Agenda of Ordinary Meeting

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 54^th 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 54^th 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.

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

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

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:

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.

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.

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:

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

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.

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

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

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

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

208

Ordinary Meeting 30 April 2014

Planning and Growth Report

GMPG 04

DCP Amendment 16 - Solar Panel Clause

Strategic Direction	Liveable Safe City Deliver an efficient planning system which embraces sustainable urban renewal and development
Key Policy	Urban Development Plans
File Ref	064963.2014
Report By	Tanya O'Brien - Manager Strategic Planning
Approved By	Carole Todd - Acting Group Manager Planning and Growth

Executive Summary

At the ordinary meeting of 26 March a Notice of Motion (NOM 1 Solar Panels) was raised requesting that Council receives a report at its meeting in April 2014 which discusses the addition of controls into the Liverpool Development Control Plan 2008 (LDCP) to address the installation and placement of solar panels, and makes the necessary recommendations for the implementation of those changes.

In light of this, council officers conducted a benchmarking review of planning controls for solar panels and solar energy systems used by a range of NSW councils. Accompanying the benchmark review further research to better understand the current legal atmosphere surrounding solar access rights, as well as a further understanding of the fundamental design requirements of solar panel based energy generating systems were investigated.

As a result of the research undertaken draft controls regarding solar panel have been developed.

This report proposes an amendment to the LDCP 2008 that introduces specific controls regarding the installation and placement of solar panels and considerations of neighbouring properties with solar panels.

RECOMMENDATION

That Council:

1. Publically exhibit Amendment 16 to Liverpool Developments Control Plan 2008 in accordance with Section 74C of the Environmental Planning and Assessment Act 1979 to facilitate the changes outlined in this report.

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

REPORT

Background

A Notion of Motion (NOM 1 Solar Panels) was raised at the 26 March 2014 council Meeting requesting a report that discusses the addition of controls into the LDCP 2008 to address the installation and placement of solar panels, and makes the necessary recommendations for the implementation of these changes.

To inform this amendment officers have compiled the attached Solar Panel Research Report. This report sought to:

1. Benchmark current planning controls used by local councils in NSW.

2. Identify current legal understanding regarding solar access.

3. Identify key considerations for the implementation of solar panel control.

National focus on Solar Energy

Roof mounted solar panels generate electricity through solar photovoltaic (pv), which means to convert light into electricity, which is achieved through solar panel based electricity generating systems. In 2009 Australia had a capacity of 180 megawatts of solar photovoltaic capacity, which has increased to over 3000 megawatts (or 3 Gigawatts) by 2014. It is estimated that over 10% of suitable dwellings in NSW have solar pv systems installed.

Australia has a renewable energy generation target that is legislatively enabled through the Renewable Energy (Electricity) Act 2000 and is facilitated through the Renewable Energy Target (RET) Schemes. These schemes are currently designed to deliver the equivalent of 20 per cent of Australia’s electricity from renewable resources by 2020. To support the achievement of the RET a number of renewable energy incentives have been introduced. The incentives for solar energy have taken the form of rebates on the installation of solar water heaters and small scale solar photovoltaic energy systems and ‘feed-in’ tariffs for eligible customers that return electricity to the electrical grid. In addition to the incentives under prescribed circumstances solar panels in NSW for the purposes of pv systems or solar hot water may be installed without obtaining approval from Council, simplifying the process and reducing overall costs of installation.

Despite the significant growth in solar, particularly roof top solar energy system installations, very little legislative focus has been placed on the security of solar access rights for the use of solar panels and the lawful rights of neighbouring land development options.

Results of the Benchmarking Review

The Development Control Plans (DCPs) of nine local councils in NSW were reviewed in respect to solar panel and solar energy systems references. The most common approaches to solar panel planning controls included at least one but often a combination of the following controls;

· Considerations of existing neighbouring solar panels identified under the development application

Examples include:

Randwick Council

‘Existing solar panels on neighbouring dwellings, which are situated not less than 6m above ground level (existing), must retain a minimum of 3 hours of direct sunlight between 8am and 4pm on 21 June.’

Mosman Council (Residential DCP)

‘Section 5.8 – Solar access (P7) – overshadowing on adjoining properties should be minimized.’

‘For existing and proposed buildings- Shadow diagrams are required to indicate position of buildings on adjoining land including solar panels.’

Campeltown Council (Dwelling Houses DCP)

‘c)Development shall have appropriate regard to the impact on solar access to useable private open space and living areas, solar collectors and clothes drying areas of adjoining residential development.’

Bankstown Council (Residential Development DCP)

‘2.18 Development should avoid overshadowing any existing solar hot water system,

photovoltaic panel or other solar collector on the allotment and neighbouring properties.’

· Neighbouring property development potential to be taken into account

Examples include:

Leichhardt Council (Part D- Energy)

‘c) the use, location and placement of solar collectors is to take into account the potential permissible building form on adjacent properties.’

North Sydney Council (Residential development DCP)

P4 The use, location and placement of photovoltaic solar panels should take into account the potential permissible building forms on adjacent properties.

Marrickville Council (Residential DCP)

…taking into account:

iii) The maximum building envelope permitted on an adjoining property, where the adjoining property has not been developed to the maximum extent permissible under a planning or zoning provisions.

· Site and Context Analysis.

Examples include:

Marrickville Council (Residential DCP)

C6 The best location for a PV panel or solar hot water system must be determined through a site and context analysis taking into account the following:

(Section 2.3 (Site and Context Analysis) of this DCP provides detailed objectives and controls on carrying out a site and context analysis)

i. Features of the site or of the proposed development on which the PV panels or hot water system will be placed (for example shadows within the site from trees or any architectural features of the proposed building);

ii. Features of the adjoining site and developments that may impact on the placement of the PV panels or solar hot water system; and

iii. The maximum building envelope permitted on an adjoining property, where the adjoining property has not been developed to the maximum extent permissible under a planning or zoning provisions.

· Receipt of direct sunlight

Examples include:

Marrickville Council (Residential DCP)

C7 PV panels and solar hot water systems must receive a minimum four hours of direct sunlight between 9:00am and 3:00pm during midwinter

Randwick Council (low density residential)

‘Where the neighbouring dwellings do not contain any solar panels, direct sunlight must be retained to the northern, eastern and/or western roof planes of neighbouring dwellings, which are at least 6m above ground level (existing), so that future solar panels capturing not less than 3 hours of sunlight between 8am and 4pm on 21 June may be installed.’

· Presence of solar panels must not be used as grounds for objection to restrict development

Examples include:

Marrickville Council (Residential DCP)

NB: The presence of PV panels or solar hot water systems on a site and the potential that they may be overshadowed when an adjoining site is redeveloped in accordance with applicable development controls must not be used as grounds for objection to restrict development of an adjoining site where the extent of that development could have been anticipated at the site and context analysis stage.

Leichhardt Council (Part D – Energy)

C3 Energy production technologies should, wherever possible, use renewable energy sources. Council may approve the implementation of new or emerging renewable energy technologies where the necessary infrastructure:

b). will not;

ii) restrict the development potential of nearby and adjacent properties;

Liverpool’s Controls relating to Solar Access/ Panel Controls

The only reference to solar panels in the LDCP 2008 is located controls regarding dwelling houses in Section 5 Cut and Fill, Building Design, Streetscape and Layout, which is as follows:

‘To minimise overshadowing of neighbouring dwellings, their private open space

or any solar panelling.’

Part 1 of the LDCP 2008 identifies the General Controls for all developments in Liverpool and includes a section dedicated to Energy Conservation which states the need for residential development to comply with Building Sustainability Index (BASIX) and commercial developments to comply with National Australian Built Environmental Rating System (NABERS) see table 1. BASIX and NABERS are both tools that seek to improve the sustainability of the buildings being built, of which the installation of solar panel energy systems will improve the tools rating of the development, but they are not mandatory.

Table 1. References relating to solar panel based systems in Part 1 of the Liverpool DCP.

Development Control Plan - Section	Objective	Controls
(23) – Energy Conservation	To minimise greenhouse gas emissions.	Residential	Dwellings, including multi-unit development within a mixed use building and serviced apartments intended or capable of being strata titled, are to demonstrate compliance with State Environmental Planning Policy – Building Sustainability Index (BASIX). A complying BASIX report is to be submitted with all development applications containing residential activities.
		Non-residential	3. Encourages passive solar designed dwellings
		Commercial	1. Provide an Energy Efficiency Report from a suitably qualified consultant to accompany any development application for new commercial office development. 2. The report is to demonstrate that the building can achieve no less than 4 stars under the National Australian Built Environment Rating System (NABERS).

The LDCP 2008 Part 3.1 – 3.6 provides planning controls for a range of dwelling forms. The relevant clauses identify the objectives regarding suitable design for solar access, private open space and sunlight. The section regarding Amenity and Environmental Impact (Overshadowing) in all Part 3 of the LDCP 2008 indicates that all adjoining properties must receive a minimum of three hours of sunlight between prescribed hours to at least one Living room or rumpus room and 50% of the private open space.

The other controls that may be relevant to solar panels based energy systems are identified and are tabled below.

Table 2. References relating to solar panels in Part 3 of the Liverpool DCP

Development Control Plan - Section	Objective	Controls
(2) – Site planning	To ensure that the dwelling house is sensitive to site attributes, such as streetscape character, natural landform, drainage, existing vegetation, land capability, slope, solar access and if relevant, heritage items.	1. The dwelling layout must be designed around the site attributes such as slope, existing vegetation, land capability and / or solar access (See Figure 1).
(3) – Setbacks	To set dwellings back from the street and adjacent properties to provide reasonable space for landscaping, private open space and solar access.	3. Verandahs, balconies, eaves and other sun control devices may only encroach on the minimum secondary setback by up to 1m.
(4) - Landscaped Area and Private Open Space	To ensure that Private Open Space is private, landscaped, screened from overlooking and receives an adequate amount of solar access.	4. The Principal Private Open Space must receive 3 hours of sunlight to at least 50% of the area between 9:00am and 5:00pm on 21 June.
(8). Amenity and Environmental Impact - Overshadowing	To minimise overshadowing of neighbouring dwellings and their private open space	1. Adjoining properties must receive a minimum of three hours of sunlight between 9am and 5pm on 21 June to at least: - One living room, rumpus room or the like. - 50% of the private open space.

Legal Principle concerning Solar Access

The NSW Land and Environment Court (LEC) publishes planning principles which are appropriate matters to be considered in making a planning decision. The solar access planning principle identifies the following considerations to access to sunlight

- The ease of which sunlight can be protected is inversely proportional to the density of development

- The amount of sunlight lost should be taken into account as well as sunlight retained

- Overshadowing out of poor design is not acceptable, even if it satisfies numerical guidelines

- In areas undergoing change, the impact on what is likely to be built on adjoining sites should be considered as well as the existing development.

The planning principle on solar access is identified in full in Appendix C of the attached report.

The consideration of the sunlight planning principle is important to the effective implementation and use of any solar panel planning control.

State Environmental Planning Policy (SEPP) (Infrastructure) 2007

The Infrastructure SEPP considers the installation solar panels for the purposes of pv or solar hot water systems ‘exempt’ development, meaning that these systems may be installed without obtaining approval from Council under certain circumstances. Any DCP addition will need to consider that solar energy systems may be installed without notification to council and as such could be installed without looking at the potential permissible building form of adjoining land. Solar panels that are installed without considering the potential permissible building form have the potential to become overshadowed by permissible neighbouring development. For example a neighbouring property may be redeveloped from a single storey home to a two-storey home which is completely permissible according to all the development controls of that land, as such this should be considered prior the installation of solar panels.

Concluding Considerations for Solar Panel Development Controls

For the effective response to solar panel based energy systems the planning control needs to address the following aspects

· Adjoining property solar panels are to be taken into account and considered during the development assessment process. Poor design resulting in overshadowing of neighbouring properties should be considered unacceptable, even when numerical aspects are satisfied under the development controls.

· To ensure future coherency and understanding of developmental opportunities a comprehensive site and context analysis of the property to be developed and of the adjoining properties including the identification of solar panels is suggested.

· Solar energy systems complying with the SEPP (Infrastructure) 2007 can be installed without council assessment, residents should understand the permissible development options of adjoining properties and place any solar collectors in areas that would be least effected by any potential development/ redevelopment of adjoining properties, while maintaining high efficiencies. (this should be communicated via alternate means, other than through the planning process)

· The presence of solar panels should not be used as grounds for objection to restrict neighbouring development, where the development is in accordance with applicable planning controls.

Recommended Controls

Using the identified research results regarding solar panels, the following LDCP 2008 changes to address solar panel development in Liverpool are recommended:

· The addition of a Solar Panels/ Solar Hot Water Section to Part 1 of the LDCP 2008 that identifies controls for the development of solar panels.

· Replace clause 3 of Section 23 Energy conservation in Part 1 of the LDCP 2008, Non-Residential (table 1) with a clause that includes ‘minimisation of overshadowing to neighbouring property’.

· Addition of a clause to the Section of Amenity and Environmental Impact, Overshadowing (table 2) in Part 3 of the LDCP 2008 which indicates that a minimum 3 hours of sunlight receipt for solar panels on adjoining properties is required.

Conclusion

The resulting research has guided the development of planning controls that seeks to improve the development of solar panel energy system and identifies controls for existing solar panels.

It is recommended that Council publically exhibit Amendment 16 to Liverpool Developments Control Plan 2008 to facilitate the changes outlined in this report and receive a report following public exhibition outlining the comments received.

CONSIDERATIONS

Economic and Financial	Enhance the environmental performance of buildings and homes.
Environmental and Sustainability	Enhance the environmental performance of buildings and homes. Raise community awareness and support action in relation to environmental issues.
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	Act as an environmental leader in the community.

ATTACHMENTS

1.View	Solar panel development controls research report
2.View	Tracked Changes to DCP - solar panel

229
GMPG 04	DCP Amendment 16 - Solar Panel Clause
Attachment 2	Tracked Changes to DCP - solar panel

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GMPG 05

Changes to the Independent Hearing and Assessment Panel Charter and Procedure

Strategic Direction	Liveable Safe City Deliver an efficient planning system which embraces sustainable urban ren ewal and development
Key Policy	Urban Development Plans
File Ref	075842.2014
Report By	Lina Kakish - Acting Manager Statutory Planning
Approved By	Toni Averay - Acting Executive Director

Executive Summary

This report outlines the changes to the Independent Hearing and Assessment Panel (IHAP) Charter and Procedure to accommodate the improvements to IHAP processes endorsed by Council at the meeting of 30 October 2013.

Liverpool Council was one of the first councils in New South Wales to establish an IHAP as a way of improving transparency, accountability and public scrutiny of Council’s development assessment decision making process. This has now been acknowledged as industry best practice.

The changes discussed within this report propose amendments to the IHAP charter to reflect the Council resolution of 30 October 2013. Minor additional changes are also proposed to further improve the IHAP process by streamlining IHAP triggers and administrative procedures.

Additionally, a change to the IHAP delegation is proposed to reflect the requirement for all development applications proposing a variation to a development standard of 10% or greater, to be decided by Council.

RECOMMENDATION

That Council:

1. Adopts the revised Independent Hearing and Assessment Panel Charter and Procedure as attached to this report.

2. Amends the IHAP delegation of 30 October 2013 by including a new Clause (c) as follows to reflect the requirement for all development applications proposing a variation to a development standard of 10% or greater to be decided by Council:

c) That all development applications where there has been a variation to a development standard of 10% or greater, be determined by the elected Council in accordance with Clause 4.6 of Liverpool Local Environmental Plan 2008.

3. Delegates authority to the CEO to approve and amend the IHAP procedure from time to time, in consultation with the members of the IHAP and the community.

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REPORT

Background

The role of the IHAP in the NSW Planning System

In NSW, a Council may elect to implement an IHAP for the purpose of the assessment of any aspect of a development application or any planning matter. The provision of an IHAP is not a mandatory requirement for any Council within NSW; however if established, the IHAP is required to be developed in accordance with Clause 23I Independent Hearing and Assessment Panels of the Environmental Planning and Assessment Act (EP&AA) 1979.

Liverpool Council has an established IHAP that has been developed and implemented in accordance with the requirements of the EP&AA 1979, to provide increased transparency, confidence in, and scrutiny of planning decisions.

Establishment of IHAP at Liverpool City Council

On 10 March 1997, Council resolved that an IHAP be established to provide an independent hearing forum for objectors and applicants, and to independently make recommendations to Council on development applications. Each IHAP consists of five members representing the areas of:

· Planning Law

· Environment

· Urban Design

· Community

· Traffic.

Changes to the IHAP Charter

On 30 October 2013, Council resolved to endorse the proposed changes to the IHAP charter as follows:

1. Delegates authority to the CEO to determine all applications regarding developments in the CBD referred to IHAP, subject to the following conditions;

a. That all Councillors be notified in writing of the determinations of the IHAP meeting within 24 hours of the meeting.

b. That Councillors have 72 hours from the time of the IHAP meeting to request that the matter be resolved by Council if three or more Councillors notify the CEO in writing if they deem it to be in the community interest to do so.

2. Amends the IHAP charter to reflect the above delegated authority.

3. For the purposes of this motion, the CBD shall be defined by and generally bound by the train line to the east, Hume Highway/Copeland Street to the north and west and Atkinson Street to the South.

Discussion

The draft revised IHAP Charter (Attachment 1) responds to the Council resolution and proposes minor amendments to IHAP triggers to further streamline development assessment processes.

Following are the proposed revised referral triggers:

1. Any building over three storeys in the Liverpool CBD area and those Class 2 to 9 Buildings under the Building Code of Australia (BCA) where there are five or more unresolved objections;

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2. Any matter that involves a variation to the Liverpool Local Environmental Plan 2008 of 10% or greater.

3. Any development application lodged on behalf of Council or by Council, where it has a pecuniary interest in the development.

The development applications referred to above will only be considered by the IHAP and Council in circumstances where the Joint Regional Planning Panel is not the determining authority.

Key Changes

In summary, the draft revised Charter incorporates the following key changes:

(a) Provides for development applications within the Liverpool CBD to be determined by the Chief Executive Officer (CEO) using Delegated Authority in accordance with Council’s resolution of 30 October 2013, except for applications involving a proposed variation to a development standard of 10% or greater; and

(b) Amending the submission trigger for referral to IHAP from three submissions to five unresolved objections, and requiring that submissions received and representations made during the public hearing raise issues relevant to the development application.

Each of these key changes is discussed separately below.

Delegation to the CEO

The Charter has been amended to give effect to Council’s resolution of 30 October 2013 providing the CEO with authority to determine CBD applications referred to IHAP, unless three or more Councillors advise that they wish the applications to be decided by Council.

Notwithstanding this delegation, the Charter notes that the CEO cannot determine any development application if the application seeks a variation of 10% or greater of a development standard in the Liverpool Local Environmental Plan 2008 or relevant State Policy. In such cases, the application must be reported to the full Council for decision in accordance with the direction provided by NSW Department of Planning and Infrastructure, pursuant to the Environmental Planning and Assessment Act 1979.

In response to the findings of the Independent Commission Against Corruption investigation into corruption allegations affecting Wollongong City Council, all development applications with SEPP 1 or clause 4.6 applications with variations of 10% or greater must be reported to Council for determination. Councils are also required to report these variations to the Department of Planning and Infrastructure every quarter. Council’s legal officers have confirmed that notwithstanding Council’s adoption of the clause 4.6 provision within the Liverpool LEP 2008, these requirements remain in force in accordance with the NSW Department of Planning and Infrastructure’s Planning Circular PS 11-018, and supporting Guide to Varying Development Standards.

Accordingly, an amendment to the delegation of 30 October 2013 is proposed to reflect this requirement. The proposed amendment would involve the inclusion of a new clause (c) noting that any development application involving a variation of 10% or greater would be decided by Council.

The proposed amended delegation is as follows:

That Council:

1. Delegates authority to the CEO to determine all applications regarding developments in the CBD referred to IHAP, subject to the following conditions:

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a) That all Councillors be notified in writing of the determinations of the IHAP meeting within 24 hours of the meeting.

b) That Councillors have 72 hours from the time of the IHAP meeting to request that the matter be resolved by Council if three or more Councillors notify the CEO in writing if they deem it to be in the community interest to do so.

2. Amends the IHAP charter to reflect the above delegated authority.

3. Delegate to the CEO to determine applications in the CBD that are not referred to IHAP where no objections have been received and design excellence has been achieved as per the IHAP charter subject to the following conditions:

a) That all Councillors be notified in writing of the CEO’s intention to determine the application with 48 hours notice.

b) Councillors can within that period request that the matter be resolved by Council if three or more Councillors notify the CEO in writing if they deem it to be in the community interest to do so.

c) That all development applications, where there has been a variation greater than 10% in development standards be determined by the elected Council in accordance with Clause 4.6 of Liverpool Local Environmental Plan 2008.

4. For the purposes of this motion, the CBD shall be defined by and generally bound by the train line to the east, Hume Highway/Copeland Street to the north and west and Atkinson Street to the South.

In summary then, any development application incorporating development proposals with variations greater than 10%, should be determined by full Council and not by the CEO or his delegate.

Submissions

It is proposed to increase the submission trigger for referral to IHAP from three submissions to five. Accordingly, applications will only be reported to IHAP for consideration if there are five or more valid and unresolved objections received in response to the notification/public exhibition of a development application.

All submissions are considered during the assessment process by Council’s planning and other relevant technical officers. Referral to IHAP can add two months delay to the decision making timeframe for the determination of a development application. This represents additional cost and uncertainty for applicants. Where there are fewer than five submissions, matters raised in submissions will still be addressed by Council officers as part of the assessment process. Given this is a very small number of submissions, this should not delay the assessment process where applications are largely consistent with LEP controls and have not triggered the 10% variation referral requirement.

Additionally, Council’s implementation of ePlanning in January 2014 means that all applications and associated documentation are now published on line for 24/7 access by submitters, applicants and other interested parties. Given this increased transparency and improved access to information, and noting the amendments to notification procedures approved by Council in the recent Amendment 10 to the Liverpool Development Control Plan, it is considered timely to make this minor change to the IHAP submission referral trigger.

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Accordingly, the changes outlined above will enable development applications to be determined more efficiently while still maintaining transparent, robust decision making processes in compliance with legislative requirements.

Changes to the IHAP Administrative Procedures

IHAP administrative procedures have also been revised to give effect to the Council resolution of 30 October 2013 and to improve IHAP processes and efficiency.

The new IHAP administrative procedure (Attachment 2) outlines the changes to the administrative processes supporting IHAP meetings, including the day and duration of meetings, meeting structure and format, the process for finalisation of IHAP recommendations and the content of IHAP minutes.

Conclusion

This report presents the revised IHAP Charter and administrative procedure for Council approval. These changes aim to simplify IHAP processes to further improve development assessment decision making and to give effect to the Council resolution of 30 October 2013.

CONSIDERATIONS

Economic and Financial	Further develop a commercial centre that accommodates a variety of employment opportunities. Facilitate economic development. Further develop a commercial centre that accommodates a variety of employment opportunities (in the City Centre).
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	The IHAP processes support community engagement and input into development assessment decision making.
Civic Leadership and Governance	Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes.

Do not delete this line

ATTACHMENTS

1.View	Revised draft IHAP Charter
2.View	Revised draft IHAP Procedure

Text Box: 240
GMPG 05 Changes to the Independent Hearing and Assessment Panel Charter and Procedure
Attachment 1 Revised Draft IHAP Charter

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GMPG 05 Changes to the Independent Hearing and Assessment Panel Charter and Procedure
Attachment 1 Revised Draft IHAP Charter Text Box: 242
GMPG 05 Changes to the Independent Hearing and Assessment Panel Charter and Procedure
Attachment 1 Revised Draft IHAP Charter Text Box: 243
GMPG 05 Changes to the Independent Hearing and Assessment Panel Charter and Procedure
Attachment 1 Revised Draft IHAP Charter Text Box: 244
GMPG 05 Changes to the Independent Hearing and Assessment Panel Charter and Procedure
Attachment 2 Revised Draft IHAP Procedure Text Box: 245
GMPG 05 Changes to the Independent Hearing and Assessment Panel Charter and Procedure
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GMPG 05 Changes to the Independent Hearing and Assessment Panel Charter and Procedure
Attachment 2 Revised Draft IHAP Procedure Text Box: 247
GMPG 05 Changes to the Independent Hearing and Assessment Panel Charter and Procedure
Attachment 2 Revised Draft IHAP Procedure

incoming correspondence

Date

From

Details

Nil

OUtgoing correspondence

Date

From

Details

10 April 2014

Mr Ned Mannoun, Mayor of Liverpool City Council

And

Mr Rob Noble, Acting Chief Executive Officer

Mr Ross Woodward, Chief Executive Officer, Local Government Report Consultation, Division of Local Government

Submission on the recommendations of the Independent Local Government Review Panel Final Report.

Petitions

Issue

Number of Signatories

Provide safe pedestrian infrastructure for the students at Cecil Hills Public School

Opposing the Federal Government’s compulsory acquisition of land parcels on the Georges River corridor for the Moorebank Terminal.

Objection to waterski facility located at Floyd Bay. DA 565.1/2013

Objection to proposed aged care facility on Gascogne Street, Prestons. DA-183/2014.

Property	28 Memorial Avenue Liverpool (Lot 1 DP 229113)
Owner	Shalalo Elisha Pty Ltd
Applicant	Michael Brown Planning Strategies Pty Ltd

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

Property	13 & 15 Continua Court, Wattle Grove (Lots 34 & 35, DP 808387)
Owner	Defence Housing Authority
Applicant	Defence Housing Authority

· 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

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

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

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

1.View	IHAP Report (Under separate cover)
2.View	IHAP Recommendation (Under separate cover)
3.View	Revised conditions of consent

Property	29 Templeton Crescent Moorebank (Lot 78 DP 224165)
Owner	Anthony Dali, Connie Dali & Esther Angrisano
Applicant	Absolute Design Group Pty Ltd

Property	31 Dale Avenue, Liverpool (Lot 172 DP 25952)
Owner	Mr J N Me'adi
Applicant	Mr J N Me'adi

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

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.

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

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

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%

Legislative Requirements		Fully Compliant.
Portfolio Credit Rating Limit		Fully Compliant.
Institutional Exposure Limits		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.

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.

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

142
GMBE 01	Statutory Investment Report March 2014
Attachment 4	Performance Graphs Actual to Budget March 2014

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

	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

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

Role

Description

Appointee

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.

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.

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.

175
GMGO 01	Acquisition of Lot 9 DP 1168653 Merlin Street, Middleton Grange for Drainage and Open Space Purposes
Attachment 1	Location Map

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

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.

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

Economic and Financial	The recommendation has been provided for within the 2013/2014 and 2014/2015 budget.
Environmental and Sustainability	A Part 5A, Environmental Assessment (Review of Environmental Factors) has been undertaken and there are no environmental and sustainability implications.
Social and Cultural	There are no social or cultural implications.
Civic Leadership and Governance	The recommendation provides opportunity to advocate for the local community. The recommendation is required in accordance with the Local Government Act 1993.

Strategic Direction	Accessible Connected City Encourage sustainable and alternative transport options such as walking, cycling and integrated public transport
Key Policy	Road Safety Plan
File Ref	079606.2014
Report By	Albert Galletta - Service Manager Infrastructure Delivery (Acting)
Approved By	Raj Autar - Group Manager Infrastructure and Environment

	Company
1	Avant Constructions Pty Ltd
2	Celtic Civil Pty Ltd
3	Civil Constructions Pty Ltd
4	CRC Civil Pty Ltd
5	GC Group Company Pty Ltd
6	M & M Prpic Pty Ltd
7	M & R Civil Pty Ltd
8	Mid-West Excavations Pty Ltd
9	Perfect Engineering Pty Ltd
10	Talis Civil Pty Ltd