and Cultural

Regulate for a mix of housing types that responds to different population groups such as young families and older people.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

NOTE: No applicant or land owner details as they are not a registered business.

 

ATTACHMENTS

 

1.View

IHAP Report (Under separate cover)

2.View

IHAP Recommendation (Under separate cover)

3.View

Revised conditions of consent

  


92

IHAP 02

Demolition of two dwellings,multi-dwelling housing development, community title subdivision at 13 & 15 Continua Court, Wattle Grove

Attachment 3

Revised conditions of consent

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


110

Ordinary Meeting 30 April 2014

Independent Hearing and Assessment Panel Report

 

IHAP 03

Alterations and additions to the existing dwelling, a carport and two lot Torrens title subdivision at 29 Templeton Crescent, Moorebank

 

Strategic Direction

Liveable Safe City

Deliver an efficient planning system which embraces sustainable urban renewal and development

Key Policy

Urban Development Plans

File Ref

073057.2014

Report By

Jonathan Archibald - Development Assessment Planner

Approved By

Carole Todd - Acting Group Manager Planning and Growth

 

Property

29 Templeton Crescent Moorebank (Lot 78 DP 224165)

Owner

Anthony Dali, Connie Dali & Esther Angrisano

Applicant

Absolute Design Group Pty Ltd

 

 

Executive Summary

 

The development application seeks consent for alterations and additions to the existing dwelling, the construction of a carport and two lot Torrens title Subdivision at 29 Templeton Crescent, Moorebank (Lot 78 DP 224165). The site is zoned R3 Medium Density Residential, with an area of 682.9m2 and currently accommodates a single storey brick dwelling.

 

The proposal includes a minimum lot width of 7.62 metres for proposed Lot 782, representing a variation of 23.8% to the minimum lot width requirement of 10 metres for subdivision as specified in Clause 7.13 (Minimum lot width in Zones R1, R2, R3 and R4) of the Liverpool Local Environmental Plan (LLEP) 2008. Accordingly, pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the application was referred to the IHAP for consideration.

 

The proposal was required to be notified in accordance with Part 1.1 of the Liverpool Development Control Plan (LDCP) 2008 between 3 December 2013 to 17 December 2013. During this period, Council received two submissions, containing three signatures. Issues raised predominately relate to privacy, compatibility of the proposed development with respect to the character of the area and concerns relating to existing sewer at the site.

 

Following a detailed assessment of the proposal, it is considered that the proposal is appropriate and acceptable for the locality. While the proposal does not meet the minimum lot width requirement of 10 meters to proposed Lot 782, as specified in Clause 7.13 of the LLEP 2008, the proposed subdivision is compliant with other relevant planning controls, contributes to a variety of housing within the locality, and is consistent with zone objectives. It is therefore recommended that the application be approved subject to the attached (under separate cover) conditions of consent.

 

 

RECOMMENDATION

 

That Council:

 

1.   Approves DA-1314/2013 for the alterations and additions to the existing dwelling and the construction of a carport and two lot Torrens title subdivision at 29 Templeton Crescent, Moorebank (Lot 78 DP 224165).

 

2. The persons who made a submission with regard to the proposed development be            notified in writing of Council’s decision.

 

 

 

 

REPORT

 

The site is identified as 29 Templeton Crescent, Moorebank (Lot 78 DP 224165) and is located within the R3 Medium Density Residential Zone pursuant to the LLEP 2008. The site is an irregular shaped lot, with a total area of approximately 682.9m2 and currently accommodates an existing brick single storey dwelling.

 

The site has a frontage of 27.433 metres to Templeton Crescent, is 34.29 metres in length along the Northern (side) boundary, 32 metres in length along the Southern (side) boundary, and 15.24 metres along the Eastern (rear) boundary.

 

SUBJECT SITE

 

 

Figure 1: Aerial photograph of subject site.

 

The proposal includes:

 

·    Two lot Torrens title subdivision;

·    Partial demolition to the northern portion of the existing single brick dwelling at Lot 78 DP 224156 (to facilitate subdivision of the site);

·    Alterations and additions to the existing single storey brick dwelling, including construction of a carport to the front of the dwelling with associated new driveway access.

A breakdown of the subdivision component of the proposal is as follows:

 

Proposed Lot Number

Proposed Lot Area (square metres)

Lot frontage)

781

 

341.9sqm

 

13.71 metres (frontage to Templeton Crescent)

Minimum lot width : 7.62 metres

 

782

 

341sqm

 

 

15.24 metres (frontage to Templeton Crescent)

Minimum lot width : 7.62 metres

 

 

It is noted that proposal seeks a minimum lot width of 7.62 metres along the eastern/rear boundary, representing a variation of 23.8% to the minimum lot width requirement of 10 metres for subdivision only as specified in Clause 7.13 Minimum lot width in Zones R1, R2, R3 and R4 of the LLEP 2008. It is noted however that the proposal includes an average lot width of 10.67 metres across the site. On this basis, the application has been accompanied with a request to vary this development standard pursuant to clause 4.6 of the LLEP 2008.

 

The proposal was required to be notified in accordance with Part 1.1 of the Liverpool Development Control Plan 2008 during the period 3 December 2013 to 17 December 2013. During this period, Council received two submissions, containing three signatures. Issues raised predominately relate to privacy, compatibility of the proposal with respect to the character of the area (including subdivision lot size) and concerns relating to existing sewer at the site.

 

As noted above, the proposal complies with minimum lot size provisions contained within Clause 4.1 of LLEP 2008, which specifies a minimum lot size of 300sqm.  Additionally, when assessed on merit, the proposal is considered suitable for the site, as it is unlikely to result in any impacts on the natural or built environments, nor incur any social or economic impacts within the area. It is considered the proposal will provide for the housing needs of the community within a medium density residential zone while maintaining a high level of residential amenity, in accordance with the objectives for the R3 Medium Density Residential Zone.

 

In relation to sewer matters, the creation of any new lots would require the establishment of new sewer connections by way of a Section 73 application to Sydney Water. Additionally, a condition is recommended prior to any construction certificate, requiring an investigation be undertaken of any existing sewer pipes or connections at the site to be confirmed and assessed for functionally and structural integrity.

 

The subdivision is generally consistent with development controls and existing built form within the area. Having regard to the matters of consideration as prescribed by Section 79C of the Environmental Planning and Assessment Act 1979, it is recommended that the application is supported on merit.

 

The proposal was reviewed by the IHAP on 31 March 2014, who responded in support of the proposal, subject to the deletion of the proposed carport from the front setback of proposed Lot 781. Concerns raised by the panel with respect to the proposed carport within the front setback of the existing house, include compatibility with the existing streetscape particularly given the lack of similar structures within the same street.

 

It is acknowledged that although there are no similar structures identified within the street, adjoining streets within the locality contain dwellings with carports within the front setback. The proposed carport is a permissible use within the zone, is compliant with relevant planning controls and would not inhibit any privacy or amenity to nearby properties. Additionally, the proposed carport is considered to provide suitable covered off street parking at the site pursuant to LDCP 2008 objectives. Therefore Council Officers support the addition of the carport component against IHAP recommendations.

 

Conclusion

The application has been assessed against the relevant considerations prescribed by Section 79C of the Environmental Planning and Assessment Actin1979 as detailed above. Following assessment of the proposal, it is considered that the proposed development is worthy of support. On this basis it is recommended that consent be granted to DA-1314/2013 subject to the recommended Conditions of Consent contained within Attachment 2.

 

CONSIDERATIONS

 

Economic and Financial

Enhance the environmental performance of buildings and homes.

Environmental and Sustainability

Enhance the environmental performance of buildings and homes.


Social and Cultural

Regulate for a mix of housing types that responds to different population groups such as young families and older people.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

 

 

ATTACHMENTS

 

1.View

IHAP report (Under separate cover)

2.View

IHAP recommendation (Under separate cover)

  


114

Ordinary Meeting 30 April 2014

Independent Hearing and Assessment Panel Report

 

IHAP 04

Torrens title subdivision at 31 Dale Avenue, Liverpool (Cnr Dale Avenue and St Pauls Crescent)

 

Strategic Direction

Liveable Safe City

Deliver an efficient planning system which embraces sustainable urban renewal and development

Key Policy

Urban Development Plans

File Ref

075813.2014

Report By

Brendon Clendenning - Senior Development Planner

Approved By

Carole Todd - Acting Group Manager Planning and Growth

 

Property

31 Dale Avenue, Liverpool (Lot 172 DP 25952)

Owner

Mr J N Me'adi

Applicant

Mr J N Me'adi

 

 

Executive Summary

 

Council has received and considered a development application proposing the Torrens title subdivision of one lot into two lots (corner Dale Avenue and St Pauls Crescent) at 31 Dale Avenue, Liverpool.

 

The application was referred to the Independent Hearing and Assessment Panel (IHAP) who recommended that the application be approved subject to design restrictions relating to the future development of proposed Lot 1, which is currently vacant. The design restrictions recommended seek to restrict the area in which a dwelling may be erected by stipulating setbacks from boundaries.

 

The IHAP recommendation has been considered in the context of applicable planning instruments and Development Control Plans and it is concluded that the IHAP recommendation is appropriate, subject to additional amendments which are discussed in detail later in this report.

 

 

RECOMMENDATION

 

That Council approve Development  Application DA-1111/2013, subject to the recommended conditions attached to the Council officer’s IHAP Report and as modified by IHAP and the Council officer as follows:

 

 

12.     The final plan of subdivision must be supported by an 88B instrument to the approval of Council.  The 88B instrument shall properly reflect the requirements of the conditions of development consent, the plans forming part of the consent, and Councils standards, codes and policies. The 88B instrument shall include the following provisions:

 

                             Any dwelling to be granted consent on Lot 1 must incorporate the following                       design measures:

 

·    With the exception of a garage used for parking a vehicle, the rear building line of any dwelling erected on the site shall be provided at a distance of no greater than 9.5 metres from the front boundary.

 

·    Any dwelling erected on the site shall be provided at a distance of no greater than 0.9 metres from the north-western boundary.

 

·    Any dwelling erected on the site shall be provided with a 3 metre wide splay at the south-western corner of the building, to address the streetscape.

 

Part 2 of the 88B instrument shall contain a provision that any easements, right of ways or covenants shall not be extinguished or altered without the written consent of Council.

 

REPORT

 

Background

Council has received and considered a development application proposing the Torrens title subdivision of one lot into two lots (corner Dale Avenue and St Pauls Crescent) at 31 Dale Avenue, Liverpool.

 

Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to the IHAP for consideration, and is now referred to Council for consideration and determination; as the proposed development includes a request to vary a development standard in excess of 10%, pursuant to Clause 4.6 of the Liverpool Local Environmental Plan 2008 (LLEP 2008).

 

At their meeting on 31 March 2014, IHAP made the following recommendation:

 

“The Panel agrees with the recommendation contained within the assessment report subject to the inclusion of additional conditions of consent. These conditions are:

 

1.   The footprint of the proposed structure is two metres from the front alignment (Dale Avenue) and the setback from the rear (to Lot 206) boundary is increased by two metres. The reason for this condition is to ensure that the private open space of the existing dwelling on the adjoining property to the north, fronting St Pauls Crescent is not compromised. The private open space of the proposed Lot 1 is enhanced.

 

2.   The setback to the boundary on Lot 206 St Pauls Crescent and to Lot 2 is 900 on the ground floor and the first floor level. 

 

3.   The junction between the side building alignment and the front building alignment should be expressed as a splay approximately three metres long. Due to the irregular shape and small size of the allotment, the above recommendations shall be incorporated into the 88b instrument referred to in condition 12”.

 

With respect to point 2 above, it is noted that the adjoining properties to the north-west are identified as Lot 2061 and Lot 2062 within DP 841351, however the submitted plans had incorrectly identified Lot 2062 as Lot 206.

 

The Proposal

The application seeks consent for Torrens title subdivision of one lot into two lots, as shown in Figure 1. The proposal includes two lots fronting Dale Avenue, one of which has a lot size under 300m2, and a lot width under 10 metres, with each of these representing a numerical non-compliance with the respective requirements for minimum subdivision lot size and minimum subdivision lot width.

 

Figure 1 Extract of Proposed Plan of Subdivision

Accordingly, the application is accompanied by written requests, pursuant to Clause 4.6 of the LLEP 2008, to vary:

 

·    Clause 4.1 of the LLEP 2008, which prescribes the minimum subdivision lot size requirement, and

 

·    Clause 7.13 of the LLEP 2008, which prescribes the minimum subdivision lot width requirement.

 

The applicant  has provided an indicative floor plan and building footprint for proposed Lot 1 to enable consideration of the proposal with respect to Council’s relevant development standards and controls.

 

The Site

The subject site is known as 31 Dale Avenue, Liverpool. The legal description of the subject site is Lot 172 DP 25952. The subject site has a total area of 708.2m2.

 

SUBJECT SITE

 

Figure 2 Aerial image of the subject site

IHAP recommendation

The IHAP recommendation seeks to minimise the impacts of any future dwelling on proposed Lot 1 on the private open space area of the adjoining property to the north, being 24B St Pauls Crescent; and to maximise the size of the private open space of the subject site. The recommendation seeks to provide a requirement on proposed Lot 1 by way of an 88B restriction such that the design of any dwelling on the property addresses these impacts.

 

The recommended restrictions are summarised and discussed below:

 

1.   The rear setback to be two metres greater than that shown on the indicative plans. The site does not have a typical rear boundary, as the north-western boundary, which is shared with 24B St Pauls Crescent, also functions as a side boundary. Thus, the setback cannot be expressed as the distance between the rear building line and the rear boundary, as this varies across the site. Rather, the rear setback is more appropriately determined by calculating the distance between the rear building line and the front (or southern) boundary. This distance is approximately 11.5 metres, and is the sum of the front setback to the garage (5.5 metres) and the length of the garage (6 metres). If an additional two metre setback were required, this distance would be reduced to approximately 9.5 metres.

 

2.   The front setback to be 2 metres, rather than the proposed 4.5 metres. This would reduce the front setback by 2.5 metres, which is 0.5 metres greater than the reduction in the distance from the front boundary to the rear building line. As both the length and width of the building would increase (noting that the site becomes gradually wider from north to south), point (1) of the IHAP recommendation would enable an overall increase in floor area

 

3.   The setback to the north-western boundary to be 0.9 metres. This is consistent with the proposal, with the exception of the first floor which currently proposes a setback of 1.2 metres in accordance with the requirements of Liverpool DCP. The IHAP are of the view that a consistent side setback between the two storeys would result in a better design outcome and streetscape appearance. 

 

4.   A 3 metres wide splay to be provided to the building south-western corner of the building. Note that the IHAP recommendation does not indicate the angle or orientation of the splay, and therefore it is not certain how this element would impact on a building at the site. However, a suitable splay would be assessed on its merits as part of a future application for a dwelling.

An estimation of the future dwelling design as amended by the above requirements is illustrated in Figure 2

 

Figure 3 Estimated layout (shown in red) of the proposal as amended by the conditions. The front building line as currently proposed is shown as dashed.

 

It is evident that the IHAP recommendation would improve the amenity of the private open space area at the rear of Lot 1, particularly in terms of its size and provision of solar access. In addition, the increased rear setback would minimise the bulk and scale impacts to the southern portion of 24B St Pauls Crescent, which serves as the principal private open space area to that dwelling, and is provided with an approximately 1.8 metre high front fence to the street in order to maximise its privacy.

 

However in consideration of the IHAP recommendation, any future proposal is likely to result a non-compliance with the LLEP 2008 floor space ratio requirement. Such non-compliance would require consideration based on the merits of any future application, with respect to matters concerning the amenity of the subject site and neighbouring properties, and the impacts to the streetscape. On this basis, it is recommended that the IHAP recommendation requiring a 2 metre front setback be removed in order to enable flexibility with any design, such that these impacts may be mitigated.

 

In accordance with the IHAP recommendation and the assessment conducted above, it is recommended that draft Condition 12 is amended as follows:

 

12  The final plan of subdivision must be supported by an 88B instrument to the approval of Council. The 88B instrument shall properly reflect the requirements of the conditions of development consent, the plans forming part of the consent, and Councils standards, codes and policies. The 88B instrument shall include the following provisions:

                             Any dwelling to be granted consent on Lot 1 must incorporate the following                       design measures:

 

·    With the exception of a garage used for parking a vehicle, the rear building line of any dwelling erected on the site shall be provided at a distance of no greater than 9.5 metres from the front boundary.

 

·    Any dwelling erected on the site shall be provided at a distance of no greater than 0.9 metres from the north-western boundary.

 

·    Any dwelling erected on the site shall be provided with a 3m wide splay at the south-western corner of the building, to address the streetscape.

 

Part 2 of the 88B instrument shall contain a provision that any easements, right of ways or covenants shall not be extinguished or altered without the written consent of Council.

 

Conclusion

The application has been assessed against the relevant considerations prescribed by Section 79C of the Environmental Planning and Assessment Act 1979 and is worthy of support. On this basis, the application is recommended for approval, subject to the draft conditions presented to IHAP, and the amendment to Condition 12 provided herein.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

Enhance the environmental performance of buildings and homes.

 


Social and Cultural

Regulate for a mix of housing types that responds to different population groups such as young families and older people.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

ATTACHMENTS

 

1.View

IHAP report (Under separate cover)

2.View

IHAP recommendation (Under separate cover)

  


120

Ordinary Meeting 30 April 2014

Independent Hearing and Assessment Panel Report

 

IHAP 05

Two lot Torrens title subdivision of proposed Lot 4003 created in DA-1964/2012 at 1962 Camden Valley Way, Edmondson Park

 

Strategic Direction

Liveable Safe City

Deliver an efficient planning system which embraces sustainable urban renewal and development

Key Policy

Urban Development Plans

File Ref

077982.2014

Report By

Shannon Rickersey - Senior Development Planner

Approved By

Carole Todd - Acting Group Manager Planning and Growth

 

Property

1962 Camden Valley Way, Edmonson Park (Lot 45 DP 29317)

Owner

Mr C Nicita, Ms L Damico, Mr G Carlono, Ms G Damico and Mrs C Carlino

Applicant

North Western Surveys Pty Ltd

 

 

Executive Summary

 

Council has received and considered Development Application DA-1457/2013 which seeks consent for a two lot Torrens title subdivision of proposed Lot 4003 approved in DA-1964/2012 which granted consent for Consolidation of 8 Lots (Proposed DA-679/2012 and DA-1923/2012) into 4 Torrens Title Lots earthworks, remediation, fencing & dedication of public road and signage.

 

The Development Application was not required to be notified or exhibited in accordance with Liverpool Development Control Plan 2008 (LDCP 2008).

 

The Development Application was referred to the Independent Hearing and Assessment Panel (IHAP) for consideration on 7 April 2014 in accordance with the IHAP Charter and Procedure.  The Panel concurred with the planning officer’s recommendation to approve the development.

 

The development accords with Council’s strategic vision to facilitate economic development.

 

Council officers agree with the IHAP recommendation and it is therefore considered that Development Application DA-1457/2013 should be approved.

 

 

 

RECOMMENDATION

 

That Council approve Development Application DA-1457/2013 for a two lot Torrens title subdivision of proposed Lot 4003 approved in DA-1964/2012, subject to the recommended conditions attached to the Council officer’s IHAP report.

 

 

REPORT

 

The Site

The subject site is identified as proposed Lot 4003 created in DA-1964/2012 which approved the consolidation of 8 lots into 4 Torrens Title Lots, earthworks, remediation, fencing & dedication of public road and signage.  The site is currently identified as 1962 Camden Valley Way, Edmondson Park and is located within the vicinity of the intersection with Corfield Road.  The approved plan of proposed Lot 4003 is shown in Figure 1 below.

 

Figure 1: Approved plan of subdivision DA-1964/2012

 

The Proposal

The proposal seeks consent for a two lot Torrens title subdivision of a proposed allotment approved in DA-1964/2012 as follows:

 

·    Lot 4005 – 1,376m²

·    Lot 4006 – 3674m²

·    The boundaries represent the division between the approved McDonalds restaurant and associated car parking and the approved fitness centre and associated car parking.

·    Access to each of the proposed new lots will be via Barkell Lane consistent with the approval of DA-1964/2012.  A right of way is proposed over the site allowing vehicular access through the commercial precinct.

·    The proposed plan of subdivision is shown below in Figure 2.

 

Figure 2: Plan of proposed subdivision (Note: A – represents right of way)

 

Figure 3: Extract of plan of commercial precinct

 

Zoning

The subject site is zoned B6 Enterprise Corridor pursuant to Liverpool Local Environmental Plan (LLEP) 2008.  Clause 2.6 of the LLEP 2008 provides that subdivision is permissible subject to Council consent.  An extract of the LLEP 2008 zoning map is provided within Figure 4 below.

Figure 4: Zoning map extract                        

 

Section 79C: Relevant matters for consideration

An assessment of the application against the relevant matters for consideration prescribed by Section 79C of the Environmental Planning and Assessment Act 1979 has been undertaken and detailed in the Council officer’s planning report. The assessment has concluded that the proposal is acceptable and is unlikely to result in any adverse impacts.  The assessment report considered by the IHAP panel is attached to this report under separate cover (see Attachment 2).

 

Independent Hearing and Assessment Panel

Pursuant to the Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to IHAP for consideration as the proposal includes a request to vary a development standard in excess of ten percent pursuant to Clause 4.6 of the Liverpool Local Environmental Plan 2008.

 

The majority of the panel agreed with the Officer’s recommendation for approval.  One panel member did not agree with the recommendation. Concern was expressed that the subdivision could impact on future development form.

 

Council officer’s agree with the majority of the Panel in that the proposed development is acceptable and will unlikely impact future development form in an adverse manner.

 

Conditions

A copy of the draft conditions of consent are attached to this report under separate cover (see Attachment 2).

 

Conclusion

The application has been assessed against the relevant considerations prescribed by Section 79C of the Environmental Planning and Assessment Act 1979.  The application is considered to be worthy of support and is recommended for approval subject to conditions.

 

 

 

CONSIDERATIONS

 

Economic and Financial

Facilitate economic development.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

Applicant Details

2.View

IHAP report (Under separate cover)

3.View

IHAP Recommendation (Under separate cover)

  


125

IHAP 05

Two lot Torrens title subdivision of proposed Lot 4003 created in DA-1964/2012 at 1962 Camden Valley Way, Edmondson Park

Attachment 1

Applicant Details

 


Text Box: 127
 							ORDINARY MEETING 30 APRIL 2014
INDEPENDENT HEARING AND ASSESSMENT PANEL REPORT

 


IHAP 06

Demolition, construction of three dwellings and Torrens title subdivision at 46-48 Verbena Avenue, Liverpool

 

Strategic Direction

Liveable Safe City

Facilitate diverse and more affordable housing options

Key Policy

Urban Development Plans

File Ref

084713.2014

Report By

Phillip Johnston - Senior Development Planner

Approved By

Carole Todd - Acting Group Manager Planning and Growth

 

Property

46-48 Verbena Avenue, Casula (Lots 29 and 30 DP 4849)

Owner

Joseph Michael, Andre Michael and Vincent Michael

Applicant

Joseph Michael

 

 

Executive Summary

 

This Development Application is scheduled before the IHAP on 28 April 2014 for consideration. For this reason, the item is in draft form and is subject to the outcome of the IHAP meeting on 28th April 2014. A final report will be circulated on 30th April 2014 which takes into consideration any requirements or amendments identified by the IHAP Panel.

 

Council has received and considered Development Application DA-1107/2013 which seeks consent for the demolition of structures, create a three lot Torrens title subdivision and construct three detached dwellings of Lots 29 and 30 DP 4849, known as 46-48 Verbena Avenue, Casula.

 

In accordance with the Liverpool Development Control Plan 2008 (LDCP 2008), the application was notified to surrounding properties for a period of 14 days until 23 October 2013. No submissions have been received to the proposed development.

 

The Development Application was referred to the Independent Hearing and Assessment Panel (IHAP) for consideration on 28 April 2014 in accordance with the IHAP Charter and Procedure. The panel’s concurrence with the planning officers recommended is subject to the outcome of the meeting on 28th April 2014.

 

The development accords with Council’s strategic vision to facilitate diverse and more affordable housing options.

 

 

Text Box: 128
 							ORDINARY MEETING 30 APRIL 2014
INDEPENDENT HEARING AND ASSESSMENT PANEL REPORT

 


Subject to the outcome of the meeting 28th April 2014, Council officers agree with the IHAP recommendation and it is therefore considered that Development Application DA-1107/2013 should be approved.

 

RECOMMENDATION

 

That Council, subject to the outcome of the IHAP meeting on 28th April 2014, approve Development Application DA-1107/2013 for the demolition of existing structures, create a three lot Torrens title subdivision and construct three detached dwellings, subject to the recommended conditions attached to the Council officer’s IHAP report.

 

 

REPORT

 

The Site

The subject site is rectangular in shape with a 18.29 meter frontage to Verbena Avenue, and a depth of 67.36 metres. The subject site has a total site area of 1,232.4m2. The site is currently described as 46-48 Verbena Avenue and contains an existing fibro dwelling, brick garage and fibro shed.

 

The locality is shown below in Figure 1.

 

Description: http://adm-m-gis1/output/Buffer_ims_adm-m-gis1728810080314409.jpg

Figure 1: Locality map

 

The Proposal

The proposal seeks consent for demolition of existing structures; create a three lot Torrens title subdivision and construct three detached dwellings.

 

The proposed lot areas are as follows:

 

·  Lot 1 – 318.96m2

·  Lot 2 – 428.85m2

Text Box: 129
 							ORDINARY MEETING 30 APRIL 2014
INDEPENDENT HEARING AND ASSESSMENT PANEL REPORT

·  Lot 3 – 484.59m2

 

The proposed development provides separate two storey detached dwellings to be situated on the individual allotments. As shown within Figure 2, a 5 metre wide driveway is proposed for proposed Lots 2 and 3, where the property frontage measures 2.5 metres wide for each allotment. The proposal provides reciprocal rights of way benefiting proposed lots 2 and 3.

 

The proposed plan of subdivision is shown below in Figure 2.

Text Box: “A” 2.5m wideText Box: “B” 2.5m wide

Proposed Lot 2

 

Proposed Lot 1

 

Proposed Lot 3

 

Figure 2: Plan of proposed subdivision (Note: Area marked “A” Lot 3 2.5 metre reciprocal right of way. Area marked Lot 2 “B” 2.5 metre reciprocal right of way)

 

Text Box: 130
 							ORDINARY MEETING 30 APRIL 2014
INDEPENDENT HEARING AND ASSESSMENT PANEL REPORT

Figure 3: Proposed landscape plan showing dwelling locations

 

Zoning

The subject site is zoned R2 Low Density Residential pursuant to Liverpool Local Environmental Plan (LLEP) 2008. Clause 2.6 of the LEP 2008 provides that subdivision is permissible subject to Council consent. In addition, Clause 2.3 and 2.7 of the LEP 2008 provides that dwellings are permitted within the zoning of the land, and that demolition is permissible subject to consent, respectively.

 

http://adm-m-gis1/output/Buffer_ims_adm-m-gis18524220256095.jpg

Figure 4: Zoning map extract

Text Box: 131
 							ORDINARY MEETING 30 APRIL 2014
INDEPENDENT HEARING AND ASSESSMENT PANEL REPORT

Section 79C: Relevant matters for consideration

An assessment of the application against the relevant matters for consideration prescribed by Section 79C of the Environmental Planning and Assessment Act 1979 has been undertaken and detailed in the Council officer’s planning report. The assessment has concluded that the proposal is acceptable and is unlikely to result in any adverse impacts. The assessment report considered by the IHAP panel is attached to this report under separate cover (see Attachment 1).

 

Independent Hearing and Assessment Panel

Pursuant to the Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to IHAP for consideration as the proposal includes a request to vary a development standard in excess of ten per cent pursuant to Clause 4.6 of the Liverpool Local Environmental Plan 2008.

 

Conditions

A copy of the draft conditions of consent are attached to this report under separate cover (see Attachment 1).

 

Conclusion

The application has been assessed against the relevant considerations prescribed by Section 79C of the Environmental Planning and Assessment Act 1979. The application is considered to be worthy of support and is recommended for approval subject to conditions.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

IHAP report (Under separate cover)

    


131

Ordinary Meeting 30 April 2014

Business Excellence Report

 

 

 

GMBE 01

Statutory Investment Report March 2014

 

Strategic Direction

Leading Proactive Council

Provide business excellence and financial sustainability to deliver services that meet community expectations

Key Policy

Long-Term Financial Plan

File Ref

068386.2014

Report By

Christian  Hope - Senior Financial Accountant

Approved By

Matthew Walker - Group Manager Business Excellence

 

 

Executive Summary

 

This report details the balance of investments held at 31 March 2014 in a form compliant with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council's Investment Policy at the time of entering into each transaction.

 

Council held investments with a market value of $148.63 million as at 31 March 2014. The portfolio yielded a return of 4.16 per cent being 151 basis points above the benchmark of 2.65 per cent for the month of March 2014

 

RECOMMENDATION

 

That Council receives and notes this report.

 

 

REPORT

 

Clause 212 of the Local Government (General) Regulation 2005 requires that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.

Council's portfolio of $148.63 million consisted of $13.1 million invested in various debt securities (bonds) with maturity dates ranging from one year to thirteen and a half years; $127.5 million in short to medium term deposits; and $8.03 million in Cash at Call bank accounts. Council yielded a return of 4.16 per cent being 151 basis points above the annualised benchmark of 2.65 per cent for the month of March.


 

As at the end of March 2014 the ratio of market value compared to face value of various debt securities is shown in the table below.

 

Asset Class

Mar-14

Jun-13

Senior Debts (FRN's)

101.53

 101.79%

Senior Bonds (NCD & Corporate Bonds)

105.64%

 106.3%

MBS (Reverse Mortgage Backed Securities)

  57.26%

  57.07%

Total

  92.53%

  90.89%

 

Council is fully compliant with the requirements of the Ministerial Investment Order including the grand fathering provision in regards to its investment portfolio holdings. The grand fathering provision states that Council may continue to hold to maturity, redeem or sell investments that comply with previous Ministerial Investment Orders. Any new investments must comply with the most recent Order.

 

At its April 2014 meeting, the Board of the Reserve Bank of Australia (RBA) decided to leave the cash rate unchanged at 2.5 per cent. A statement released on 1April 2014 by Glenn Stevens, Governor of the RBA commenting on the RBA decision is attached to this report.

 

The return on term deposits over medium term (2 to 3 years to maturity) is currently at 4.05 per cent to 4.35 per cent per annum. Short term deposits rate (less than one year to maturity) is hovering from 3.2 per cent for 30 days to 3.85 per cent for one year. The overnight Cash at Call account is currently at 2.8 per cent per annum.

 

Council continues to closely monitor the investments in its portfolio to ensure continued compliance and minimal exposure to risk.

 

Portfolios break down (at "Market Value")

 

The chart below shows the proportion of Council's investment portfolio by category of investment type at market value.

 

 

Movement in Investment Holding

 

Council held investments with a market value of $148.63 million as at 31 March 2014 compared to $148.58 million as at 28 February 2014.  A summary of major types of receipts and payments for the period is attached to this report.

 

Portfolio Maturity Profile

 

The chart below shows the market value of funds invested at different durations to maturity.

 

 

 

Investment Portfolio at a Glance

 

Portfolio Performance vs. 90 day annualised Bank Bill Index for the month

        MCWB01114_0000[1]

The portfolio yield for March is above the annualised benchmark for the month (4.16% against 2.65%).

Portfolio Performance vs. 90 day Bank Bill index over the 12 month period.

        MCWB01114_0000[1]

The portfolio yield for the past 12 month period is above the benchmark for the same period (4.39% against 2.76%).

Annual Income vs. Budget

        MCWB01114_0000[1]

Council’s investment income on

General Fund was $70k below the December revised budget.

 

 

 

 

Investment Policy Compliance

 

Legislative Requirements

 

        MCWB01114_0000[1]

Fully Compliant.

Portfolio Credit Rating Limit

        MCWB01114_0000[1]

Fully Compliant.

Institutional Exposure Limits

        MCWB01114_0000[1]

Fully Compliant.

Term to Maturity Limits

       X

Exceeded term to maturity limit on

existing Mortgage Back Securities

purchased in 2006 and in 2007

The maturity dates have been

extended by the issuer of the

securities to reflect the revised

actuarial expected weighted average life (WAL) of when they are most likely to be fully paid.

 

Certificate of Responsible Accounting Officer

 

The Executive Director, as Responsible Accounting Officer certifies that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Councils Investment Policies at the time of their placement. The previous investments are covered by the “grandfather” clauses of the current investment guidelines issued by the Minister for Local Government.

 

CONSIDERATIONS

 

Economic and Financial

For the month of March 2014, Council investment income on General Fund was below budget by $70k however it is expected to achieve the annual revised budget by the end of this financial year.

 

Council's portfolio and returns will be closely monitored for the remainder of the year with any proposed budget variations requested through the quarterly review process if required

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

 

 

ATTACHMENTS

 

1.View

Statement by Glen Stevens Governor RBA April 2014

2.View

Movement in Investment Holding March 2014

3.View

Portfolio Investment Details

4.View

Performance Graphs Actual to Budget March 2014

  


136

GMBE 01

Statutory Investment Report March 2014

Attachment 1

Statement by Glen Stevens Governor RBA April 2014

 


137

GMBE 01

Statutory Investment Report March 2014

Attachment 2

Movement in Investment Holding March 2014

 


 


139

GMBE 01

Statutory Investment Report March 2014

Attachment 3

Portfolio Investment Details

 


 


 


142

GMBE 01

Statutory Investment Report March 2014

Attachment 4

Performance Graphs Actual to Budget March 2014

 

 


143

Ordinary Meeting 30 April 2014

Community and Culture  Report

 

GMCC 01

Use of Recreation and Open Space by For Profit Businesses and Schools

 

Strategic Direction

Healthy Inclusive  City

Improve health and wellbeing and encourage a happy, active community

Key Policy

Recreation Strategy

File Ref

068116.2014

Report By

Marlene Henry - Senior Coordinator Early Childhood Services

Approved By

Kiersten Fishburn - Group Manager Community & Culture

 

 

Executive Summary

 

A Notice of Motion was carried at the Extraordinary Council Meeting on Tuesday 25 February 2014, for Council to investigate the implementation of a fee for for-profit businesses using Council’s recreation and open space areas or sporting fields and to review local schools usage. This report outlines the investigation of and a cost structure for for-profit businesses and schools who utilise Council’s recreational and open space.

 

Council has also had an increase in requests for use of public space by circuses and event producers. This report also looks at a pricing structure for these activities.

 

A range of new fees and charges for for-profit businesses, circuses/events and school use are recommended for public exhibition.

 

RECOMMENDATION

 

That Council:

 

1.       Places the new fees and charges for the use of recreation and open space by for-profit businesses, circuses/events and school use on public exhibition.

 

2.       Identifies the Bulldogs Land as the venue at which all external requests for circuses and festivals involving rides are accommodated.

 

3.       Includes the following Fees and Charges in the Draft 2014/2015 Statement of Revenue policy:

 

·        Land Hire fee Per Day

 

·        Utilities  - Electricity and Water Actual Metered Costs

 

·        Major Events Field Damage Bond

 

·        Major Events Commercial & Community Cleaning Bond  

 

·        Other applicable charges applied from other Council Sections

 

4.       Identifies and installs utilities infrastructure to ensure major events can connect to utilities (electricity, water, sewer) in a safe way in terms of public safety and public health.

 

5.       Identifies and installs utilities meters to assist with utilities cost recovery.

 

 

REPORT

 

At the Extraordinary Council meeting of 25 February 2014, Council carried a Notice of Motion to review the fees for use of recreation and open space, including those charged to for-profit businesses, and the use of these spaces by schools.

At the same time, Council officers have been undertaking a review of fees and charges for circuses and events following an increase in requests for land use.

The implementation of fees for for-profit businesses (including circuses/events) and local schools using Council’s recreation and open space areas or sporting fields will require the following to be undertaken:

1.    Defining for-profit and not-for-profit businesses;

2.    Defining fees and charges requirements for schools;

3.    Identifying benefits and costs for applying fees for schools;

4.  Reviewing Council’s policy and guidelines for the reduction or waiver of fees and charges; and

5.  Reviewing proposed Council’s Fees and Charges for 2014-2015 and including new fee structures for for-profit businesses, circuses/events and schools.

Defining for-profit and not-for-profit businesses

The following types of companies have been identified as for-profit or commercial businesses:

·   Private companies;

·   Publically listed companies; and

·   Unlisted public companies - public companies limited by shares, unlimited public companies that can possibly reduce share capital in any way; and unlisted no liability companies (mining companies).

Based on the use of existing terminology, a for-profit business will be referred to as a ‘commercial’ organisation or business.  This is consistent with terminology used in fees and charges for Casula Powerhouse Arts Centre and Community Facilities. 

 

The following types of companies have been identified as not-for-profit organisations:

·   Charitable, social, educational, professional or religious, including schools, churches, sporting clubs and membership organisations for industry professions;

·   Public companies limited by guarantee; and

·   Incorporated associations; a not-for-profit or charitable organisation that reinvests any surplus (profit) to serve its primary purpose.

The definition will also reflect businesses who hire recreation and open space areas and seek to raise revenue from their occupation, such as a circus. The recent change to Council’s Circus Policy recognises that Liverpool Council can now host circuses on council land (where previously it was only possible on private land), but no infrastructure or pricing has been developed to support this policy change.  Council’s sporting fields are allocated to community sporting groups for the provision of sporting opportunities for the people of Liverpool.  When a circus is permitted on an actively used sporting field it will typically require a great deal of management of licensed users, seasonal and school users. Therefore to accommodate the many different users of Council grounds, it is recommended that the Bulldogs Land be the venue at which all requests for circuses and festivals involving rides are accommodated.

 

This report will also provide a pricing structure for the operation of a circus on a sporting field or recreational space, inclusive of land hire fees, utilities, vehicle access and ground damage, health and safety inspection fees including food safety and ride and amusement inspections. 

 

Defining fees and charges requirements for schools

 

Currently, schools located within the Liverpool Local Government Area (LGA) are not charged for field hire. Schools located outside the LGA are currently charged for field hire, and all schools regardless of their location are charged fees for individual school carnivals, zone carnivals, regional and state carnivals and events, both at the same rate. Schools located in the LGA have preference in hiring fields over those schools located outside the LGA.  This fee includes access to toilets where available, and fees are also applicable for additional charges.

 

It is proposed that schools could be charged a fee for the casual or seasonal use of a specific council sportsground, or park, for school sport and/or personal development health and physical education (PDHPE) purposes, during normal school hours.  All schools would be expected to submit a formal booking and:

 

·   Incur hire fees and charges for the use of sporting fields for normal school sport and PDHPE activities during normal school hours (9.00 am to 4.00 pm), Monday to Friday; and

·   Incur the current casual rate of hire for the use of sporting fields for carnivals, galas and other events (which may occur out of school hours).

Benefits and costs for applying fees for schools

 

Increasing or introducing fees for schools will achieve the following outcomes:

 

·   Improve booking processes by streamlining regular and multiple bookings by schools;

·   Provide fairer and more equitable systems for allocating and charging for the use of sports fields; and

·   Promote a cooperative effort in caring for fields to ensure sustainability and minimise over-use or inappropriate use.

At this point there have been no distinct fees or charges adopted for schools to use recreation and open space areas during school hours. There are fees and charges for any competition purposes, with one hiring fee, or a fee per child participating in the given competition.

 

The implementation of a fee for schools will increase the number of actual bookings and the number of invoices generated to schools. It is estimated that there are currently over 45 schools utilising recreation and open space in the Liverpool LGA during school hours; therefore the administration of these bookings will increase by this number on a weekly basis.

 

Some local schools are without adequate on-site open space and consider neighbouring sportsgrounds and parks as an unofficial extension of school grounds. This use of open space may need to be examined on an individual basis, as use during school hours also offers natural surveillance of these areas which benefits the community with regard to safety and encouraging activity for children. Local schools are not currently charged any fees to utilise open space and sports grounds during school hours; consultation with schools will be required if there is an introduction of a fee for use system.

 

Pricing structure for circuses, carnivals and major events

 

Council must ensure that any recreation or open space area that is to be utilised for any event within Liverpool LGA is maintained and utilized appropriately and in a safe manner.  Any physical degradation of the playing surface can require remedial works further disrupting future use of the site. Physical degradation can include but is not limited to wheel ruts, grass die off, holes in ground from pegs etc, the creation of depressions in the playing surface and the possibility of metal pegs remaining in the ground after departure. These physical degradation impacts have been identified and documented from previous circus and event use.  There are potential risks and disruptions from ground repairs that may need to be undertaken. Activities potentially required to restore the condition of the playing surface include top dressing, aeration, hole filling, returfing and hand watering. These activities could take one to three months before the ground is playable depending on growing conditions.

 

For these reasons, the “Bulldogs Land”, at the corner of the Hume Highway and Memorial Avenue has been identified as the venue at which all requests for circuses, events and festivals involving rides will be accommodated. 

 

Attached to this report are the proposed fees and charges for inclusion in the Draft 2014-2015 Statement of Revenue Policy to include land hire fees, the cost of all utilities and bond (actual metered costs), cleaning bond, damage bond.  Other applicable charges applied from other Council Sections include Food Safety Inspection Administration Fee, Food Safety Inspection Fee, and Ride and Amusement Inspections.  On site, Council will identify and install utilities infrastructure to ensure major events can connect to utilities (electricity, water, sewer) safely and to uphold public safety and public health.   Utilities meters will be installed to assist with utilities cost recovery.

 

Reviewing Council’s policy and guidelines for the reduction or waiver of fees and charges

To be eligible for a waiver as per Council’s policy and guidelines for the reduction or waiver of fees and charges, applicants must be:

·   Based in Liverpool and/or servicing the local area;

·   Incorporated or auspiced by an incorporated organisation; and be

·               A not-for-profit community group; or

·   An organisation or registered charity; or

·   A local resident 18 years or older who is a permanent resident of Australia.

Also, as defined in this policy, the following groups and types of activities are not eligible to apply for reduced fees or fee waivers and must pay 100% of an applicable fee:

·   Profit making organisations;

·   Commercial organisations and sole traders;

·   Fundraisers are generally not eligible (unless considered of a high priority for the community; determined on an individual basis, they will take into account other eligibility requirements, the nature of the project, program, event or activity, and the benefits to the local community);

·   Political parties;

·   Regular sporting activities carried out by sporting clubs or associations. Sporting clubs may apply for Sporting Grants on an annual basis in accordance with the Sporting Grants Guidelines;

·   Religious services or activities;

·   Schools and tertiary institutions;

·   State or Federal government agencies and departments;

·   Retrospective applications including any application for a refund of any fee or charge;

·   An organisation receiving funding under Council’s Donations Policy may be ineligible for a reduction of Council’s fees and charges.

Council’s policy and guidelines for the reduction or waiver of fees and charges clearly states that schools are not eligible for any waiver of fees in relation to the use of or hiring of council facilities.  Should a fee or charge be introduced for schools, it may be necessary to modify this policy to allow for fee waivers in the case of hardship.

 

A definition for commercial businesses or organisations has not been provided in this policy or guidelines, therefore it is necessary to include a definition and/or a conclusive list of business types under this category to ensure that the applicability of a waiver is transparent.

 

Reviewing proposed Council’s fees and changes for 2014-2015

 

To ensure consistency and transparency, any definitions to be included in Council’s policy and guidelines for the reduction or waiver of fees and charges needs to apply across all of Council’s fees and charges for the hiring of council facilities.  Once this definition is adopted, all commercial businesses or community organisations must be treated consistently in the application of fees for all Council facilities:

·   All businesses will be required to supply proof of their status, such as a copy of their incorporation certificate and annual report/latest audited statement to determine not-for-profit status;

·   All schools within the boundary of the Liverpool LGA must submit a formal booking;

·   All schools will incur hire fees and charges for the use of sporting fields for normal school sport and PDHPE activities during normal school hours (9.00 am to 4.00 pm), Monday to Friday;

·   All schools will incur the current casual rate of hire for the use of sporting fields for carnivals, galas and other events.

·   Any commercial business will be subject to fees and charges for the use of recreation and open space areas.  All users will need to define and prove their organisational status in order to be designated as a commercial business or a not for profit organisation.

Amended fees and charges, including commercial business or organisations, circuses/events and schools have been devised for the purpose of this report, and are attached accordingly.

 

CONSIDERATIONS

 

Economic and Financial

Facilitate income development.

Environmental and Sustainability

Manage the sustainability and use of recreation and open space.


Social and Cultural

Deliver high quality services for the community.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

Draft fees and charges for Sporting Field Hire - Schools

2.View

Draft fees and charges for Passive Recreation Areas & Sporting Fields

3.View

Draft fees and charges for Circus, Carnivals, Major events

  


149

GMCC 01

Use of Recreation and Open Space by For Profit Businesses and Schools

Attachment 1

Draft fees and charges for Sporting Field Hire - Schools

 


150

GMCC 01

Use of Recreation and Open Space by For Profit Businesses and Schools

Attachment 2

Draft fees and charges for Passive Recreation Areas & Sporting Fields

 


151

GMCC 01

Use of Recreation and Open Space by For Profit Businesses and Schools

Attachment 3

Draft fees and charges for Circus, Carnivals, Major events

 


152

Ordinary Meeting 30 April 2014

Community and Culture  Report

 

GMCC 02

Quarterly Report on Compliments and Complaints

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Customer Feedback Policy

File Ref

076874.2014

Report By

Eva Cosentino - Manager Customer Service

Approved By

Kiersten Fishburn - Group Manager Community & Culture

 

 

Executive Summary

 

At its meeting of the 24 April 2013, Council resolved to receive a quarterly report on feedback received from the community.

 

Council officers subsequently developed a mechanism for systematically collecting and recording this information on a regular basis commencing 1 July 2013.

 

This report details the formal feedback received for the quarter January – March 2014 noting that Council received formal feedback from 50 members of the community. 

 

Council adopted the Customer Feedback Policy on 24 April 2013.  At that time Council resolved to adopt the Policy and for the Manager Customer Service to monitor feedback and to provide a summary report to the Council every three months as part of Council's quarterly performance review and the Chief Executive Officer every month.  The report sets out the number of complaints and compliments received from members of the community with regard to Council services.

 

RECOMMENDATION

 

That Council receives and notes this report.

 

REPORT

 

Council adopted the Customer Feedback Policy on 24 April 2013.   At that time Council resolved to adopt the Policy and for the Manager Customer Service to monitor feedback and to provide a summary report to the Council every three months as part of Council's quarterly performance review and the Chief Executive Officer every month.  The report sets out the number of complaints and compliments received from members of the community with regard to Council services.

 

The following table details the formal complaints and compliments that were received for the quarter of January – March 2014.

 

 

Compliments

Complaints

Strategy & Executive

0

0

City Presentation

6

4

Community & Culture

14

2

Governance

0

0

Business Excellence

1

0

Planning & Growth

10

4

Economy & Engagement

5

0

Infrastructure & Environment

4

0

Total

40

10

 

These figures do not reflect customer requests received by Council that form part of general council operations, for example reporting a pot hole. Complaints recorded are those where service was not adequately delivered.

 

The compliments recorded here reflect those that have been formally received (via letter or email) and do not reflect informal thanks such as a verbal recognition that our staff receive for the quality of their work and the services delivered.

 

Council resolved on 5 February 2014 that ways be investigated to include compliments and complaints received by Councillors in future reports. Options have been considered a new mechanism has been set up to capture feedback received directly by Councillors. This feedback will be included in the next report onwards as that allows for a full quarter of data collection.

 

As per the Council resolution, these have also been reported to the Chief Executive Officer and the Executive monthly as part of the broader report on customer service trends and statistics. 

 

 

 

 

 

 

 

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

Provides information about Council’s services.

Informs service improvements that are customer focused.

 

 

ATTACHMENTS

 

Nil


155

Ordinary Meeting 30 April 2014

Community and Culture  Report

 

 

GMCC 03

Public Library Funding Campaign

 

Strategic Direction

Healthy Inclusive  City

Plan, support and deliver high quality and accessible services, program and facilities

Key Policy

Library Services Strategy

File Ref

079720.2014

Report By

Kiersten Fishburn - Group Manager Community & Culture

Approved By

Kiersten Fishburn - Group Manager Community & Culture

 

 

Executive Summary

Public libraries are an integral part of the health and well-being of a community. They provide resources, education, leisure and a gathering place for all members of the community regardless of age, income or cultural background.

The intent of the NSW Library Act in 1939 was for equal funding from state and local governments to provide library services. However, there is currently a high degree of uncertainty as to the level of ongoing funding for public libraries in NSW from the State Government.

Local government has increasingly carried the funding burden for public libraries and the situation has deteriorated significantly over the past few decades. Without urgent action from local government and NSW Public Library Associations, this situation will continue and local councils will once again be forced to pick up the funding shortfall.

The NSW Public Library Associations (NSWPLA) are now coordinating a targeted campaign to bring the situation to the attention of politicians and funding decision makers to address the problem. Local councils from across NSW are resolving to join this campaign.

RECOMMENDATION

 

That Council:

 

1.       Make representation to the members for Liverpool, Macquarie Fields, Mulgoa and Camden in relation to the need for additional funding from the NSW State Government for the provision of public library services;

 

2.       Send a letter to the Hon. Troy Grant, Minister for the Arts, calling upon the Government to implement the Reforming Public Library Funding submission of the Library Council of NSW in 2012 for the reform of the funding system for NSW public libraries;

 

3.       Approve the distribution of NSW Public Library Associations campaign information, including petitions in Council libraries, Customer Service Centre, CPAC and information stalls at Council events;

 

4.       Endorse Liverpool Library services to take a lead role in activating the campaign locally.

 

 

REPORT

The NSW public library funding situation is an historic issue that has been ignored by successive NSW governments. The funding level has now reached a crisis point. The key issues are:

1.       NSW receives the lowest per capita funding for public libraries from the State Government of all states in Australia;

2.       State Government expenditure on public libraries has decreased as a proportion of total public library expenditure from 23% in 1980 to 7% in 2013:

3.       NSW Local Government councils are currently paying 93% of the costs to operate public libraries in NSW (which are governed by state legislation).

During the 2011 election campaign, the current NSW State Government made a pre-election commitment to undertake a comprehensive review of the quantum and allocation of funding for NSW public libraries. To date, there has been no significant action by the government to meet this commitment. Despite a high level of expectation that the State Government would fulfill its pre-election undertaking to review and increase its funding allocation to NSW public libraries, this did not eventuate in the 2013 state budget.

The NSW Public Library Associations (NSWPLA), representing country and metropolitan libraries, are now coordinating a targeted campaign to bring the situation to the attention of politicians and funding decision makers to address the problem.

Local Government NSW (LGNSW) and the Australian Library and Information Association (ALIA) are assisting NSWPLA in this campaign and information will be provided to Councils and public libraries on an ongoing basis from these bodies throughout the campaign. In addition, local supporters of public libraries, including Friends of the Library groups and library customers, will be engaged in the campaign to lobby State Members.

Given that 44% of the state’s population are library customers, it is anticipated that there will be strong support for the campaign in the community. Research also highlights the high value placed on public libraries by both users and non-users.

There will be high level media engagement and local and national champions of public libraries will be advocating for funding reform.

 

 

 

CONSIDERATIONS

 

Economic and Financial

Facilitate funding and support for Council services.

 

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

Raise awareness in the community about the available services and facilities.


Civic Leadership and Governance

Deliver services that are customer focused.

Actively advocate for federal and state government support, funding and services.

 

 

ATTACHMENTS

 

Nil


 

GMCC 04

Expression of Interest EOI2334 Naming Rights for Carnes Hill Leisure Centre

 

Strategic Direction

Healthy Inclusive  City

Plan, support and deliver high quality and accessible services, program and facilities

Key Policy

Recreation Strategy

File Ref

080180.2014

Endorsed By

Marlene Henry - Senior Coordinator Early Childhood Services

Approved By

Kiersten Fishburn - Group Manager Community & Culture

 

Recommended By

Marlene Henry

Chairperson

Mark Westley

Committee Member

Mark Egan

Committee Member

Bill Stanley

Convenor

 

Executive Summary

 

It is Council’s intention to enter into a contract with a shortlist of applicants for the purpose of naming sponsorship of the proposed Carnes Hills Leisure Centre in the Liverpool LGA.

 

There has been no contract in place previously for these services.

 

RECOMMENDATION

 

That Council accept that no submissions were received for the shortlist of applicants for the purpose of naming sponsorship of the proposed Carnes Hills Leisure Centre in Liverpool.

 

TENDER RECEIVED/INVITED

 

Tenders were invited publicly via the Sydney Morning Herald on 18 March 2014 the Liverpool Leader and South West Advertiser on 26 March 2014 and was made available on the Council eTendering portal https://www.tenderlink.com/liverpoolcity from 18 March 2014.

 

Tenders closed at 3:00 pm on Friday 11 April 2014.  No submissions were received.

 

 

 

EVALUATION PROCESS

 

The following Tender Evaluation Committee (TEC) was formed to determine the tender evaluation criteria, weightings and assess the tenders received for the proposed contract:

 

Role
Description
Appointee

Convenor

 

Manage and facilitate the evaluation process and ensure the process is carried out in accordance with the relevant procedures. The Convenor is to remain separate from the actual evaluation process and does not assess tenders.

 

Name: Bill Stanley

Title: Procurement Coordinator

Procurement, Governance

Chairperson

 

The Chairperson is to coordinate the panel members and liaise directly with the Convenor on behalf of the Committee Members.

 

The Chairperson also carries out the assessment as detailed below.

 

Name: Marlene Henry

Title: A/Policy and Projects Officer

Community and Culture

Committee Members

 

Perform a detailed assessment of the tender submissions, deliberate and agree on the tender that offers the best ‘value for money’ to Council.

 

Assessments will consider cost, non-price criteria, financial viability and risk of a tender.

 

Name: Mark Westley

Title: Sports Development Officer - Community and Culture

 

 

Name: Mark Egan

Title: Social Planning Coordinator -

Economy and Engagement

 

 

However, as no submissions were received there was no evaluation process undertaken.  There may be several reasons for why no submissions were made:

 

·                The actual building of the leisure centre has not started, nor has it been completed, therefore it may be difficult for any company to undertake an objective assessment of how sponsorship can be undertaken and managed and the benefits of sponsorship.

 

·                The size and location of the intended leisure centre may not be considered an attractive business investment.

 

The timeframe for attracting and inviting sponsorship should be revisited when the building is completed.   

FINANCIAL IMPLICATIONS

 

There are no financial implications from this process.

 

CONCLUSION

 

No submissions were received for this Expression of Interest, therefore a shortlist of applicants cannot be developed for the purpose of naming sponsorship of the proposed Carnes Hills Leisure Centre in the Liverpool LGA.

 

CONSIDERATIONS

 

Economic and Financial

Facilitate economic and income development.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

Raise awareness in the community about the available services and facilities.

Deliver high quality services for children and their families.

Civic Leadership and Governance

Foster neighbourhood pride and a sense of responsibility.

Encourage the community to engage in Council initiatives and actions.

Deliver services that are customer focused.

Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

 

Do not delete this line

ATTACHMENTS

 

Nil

 


161

Ordinary Meeting 30 April 2014

Economy and Engagement Report

 

GMEE 01

Community Donations, Grants and Sponsorship

 

Strategic Direction

Healthy Inclusive  City

Foster social inclusion, strengthen the local community and increase opportunities for people who may experience barriers

Key Policy

Donations Policy

File Ref

069088.2014

Report By

Rebekah  Elliott - A/ Coordinator Community Development

Approved By

Michael Cullen - Group Manager, Economy and Engagement

 

 

Executive Summary

 

Council provides financial assistance to the community under three categories; Community Donations (including Community Grants, Small Grants, Men’s Shed One-off Grants, School and Youth Donations), Sporting Donations and Corporate Sponsorship.

 

The Financial Contributions Panel (FCP) met recently to consider applications from local residents for the Youth Donations Program, Sporting Donations Program and local community organisations for the Men’s Shed One-off Grants. The cases for Corporate Sponsorship were considered by email given the time sensitive nature of a number of the applications submitted.

 

The level of demand for Corporate Sponsorship highlighted the need to review the Community Donations Policy to provide a more strategic framework for decision making as well as reassessing the requirement for rounds of funding. This work is underway in line with the findings of the March report.

 

This report presents the funding recommendations made by the FCP for Council's consideration.

 

RECOMMENDATION

 

That Council:

 

1.       Endorses the Financial Contribution Panel's recommendations for the provision of $100 under the Sporting Donations Program as summarised in the table below:

 

Applicant name

Amount

Sunil Kumar

$100

 

 

 

2.       Endorses the Financial Contribution Panel's recommendations for the provision of $100 under the Youth Donations Program as summarised in the table below:

 

Applicant name

Amount

Abigail Widjaja

$100

 

3.       Endorses the Financial Contributions Panel's recommendations for the provision of $20,000 under the Men’s Shed One-off Grants Program as summarised in the table below:

 

Applicant name

Amount

Moorebank Men’s Shed

$20,000

 

4.       Endorses the Financial Contributions Panel's recommendations for the provision of $8,475 under the Corporate Sponsorship Program and $10,800 from the Tourism Reserve as summarised in the table below:

 

Applicant name

Amount

Precedent Productions

$2,225 ex GST

Shree Sanatan Dharm Pradtinidhi Sabha of Australia Inc

$6,000 cash

In-kind support $5,400

Total = $11,400

Vedic Festival Inc

$5,000 cash

In-kind support $650

Total =$5,650

 

 

 

REPORT

The Donations program has three categories:

·   Community Donations (including Community Grants, Small Grants, Men’s Shed One-off Grants School and Youth Donations);

 

·   Sporting Donations; and

 

·   Corporate Sponsorship.

 

Applications for Sporting Donations, Youth Donations Men’s Shed One-off Grants and Corporate Sponsorship are accepted on an ongoing. Applications are then reviewed by the Financial Contributions Panel (FCP) comprising of the Mayor, Deputy Mayor, Chief Executive Officer and delegated staff.

 

This report contains the most recent recommendations by the FCP for Sporting Donations, Youth Donations and Men’s Shed One-off Grants and Corporate Sponsorship.

 

Sporting Donations

 

Council's Sporting Donations Program is available to individuals and sporting teams who live in Liverpool City. One application for a sporting donation was received by Council. The application met the program criteria and was recommended for funding by the Liverpool Sports Committee. The program criteria can be found as an attachment to this report for the reference of Councillors. A summary of the request received and the FCP recommendations are shown in the table below.

 

Applicant Details

Eligibility

Representation

FCP Recommendation

Sunil Kumar

 

Requesting a donation to attend the West Ham United Academy in the United Kingdom for an International Soccer Academy Youth Competition.

 

Applicant is not representing Australia, therefore it has been recommended that they receive $100 for regional participation only.

Regional

Regional Representation $100

 

 

Youth Donations Program

Council's Youth Donations Program is available to individuals aged 12-24 years who live in Liverpool City. One application for a youth donation was received by Council. The application met the program criteria and was recommended for funding by the Liverpool Youth Council. The program criteria can be found as an attachment to this report for the reference of Councillors. A summary of the request received and the FCP recommendations are shown in the table below.

 

Applicant Details

Eligibility

Representation

FCP Recommendation

Abigail Widjaja

 

Requesting a donation to participate in the YMCA NSW Youth Parliament 2014 at the Vision Valley Camp and the YMCA Camp Yarramundi. This will allow her to learn how to create bills/reports and improve her presentation and debating skills.

Regional level

$100 for regional level activities (taking place within NSW)

 

 

Men’s Shed One-off Grants

At the Council meeting on 29 May 2013 Council resolved to allocate $60,000 to support registered Men’s Sheds in the local government area (LGA). This one-off, open program provides financial assistance of up to $20,000 for the establishment and ongoing maintenance costs of Men’s Sheds in Liverpool. One application for Men’s Shed One-off Grants was received by Council. The application met the program criteria and is recommended for funding. The program criteria can be found as an attachment to this report for the reference of Councillors. A summary of the request is outlined in the table below.

 

 

 

 

 

 

 

 

 

 

 

Organisation Name

Brief Description

Amount Requested

Comments

FCP

Recommend-ation

Moorebank Men’s Shed

This Project will strengthen the establishment of the project through the purchase of new equipment. This will help to create an environment where the members will have safe and secure tools to share their skills and learn from each other.

$20,000

Organisation meets the eligibility criteria as they are a registered men’s shed organisation based in the Liverpool LGA.

 

Evidence of public liability insurance and annual report has been provided.

 

Organisation has demonstrated capacity to deliver the project and provided evidence to support the community need for the project.

 

The Committee noted that the previous successful Men’s Shed applicant, Liverpool Men’s Shed will share the Shepherd Street premises but is a separate group. One of the groups is focused on metal work while the other is focused on wood work.

$20,000

 

Corporate Sponsorship

Council delivers a Corporate Sponsorship Program for local organisations seeking financial support to deliver events that benefit Liverpool. Five applications for corporate sponsorship were received by Council. Three applications met the program criteria and are recommended for funding. The program criteria can be found as an attachment to this report for the reference of Councillors. A summary of the request received and the FCP recommendation are shown in the table below.

 

 

 

 

Applicant Details

Project Name and Description

Amount Requested

FCP

Recommend-ation

Precedent Productions

Liverpool City Local Business Awards – 29/7 – Roma function Centre

Awarding local businesses for excellence.  Attracts a local business audience with good local media coverage. Organisers have moved the event from a Wednesday evening to a Tuesday evening to assist with Councillor participation.

 

Benefits include: Speaking and presentation opportunity on the night.  Logo and signage at the event.  Logo and recognition on all materials in the lead up to the event

 

Strong alignment with program criteria of stimulating activity in the City Centre, particularly at night time as well as aligning with economic development objectives. 

 

$2,225 ex GST

$2,225 ex GST

Vedic Festival Inc

Vedic Festival (Festival of Chariots) – Bigge Park – 29 June 2014

The festival consists of a street parade and fair in the park. There is singing and the playing of Indian classical music and classical dances. It is a community festival to promote the celebration and respect of art, cultural heritage and unity amongst diverse communities. It is a free event. The event has been running in Liverpool for 8 years with attendances at approx. 3-4000 people.

 

In-kind support requested for:

-Waste collection and 8-10 garbage bins-no charge

-Free installation of banners in the mall  - scissor lift hire $650

 

Total In-kind support $650

 

Benefits: Logo inclusion on promotional material, opportunity to display Council signage at the event – opportunity for speech.

 

The event strongly aligns with program objectives as is held in the CBD on the weekend and attracts good attendances

 

$8,000 + in-kind $650

$5,000 cash plus in-kind support $650

Total =$5,650

Sanatan Satsang Sabha of NSW Inc

(previously in Bigge Park)

 

 

Deepawali Festival together with Fiji Day – 11, 12 October – Northumberland St Car Park

The festival of lights celebrations as well as Fiji Independence day which falls on 10 October.

The event has been running as Deepawali for the past three years and has previously operated in Bigge Park.  Attendances have been estimated at 3-4,000.

Benefits include. Speaking opportunity at the event and signage opportunities in the lead up and during the event.

 

Not recommended for funding as per the policy it duplicates celebrations that are marking the same event/festival occurring within a similar time frame

$10,000

Not recommended for funding

Pakistan Multicultural Services of Australia NSW Inc.

Ramadan Eid Bazaar– 26 July – Whitlam Centre

Religious Celebration with outreach and markets.  Free event.  Expected attendance numbers are 4,000-5,000 people.  Has been running at Whitlam Centre for past 3 years.  Nearest other activity will occur the following day at RoseHill.

 

Benefits include: Opportunity to present speech, logo inclusion on promotional flyers, posters, website etc.  Opportunity to distribute publications at the event.

 

Moderate Alignment.  The event has been running at the Whitlam Centre for three years successfully without Council support.  It is not bringing new activity to Liverpool and is not focused on activating the city centre.  Not recommended for funding

$8,000

Not recommended for funding

 

 

 

 

 

 

 

 

 

 

 

CONSIDERATIONS

conomic and Financial

A budget allocation of $15,000 for the Sporting Donations Program was adopted by Council in its 2013/2014 Operational Plan. If the recommended amount of $100 is endorsed the remaining balance will be $12,600. The recommendations within this report for sporting donations will be funded from the Sporting Donations Program.

A budget allocation of $60,000 for the Men’s Shed One-off Program was adopted by Council in May 2013. If the recommended amount of $20,000 is endorsed the remaining balance will be $20,000. The recommendations within this report for Men’s Shed One-off Grants will be funded from this budget allocation.

A budget allocation of $100,000 for the Youth Donations Program was adopted by Council in its 2013/2014 Operational Plan as part of the Community Donations Program. If the recommended amount of $100 is endorsed the remaining balance will be $54,618.95. The recommendations within this report for Youth Donations will be funded from the Community Donations Program.

 

A budgetary allocation of $51,500 for the Corporate Sponsorship

Program was adopted by Council in its 2013/2014 Operational Plan.

If the recommended amount of $19,275 is endorsed the remaining balance will be -$10,800. The recommendations within this report for corporate sponsorship will exceed the available funding from the Corporate Sponsorship Program. It is therefore recommended that $10,800 be funded from the Tourism Reserve. An uncommitted balance of $60,000 remains in that reserve.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

Raises awareness in the community about the available services and facilities.

Supports community organisations, groups and volunteers to deliver coordinated services to the community.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

Criteria for Sporting Donations

2.View

Crietria for Youth Donations

3.View

Criteria for Men's Sheds One-off Grants Program

4.View

Criteria for Corporate Sponsorship

  


168

GMEE 01

Community Donations, Grants and Sponsorship

Attachment 1

Criteria for Sporting Donations

 


169

GMEE 01

Community Donations, Grants and Sponsorship

Attachment 2

Crietria for Youth Donations

 


170

GMEE 01

Community Donations, Grants and Sponsorship

Attachment 3

Criteria for Men's Sheds One-off Grants Program

 


171

GMEE 01

Community Donations, Grants and Sponsorship

Attachment 4

Criteria for Corporate Sponsorship

 


 

 


173

Ordinary Meeting 30 April 2014

Governance Report

 

GMGO 01

Acquisition of Lot 9 DP 1168653 Merlin Street, Middleton Grange for Drainage and Open Space Purposes

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Property Strategy

File Ref

047979.2014

Report By

Manor Raman - Assistant Property Officer

Approved By

Nadia Napoletano - Group Manager Governance

 

 

Executive Summary

 

The Liverpool Local Environmental Plan 2008 identifies lands to be acquired by Council for various types of infrastructure or open space. Council is required to acquire Lot 9 DP 1168653 Merlin Street, Middleton Grange. Lot 9 DP 1168653 is zoned ‘RE1 Public Recreation’ and ‘SP2 Infrastructure – Drainage’ and forms part of the drainage system in the area.

 

Agreement has been reached, in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 with the owner for Council to acquire Lot 9 DP 1168653 subject to Council approval. Details of the acquisition price are considered to be confidential for commercial reasons and are supplied under separate cover in accordance with Section 10A(2)(c) of the Local Government Act 1993.

 

This report recommends that Council approves the acquisition of Lot 9 DP 1168653 Merlin Street, Middleton Grange on the terms outlined in the confidential attachment.

 

 

RECOMMENDATION

 

That Council:

 

1.       Approves the acquisition of Lot 9 DP 1168653 Merlin Street, Middleton Grange for the price and terms outlined in the confidential attachment;

 

2.       Upon settlement of the acquisition, classifies Lot 9 DP 1168653 Merlin Street, Middleton Grange as Community Land;

 

3.       Keeps confidential the attachment supplied under separate cover containing the acquisition price pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and

 

4.       Authorises its delegated officer to execute any documents, under Power of Attorney necessary to give effect to this decision.  

 

 

 

REPORT

 

As part of the development of Middleton Grange, various areas and parcels of land have been identified for acquisition and embellishment for drainage and open space purposes. The Liverpool Contribution Plan provides the mechanism to collect the funding to enable the acquisition of this land.

 

Lot 9 DP 1168653 Merlin Street, Middleton Grange has been identified for acquisition and has an approximate area of 829.7 square metres.

 

Council appointed a Valuer to prepare a valuation of Lot 9 DP 1168653 in accordance with the Land Acquisition (Just Terms Compensation) Act 1991. Negotiations with the owner have now been completed and the purchase price has been agreed, subject to the approval of Council. Details of the valuation and negotiations are considered to be confidential for commercial reasons and are contained in the confidential attachment in accordance with Section 10A(2)(c) of the Local Government Act 1993.

 

This report recommends that Council proceeds with the acquisition of Lot 9 DP 1168653 Merlin Street, Middleton Grange on the terms outlined in the confidential attachment.

 

CONSIDERATIONS

 

Economic and Financial

Funding for the acquisition is provided for in Council’s Section 94 Contribution Plan and is included in this year’s budget.

Environmental and Sustainability

 

Manage the environmental health of waterways.

 


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

Location Map

  


175

GMGO 01

Acquisition of Lot 9 DP 1168653 Merlin Street, Middleton Grange for Drainage and Open Space Purposes

Attachment 1

Location Map

 


176

Ordinary Meeting 30 April 2014

Governance Report

 

GMGO 02

Proposed closure and transfer of a temporary road, Lot 12 DP 1168716, off Flynn Avenue, Middleton Grange to the original subdivider 

 

Strategic Direction

Accessible Connected City

Provide safe and easy travel with a high quality road and traffic management network

Key Policy

Traffic and Transport Plan

File Ref

062636.2014

Report By

Andy Kabok - Senior Property Officer

Approved By

Nadia Napoletano - Group Manager Governance

 

 

Executive Summary

 

Council has received a request to close a temporary road located over Lot 12 DP 1168716, off Flynn Avenue, Middleton Grange, and once closed, to transfer this land back to the original subdivider. Until recently Bryant Avenue was inaccessible and this temporary road was maintained between Bryant and Flynn Avenue, Middleton Grange to provide access to residential dwellings located on Bryant Avenue.   

 

Alternate public road access is now available to Bryant Avenue via Ulm Street and therefore the temporary road is no longer required.

 

This report recommends that Council agrees to the closure of the temporary road located over Lot 12 DP 1168716, off Flynn Avenue, Middleton Grange, and once closed, approves the transfer of Lot 12 DP 1168716 back to the original subdivider being Mr and Mrs Defilippis.

 

RECOMMENDATION

 

That Council:

 

1.   Agrees to the closure of the temporary road located over Lot 12 DP 1168716, off Flynn Avenue, Middleton Grange;

 

2.   Upon closure of the temporary road, transfers Lot 12 DP 1168716, off Flynn Avenue, Middleton Grange, back to the original subdivider being Mr and Mrs Defilippis; and

 

3.   Authorises its delegated officer to execute any documents, under Power of Attorney necessary to give effect to this decision.

 

 

 

REPORT

 

Council has received a request from Mr and Mrs Defilippis to close a temporary road located over Lot 12 DP 1168716, off Flynn Avenue, Middleton Grange, and once closed, to transfer this land back to the original subdivider being Mr and Mrs Defilippis. This reflects the terms of the original agreement with Council in DA-1247/2008, which saw the creation of the temporary road.

 

Lot 12 DP 1168716 is located between Flynn and Bryant Avenue, Middleton Grange and was dedicated as a temporary public road upon the registration of the Plan of Subdivision of Lot 319 DP 2475 registered on 26 September 2011. The purpose of this temporary road was to provide access to Bryant Avenue from Flynn Avenue until such time that an alternate public access road was available.

 

Council’s Land Development and Traffic and Transport officers have been consulted. It has been confirmed that an alternate public access road is now available to Bryant Avenue via Ulm Street and therefore the temporary road is no longer required.

 

Division 2 of the Roads Act 1993 prescribes the requirements for the closure and transfer of temporary public roads. Section 39 states that a roads authority (in this case Council) may by notice published in the Government Gazette, close a temporary public road so long as it does not give access to an isolated road. Section 40 provides that the roads authority must convey or transfer the land to an applicant if it is satisfied that the applicant is the original subdivider.

 

This report recommends that Council agrees to the closure of the temporary road located over Lot 12 DP 1168716, off Flynn Avenue, Middleton Grange, and once closed, approves the transfer of Lot 12 DP 1168716 back to the original subdivider being Mr and Mrs Defilippis.

 

It should be noted that the temporary road will be demolished at the cost of Mr and Mrs Defilippis and to the satisfaction of Council’s Land Development Engineers. Mr and Mrs Defilippis will also be responsible for all of Council’s costs in this matter.

 

CONSIDERATIONS

 

Economic and Financial

Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues.

There are no financial implications resulting from this report as the applicant will be responsible for all costs associated with the closure and removal of the temporary road.

Environmental and Sustainability

There are no environmental and sustainability considerations.

 

Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

ATTACHMENTS

 

1.View

Location Map

  


179

GMGO 02

Proposed closure and transfer of a temporary road, Lot 12 DP 1168716, off Flynn Avenue, Middleton Grange to the original subdivider 

Attachment 1

Location Map

 


180

Ordinary Meeting 30 April 2014

Governance Report

 

GMGO 03

Review of the Code of Meeting Practice

 

Strategic Direction

Leading Proactive Council

Provide business excellence and financial sustainability to deliver services that meet community expectations

Key Policy

Workforce Management Plan

File Ref

065657.2014

Report By

David Maguire - Governance Officer

Approved By

Nadia Napoletano - Group Manager Governance

 

 

Executive Summary

 

Council resolved at its meeting on 5 February  2014 to place the Code of Meeting Practice (the Code), containing amendments to clause 18 of the Code, on public exhibition, as required under sections 361 and 363 of the Local Government Act 1993 (the Act).

 

One submission was received in favour of the proposed amendments.

 

It is recommended that Council receives and notes this report; acknowledges the submission received; proceeds with the proposed amendments as advertised; and notes the minor procedural amendments to the Code made pursuant to clause 75 of the Code.

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes this report.

 

2.   Acknowledges the submission received.

 

3.   Proceeds with the proposed amendments as advertised.

 

4.   Notes the minor procedural amendments pursuant to clause 75 of the Code.