Liverpool City Council
Business Paper
Council Agenda
Ordinary Council Meeting
28 May 2014
Francis Greenway Centre
170 George Street
Liverpool
You are hereby notified that an Ordinary Council Meeting of Liverpool City Council will be held at the Francis Greenway Centre, 170 George Street, Liverpool on Wednesday, 28 May 2014 commencing at 6.00pm. Doors to the Francis Greenway Centre will open at 5.45pm.
Liverpool City Council Meetings are taped for the purposes of minute taking and record keeping. If you have any enquiries please contact Council and Executive Services on 9821 9237.
Rob Noble
ACTING CHIEF EXECUTIVE OFFICER
Order of Business
PAGE TAB
Prayer
Apologies
Condolences
Confirmation of Minutes
Ordinary Council Meeting held on 30 April 2014..................................................................... 5
Extraordinary Council Meeting held on 07 May 2014............................................................ 66
Declarations of Interest
Public Forum
Mayoral Report
NIL
Notices of Motion Of Rescission
NIL
Notices of Motion
NOM 01 Establishing an additional Sister City.............................................................. 76......... 1
NOM 02 Changes to Racial Discrimination Act (18C).................................................. 80......... 2
NOM 03 Fire Safety Certifications / Inspections........................................................... 83......... 3
Motions of Urgency
NIL
Independent Hearing and Assessment Panel Report
IHAP 01 DA 1112/2013 - Alterations and fitout of Shop 7 at 42-48 Epsom Road, Chipping Norton 84......... 4
IHAP 02 DA 712/2013 - Demolition and construction of a residential flat building of 58 residential units at 36-40 Speed St, Liverpool.................................................................. 88......... 5
IHAP 03 DA-977/2013 Expansion of restaurant and outdoor dining at Shop 13, 172 Green Valley Way, Green Valley.......................................................................................... 97......... 6
Chief Executive Officer Report
CEO 01 Key Site Master Planning Committee Charter............................................. 112......... 7
CEO 02 March 2014 Performance Report................................................................ 122......... 8
Executive Director Report
ED 01 Establishment of Liverpool Airport Coordination Group and Liverpool Airport Taskforce 124......... 9
Strategy and Executive Report
NIL
Business Excellence Report
GMBE 01 March 2014 Budget Review......................................................................... 139....... 10
GMBE 02 2008/2009 Refinancing Existing Loan.......................................................... 173....... 11
GMBE 03 Statutory Investment Report April 2014....................................................... 175....... 12
City Presentation Report
NIL
Community and Culture Report
GMCC 01 Expression of Interest EOI2333 Management of Leisure Centre - Carnes Hill 186 13
GMCC 02 Liverpool City Council Sporting Grants Program 2013/2014....................... 188....... 14
GMCC 03 Adoption of the Customer Service and Communication Policy................... 192....... 15
Economy and Engagement Report
GMEE 01 Midnight Basketball Program........................................................................ 212....... 16
GMEE 02 Donations Policy........................................................................................... 215....... 17
GMEE 03 Donations, Grants and Sponsorship............................................................. 233....... 18
Governance Report
GMGO 01 Draft Conservation Management Plan for the Soldiers' Memorial School of Arts building, 306 Macquarie Street, Liverpool................................................................... 244....... 19
GMGO 02 Budget Request for Consultancy Services re Fire Certification Work......... 252....... 20
Infrastructure and Environment Report
GMIE 01 Warren Serviceway Car Park Fees and Charges........................................ 254....... 21
GMIE 02 WT2332 - Landscaping on Bernera Road, Prestons between Camden Valley Way and Kurrajong Road............................................................................................. 256....... 22
Planning and Growth Report
GMPG 01 Post Exhibition Report of draft Amendment No 43 to LLEP 2008- Clause 4.2B 259 23
GMPG 02 DA-834/2008 - S96 Modification at 65-69 Castlereagh Street, Liverpool.... 280....... 24
GMPG 03 Post Exhibition LLEP Amendment No. 36 - Cemeteries & Crematoria and draft DCP controls. ........................................................................................................ 326....... 25
GMPG 04 DA-903/2012 - S96 Modification to residential flat building. Lot 102 - DP 1102856, 3 George Street, Warwick Farm..................................................................... 349....... 26
GMPG 05 Voluntary Planning Agreement between Liverpool City Council and Hydrox Nominees Pty Ltd........................................................................................................... 363....... 27
Committee Reports
CTTE 01 Minutes
of the Aboriginal Consultative Committee
Meeting held on 3 April 2014 ....................................................................... 393....... 28
CTTE 02 Minutes of the Liverpool Access Committee 10 April 2014......................... 399....... 29
CTTE 03 Minutes of Liverpool Youth Council meeting held on 1 April 2014............... 404....... 30
CTTE 04 No Intermodal Committee Meeting Minutes of 6 May 2014........................ 409....... 31
CTTE 05 Minutes of Tourism and Events Committee meeting held 7 May 2014....... 418....... 32
CTTE 06 Minutes of Economic Development Committee meeting held 7 May 2014 447....... 33
CTTE 07 Minutes of Building Our New City Committee meeting held 7 May 2014... 456....... 34
CTTE 08 Minutes of the Budget and Finance Committee........................................... 463....... 35
Correspondence Reports
CORR 01 Incoming and Outgoing Correspondence Report......................................... 467....... 36
Questions with Notice
QWN 01 Question with Notice - Clr Shelton................................................................ 469....... 37
QWN 02 Question with Notice - Clr Stanley................................................................ 471....... 38
QWN 03 Question with Notice - Clr Harle................................................................... 472....... 39
Questions Taken on Notice
Presentations by Councillors
Close
MINUTES OF THE Ordinary Meeting
HELD ON 30 April 2014
PRESENT:
Mayor Ned Mannoun
Councillor Balloot
Councillor Hadchiti
Councillor Hadid
Councillor Harle
Councillor Karnib
Councillor Ristevski
Councillor Shelton
Councillor Stanley
Councillor Waller
Mr Rob Noble, Acting Chief Executive Officer
Ms Julie Hately, Executive Director
Ms Toni Averay, Acting Executive Director
Ms Billie Sankovic, Group Manager Strategy and Executive
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 6.04pm.
OPENING 6.04pm
PRAYER The prayer of the Council was read by Pastor Henry Jacotine from Inspire Church.
APOLOGIES Councillor Mamone
Motion: Moved: Mayor Mannoun Seconded: Clr Hadid
On being put to the meeting the motion was declared CARRIED.
Minutes of the Ordinary Council Meeting held on Wednesday, 30 April
2014 and confirmed on Wednesday, 28 May 2014 ……………………………………. Chairperson
CONDOLENCES
Clr Harle read the condolences at the Council meeting for the passing of Nathan Berry on 3 April 2014.
On April the third, Nathan Berry at the very young age of 23 passed away from complications of Norse Syndrome.
Nathans Family has always lived in the Liverpool area. His father Kevin is a long-time trainer at Warwick Farm while his Mother Julie also works in the racing industry. Leading Jockey Nathan and his twin Brother Tommy Berry, also a leading Jockey, attended Chipping Norton Public School and later Moorebank High. The twins and their sister Belinda also played for the Chipping Norton Soccer Club.
He married his wife Whitney, daughter of fellow jockey Glyn Schofield, on February 2. Nathan had only been married for two months and sadness is not a sufficient word to describe this tragedy, he had travelled to Singapore to ride there for 4 months but collapsed during track work.
The biggest win of his career was on Unencumbered in the Magic Millions Classic at the Gold Coast. Nathan rode 351 winners in his short career, an outstanding achievement. This was a young man that had the world at his feet. He won the Magic Millions in January and rose to the top of the ranks so quickly that he was offered a contract to ride in Singapore.
The 23 year old was farewelled at Rosehill Racecourse by his family and thousands others, wearing his favourite colour blue. His death has struck at the heart of the racing industry which is mourning the loss of someone whose broad smile and positive outlook won over many friends and admirers.
We have lost a good ambassador for not only the racing industry but the Liverpool area as a whole.
Motion Moved: Clr Harle Seconded: Clr Waller
That Council express its deepest condolences for the recent passing of Nathan Berry and a letter of Condolence be sent to his family.
On being put to the meeting the motion was declared CARRIED. |
Confirmation of Minutes
Motion Moved: Clr Hadid Seconded: Clr Balloot That the minutes of the Ordinary Meeting held on 26 March 2014 be confirmed as a true record of that meeting.
On being put to the meeting the motion was declared CARRIED. |
Declarations of Interest
Clr Hadchiti declared a non pecuniary, less than significant interest in the following Item:
Item IHAP 07: Construction of a nine storey mixed-use development comprising forty-six residential units and three retail tenancies; and basement car parking at 74-76 Castlereagh Street, Liverpool
Reason: He used the services of the applicant (architect) as part of a syndicate in approximately 2007. No contact has been made in relation to this application.
Clr Hadchiti will not leave the Chambers for the duration of this Item.
The Acting Chief Executive Officer Rob Noble declared a non pecuniary, less than significant interest in the following Item:
Item GMCC 03: Public Library Funding Campaign
Reason: He was an unpaid consultant on that project until 27 March 2014.
The Acting Chief Executive Officer will leave the Chambers for the duration of this Item.
Public Forum
(Presentation – Items not on agenda)
1. Ms Leann Dobbin addressed Council in relation to the PCYC Liverpool Time 4 Kids fundraiser.
(Representation – Items on agenda) Nil
Mayoral Minute
SUBJECT: PCYC Doing Time for Kids |
Council is well aware of the great work the PCYC do in our community. PCYC programs work to divert youth from a potential life involving crime and possibly gaol. The Liverpool PCYC based at Miller provides an invaluable service to the local youth community and supports other services delivered by Council and other organisations in the area.
Recently I participated in the Doing Time for Kids fundraising project where I set the Mayor’s fundraising bale at $20,000 for the Liverpool PCYC. I am pleased to report to Council that local businesses including the Liverpool Catholic Club and Investa Group contributed to the $12,500 we succeeded in raising on the day. I thank the numerous donors for their generosity. I now turn to the Council to support the cause and contribute to the PCYC Doing Time for Kids fundraising target by donating $7,500 for a worthy local cause.
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Motion Moved: Mayor Mannoun
That Council:
1. Acknowledges the service to the community by the Liverpool PCYC at Miller.
2. Congratulates the PCYC on their successful Doing Time for Kids fundraising initiative.
3. Thanks the generous sponsors including Liverpool Catholic Club and Investa Group.
4. Donates $7,500 to the Liverpool PCYC Doing Time for Kids 2014. Funds will be allocated from the Councillor Reserve.
On being put to the meeting the motion was declared CARRIED. |
Mayoral Minute
SUBJECT: Local Government Management Excellence Awards
|
On Thursday 10 April, Council was represented at the Local Government Management Excellence Awards conducted by the peak organisation representing local government professionals in NSW. Council was a finalist for two of our programs:
· Council’s children’s services team for their efforts in delivering improved services and increasing the performance and productivity of our centres.
· Council’s Corporate Strategy Team for the engagement project to ascertain community attitudes towards a second airport at Badgerys Creek. I am excited to inform Council that our Children’s Services Team is the recipient of The Local Government Excellence Award for "Leadership Excellence in Community Services". It is inspiring to see the hard work of our staff recognised with such a prestigious award. This is testament to the hard work that has been put in by all teams the Children’s Services area. They have set a benchmark for the delivery of quality early education and care services which was recognised by their local government peers. Each day staff work to deliver the visions and the philosophy of each of the centres and for the unit as a whole to ensure that the children and families who walk through our doors each year get the best start in education and care.
There are many examples of outstanding work being undertaken throughout council and it is a pleasure to recognise the two teams with Mayoral Minute.
|
Motion Moved: Mayor Mannoun
That:
1. Council congratulates the Children’s Services Team led by Group Manager Community and Culture, Kiersten Fishburn on receiving the Local Government Excellence Award for "Leadership Excellence in Community Services".
2. The Mayor writes to all staff involved with the award congratulating them for their success and ongoing efforts.
On being put to the meeting the motion was declared CARRIED. |
Mayoral Minute
SUBJECT: Sydney's Second Airport Announcement
|
On Tuesday 15 April the Prime Minister Tony Abbott announced the site for Sydney’s second international airport will be on Commonwealth land at Badgerys Creek. The announcement ends over three decades of uncertainty for the area of Badgerys Creek, Liverpool and Western Sydney. The following day the Prime Minister Tony Abbott, Deputy Prime Minister Warren Truss, Assistant Minister for Infrastructure and Regional Development Jamie Briggs, Minister for Human Services Senator Marise Payne and the State Minister Assisting the Premier on Western Sydney, Stuart Ayres were joined by many of their federal and state colleagues from Western Sydney and in particular our local members Melanie Gibbons the member for Menai and Craig Kelly the member for Hughes to announce a package of $3.5 billion over 10 years in major infrastructure upgrades associated with the airport. I would like to acknowledge the staff of Council involved in pulling together the logistics for the Prime Minister’s visit with only a few hours notice. It certainly demonstrated that Liverpool Council is a highly professional and responsive organisation.
The other key announcement by the NSW government was the proposed preservation of a rail corridor from the new South West rail line connecting Leppington to Badgerys Creek with further expansion north and south from Badgerys Creek opening up new employment and residential development opportunities. Given the good record of delivering infrastructure by the current NSW government, I am confident we could see rail expansion based on demand in the not too distant future. The overwhelming majority of that State and Federal investment will fall within the Liverpool local government area offering a huge windfall and opportunity to our community and the regional city of South Western Sydney. It was a great honour for Liverpool Council to host this historic announcement in our facilities and no coincidence that our Council is seen as the critical local partner in this nation building project.
Council will recall a Mayoral Minute adopted on 25th of September last year (attached) that proposed Council conduct a comprehensive conversation with our communities about the potential airport in Liverpool. It was determined to revisit the airport issue after Council sensed a change in attitude amongst the community. The subsequent consultation project was so thorough and independent that several Councils have used our model themselves and the project was a finalist in the recent local government awards.
The subsequent report was tabled to Council on December 18 and a recommendation conditionally supporting an airport at Badgerys Creek was adopted (attached). The key findings of the consultation report were that 60% of those surveyed supported a second airport and nearly 55% supported Badgerys Creek as the location. The most important factors to be considered were local jobs and benefits to the local economy. However we also must acknowledge the community concerns around the environmental, traffic and potential aircraft noise issues and work to address these. The community also told us they wanted appropriate infrastructure such as rail links and improved roads. Importantly the majority of the people surveyed said they wanted Liverpool Council to play an active role and have a ‘seat at the table’ to advocate on their behalf around the development of a second airport.
Liverpool Council is now on the cusp of the greatest opportunity the region has ever been presented. The airport and promised 60,000 jobs and billions of dollars in investment will be a game changer for Liverpool and the region we lead. Council is well positioned to meet the challenges and opportunities that lie ahead for the city and region. |
Motion Moved: Mayor Mannoun
That Council:
1. Welcomes the announcement that Liverpool will be the site for Sydney’s second international airport.
2. Congratulates the Commonwealth and State governments on their early commitment to billions of dollars in infrastructure development.
3. Requests the Acting Chief Executive Officer to prepare a report to Council’s May meeting outlining the resources and structure needed to meet the airport opportunity. Such report should consider but not be limited to:
· Establishment of a Liverpool Airport Coordination Unit within Council’s structure and resources required.
· Noting the importance of close integration between local, state and federal government planning authorities investigate offering accommodation to the federal government for initial airport planning authority staff.
· Establishment of a committee of Council called the 'Liverpool Airport Taskforce' to meet monthly and work through the local government issues relating to the airport over coming years.
On being put to the meeting the motion was declared CARRIED.
Division called:
Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Ristevski
Vote against: Clr Harle Clr Karnib Clr Shelton Clr Stanley Clr Waller
The motion was passed on the Mayor’s Casting Vote. |
Notices of Motion
ITEM NO: NOM 01
FILE NO: 083475.2014
SUBJECT: Communication with Councillors
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.
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COUNCIL DECISION
Motion Moved: Clr Balloot Seconded: Clr Hadchiti
That Council receives and notes the response provided in the Business Paper from the Acting Chief Executive Officer.
Foreshadowed Motion Moved: Clr Stanley Seconded: Clr Shelton
That the recommendation be adopted.
On being put to the meeting the motion (moved by Clr Balloot) was declared CARRIED. |
ITEM NO: NOM 02
FILE NO: 087904.2014
SUBJECT: Sale or Purchase of Council's Property Portfolio
NOTICE OF MOTION
That Council:
1. Provides global figures in its Annual Financial Statements relating to the acquisition and/or disposal of real property as follows:
a) Proceeds from disposal – funds transferred into the Property Development Reserve; b) Proceeds from disposal – funds transferred into a Section 94 Contribution Fund; c) Land acquired for drainage purposes; and d) Land acquired for open space purposes;
2. Where appropriate, gives consideration to publicly disclosing the acquisition and or disposal value of real property assets with a value in excess of $2,500,000 within the following financial year.
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COUNCIL DECISION
Motion Moved: Clr Balloot Seconded: Clr Ristevski
That Council receives and notes the response provided in the Business Paper from the Acting Chief Executive Officer.
Foreshadowed Motion Moved: Clr Stanley Seconded: Clr Shelton
That the recommendation be adopted.
On being put to the meeting the motion (moved by Clr Balloot) was declared CARRIED.
Clr Stanley and Waller asked that they be recorded as voting against the motion(moved by Clr Balloot).
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Independent Hearing and
Assessment Panel Report
ITEM NO: IHAP 01
FILE NO: 072058.2014
SUBJECT: Construction of a four storey commercial building as an educational establishment, installation of signage at 28 Memorial Avenue, Liverpool
RECOMMENDATION
That Council:
1. Approve Development Application No. DA-1022/2013 as a Deferred Commencement Consent subject to the recommended conditions attached to the Council officer’s IHAP Report and as modified by IHAP as follows:
· Deferred commencement condition 1(c) be amended to read “The stairwell to the laneway (Norfolk Serviceway) should incorporate a vertical strip of glazing or metal screen that would comply with BCA requirements for fire stairs.”
· Condition 86 be amended by deleting “8:30am to 6:30pm” and inserting “8am to 9pm” and adding at the end of the sentence “and on Saturday’s 9am to 4pm”.
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COUNCIL DECISION
Motion Moved: Clr Hadchiti 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. |
ITEM NO: IHAP 02
FILE NO: 072391.2014
SUBJECT: Demolition of two dwellings,multi-dwelling housing development, community title subdivision at 13 & 15 Continua Court, Wattle Grove
RECOMMENDATION
That Council:
1. Approves Development Application No. DA-548/2013 for the demolition of two residential dwellings, the construction of five two storey multi-dwelling townhouses and Community Title subdivision at No.13 and 15 Continua Court, Wattle Grove (Lots 34 and 35, DP 808387), subject to the recommended conditions of consent as contained within attachment 3.
2. Notifies the persons who made a submission with regard to the proposed development in writing of Council’s decision.
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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. |
ITEM NO: IHAP 03
FILE NO: 073057.2014
SUBJECT: Alterations and additions to the existing dwelling, a carport and two lot Torrens title subdivision at 29 Templeton Crescent, Moorebank
RECOMMENDATION
That Council:
1. Approves DA-1314/2013 for the alterations and additions to the existing dwelling and the construction of a carport and two lot Torrens title subdivision at 29 Templeton Crescent, Moorebank (Lot 78 DP 224165).
2. The persons who made a submission with regard to the proposed development be notified in writing of Council’s decision.
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COUNCIL DECISION
Motion Moved: Clr Shelton 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. |
ITEM NO: IHAP 04
FILE NO: 075813.2014
SUBJECT: Torrens title subdivision at 31 Dale Avenue, Liverpool (Cnr Dale Avenue and St Pauls Crescent)
RECOMMENDATION
That Council approve Development Application DA-1111/2013, subject to the recommended conditions attached to the Council officer’s IHAP Report and as modified by IHAP and the Council officer as follows:
12. The final plan of subdivision must be supported by an 88B instrument to the approval of Council. The 88B instrument shall properly reflect the requirements of the conditions of development consent, the plans forming part of the consent, and Councils standards, codes and policies. The 88B instrument shall include the following provisions:
Any dwelling to be granted consent on Lot 1 must incorporate the following design measures:
· With the exception of a garage used for parking a vehicle, the rear building line of any dwelling erected on the site shall be provided at a distance of no greater than 9.5 metres from the front boundary.
· Any dwelling erected on the site shall be provided at a distance of no greater than 0.9 metres from the north-western boundary.
· Any dwelling erected on the site shall be provided with a 3 metre wide splay at the south-western corner of the building, to address the streetscape.
Part 2 of the 88B instrument shall contain a provision that any easements, right of ways or covenants shall not be extinguished or altered without the written consent of Council.
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COUNCIL DECISION
Motion Moved: Clr Harle 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. |
ITEM NO: IHAP 05
FILE NO: 077982.2014
SUBJECT: Two lot Torrens title subdivision of proposed Lot 4003 created in DA-1964/2012 at 1962 Camden Valley Way, Edmondson Park
RECOMMENDATION
That Council approve Development Application DA-1457/2013 for a two lot Torrens title subdivision of proposed Lot 4003 approved in DA-1964/2012, subject to the recommended conditions attached to the Council officer’s IHAP report.
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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. |
ITEM NO: IHAP 06
FILE NO: 084713.2014
SUBJECT: Demolition, construction of three dwellings and Torrens title subdivision at 46-48 Verbena Avenue, Liverpool
RECOMMENDATION
That Council:
Approves Development Application DA-1107/2013 proposing the demolition of existing structures, the construction of three detached dwellings, and the creation of a Torrens title subdivision of three lots, at 46-48 Verbena Avenue, Casula, subject to the conditions of consent attached to the planning officer’s report. |
COUNCIL DECISION
Motion Moved: Clr Harle Seconded: Clr Hadid
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Ristevski Clr Shelton
Vote against: Clr Karnib Clr Stanley Clr Waller |
ITEM NO: IHAP 07
FILE NO: 090040.2014
SUBJECT: Construction of a nine storey mixed-use development comprising forty-six residential units and three retail tenancies; and basement car parking at 74-76 Castlereagh Street, Liverpool
RECOMMENDATION
That Council:
1. Approve Development Application No. DA-1087/2013 subject to the recommended conditions attached to the Council officer’s IHAP Report and modified as follows:
· Draft Condition 1(b) to be amended to include the Arborist Report as a document forming the Development Consent and requiring to be complied with.
· Draft Condition 2(b) to be deleted as it currently stipulates: The large English Oak tree located near the south-east corner of the site and which is outside the construction zone shall be retained and incorporated into the amended Landscape Plan.
· Draft
Condition 64 to be amended as follows: All
existing trees
2. Notify the persons who made a submission with regard to the proposed development of its decision.
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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. |
Business Excellence Report
ITEM NO: GMBE 01
FILE NO: 068386.2014
SUBJECT: Statutory Investment Report March 2014
RECOMMENDATION
That Council receives and notes this report.
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COUNCIL DECISION
Motion Moved: Clr Shelton Seconded: Clr Karnib
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: 068116.2014
SUBJECT: Use of Recreation and Open Space by For Profit Businesses and Schools
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.
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COUNCIL DECISION
Motion Moved: Mayor Mannoun Seconded: Clr Hadid
Council does not support charging schools user fee charges for use of parks and open space. Council refuses the recommendation and maintains the current fees and charges as is.
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Foreshadowed Motion Moved: Clr Stanley Seconded: Clr Karnib
That Council:
1. Place the new fees and charges for the use of recreation and open space by for-profit businesses and circuses/events 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.
On being put to the meting the motion (moved by Mayor Mannoun) was declared CARRIED.
Division called:
Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Ristevski
Vote against: Clr Harle Clr Karnib Clr Shelton Clr Stanley Clr Waller
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ITEM NO: GMCC 02
FILE NO: 076874.2014
SUBJECT: Quarterly Report on Compliments and Complaints
RECOMMENDATION
That Council receives and notes this report.
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COUNCIL DECISION
Motion Moved: Clr Waller Seconded: Clr Shelton
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED. |
Clr Harle retired from the meeting at 7.01pm.
The Acting Chief Executive Officer left the Chambers at 7.01pm.
ITEM NO: GMCC 03
FILE NO: 079720.2014
SUBJECT: Public Library Funding Campaign
RECOMMENDATION
That Council:
1. Make representation to the members for Liverpool, Macquarie Fields, Mulgoa and Camden in relation to the need for additional funding from the NSW State Government for the provision of public library services;
2. Send a letter to the Hon. George Souris, Minister for the Arts, calling upon the Government to implement the Reforming Public Library Funding submission of the Library Council of NSW in 2012 for the reform of the funding system for NSW public libraries;
3. Approve the distribution of NSW Public Library Associations campaign information, including petitions in Council libraries, Customer Service Centre, CPAC and information stalls at Council events;
4. Endorse Liverpool Library services to take a lead role in activating the campaign locally.
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COUNCIL DECISION
Motion Moved: Clr Waller Seconded: Clr Shelton
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED. |
The Acting Chief Executive Officer returned to the meeting at 7.03pm. |
ITEM NO: GMCC 04
FILE NO: 080180.2014
SUBJECT: Expression of Interest EOI2334 Naming Rights for Carnes Hill Leisure Centre
RECOMMENDATION That Council accept that no submissions were received for the shortlist of applicants for the purpose of naming sponsorship of the proposed Carnes Hills Leisure Centre in Liverpool.
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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. |
Economy and Engagement Report
ITEM NO: GMEE 01
FILE NO: 069088.2014
SUBJECT: Community Donations, Grants and Sponsorship
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:
2. Endorses the Financial Contribution Panel's recommendations for the provision of $100 under the Youth Donations Program as summarised in the table below:
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:
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:
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COUNCIL DECISION
Motion Moved: Clr Ristevski Seconded: Clr Waller
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:
2. Endorses the Financial Contribution Panel's recommendations for the provision of $100 under the Youth Donations Program as summarised in the table below:
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:
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:
5. In addition to Council’s endorsement of the above Financial Contribution Panel recommendations, Council also resolves that:
· Sanatan Satsang Sabha of NSW Inc application for a Deepawali Festival at Northumberland Street Car Park be granted $2,500 by Council.
· Pakistan Multicultural Services of Australia Inc for Ramadan Eid Bazar at Whitlam Centre be granted $2,500 by Council.
Council’s standard grant conditions to apply and funds be sourced from the Councillor Reserve.
On being put to the meeting the motion was declared CARRIED. |
Governance Report
ITEM NO: GMGO 01
FILE NO: 047979.2014
SUBJECT: Acquisition of Lot 9 DP 1168653 Merlin Street, Middleton Grange for Drainage and Open Space Purposes
RECOMMENDATION
That Council:
1. Approves the acquisition of Lot 9 DP 1168653 Merlin Street, Middleton Grange for the price and terms outlined in the confidential attachment;
2. Upon settlement of the acquisition, classifies Lot 9 DP 1168653 Merlin Street, Middleton Grange as Community Land;
3. Keeps confidential the attachment supplied under separate cover containing the acquisition price pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and
4. Authorises its delegated officer to execute any documents, under Power of Attorney necessary to give effect to this decision.
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COUNCIL DECISION
Motion Moved: Clr Shelton Seconded: Clr Karnib
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED. |
ITEM NO: GMGO 02
FILE NO: 062636.2014
SUBJECT: Proposed closure and transfer of a temporary road, Lot 12 DP 1168716, off Flynn Avenue, Middleton Grange to the original subdivider
RECOMMENDATION
That Council:
1. Agrees to the closure of the temporary road located over Lot 12 DP 1168716, off Flynn Avenue, Middleton Grange;
2. Upon closure of the temporary road, transfers Lot 12 DP 1168716, off Flynn Avenue, Middleton Grange, back to the original subdivider being Mr and Mrs Defilippis; and
3. Authorises its delegated officer to execute any documents, under Power of Attorney necessary to give effect to this decision.
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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. |
ITEM NO: GMGO 03
FILE NO: 065657.2014
SUBJECT: Review of the Code of Meeting Practice
RECOMMENDATION
That Council:
1. Receives and notes this report.
2. Acknowledges the submission received.
3. Proceeds with the proposed amendments as advertised.
4. Notes the minor procedural amendments pursuant to clause 75 of the Code.
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COUNCIL DECISION
Motion Moved: Clr Ristevski Seconded: Clr Balloot
That Council receives and notes the report.
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Foreshadowed Motion Moved: Clr Waller Seconded: Clr Shelton
That the recommendation be adopted.
On being put to the meeting the motion (moved by Clr Ristevski) was declared CARRIED.
Division called:
Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Ristevski
Vote against: Clr Karnib Clr Shelton Clr Stanley Clr Waller
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INFRASTRUCTURE AND ENVIRONMENT REPORT
ITEM NO: |
GMIE 01 |
FILE NO: |
074948.2014 |
SUBJECT: |
Contract WT2292 - Public Lighting Works at Bernera and Kurrajong Roads, Prestons
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RECOMMENDATION
That Council defer this Item to the next Council meeting.
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COUNCIL DECISION
Motion Moved: Mayor Mannoun Seconded: Clr Balloot
That Council note the Acting Chief Executive Officers recommendation for deferral of this item and agree to defer it to the next Council meeting.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
Note, Clr Harle had retired from the meeting at this stage, so was not in the Chambers when this matter was voted on. |
ITEM NO: |
GMIE 02 |
FILE NO: |
079606.2014 |
SUBJECT: |
Tender WT2273 - Construction of Culvert at Creek Crossing, Pacific Palms Circuit, Hoxton Park
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RECOMMENDATION
That Council defer this Item to the next Council meeting.
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COUNCIL DECISION
Motion Moved: Mayor Mannoun Seconded: Clr Balloot
That Council note the Acting Chief Executive Officers recommendation for deferral of this Item and agree to defer it to the next council meeting.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
Note, Clr Harle had retired from the meeting at this stage, so was not in the Chambers when this matter was voted on.
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Planning and Growth Report
Clr Balloot left the Chambers at 7:10PM.
ITEM NO: GMPG 01
FILE NO: 057678.2014
SUBJECT: Amendments to the Liverpool Bush Fire Prone Land Mapping 2014
RECOMMENDATION
That Council:
1. Resolves to forward the amended Bush Fire Prone Land Map to the State NSW Rural Fire Service for certification.
2. Upon certification of the new Bushfire Prone Land Map, updates the Section 149 Certificate conditions for the relevant properties.
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COUNCIL DECISION
Motion Moved: Clr Waller Seconded: Clr Hadchiti
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
Note, Clr Balloot was not in the Chambers when this matter was voted on.
Note, Clr Harle had retired from the meeting at this stage, so was not in the Chambers when this matter was voted on.
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Clr Balloot returned to the Chambers at 7.13pm.
ITEM NO: GMPG 02
FILE NO: 060624.2014
SUBJECT: Draft Amendment 15 to the Liverpool Development Control Plan 2008
RECOMMENDATION
That Council:
1. Resolves to prepare and publically exhibit an amendment to Liverpool Development Control Plan 2008 in accordance with Section 74C of the Environmental Planning and Assessment Act 1979.
2. Receives a future report considering the comments received during public exhibition.
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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 Harle had retired from the meeting at this stage, so was not in the Chambers when this matter was voted on.
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ITEM NO: GMPG 03
FILE NO: 064135.2014
SUBJECT: Draft Amendment 34 to LEP 2008 - Rezoning of 501 Cowpasture Road Len Waters Estate and adjacent crown road reserve from IN2 to B6
RECOMMENDATION
That Council:
1. Proceeds with the making of Draft Amendment No 34 to Liverpool Local Environmental Plan 2008 to rezone Lot 29 DP 1044841 and the adjacent unformed road from IN2 Light Industrial to B6 Enterprise Corridor.
2. Forward the updated Planning Proposal to NSW Planning and Infrastructure and Parliamentary Counsel requesting making of the amendment.
3. Enters into the amended planning agreement between Liverpool City Council and Amarino Pty Ltd and delegates to the Chief Executive Officer the function of signing the agreement.
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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 Harle had retired from the meeting at this stage, so was not in the Chambers hen this matter was voted on. |
Mayor Mannoun left the Chambers at 7.17pm.
The Deputy Mayor, Clr Hadid took the Chair.
Mayor Mannoun returned to the Chambers at 7.18pm.
ITEM NO: GMPG 04
FILE NO: 064963.2014
SUBJECT: DCP Amendment 16 - Solar Panel Clause
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.
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COUNCIL DECISION
Motion Moved: Clr Stanley Seconded: Clr Shelton
That the recommendation be adopted.
Foreshadowed Motion Moved: Clr Hadchiti Seconded: Clr Hadid
That Council receive and note the report.
On being put to the meeting the motion (moved by Clr Stanley) was declared LOST.
Vote for: Clr Karnib Clr Shelton Clr Stanley Clr Waller
Vote against: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Ristevski
The Foreshadowed Motion (moved by Clr Hadchiti) then became the motion and on being put to the meeting was declared CARRIED.
Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Ristevski
Vote against: Clr Karnib Clr Shelton Clr Stanley Clr Waller
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ITEM NO: GMPG 05
FILE NO: 075842.2014
SUBJECT: Changes to the Independent Hearing and Assessment Panel Charter and Procedure
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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COUNCIL DECISION
Motion Moved: Clr Shelton Seconded: Clr Stanley
That the report be deferred to allow officers to undertake further consultation with the members of Council’s Independent Hearing and Assessment Panel and Councillors. A revised report will be provided to the June Council meeting.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
Note, Clr Harle had retired from the meeting at this stage, so was not in the Chambers when this matter was voted on. |
Committee Reports
ITEM NO: CTTE 01
FILE NO: 047870.2014
SUBJECT: Minutes of the Aboriginal Consultative Committee Meeting held on 5 March 2014
RECOMMENDATION
1. The Minutes of the Aboriginal Consultative Committee Meeting held on 5 March 2014 are attached for the information of Council.
2. The Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.
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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: CTTE 02
FILE NO: 034632.2014
SUBJECT: Warwick Farm Steering Committee Minutes of Meeting from 4 March 2014
RECOMMENDATION
That Council receives and notes the Minutes of the Warwick Farm Steering Committee Meeting held on 4 March 2014.
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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: CTTE 03
FILE NO: 058095.2014
SUBJECT: Minutes of Liverpool Youth Council meeting held on 4 March 2014
RECOMMENDATION
That Council:
1. Receives and notes the Minutes of the Liverpool Youth Council Meeting held on Tuesday 4 March 2014.
2. Supports the recommendation to amend the Liverpool Youth Council Charter to allow a recruitment eligibility list.
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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: CTTE 04
FILE NO: 063994.2014
SUBJECT: Minutes of the Liverpool Access Committee 13 March 2014
RECOMMENDATION
That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on 13 March 2014.
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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: CTTE 05
FILE NO: 064514.2014
SUBJECT: Minutes of the Budget and Finance Committee
RECOMMENDATION
That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 2 April 2014.
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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: CTTE 06
FILE NO: 066452.2014
SUBJECT: No Intermodal Committee Meeting Minutes of 4 March 2014 and 1 April 2014
RECOMMENDATION
That Council:
1. Receives and notes the Minutes of the No Intermodal Committee Meeting held on 4 March 2014.
2. Receives and notes the Minutes of the No Intermodal Committee Meeting held on 1 April 2014.
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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: CTTE 07
FILE NO: 072526.2014
SUBJECT: Street Naming Committee Meeting Minutes - 1 April 2014
RECOMMENDATION
That Council: 1. Notes the Minutes of the Street Naming Committee meeting held on 1 April 2014 2. Supports the recommendation to not rename Gellibrand Road, Edmondson Park due to the implications it will present. 3. Erects additional signs for Tepper Park, Killinger Tannery and Charles Throsby Park. |
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: CTTE 08
FILE NO: 072544.2014
SUBJECT: Heritage Advisory Committee Minutes 1 April 2014
RECOMMENDATION
That Council notes the Minutes of the Heritage Advisory Committee meeting held on 1 April 2014.
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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: CTTE 09
FILE NO: 073647.2014
SUBJECT: Minutes of Economic Development Committee meeting held 2 April 2014
RECOMMENDATION
That Council:
1. Receives and notes the Minutes of the Economic Development Committee Meeting held on 2 April 2014.
2. Notes that the Committee provided in principle support for the location of Bigge Park southern edge as the preferred location for the potential development of an iconic community facility.
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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: CTTE 10
FILE NO: 073711.2014
SUBJECT: Minutes of Tourism and Events Committee meeting held 2 April 2014
RECOMMENDATION
That Council receives and notes the Minutes of the Tourism and Events Committee Meeting held on 2 April 2014.
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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: CTTE 11
FILE NO: 073717.2014
SUBJECT: Local Traffic Committee Minutes of Meeting Held on 19 March 2014
RECOMMENDATION
That Council:
1. Receives and notes the Minutes of the Local Traffic Committee Meeting held on 19 March 2014.
2. Adopts the following recommendations of the Local Traffic Committee meeting:
Item 1 Australis Avenue, Wattle Grove – Proposed Traffic Calming Devices
i. Approves installation of speed cushions on Australis Avenue at the following locations: · Southbound - No. 28 Elata Court and No. 2 Banksia Place · Northbound - No. 23 Baileyana Court and No. 2 Ancura Court ii. Approves installation of edge lines (1300 metres), 3.2 metres from the centre along both sides of Australis Avenue between Village Way and Wattle Grove Drive. iii. Advises stakeholders including the local bus company of Council’s decision. Item 2 Bardia Parade, Holsworthy – Proposed Raised Platform Pedestrian Crossing
i. Approves installation of a raised platform at the existing pedestrian crossing on Bardia Parade, Holsworthy. ii. Advises stakeholders of Council’s decision. Item 3 Christiansen Boulevarde, Moorebank – Proposed Traffic Calming Devices
i. Does not support the installation of the proposed rubber speed cushions on Christiansen Boulevarde at this stage. ii. Monitors traffic conditions along Christiansen Boulevarde. iii. Requests the Police to continue its patrol and speed enforcement along the street when resources permit. iv. Advises all stakeholders of its decision. Item 4 Ernest Avenue, Chipping Norton – Proposed Pedestrian Refuge
i. Approves a pedestrian refuge in Ernest Avenue at its intersection with Barry Road. Item 5 Village Way, Wattle Grove – Proposed Upgrade to Existing Access Arrangement to the Wattle Grove Shopping Centre
i. Approves extension of the existing median island and associated pavement markings on Village Way in front of the Wattle Grove Shopping Centre as per the attached revised scheme in the minutes, subject to consultation with the Centre Management on the turning path of the longest vehicle servicing the development. ii. Advises all stakeholders of Council’s decision. Late Item Item 6 Macquarie Street, Liverpool – Special Event Night Markets
i. Approves the “Liverpool Night Markets” event as a Class 2 special event. ii. Submits the required Traffic Management and associated Traffic Control Plans to the Roads and Maritime Services (RMS) for concurrence. iii. Undertakes temporary road closures on 3 May 2014 and on subsequent events.
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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: CTTE 12
FILE NO: 073886.2014
SUBJECT: Minutes of Liverpool City Centre Revitalisation Committee meeting held 2 April 2014
RECOMMENDATION
That Council:
1. Receives and notes the Minutes of the Liverpool City Centre Revitalisation Committee Meeting held on 2 April 2014.
2. Approve funds of up to $10,000 from the Town Improvement Fund engaging a consulting engineer to ensure Council derives value for money from the project specifications for City Centre Revitalisation projects.
3. Approve funds of up to $45,000 for the communications activities planned for the Building Our New City project as recommended by Straight Talk, subject to the availability of funds within the Town Improvement Fund.
4. Notes that the Committee provided in principle support for the location of Bigge Park southern edge as the preferred location for the potential development of an iconic community facility.
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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: |
CTTE 13 |
FILE NO: |
079565.2014 |
SUBJECT: |
Master Planning Steering Committee Minutes - 19 March 2014 |
RECOMMENDATION
That Council:
1. Receives and notes the Minutes of the Master Planning Steering Committee Meeting held on 19 March 2014;
2. Adopts the recommendation put forward in the confidential report provided under separate cover; and
3. Keeps confidential the minutes supplied under separate cover containing information pursuant to the provisions of s10A(2)(c) of the Local Government Act 1993 as it contains information that would if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.
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COUNCIL DECISION
Motion Moved: Clr Stanley Seconded: Clr Waller
That Council:
1. That a report be submitted to the May Ordinary meeting in relation to establishing a charter for the Master Planning Steering Committee Meeting.
2. That the minutes of the Master Planning Steering Committee Meeting held on 19 March 2014 be submitted to the Extraordinary meeting of Council on 7 May 2014.
On being put to the meeting the motion was declared CARRIED. |
ITEM NO: CTTE 14
FILE NO: 081153.2014
SUBJECT: Liverpool Sports Committee Minutes of Meeting 28 November 2013
RECOMMENDATION
That Council receives and notes the minutes of the Liverpool City Sports Committee meeting held on 28 November 2013.
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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. |
Correspondence Reports
ITEM NO: CORR 01
FILE NO: 076497.2014
SUBJECT: Incoming and Outgoing Correspondence Report
RECOMMENDATION
That Council receives and notes the report.
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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. |
Questions with Notice
ITEM NO: QWN 01
FILE NO: 063524.2014
SUBJECT: Question with Notice - Clr Stanley
Please address the following:
Council Buildings:
1. Could I be provided with a list of all commercial properties owned by the Council (please do not included Community Centres, Libraries or parks etc).
List of Commercial Premises:
· 3 Moore Street, Liverpool
· 52 Scott Street, Liverpool
· 306 Macquarie Street, Liverpool – School of Arts
· 230 Northumberland St Liverpool – Four Shops in Car Park Arcade
2. Is Council the owner of old Liverpool Bowling Club?
Council does not own the Old Liverpool Bowling Club building. The building is owned by Crown Lands – NSW State Government. The building is located within Bigge Park and Council is the Reserve Trust Manager for Bigge Park.
3. Is this building currently leased?
It is currently leased to the Salvation Army as temporary premises until their building in Bathurst Street is repaired following the fire.
4. What are Council's plans for this building?
There are no current plans for the building. Council is waiting the completion of the City Centre Revitalisation Plan – Bigge Park/Health and Medical Precinct to be completed which will provide recommendations for the use of the Old Liverpool Bowling Club building.
5. Is 48-50 Scott Street currently fully leased?
There are three retail shops that are vacant in 52 Scott Street, Liverpool. The balances of the premises are leased
6. Has there been a time since Council purchased this building that all the space has been leased?
The three retail shops have been vacant since Council acquired the property.
7. If so, when?
See the answer in item six.
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ITEM NO: QWN 02
FILE NO: 076373.2014
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. No structural improvements have been erected on the subject land in the past 36 months. In terms of works that have been carried out on this site, these predominantly include the cleaning of gutters, grounds and unblocking of gutters and storm water pipes.
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). A heritage architect has been engaged to prepare a scope of works for the former Court House building. The purpose of these works are to resolve drainage and damage caused by drainage issues, to bring the building into compliance with the Building Code of Australia and to bring the building into a state where it could be leased on the open market and provide a rental income to Council. Proposed works include:
· Replacing existing stormwater pipework with new PVC drainage pipework;
· Removal of a Jacaranda Tree;
· Replacing a damaged timber window;
· Installation of four additional downpipes;
· Removal and replacement of the existing wooden accessible ramp with a metal ramp;
· Widening of the front door to comply with the Building Code of Australia;
· Installation of a modular accessible toilet block.
It is envisaged that the abovementioned works will commence in approximately 3 months
3. Please particularise Council's future plans as they currently stand for this site and the improvements erected thereon.
Council’s objectives are to undertake the required repairs and to bring the building into compliance with the Building Code of Australia so that the property could be leased on the open market and return an income to Council.
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ITEM NO: QWN 03
FILE NO: 076395.2014
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?
A response to a similar question was provided to Councillors in a memo dated 8 April 2014, as a ‘Question Taken On Notice’ from the March 2014 Ordinary Meeting.
Below is the response, as provided in the memo dated 8 April 2014:
The first people to occupy the area were probably members of the Darug Tribe. Little is known of these first people and difficult to be sure of their clan. The Gandangara people believe their ancestors would have passed through the area also.
James Badgery was the first European in the area, he was educated and a good farmer but had few assets. He came to New South Wales at the end of 1799 and initially leased acreage along the Hawkesbury but with a growing family this was not providing enough. He then applied to Captain William Paterson for land and was granted a total of 840 acres along South Creek (c1809) this was later reduced by Governor Macquarie to 640 acres. He named his property Exeter Farm and the creek running through it was called Badgerys Creek, this name eventually referred to the whole area. This land lies on the Penrith side of Elizabeth Drive. James continued buying other properties on what is the southern side of Elizabeth Drive which were subdivided in the 1880s and were known as Exeter Farms subdivision. James is buried in Pioneers’ Memorial Park with other family members.
Council’s website provides a Council fact sheet on the history of Badgerys Creek suburb:
http://www.liverpool.nsw.gov.au/__data/assets/pdf_file/0011/5204/Badgerys-Creek-Fact-Sheet.pdf
2. Has there been a response to the possible provision of noise walls at Casula, as discussed at the Elected Leaders forum?
At the Elected Leaders Forum on 19 February 2014, discussions were held between residents for noise walls to be installed along sections of the Cumberland, Airport, Inner West and Southern Sydney Freight railway lines and the M5.
The Hon. Stuart Ayers, Member for Penrith, Minister for Fair Trading and Minister Assisting the Premier on Western Sydney, offered to look at the issue and provide a response and asked the resident at the Forum to leave their contact details. Whilst every attempt was made by staff to obtain the contact details of the resident at the conclusion of the Forum, we did not manage to identify him. Council staff are following up the matter with The Hon. Stuart Ayres for a response to the issue. Noise Walls along the Rail Lines, Casula The Cumberland, Airport, Inner West and South Railway lines are owned and operated by Sydney Trains (as part of Transport for NSW). Southern Sydney Freight Line (SSFL) was constructed by the Australian Rail Track Corporation Ltd (ARTC) as part of its National Interstate Rail Network. The SSFL is part of improvement works to increase efficiency and cost-effectiveness of rail freight services along the North-South Rail Corridor between Melbourne, Sydney and Brisbane. It commenced operations in January 2013. The project was assessed and approved under the NSW Environmental Planning and Assessment Act Part 3A assessment regime in 2006, subject to 76 conditions of approvals and 104 statements of commitment. In submissions to the environmental assessment of the SSFL, Council and WSROC on behalf of the Western Sydney Councils, raised concerns about the possible impacts of the project including the need for noise control and barriers. In their review of the submissions, ARTC outlined that based on the findings of acoustic modelling, a noise wall would be required along a section close to the Casula Powerhouse but not along other sections through Casula. The noise wall close to the Casula Powerhouse has been constructed. The consent conditions required an Operational Environmental Management Plan (OEMP) be prepared at least four weeks prior to the commencement of operation or as otherwise agreed to by the Director-General.
The OEMP is to incorporate the Operational requirements detailed in the Conditions of Approval and Statement of Committee and include a monitoring and review program which contains (but is not limited to):
· An Operation Noise and Vibration Management Plan; and
· An Operation Air Quality Management Plan.
Prior to the operation of the freight line, ARTC advised Council that as part of its operational management plan, noise monitoring will be carried out at a number of locations along the freeway including a section in Casula. Council is yet to be advised regarding the outcome of the noise monitoring. Noise Walls along the M5 Motorway, Casula The section of the M5 motorway through Casula is part of the M5 South West Motorway. The section of the motorway between King Georges Road, Beverly Hills and Camden Valley Way, Prestons is currently being widened from two to three lanes in each direction. The road widening is to improve traffic efficiency and reduce travel time for motorists using the motorway and surrounding roads and to support planned residential and employment growth in South West Sydney. Similar to the freight line, the road widening was approved under Part 3A of the Environmental Planning and Assessment Act, 1979. It is subject to Conditions of Approval including noise mitigation measures during construction and operation. The noise mitigation measures include installation of noise walls, pavement treatment, urban design and landscaping and advisory signage. The Roads and Maritime Services (RMS) has advised that as part of the project, 18 kilometres of new and improved noise walls will be constructed to help reduce traffic noise. The need for additional noise mitigation measures along section of the M5 Motorway, and Rail Lines, Casula From the concern raised at the Elected Leaders Forum and other concerns received by Council, a number of Casula residents have requested additional noise mitigation measures. To pursue the issue further, Council will be writing to the Hon. Stuart Ayers, the Minister Assisting the Premier on Western Sydney for an update on his commitment to respond to the request for additional noise walls along sections of the M5 South West Motorway and Cumberland, Airport, Inner West and Southern Sydney Freight Line Railway lines through Casula.
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ITEM NO: QWN 04
FILE NO: 087931.2014
SUBJECT: Question with Notice - Clr Shelton
Please address the following:
During the ordinary council meeting of 26 June 2013 a resolution to the following effect was passed.
That Council:
1. Adopts the Growing Liverpool 2023 Community Strategic Plan, Delivery Program 2013-2017 Operational Plan 2013-2014 with the changes outlined in this report.
2. ...
3. Places on public exhibition for 28 days the fees and charges for community and recreational facilities
a. ...
b. Amended fees and charges as presented. Notifies affected food premises in writing in the Mayor's name of the new reduced fees and charges.
Please advise the revenue that has to date been lost to Council if it were assumed these particular fees and charges had remained unaltered and not 'reduced' and notified 'in writing in the Mayor's name'.
A response to this question will be included in the May business paper.
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Presentations by Councillors
THE MEETING CLOSED AT 7:33pm
<Signature>
Name: Ned Mannoun
Title: Mayor
Date: 28 May 2014
I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 30 April 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.
66
MINUTES OF THE Extraordinary Meeting
HELD ON 7 May 2014
PRESENT:
Mayor Ned Mannoun
Councillor Balloot
Councillor Hadchiti
Councillor Harle
Councillor Karnib
Councillor Mamone
Councillor Ristevski
Councillor Shelton
Mr Rob Noble, Acting 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
.
OPENING 6.04pm
PRAYER The prayer of the Council was read by Council’s Service Manager Council and Executive Services, George Georgakis.
APOLOGIES Deputy Mayor Hadid, Councillors Stanley and Waller.
CONDOLENCES Nil
Minutes of the Ordinary Council Meeting held on Wednesday, 30 April
2014 and confirmed on Wednesday, 28 May 2014 ……………………………………. Chairperson
Declarations
of Interest Nil
Strategy and Executive
Report
ITEM NO: GMSE 01
FILE NO: 080659.2014
SUBJECT: Draft 2013-17 Delivery Program and 2014-15 Operational Plan and Budget
RECOMMENDATION
That Council:
1. Places the draft Delivery Program and Operational Plan including the draft 2014/15 Budget and Revenue Pricing Policy (Schedule of Fees and Charges) on public exhibition for a period of 28 days to allow for public comments and submissions.
2. Receives a further report after a review of public submissions at its meeting scheduled to be held on Wednesday 25 June 2014.
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COUNCIL DECISION
Motion Moved: Clr Harle Seconded: Clr Mamone
That this item be dealt with later at the meeting.
On being put to the meeting the motion was declared CARRIED. |
Infrastructure and Environment
Report
ITEM NO: GMIE 01
FILE NO: 074948.2014
SUBJECT: Contract WT2292 - Public lighting Works at Bernera and Kurrajong Roads, Prestons
RECOMMENDATION
That Council:
1. Adopts the recommendation put forward in the confidential report provided under separate cover.
2. Keeps confidential the details supplied under separate cover containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would if disclosed, prejudice the commercial position of the person who supplied it.
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COUNCIL DECISION
Motion Moved: Clr Hadchiti Seconded: Clr Shelton
That Council:
1. Accepts the Tender from Connect Infrastructure Pty Ltd for Tender WT2292 - Public Lighting Works at Bernera and Kurrajong Roads, Prestons for the GST inclusive price of $718,839.00.
2. Makes public its decision regarding WT2292 - Public Lighting Works at Bernera and Kurrajong Roads, Prestons.
3. Notes that the Executive Director will finalise all details and sign the letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.
4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10(A)(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion |
ITEM NO: GMIE 02
FILE NO: 079606.2014
SUBJECT: Tender WT2273 - Construction of Culvert at Creek Crossing, Pacific Palms Circuit, Hoxton Park
RECOMMENDATION
That Council:
1. Adopts the recommendation put forward in the confidential report provided under separate cover.
2. Keeps confidential the details supplied under separate cover containing information on the submissions received, pursuant to the provisions of Section10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would if disclosed, prejudice the commercial position of the person who supplied it.
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COUNCIL DECISION
Motion Moved: Clr Shelton Seconded: Clr Harle
That Council:
1. Accepts the Tender submission of Option 2 from Civil Construction Pty Ltd for WT2273 - Construction of Culvert at Creek Crossing, Pacific Palms Circuit, Hoxton Park for the GST inclusive price of $931,128.00. This quote was accepted on the basis of Liverpool City Council providing the culvert units to the successful contractor.
2. Accepts the quotation submitted by Malek Fahd Islamic School for the supply of culvert units at the GST inclusive price of $110,000.00.
3. Makes public its decision regarding WT2273 – Construction of Culvert at Creek Crossing, Pacific Palms Circuit, Hoxton Park.
4. Notes that the Executive Director will finalise all details and sign the Letter of Acceptance following publication of draft minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.
5. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
On being put to the meeting the motion was declared CARRIED.
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Vote for: Clr Balloot Clr Hadchiti Clr Harle Clr Karnib Clr Mamone Clr Ristevski Clr Shelton Vote against: Mayor Mannoun |
Committee Reports
ITEM NO: CTTE 01
FILE NO: 079565.2014
SUBJECT: Master Planning Steering Committee Minutes - 19 March 2014, 7 April 2014 and 28 April 2014
RECOMMENDATION
That Council:
1. Receives and notes the Minutes of the Master Planning Steering Committee Meeting held on 19 March 2014, 7 April 2014 and 28 April 2014;
2. Adopts the recommendation put forward in the confidential report provided under separate cover; and
3. Keeps confidential the minutes supplied under separate cover containing information pursuant to the provisions of s10A(2)(c) of the Local Government Act 1993 as it contains information that would if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.
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COUNCIL DECISION Motion Moved: Clr Hadchiti Seconded: Clr Balloot
That Council:
1. Receives and notes the Minutes of the Master Planning Steering Committee Meetings held on 19 March 2014, 7 April 2014 and 28 April 2014.
2. Keeps confidential the minutes attached minutes containing information pursuant to the provisions of s10A(2)(c) of the Local Government Act 1993 as it contains information that would if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.
On being put to the meeting the motion was declared CARRIED. |
ITEM NO: CTTE 02
FILE NO: 095453.2014
SUBJECT: Minutes of the Warwick Farm Racing Precinct Steering Committee Meeting held on 29 April 2014
RECOMMENDATION
That Council receives and notes the Minutes of the Warwick Farm Racing Precinct Steering Committee Meeting held on 29 April 2014.
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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. |
STRATEGY AND EXECUTIVE REPORT
ITEM NO: |
GMSE 01 |
FILE NO: |
080659.2014 |
SUBJECT: |
Draft 2013-17 Delivery Program and 2014-15 Operational Plan and Budget |
RECOMMENDATION
That Council:
1. Places the draft Delivery Program and Operational Plan including the draft 2014/15 Budget and Revenue Pricing Policy (Schedule of Fees and Charges) on public exhibition for a period of 28 days to allow for public comments and submissions.
2. Receives a further report after a review of public submissions at its meeting scheduled to be held on Wednesday 25 June 2014.
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COUNCIL DECISION
Motion Moved: Mayor Mannoun Seconded: Clr Hadchiti
That Council moves into Closed Session to discuss confidential personnel matters relating to the 2014/15 Delivery Program, Operational Plan and Budget; in accordance with Section (10)A(2)(a) of the Local Government Act 1993.
On being put to the meeting the motion was declared CARRIED.
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Council moved into Closed Session at 6.17pm.
Clr Hadchiti left the Chambers at 6.58pm.
Clr Hadchiti returned to the meeting at 7.03pm.
Open Council resumed at 7.12pm.
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Motion Moved: Mayor Mannoun Seconded: Clr Mamone
That Council:
1. Adopts an amended organisational structure that includes a Chief Executive Officer, two Executive Directors and seven Group Managers in accordance with Section 333 of the Local Government Act 1993.
2. Notes the termination of contract of the senior staff position of Group Manager Strategy and Executive with the last day of duty being 1 July 2014, in accordance with clauses 10.3.5 and 11.3 of the Contract of Employment.
3. Allocates a total of $257,500 in related salary savings to:
· An additional sum of $35,000 to enable the development of a Council Tourism Policy, and · An amount of $222,500 to enable additional maintenance services for the City to be delivered through the City Presentation Group.
4. Amends, in accordance with 1, 2 and 3 above and the following additional changes below, the draft Delivery Program, Operational Plan and Budget 2014/15, including the Revenue Pricing Policy (Schedule of Fees and Charges), ; and places the draft on public exhibition for a period of 28 days to allow for public comments and submissions: · Amend Operational Plan Action number 3.2.8 on page 56 of the Draft Delivery Program and Operational Plan to:
Delete: ‘Concrete Floor Turbine at CPAC’ and replace it with ‘Upgrade cafeteria and catering facilities at CPAC.’ Budget allocation of $75,000 remains unchanged.
· Amend the Draft Delivery Program and Operational Plan, page 72, ‘Shade structures in Children’s Playgrounds’ to:
Add: ‘$50 000 for additional shade structures over existing playgrounds as determined after consultation with Councillors. Funds sourced from the Councillor Reserve.’
· Amend the description of a ‘Cultural Policy and Plan’ in page 81 of the Draft Delivery Program and Operational Plan to a ‘Cultural and Arts Tourism Policy’. 5. Receives a further report after a review of public submissions at its meeting scheduled to be held on Wednesday 25 June 2014.
On being put to the meeting the motion was declared CARRIED. Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Mamone Clr Ristevski
Vote against: Clr Harle Clr Karnib Clr Shelton |
tHE MEETING CLOSED AT 7.26PM
<Signature>
Name: Ned Mannoun
Title: Mayor
Date: 28 May 2014
I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 7 May 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.
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Ordinary Meeting 28 May 2014
Notices of Motion
NOM 01 |
Establishing an additional Sister City |
Strategic Direction |
Vibrant Prosperous City Position Liverpool as the destination of choice to attract business and investment in South Western Sydney |
Key Policy |
Marketing and Promotion Strategy |
File Ref |
110061.2014 |
Author |
Gus Balloot - Councillor |
Background
“Vibrant Prosperous City” is one of the Strategic Directions set out in Liverpool 2023, which aims to position Liverpool as the destination of choice to attract business and investment in South Western Sydney.
According to the “Australia’s trade and investment with the G20 2013”, published by the Trade Advocacy and Statistics Section, Department of Foreign Affairs and Trade, in December 2013, China was Australia’s largest two-way goods and services trading partner in the G20 in 2012, accounting for 29.8 per cent ($125.1 billion) of Australia’s total trade with the G20. China was both Australia’s largest export market and import source within the G20, accounting for 35.6 per cent ($78.7 billion) of total exports to the G20, and 23.4 per cent ($46.3 billion) of total imports from the G20. (The statistics for 2013 are not yet available.)
Given the recent Federal Government approval for a new airport at Badgerys Creek and the continuing population growth and commercial development occurring within the Liverpool LGA, Liverpool has the opportunity to tap into the growing goods and services trade with China. One means for Liverpool to tap into this growing trade relationship is to establish a sister city relationship with a dynamic Chinese city.
One such Chinese city is Hangzou, capital of Zheijang province, which lies about 180 kilometres southwest of Shanghai and is located on the Yangtze River Delta. Hangzou is an industrial city with many diverse sectors including textiles, medicine, information technology, heavy equipment, automotive components, household electrical appliances, electronics, telecommunication, fine chemicals, chemical fibre, agriculture and food processing. It is also an important manufacturing base and logistics hub for coastal China. Hangzhou also possesses good transportation links, including an international airport with flights available to Sydney via Hong Kong, Guangzhou and Seoul.
In recognition to the importance of trade activity initiatives China is hosting its 8th APEC Small and Medium Enterprise Technology Conference (APEC SMETC) in June 19th to 22th in Yiwu and Beijing, China.
By attending APEC TRADE MISSION TO CHINA 2014 delegates will be able to participate in:
· APEC SME Technology Conference;
· Forums and on-the-spot activities;
· APEC SME Technology Innovation Award;
· Attend official receptions with leaders from the provincial governments;
· Visit businesses and Meet with representatives of national Associations and Enterprises;
· Promote Australian companies, products and projects;
· Familiarize themselves with the fast growing Chinese markets;
· Meet and network with potential Chinese investors;
· Build up relationships with more than a thousand SMEs for a future cooperation; and
· Create a new import-export network.
During the 2012 Expo these events featured MPs from New South Wales, representatives from the Auckland City Council, and a Chinese investment promotion agency.
I will be attending in my personal capacity at this Summit and would like to advocate and promote Liverpool as the growth and regional hub in South West Sydney whilst there.
It is an ideal opportunity to raise Liverpool’s profile in a positive and investment environment and building a lasting relationship between key stakeholders.
That Council:
1. Investigate the possibility of establishing a Sister City relationship with Hangzhou China.
2. Endorse Clr Balloot’s self-funded attendance at the APEC SMETC to promote Liverpool in that forum.
3. Provide marketing merchandise to hand out at the conference.
4. Considers reimbursement of:
a. freight charges for the promotional materials from Australia and back if required, b. internal flights between Jiangxi to Beijing and Beijing to Hangzhou, c. accommodation between those cities.
|
ACTING CHIEF EXECUTIVE OFFICER’S COMMENT
Council has an active sister city relationship with Toda City in Japan. The Toda program primarily fosters harmony and promotes a deeper understanding of other cultures and countries. Delegations from Toda City visit Liverpool approximately twice per year and an annual student exchange program was in operation until 2011. Council last sent a delegation to Toda in 2010. Visits to Toda were postponed at that time due to sensitivities surrounding health and long term effects as a result of local disasters. Funding of $6,000 for the sister city program is proposed in the draft 2014/15 budget.
A review of records indicates that Council also has a sister city relationship with Calabria, Italy; Liverpool, United Kingdom; Liverpool, New York; and in Australia, with Narromine Shire Council. These sister city relationships are currently inactive.
There is no doubt that Asian markets such as China provide good prospects to attract trade and investment to locations such as Liverpool. I have asked Council staff to put together a presentation for an upcoming Councillor briefing that talks about the options to leverage these opportunities that range from tapping in to NSW and Commonwealth Government trade missions, incoming investment opportunities, current education institution links to sister city style arrangements.
For example the NSW Government has a longstanding sister state relationship with Guangdong Province. The local TAFE South West Institute has some good student and business links that will also provide a good platform.
I have also asked for some of our Liverpool business promotion material to be translated in to Chinese to recognise current opportunities. An important part of the homework that needs to be done is the current links that Liverpool based businesses have to overseas trade and investment opportunities so that success can be built upon.
In regards to overseas travel, Section 8(b) of the Payment of Expenses and Provision of Facilities to Mayor and Councillor Policy adopted by Council in October 2013, states that:
Councillors should avoid international visits unless direct and tangible benefits can be established for the Council and the local community.
Overseas travel must be approved by a meeting of the full Council prior to a Councillor undertaking a trip. Travel must be approved on an individual trip basis. Council will not allow the retrospective reimbursement of overseas travel expenses unless prior authorisation of the travel has been obtained. Travel proposals shall be included in the Council business papers.
After returning from overseas Councillors, must provide a detailed written account to Council on the aspects of the trip relevant to Council business and/or the local community.
Details of overseas travel must also be included in the Council’s Annual Report.
CONSIDERATIONS
Economic and Financial |
Facilitate economic development. |
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
Encourage the community to engage in Council initiatives and actions. |
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Ordinary Meeting 28 May 2014
Notices of Motion
NOM 02 |
Changes to Racial Discrimination Act (18C) |
Strategic Direction |
Healthy Inclusive City Celebrate and respect Liverpool’s rich cultural and social diversity and embrace the opportunities it provides |
Key Policy |
Multicultural Action Plan |
File Ref |
111429.2014 |
Author |
Anne Stanley - Councillor |
Background
Liverpool is a harmonious multicultural community boasting residents from nearly all cultural groups in the world. Over 130 different languages are spoken by our residents. Recently, the Federal Government signaled its intention to repeal section 18C of the Racial Discrimination Act. The Federal Attorney-General, has released a draft of amendments to the Racial Discrimination Act. The proposed changes will water down the key provisions of the Act in a way which may render the law ineffective.
As leaders in our community, it is important that we voice our concerns about the possible ramifications of these changes. The Racial Discrimination Act was enacted in 1975 in a show of bipartisanship; its objective was to protect the community from hate speech and from racial, religious and cultural intolerance. It has been considered good law for almost four decades. Many politicians from all sides of government have already spoken out against any changes to the Act.
That Council:
1. Understands the fundamental importance of section 18C of the Racial Discrimination Act 1975 to our community.
2. Recognises that section 18C provides protection to individuals from offensive behaviour because of race, colour, national or ethnic origin.
3. Writes to all local members of State and Federal Parliament detailing the Council's motion and seeking their support when they are considering changes to the Racial Discrimination Act.
4. Writes to the Federal Attorney General requesting he withdraw the Draft Exposure Amendment to the Racial Discrimination Act and detailing the motion passed by Council. |
CHIEF EXECUTIVE OFFICER’S COMMENT
SUMMARY OF REPRESENATIONS MADE BY PEAK BODIES
The NSW Law Society, Human Rights and Indigenous Issues Committees have made representations advocating against the changes and their detailed submissions are located at the following address:
http://www.lawsociety.com.au/cs/groups/public/documents/internetpolicysubmissions/675065.pdf
The Australian Human Right Commission has commentary on its website relating to these proposed changes that note:
“Section 18C of the Racial Discrimination Act (currently) makes it unlawful for someone to do an act that is reasonably likely to “offend, insult, humiliate or intimidate” someone because of their race or ethnicity.
…Australia has obligations to implement protections against racial hatred under the International Covenant on Civil and Political Rights (ICCPR) and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).
Sections 18C … were introduced in response to recommendations of major inquiries including the National Inquiry into Racist Violence and the Royal Commission into Aboriginal Deaths in Custody.
Balancing freedom of speech and freedom from racial vilification.
The courts have consistently interpreted sections 18C … as maintaining a balance between freedom of speech and freedom from racial vilification. The courts have held that for conduct to be covered by section 18C, the conduct must involve “profound and serious” effects, not “mere slights”. The courts have also found that section 18C is an appropriate measure to implement Australia’s obligations to prohibit racial hatred under the ICCPR and ICERD.
While many laws restrict freedom of speech, such as laws applying to defamation, advertising and national security, section 18C fills an important gap in legal protections for those affected by racial hatred and vilification.”
CONSIDERATIONS
Economic and Financial |
There are no economic and financial considerations. |
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
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Ordinary Meeting 28 May 2014
Notices of Motion
NOM 03 |
Fire Safety Certifications / Inspections |
Strategic Direction |
Liveable Safe City Improve the community’s sense of safety in Liverpool |
Key Policy |
Urban Development Plans |
File Ref |
111453.2014 |
Author |
Geoff Shelton - Councillor |
Background
Refer Confidential Business Papers.
That Council pursuant to s.10A(2)(g) of the Local Government Act, 1993 moves into closed session to consider the notice of motion forwarded in the confidential papers.
|
CHIEF EXECUTIVE OFFICER’S COMMENT
Refer Confidential Business Papers.
CONSIDERATIONS
Economic and Financial |
There are no economic and financial considerations. |
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
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Ordinary Meeting 28 May 2014
Independent Hearing and Assessment Panel Report
IHAP 01 |
DA 1112/2013 - Alterations and fitout of Shop 7 at 42-48 Epsom Road, Chipping Norton |
Strategic Direction |
Liveable Safe City Deliver an efficient planning system which embraces sustainable urban renewal and development |
Key Policy |
Urban Development Plans |
File Ref |
092665.2014 |
Report By |
Rodger Roppolo - Development Assessment Planner |
Approved By |
Carole Todd - Acting Group Manager Planning and Growth |
Property |
Corner Lot 17 DP 601642 42-48 Epsom Road, Chipping Norton |
Owner |
G N Pappas Holdings PTY LTD |
Applicant |
Joshua Kassis |
Executive Summary
The development application seeks consent for alterations and fitout of the existing Shop 7 at 42-48 Epsom Road, Chipping Norton, for use as a coffee shop/patisserie, the provision of outdoor seating area, and installation of business identification signage.
The development application was exhibited in accordance with Liverpool Development Control Plan (LDCP) 2008 and three submissions (including one petition signed by approximately 120 persons) were received objecting to the proposal. The objections related primarily to the increase of competition between existing cafes within the area.
The application was referred to the IHAP who recommended that the application be approved subject to additional conditions of consent.
Based on an assessment of the application in accordance with the provisions of the Environmental Planning and Assessment Act 1979, it is considered that the proposed development is acceptable. Accordingly, the application is recommended for approval.
That Council:
1. Approves Development Application No. DA-1112/2013, subject to the recommended conditions attached to the Council officer’s IHAP Report and as modified by IHAP as follows:
Prior to the issue of any Construction Certificate 2A. Prior to the issue of any Construction Certificate, the existing rubbish bins are to be fitted with a lid that is permanently attached or similar.
Use of the site 25A. The outdoor dining tables approved for the exterior of the restaurant must be located adjacent to the bollards and awning supports, leaving a clear passage against the shopfront.
2. Notify in writing, the persons who made a submission with regard to the proposed development. |
REPORT
The Site
The subject site is located at Shop 7, 42-48 Epsom Road, Chipping Norton.
The Proposal
The development application seeks consent for alterations and fitout of the existing Shop 7 at 42-48 Epsom Road, Chipping Norton, for use as a coffee shop and patisserie. The key components of the proposed development are as follows:
· The fit out will involve the installation of a work bench fridge, cake display cabinets, coffee machine, drinks fridge and indoor seating.
· The development will not involve any baking of goods on the premises. All food products will be delivered to the premises pre-made.
· Likely to be three employees, as indicated by the applicant.
· The proposed trading hours are 7:00am to 5:00pm, Monday to Friday and 8:00am to 2:00pm, Saturday and Sunday.
· Use of the private footpath for outdoor dining (two tables and four chairs) during the proposed trading hours.
· Replacement of an existing fascia sign to reflect the new business name.
Exhibition of Proposal
The development application was exhibited in accordance with the LDCP 2008 and three submissions (including one petition signed by approximately 120 persons) were received objecting to the proposal.
The Issues
The key issues identified as part of the assessment of the application relate to the concerns raised as part of the community consultation process undertaken, where objections were received concerning the potential impact of the development on parking and an increase in competition between other similar businesses within the area.
It is noted that an increase in competition of this nature is not a matter for consideration pursuant to Section 79C of the Environmental Planning and Assessment Act (EP&AA) 1979.
The issues raised by the objectors have been addressed in detail within the Council Officer’s IHAP report (see Attachment 1, under separate cover) and do not warrant the refusal of the Development Application.
Independent Hearing and Assessment Panel
On 28 April 2014, the application was referred to the IHAP in accordance with the Council endorsed IHAP Charter and Procedure. The Panel agreed with the Council Officer’s recommendation to approve the development application, subject to additional conditions of consent to address the following concerns:
1. The existing rubbish bins are fitted with a permanent lid or similar.
2. The tables proposed for the exterior of the restaurant are located adjacent to the bollards and awing supports, leaving a clear passage against the shopfront.
The Panel also recommended that the following conditions be deleted:
41. The extent of the outdoor dining seating area shall at all times be linked to the frontage of the subject shop. Under no circumstances are the tables and chairs permitted to extend in front of adjoining shops. .
42. No animals shall be allowed on the premises including the licensed footway area in accordance with the requirements of the Food Act 2003.
Council officers do not recommend that condition No. 41 be deleted, as the condition prevents the outdoor dining area to be expanded past the shop front, to adjoining shop fronts.
Council officers agree with the Panel recommendation in that condition No. 42 be deleted, as the requirements of the Food Act 2003, have now been amended to allow for companion animals within outdoor dining areas.
Conclusion
The application has been assessed against the relevant considerations within Section 79C of the EP&AA, 1979. The application is considered to have merit and is unlikely to result in an adverse impact on the amenity of adjoining properties.
Accordingly, the application is recommended for approval subject to the recommended conditions of consent.
CONSIDERATIONS
Economic and Financial |
Facilitate economic development. |
Environmental and Sustainability |
Manage air, water, noise and chemical pollution. Retain viable opportunities for local food production while managing land use to meet urban growth. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
1.View |
IHAP Report (Under separate cover) |
2.View |
IHAP Recommendation (Under separate cover) |
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Ordinary Meeting 28 May 2014
Independent Hearing and Assessment Panel Report
IHAP 02 |
DA 712/2013 - Demolition and construction of a residential flat building of 58 residential units at 36-40 Speed St, Liverpool |
Strategic Direction |
Vibrant Prosperous City Activate the city centre and develop vibrant places that attract people to Liverpool |
Key Policy |
City Centre Strategy |
File Ref |
093382.2014 |
Report By |
Shannon Rickersey - Senior Development Planner |
Approved By |
Carole Todd - Acting Group Manager Planning and Growth |
Property |
36, 38, 40 Speed Street, Liverpool NSW 2170, Lot 1 & 2 DP 83255, Lot 40 DP 730528 |
Owner |
Speed Street Development Pty Ltd |
Applicant |
Speed Street Developments Pty Ltd |
Executive Summary
Council has received and considered Development Application DA-712/2013 which seeks consent for demolition of existing outbuildings and the construction of a part nine and part ten storey residential flat building, incorporating 58 residential units and three levels of basement car parking.
The Development Application was exhibited in accordance with Liverpool Development Control Plan 2008 (LDCP 2008). Three submissions were received objecting to the proposal.
The Development Application was referred to the Independent Hearing and Assessment Panel (IHAP) for consideration on 7 April 2014, in accordance with the Council endorsed IHAP Charter and Procedure. The Panel concurred with the planning officer’s recommendation to approve the development application, subject to conditions.
The development accords with Council’s strategic vision for the Liverpool City Centre to provide for residential development in a high density built form.
Council officers agree with the IHAP recommendation and it is therefore considered that Development Application DA-712/2013 be approved.
That Council:
1. Approves Development Application No. DA-712/2013, subject to the recommended conditions contained within attachment 4 (under separate cover).
2. Notifies the persons who made a submission with regard to the proposed development, in writing, of Council’s decision. |
REPORT
The Site
The subject site is identified as Lots 1 and 2 DP 83255 and Lot 40 in DP 730528 and known as Nos. 36 - 40 Speed Street Liverpool. The subject site is located on the eastern side of Speed Street, between Bigge Street and Olive Street. The site has a frontage of approximately 31.425 metres to Speed Street, a depth of 59.5 metres on the northern side boundary and 56.52 metres on the southern side boundary. The combined site area of the three lots is 1888m². At present the site is vacant except for a dilapidated fibro building and some small trees. An extract of an aerial photograph of the site is provided in Figure 1 in this report.
Figure 1: Aerial view of the subject site
The Proposal
The Development Application seeks the construction of a part nine storey and part ten storey residential flat building development, incorporating 58 residential units with three levels of basement car parking and associated landscaping.
The residential unit mix provided by the development is as follows:
· 8 x 1 bedroom type units;
· 46 x 2 bedroom type units; and
· 4 x 3 bedroom type units.
· Under the proposed development, a new vehicular access is provided from Speed Street, with existing vehicular crossings to be made redundant.
· A 6 metre setback is provided to the northern boundary for all levels, increasing to 12 metres at the eighth level.
· A 3 metre setback is provided from the southern boundary on the lower ground floor. This setback increases to 6 metre for the remaining eight levels, stepping back to approximately 7.3 metres where the open lobby area is located.
· The front setback of 4 metres, tapering to 5 metres near the driveway ramp is provided to level seven. At level eight this setback is increased to 8.5 metres.
· To the rear of the site, an 8.5 to 12 metre setback is provided for all levels of the development.
· Each unit will be provided with sufficient private open space in the form of balconies or terrace area off the living spaces.
· The development proposes an overall height of 35 metres.
Plans of the proposal are included as an attachment to the Officer’s IHAP report.
Zoning
The subject site is zoned R4 – High Density Residential, pursuant to the Liverpool Local Environmental Plan (LLEP) 2008. An extract of the zoning map is provided below.
The proposal is defined as a ‘residential flat building’ under the LLEP definition, as follows:
“residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.”
A residential flat building is permissible with consent within the R4 High Density Zone.
Figure 2: Extract of LLEP 2008 zoning map
Section 79C Relevant matters for consideration
An assessment of the application against the relevant matters for consideration prescribed by Section 79C of the Environmental Planning and Assessment Act 1979 has been undertaken. The assessment has concluded that the proposed development is acceptable and is unlikely to result in any adverse impacts. The assessment report considered by the IHAP is attached to this report under separate cover (see Attachment 2).
Independent Hearing and Assessment Panel
Pursuant to Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to IHAP for consideration, as the proposal includes a request to vary a development standard in excess of ten percent, pursuant to Clause 4.6 of the LLEP 2008; and the application received three submissions objecting to the proposal.
The panel has concurred with the recommendations made in the Officer’s report and have made the recommendation to include the following additional conditions of consent:
1. Reduction of the extent of excavation to the portion of the northern boundary closest to the adjoining property. The storage areas be removed adjacent to the car parking bays so that a greater extent of deep soil landscape is achieved. This reduction does not include the dead end aisle requirement as this is an A.S2890.1 requirement for residential car parks.
2. That the plans be amended so that 50% of the requirement for storage under SEPP 65 is provided within each unit. This storage does not include kitchen storage, laundry storage, wardrobes or linen presses.
3. A weed management strategy is required to be submitted. The Panel noted the existence of noxious weeds on the premises.
The panel also commented on the overshadowing of the proposal on neighbouring properties. The panel noted that shadow diagrams submitted with the application were only for the date 21 June, and therefore recommended that applications in future also be accompanied by shadow diagrams for the equinox. In response, the applicant has submitted shadow diagrams for the equinox, which are included in Attachment 5. These plans indicate that the impact of overshadowing to adjoining properties is reduced on the equinox in comparison to the winter solstice, being 21 June.
Conditions
A copy of the updated draft conditions of consent including recommendations made by IHAP are attached to this report under separate cover (see attachment 4).
Conclusion
The application has been assessed against the relevant considerations prescribed by Section 79C of the Environmental Planning and Assessment Act 1979. The application is considered to be worthy of support and is recommended for approval, subject to conditions.
CONSIDERATIONS
Economic and Financial |
Enhance the environmental performance of buildings and homes. Facilitate economic development. |
Environmental and Sustainability |
Minimise household and commercial waste. Enhance the environmental performance of buildings and homes. |
Social and Cultural |
Regulate for a mix of housing types that responds to different population groups such as young families and older people. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
1.View |
Applicant and Land Owner details |
2.View |
IHAP Report (Under separate cover) |
3.View |
IHAP Recommendation (Under separate cover) |
4.View |
Amended conditions of consent (Under separate cover) |
5.View |
Additional shadow diagrams - Equinox |
93 |
|
IHAP 02 |
DA 712/2013 - Demolition and construction of a residential flat building of 58 residential units at 36-40 Speed St, Liverpool |
Attachment 1 |
Applicant and Land Owner details |
IHAP 02 |
DA 712/2013 - Demolition and construction of a residential flat building of 58 residential units at 36-40 Speed St, Liverpool |
Attachment 5 |
Additional shadow diagrams - Equinox |
Ordinary Meeting 28 May 2014
Independent Hearing and Assessment Panel Report
IHAP 03 |
DA-977/2013 Expansion of restaurant and outdoor dining at Shop 13, 172 Green Valley Way, Green Valley |
Strategic Direction |
Liveable Safe City Deliver an efficient planning system which embraces sustainable urban renewal and development |
Key Policy |
Urban Development Plans |
File Ref |
095895.2014 |
Report By |
Tyson Moller - Development Assessment Planner – Statutory Planning |
Approved By |
Carole Todd - Acting Group Manager Planning and Growth |
Property |
Shop 13, 172 Green Valley Way, Green Valley (Lot 100, DP 622372) |
Owner |
Mr B Celea |
Applicant |
Absolute Design Group |
Executive Summary
The subject application seeks development consent to formalise the expansion of the existing approved restaurant operating from Shop 13 into the adjoining premises; and provision of an outdoor dining area on Council owned footpath to be operated in conjunction with the existing restaurant at 172 Green Valley Road, Green Valley (Lot 100, DP 622372).
The key elements of this proposal include:
· To provide a formal approval for the existing use of the internal expansion of the existing restaurant into the adjoining shop, also known as Shop 13. The total internal floor area of Shop 13 is 272.1m2; and
· The provision of an outdoor dining area on a Council owned footpath in front of Shop 13. The proposed outdoor dining area would be 23.6m2 in size and would contain five additional tables and ten seats.
The subject application was notified, and in response, a total of six submissions were received which objected to the proposed development. Due to the number of submissions received, the application was presented before Council’s Independent Hearing and Assessment Panel (IHAP) on 28 April 2014, pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure. At this meeting, the IHAP recommended that Development Application No. DA-977/2013 be approved subject to the amended conditions of consent attached to this report (under separate cover) and including the following recommendations made as follows:
· A deferred commencement approval subject to health and safety regulations affected by the proposal, being satisfied to Council’s standards;
· The addition of wheel stops to car parking spaces adjacent to the premises;
· Removal of barricades around the proposed outdoor dining area. Note: the Panel has identified the barricade structures as a ‘low wall’; and
· The removal of Condition No. 27 (which relates to the placement of planter boxes around the proposed outdoor dining area.
In response to the recommendations of the Panel, it is considered that the proposal would satisfy Council’s Health and Safety standards subject to conditions already imposed by Council’s Environmental Health Team. As the proposed barricades and their relevant operational elements satisfy relevant development controls and objectives, conditions requiring their removal are considered to be unwarranted and it is considered that the concerns raised by the Panel can be addressed through amended conditions of consent. These matters are canvassed in detail later in this report.
That Council:
1. Approves Development Application No. DA-977/2013 to formalise the expansion of the existing approved restaurant operating from Shop 13, into the adjoining premises; minor shopfront alterations; and provision of an outdoor dining area on Council owned footpath, to be operated in conjunction with the existing restaurant, subject to the amended conditions of consent as contained within attachment 3.
2. Notifies the persons who made a submission with regard to the proposed development, in writing, of Council’s decision. |
REPORT
The proposal
The subject application seeks development consent to formalise the expansion of the existing approved restaurant operating from Shop 13 into the adjoining premises; and the provision of an outdoor dining area on Council owned footpath to operate in conjunction with the existing restaurant at 172 Green Valley Road, Green Valley (Lot 100, DP 622372).
Note: The original restaurant was approved under Development Application No. DA-566/2001.
The key elements of this proposal include:
· To provide a formal approval for the existing unauthorised use comprising the internal expansion of the existing restaurant into the adjoining shop, also known as Shop 13. The total internal floor area of Shop 13 is 272.1m2; and
· An outdoor dining area on a Council owned footpath in front of Shop 13. The proposed outdoor dining area would be 23.6m2 in size and would contain five additional tables and ten seats.
The proposed hours of the outdoor dining area are 6:00pm to 10:00pm Friday to Sunday, while the previously approved operating hours of the restaurant are to remain unchanged, and will also apply to the adjoining premises of which the restaurant has already expanded into.
The site
The site is known as Shop 13, 172 Green Valley Road, Green Valley (Lot 100, DP 622372). The site has a primary frontage to a public carpark and Green Valley Road. The subject site, carpark and adjoining sites are within a B1 Neighbourhood Centre zone. The neighbourhood centre zone is located in isolation and those areas within the outer locality are identified as R2 Low Density Residential and R3 Medium Density Residential zones.
Exhibition of the proposal
The subject application was notified for a period of fourteen days from 19 September 2013 to 3 October 2013. During this period, Council received a single document containing six signatures objecting to the proposed development, raising concerns regarding the number of tables within the restaurant and the number of facilities at the rear of the tenancy. These issues were addressed in detail within the report presented to the IHAP on 28 April 2014 (see Attachment 1).
Modifications to the recommended conditions following IHAP meeting
At the IHAP meeting held on 28 April 2014, the panel members made a recommendation to modify the recommended conditions of consent as follows:
· A deferred commencement condition that would require the restaurant to adhere to all relevant health and safety regulations to Council’s satisfaction;
· That the applicant provide wheel stops for car parking spaces adjacent to Shop 13, to prevent portions of parked cars overhanging the footpath opposite the outdoor dining area;
· That the barriers ‘low wall’ around the proposed seating area be removed; and
· That consent condition No. 27 (“Outdoor planter boxes are to be placed around the outdoor dining area when it is in use”) be removed.
Deferred commencement
It is considered that the imposition of these conditions by way of a deferred commencement would be unnecessary. As part of the assessment process, the subject application was referred to Council’s Environmental Health team, who considered the existing kitchen facilities and the proposed outdoor dining area and their respective proposed operations to be satisfactory. It is considered that the following condition of consent adequately addresses the Panel’s concerns with respect to Health and Safety:
“That the construction, fitout and finishes of the premises shall comply with AS4674, Food Act 2003 and regulations thereunder.”
This condition of consent would satisfy the environmental health and safety standards that are applicable to the subject application therefore not requiring a deferred commencement approval. As a result, condition No. 13 (construction and fitout requirements) has been incorporated into the conditions of consent and reads as follows:
“That the construction, fitout and finishes of the premises shall comply with AS4674 (Design, Construction and Fitout of Food Premises), Food Act 2003 and regulations thereunder.”
This condition of consent would satisfy the Environmental Health and Safety standards that are applicable to the subject application, therefore not requiring a deferred commencement approval. As a result, condition No. 13 (construction and fitout requirements) has been incorporated into the conditions of consent and reads as follows:
“The construction, fitout and finishes of the premises shall comply with AS4674 (Design, Construction and Fitout of Food Premises), Food Act 2003 and regulations thereunder.”
Provision of wheel stops
The panel also recommended that wheel stops be installed within car parking spaces that are adjacent to the premises, in order to prevent parked vehicles from overhanging the public footpath in front of Shop 13 and further reducing the width of the walkway. As a result, Condition No. 14 has been incorporated into the amended conditions of consent and reads as follows:
“The applicant shall obtain the consent of all registered owners of the land to which the outdoor dining will be provided, to construct wheel stops for cars parking along the shop front to prevent elements of parked vehicles from overhanging the footpath. The placements of the wheel stops are to be in accordance with Liverpool Development Control Plan (LDCP) 2008 and AS2890. The wheel stops must be fully constructed to the satisfaction of the PCA prior to the release of any Occupation Certificate.”
Removal of barriers around the proposed outdoor seating area
The Panel recommended that barriers around the proposed outdoor seating area be removed from the plans. The plans originally proposed to utilise removable barricades around the proposed outdoor dining area. The barricades would be temporary removable structures, and no structural changes are proposed either to the building and/or the public footpath to accommodate them. These barricades would only be erected when the outdoor dining area is in use, and would be stored within Shop 13 outside of the proposed operating hours. The proposed barricades and their use and storage, were assessed under the relevant provisions of Liverpool Development Control Plan 2008 and are considered to be in accordance with applicable development controls and objectives. For these reasons, conditions requiring the removal of the barricades are considered to be unnecessary and unreasonable, given that the proposal complies with all relevant development controls.
The use and storage of the outdoor barricades was reflected in the report presented to IHAP, however relevant conditions of consent made general reference to outdoor “furniture” and did not specifically reference the barricades. As a result, Condition Nos. 31 and 34 have been amended to read as follows:
31. “Outdoor café tables, chairs and barricades must be removed from the footpath by the permit holder and must be stored inside the premises at the close of business each day.”
34. “All outdoor furniture, barricades, facilities and pavements shall be kept at all times clean and free from food scraps. Waste matter shall not be permitted to enter, fall or descend into Council's stormwater system.”
Planter boxes
Condition No. 27 (“Outdoor planter boxes are to be placed around the outdoor dining area when it is in use”) has been removed, as recommended by the IHAP.
This recommendation is considered appropriate, as the planter boxes would be heavy structures to remove on a daily basis and other structures have been implemented to ensure a barrier is provided between the outdoor dining and vehicles in this instance.
Conclusion
The subject site is located within a B1 Neighbourhood Centre zone under the Liverpool Local Environment Plan (LLEP) 2008. The proposed development at Shop 13, 172 Green Valley Way, Green Valley is permissible with consent within the zone and satisfies the objectives of the B1 Neighbourhood Centre zone.
A number of submissions were received in response to the subject application. These submissions expressed concerns relating to the number of approved tables and the removal of facilities at the rear of Shop 13. Additional information was submitted by the applicant to address the concerns raised and to satisfy relevant planning controls.
While retrospective building works cannot be approved, the use of the building can be considered and approved by Council by way of a development application. It is acknowledged that the expansion led to an increase of the seating areas and amenities. The works involved relocated and expanded amenities as opposed to removing them. It is also not expected that the proposed development would significantly impact upon the natural or built environments and will incur minimal social or economic impacts. Both the existing expansion and the proposed development satisfies applicable development controls and the objectives of the B1 Neighbourhood Centre zone, and is considered suitable for the site.
Having regard to the matters of consideration as prescribed by Section 79C of the Environmental Planning and Assessment Act 1979, it is recommended that the subject application be approved, subject to the recommended conditions of consent.
CONSIDERATIONS
Economic and Financial |
Facilitate economic development. |
Environmental and Sustainability |
Manage air, water, noise and chemical pollution. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
1.View |
IHAP Report (Under separate cover) |
2.View |
IHAP Recommendation (Under separate cover) |
3.View |
Amended conditions of consent |
111 |
|
IHAP 03 |
DA-977/2013 Expansion of restaurant and outdoor dining at Shop 13, 172 Green Valley Way, Green Valley |
Attachment 3 |
Amended conditions of consent |
111
Ordinary Meeting 28 May 2014
Chief Executive Officer Report
CEO 01 |
Key Site Master Planning Committee Charter |
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 |
100300.2014 |
Report By |
David Maguire - Governance Officer |
Approved By |
Rob Noble - Acting Chief Executive Officer |
Executive Summary
Council resolved at its meeting on 30 October 2013 to establish the Key Site Master Planning Committee consisting of the Mayor, the Deputy Mayor, Councillor Hadchiti and the CEO.
The attached charter has been drafted to reflect the intent of the Council resolution establishing the Committee.
That Council:
1. Receives and notes the report.
2. Adopts the draft charter attached to this report.
|
REPORT
At its meeting on 30 October 2013, Council adopted a Mayoral minute establishing the Key Site Master Planning Committee, the members being the Mayor, the Deputy Mayor, Councillor Hadchiti and the CEO.
Council resolved that the Committee should develop master plans for important Council-owned sites within the Liverpool Local Government Area to ensure that the use of those sites is optimised to benefit the community. The Committee would meet on an “as required basis” and the Mayor would approve all agenda items for Committee meetings.
At the Committee meeting of the 28 April 2014 the Committee resolved that a report attaching a draft charter be presented to the May Council meeting.
The attached draft charter has been drafted to reflect the intent of the Mayoral minute adopted by Council. The draft charter includes a function for the Committee to obtain property valuations and a delegation by Council to the Committee in relation to expenditure for specific tasks associated with the work of the Committee.
It is recommended that Council receives and notes the report and adopts the draft charter attached to the report.
CONSIDERATIONS
Economic and Financial |
Further develop a commercial centre that accommodates a variety of employment opportunities. Enhance the environmental performance of buildings and homes. Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues. 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 |
There are no social and cultural considerations. |
Civic Leadership and Governance |
Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct. Actively advocate for federal and state government support, funding and services. |
1.View |
Key Site Master Planning Committee Charter (draft version) |
113 |
|
CEO 01 |
Key Site Master Planning Committee Charter |
Attachment 1 |
Key Site Master Planning Committee Charter (draft version) |
Ordinary Meeting 28 May 2014
Chief Executive Officer Report
CEO 02 |
March 2014 Performance Report |
Strategic Direction |
Leading Proactive Council Provide business excellence and financial sustainability to deliver services that meet community expectations |
Key Policy |
Local Government Act 1993 |
File Ref |
109234.2014 |
Report By |
Hiba Soueid - Service Manager Corporate Strategy and Performance |
Approved By |
Billie Sankovic - Group Manager Strategy & Executive |
Executive Summary
On 26 June 2013, following a period of extensive community consultation and engagement, Council adopted Growing Liverpool 2023 as the Community Strategic Plan for the Liverpool local government area. Growing Liverpool 2023 outlines the community’s vision and priorities for the Liverpool area and contains 7 directions and corresponding strategies for Liverpool. The Plan sets the direction for Council's operations and services for the next ten years.
The Liverpool City Council Delivery Program runs over a period of four years from 2013 - 2017 and details the principal activities that Council will deliver towards achieving the Growing Liverpool 2023 directions. Each principal activity has several detailed actions for the 2013-2014 year, these actions make up Council’s annual Operational Plan.
This report provides details of a comprehensive review of the January to March quarter, which was undertaken to determine Council's progress against the principal activities outlined in the Delivery Program.
That Council:
1. Receives and notes the March 2014 Performance Report which outlines the progress of all principal activities contained in the Delivery Program 2013-17 from January to March 2014.
2. Allows the Acting Chief Executive Officer to make a presentation on progress made in the January to March 2013 period with a copy of the presentation forming part of the minutes of the meeting. |
REPORT
Section 404(5) of the Local Government Act (1993) requires the Chief Executive Officer to ensure that regular progress reports are provided to the Council at least every six months with respect to the principal activities detailed in its four year Delivery Program. This is an important mechanism that enables Council and the public to monitor progress.
To comply with the requirement to provide regular progress reports at least every six months, Council receives quarterly performance review reports.
March 2014 Performance Report
Council determined to deliver 28 principal activities as part of its 2013 - 2017 Delivery Program, with 216 specific actions for the 2012-13 year.
The March 2014 Performance Report containing details on the progress of all the principal activities is attached under separate cover. It identifies highlights during this period, the progress of all of Council’s significant projects and various performance indicators.
It is recommended that Council receives and notes the March 2014 Performance Report. It is also recommended that Council allows the Chief Executive Officer to make a presentation on progress made in the July to December 2013 period on the principal activities contained in the Delivery Program 2013-2017.
CONSIDERATIONS
Economic and Financial |
There are no economic and financial considerations. |
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Raises awareness in the community about Council’s progress in delivering services. |
Civic Leadership and Governance |
Ensures Council operates effectively and demonstrates accountability and transparency in its business operations. |
1.View |
December 2013 Performance Report (Under separate cover) |
123
Ordinary Meeting 28 May 2014
Executive Director Report
ED 01 |
Establishment of Liverpool Airport Coordination Group and Liverpool Airport Taskforce |
Strategic Direction |
Vibrant Prosperous City Position Liverpool as the destination of choice to attract business and investment in South Western Sydney |
Key Policy |
Economic Development Strategy |
File Ref |
101224.2014 |
Report By |
Toni Averay - Acting Executive Director |
Approved By |
Toni Averay - Acting Executive Director |
Executive Summary
At its meeting of 30 April 2014, Council resolved as follows:
That Council:
1. Welcomes the announcement that Liverpool will be the site for Sydney’s second international airport.
2. Congratulates the Commonwealth and State governments on their early commitment to billions of dollars in infrastructure development.
3. Requests the Acting Chief Executive Officer to prepare a report to Council’s May meeting outlining the resources and structure needed to meet the airport opportunity. Such report should consider but not be limited to:
· Establishment of a Liverpool Airport Coordination Unit within Council’s structure and resources required.
· Noting the importance of close integration between local, state and federal government planning authorities investigate offering accommodation to the federal government for initial airport planning authority staff.
· Establishment of a committee of Council called the 'Liverpool Airport Taskforce' to meet monthly and work through the local government issues relating to the airport over coming years.
The purpose of this report is to detail the proposed structure, resources and priorities for the new Badgerys Creek Airport Taskforce and Coordination Working Group.
That Council:
1. Establish the Badgerys Creek Airport Taskforce to be chaired by the Mayor with membership as detailed in this report.
2. Appoint three Councillors as Taskforce members.
3. Endorse the creation of the Airport Coordination Working Group as detailed in this report.
4. Amalgamate the Economic Development and Tourism and Events Committees and schedule Taskforce Committee meetings on the same day.
5. Endorse the recruitment of a Project Officer to support the Taskforce as funded in the 2014/15 budget.
6. Adopt the draft Badgerys Creek Airport Taskforce Charter as attached to this report.
7. Note the information contained in this report regarding the Taskforce role and priorities.
|
REPORT
The announcement by the Prime Minister on 15 April 2014 that Badgerys Creek would be the location for Sydney’s second airport ended years of speculation and uncertainty. As part of this announcement, the Australian Government also announced an investment of almost $3 billion over 10 years in major infrastructure upgrades.
“This airport will be good for economic growth and good for jobs – both in Western Sydney and nationally. Airports area unique in that they employ more people in operation than construction – so these are long term jobs for the future. While the initial construction phase is expected to generate around 4000 jobs, the airport development is expected to create 35,000 jobs by 2035, increasing to 60,000 jobs over time. By 2060, the new airport has the potential to drive an increase in Australia gross domestic product (GDP) of almost $24 billion.” – Prime Minister Tony Abbott, 15 April 2014
The airport represents both opportunity and challenge for Council. It is important to ensure that appropriate planning, advocacy and resourcing are in place in order to maximise the potential benefits for the Liverpool community while avoiding risks and minimising impacts. As the regional city for Sydney’s fastest growing region – South West Sydney – and now with Sydney’s second airport to be developed within the local area, Liverpool is positioned to become an economic powerhouse, but sound planning and investment are essential to ensure Liverpool’s potential is realised. Council needs to be ready to harness the opportunities and neutralise the challenges that will flow from the Airport decision.
The Badgerys Creek Airport Taskforce will have the job of identifying and advocating for the infrastructure, land-use planning, business attraction and investment needed to gain the best outcomes for the Liverpool community. The Taskforce will lead and advocate Council’s position with the Federal and NSW governments and key private sector and community stakeholders.
An airport could potentially bring more than 20,000 jobs to Liverpool and over $9 billion in economic growth for Western Sydney. The population of Liverpool will grow to 330,000 by 2030, so creating jobs close to home is paramount. Western Sydney has a population of over two million people – almost the size of Brisbane. In the mid-2030s, this will grow to three million people, and will be home to one in every two Sydneysiders. The opportunities for Liverpool as the gateway to the south west and the home of Sydney’s second airport are enormous but require investment to fully harness the economic potential.
Background
Badgerys Creek was identified as a potential site for an airport from as early as 1969 and the Australian Government acquired a site of approximately 1,700 hectares between 1986 and 1991.
Badgerys Creek has been considered the preferred site in detailed studies commissioned by successive governments since the 1970s. In 1986, following an extensive site selection process, the Australian Government announced that Badgerys Creek had been chosen as the site for a second major airport for Sydney.
Following is a map of the airport location, showing both 2.5km radius and 5km radius circles.
The Federal Government has established the Western Sydney Infrastructure Unit within the Department of Infrastructure and Regional Development. It will be responsible for consulting with local councils, the community and other stakeholders, including the aviation industry. Liverpool City Council needs to be at the forefront of this consultation. A letter has been sent to the Minister for Infrastructure and Regional Development offering office space within Council’s building to accommodate the Infrastructure Unit. A copy of the letter is included as an attachment to this report.
The Federal Government has also identified that partnership with the NSW Government will also be important, especially in ensuring a coordinated transport plan for Western Sydney. Major investment in western Sydney infrastructure involving road and rail transport linkages to support the airport at Badgerys Creek and boost the local economy and liveability of Western Sydney is essential. This investment will relieve pressure on existing infrastructure and unlock the economic capacity of the region by easing costly congestion, slashing travel times and creating thousands of local jobs.
Proposed new Taskforce and Working Group
In accordance with the Mayoral Minute of 30 April 2014, it is proposed to establish a new Committee to be known as the Badgerys Creek Airport Taskforce. The Taskforce membership would consist of the following:
· Mayor (Chair)
· Three other Councillors to be elected by the Council
· CEO (Alternate - Executive Director 2)
· External representative from the NSW Business Chamber
· External representative from the Liverpool business community
· External representative from the local community
The work of the Taskforce would be supported by a Coordination Working Group. It is noted that the Economic Development Committee meeting of 26 February 2014 recommended to Council that a Badgerys Creek Airport working group be formed:
The Committee notes Council’s policy and position supporting a second airport for Sydney at Badgerys Creek. The Economic Development Committee to develop strategies and actions that can help position Liverpool to maximise the economic opportunities the airport can offer. Strategies could include forums and working groups to investigate the opportunities.
The Working Group should consist of the following internal Council officers:
· Group Manager Economy and Engagement (Alternate - Manager Economic Development)
· Group Manager Planning and Growth (Alternate - Manager Development Assessment)
· Group Manager Infrastructure and Environment
· Manager Strategic Planning
Other Council officers would support the working group on specific issues as required.
To support the work of the Committee and Working Group it is proposed that a Project Officer be engaged utilising funds allocated in the 2014/15 Budget
Taskforce Meetings
It is proposed that the meetings of the new Airport Taskforce be scheduled monthly on the same day as the Economic Development Committee and other meetings. In order to accommodate this additional requirement, it is proposed that the Tourism and Events Committee be combined with the Economic Development Committee. These Committee meetings are currently held consecutively with many repeated agenda items with a strong proportion of common Councillor membership. Tourism is also an important future economic development opportunity for Liverpool. Existing external representatives on the Tourism & Events Committee can be added to the Economic Development Committee, recognising the synergy between activities and providing a more efficient use of Committee members time.
Taskforce role and priorities
The Taskforce’s role would be to develop and lead Council’s response to the Airport in the following areas:
1. Investigating opportunities to maximise economic potential and minimise any adverse impacts associated with the Badgerys Creek Airport;
2. Advocating for the best interests of the Liverpool community and influencing State and Federal government planning regarding the Badgerys Creek Airport;
3. Engaging with key external stakeholders regarding the proposed Airport; including State and Federal government agencies, the Western Sydney Airport Alliance, the Western Sydney Regional Organisation of Councils, the National Growth Areas Alliance, property owners and local business and community groups;
4. Monitoring and reviewing State and Federal government activity regarding the Badgerys Creek Airport; and
5. Making recommendations to Council on strategic action issues associated with the Badgerys Creek Airport proposal and relevant development applications and planning proposals.
The 2014/15 Draft Delivery Program identifies the following key deliverables for the taskforce as follows which should be referred to the first meeting of the new Committee.
Key deliverable |
Develop Terms of Reference. |
Establish a program for gathering community and stakeholder input in order to represent the Liverpool community. |
Prepare Council’s airport precinct strategy. |
Engage independent expertise as required on land use, connecting infrastructure and business development strategies |
Establish and implement a meeting schedule and work program for the Taskforce |
Priority areas for the Taskforce’s consideration include:
· Need for significant Federal and State infrastructure investment to support the Airport and the development that will precede the Airport, especially transport (road and rail);
· Land use planning and appropriate zoning outcomes;
· Strategic land acquisition and transport corridor preservation;
· Management and mitigation of potential impacts: traffic, future aircraft noise, air quality, community health, water quality, lifestyle and amenity; and
It is proposed that the Committee’s forward work program and priorities for action be discussed at the first meeting.
Taskforce Charter
A draft Charter has been prepared for the new Badgerys Creek Airport Taskforce and is attached to this report for Council consideration. It is recommended the Charter be adopted.
CONSIDERATIONS
Economic and Financial |
Further develop a commercial centre that accommodates a variety of employment opportunities. Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues. Facilitate economic development. The new airport is expected to generate 20,000 jobs in the Liverpool LGA alone. Investment in strategic land use planning will be essential to optimise long term economic and employment outcomes for the Liverpool community. |
Environmental and Sustainability |
Manage air, water, noise and chemical pollution. Promote an integrated and user friendly public transport service. Support the delivery of a range of transport options. It is important that the environmental impacts of the new airport are effectively managed and mitigated. Advocacy and planning for sustainable transport solutions will be key priorities for the new taskforce committee and working party. |
Social and Cultural |
Preserve and maintain heritage, both landscape and cultural as urban development takes place. |
Civic Leadership and Governance |
Act as an environmental leader in the community. Undertake communication practices with the community and stakeholders across a range of media. Actively advocate for federal and state government support, funding and services. There are no civic leadership and governance considerations. |
1.View |
Letter from the Mayor to the Minister for Infrastructure and Regional Development, Hon Warren Truss, offering accommodation to the Federal Government for airport planning staff |
2.View |
Badgerys Creek Taskforce Draft Charter |
131 |
|
ED 01 |
Establishment of Liverpool Airport Coordination Group and Liverpool Airport Taskforce |
Attachment 1 |
Letter from the Mayor to the Minister for Infrastructure and Regional Development, Hon Warren Truss, offering accommodation to the Federal Government for airport planning staff |
ED 01 |
Establishment of Liverpool Airport Coordination Group and Liverpool Airport Taskforce |
Attachment 2 |
Badgerys Creek Taskforce Draft Charter |
138
Ordinary Meeting 28 May 2014
Business Excellence Report
GMBE 01 |
March 2014 Budget Review |
Strategic Direction |
Leading Proactive Council Provide business excellence and financial sustainability to deliver services that meet community expectations |
Key Policy |
Long-Term Financial Plan |
File Ref |
078406.2014 |
Report By |
Vishwa Nadan - Service Manager Financial Management |
Approved By |
Matthew Walker - Group Manager Business Excellence |
Executive Summary
On 26 June 2013 Council adopted a balanced budget for the 2013/2014 financial year.
The review of Council's budget as at 31 March 2014 has resulted in a general fund surplus for the quarter of $541k and a forecast working funds result for the year ended 30 June 2014 of $3,541m.
This report outlines the budget variations identified during the March quarter budget review and recommends that Council receives and notes the report and votes the identified budget adjustments in accordance with this report.
That Council:
1. Receives and notes the report.
2. Votes the identified budget variations in accordance with this report.
3. Consider and approve following recommended initiatives to commit the surplus funds:
· Transfer $125k to the Plant Reserve · Allocate $250k to engage a Fire Inspection Consultant · Transfer $166k to the Council Reserve
|
REPORT
Legislative Requirements
Clause 203(1) of the Local Government (General) Regulation 2005 requires the Responsible Accounting Officer to provide a quarterly budget review not later than two months after each quarter's end. This report provides an overview of the results on the financial review for the quarter ended 31 March 2014.
Budget Commentary
In June 2013 Council adopted a balanced budget for the 2013/2014 financial year, after allowing for depreciation (a non-cash item) of $32.199m.
Program managers have conducted a review of their programs with a view to providing a revised forecast for the financial year ended 30 June 2014. Managers take into consideration events that have occurred to date and/or information that has become available since the adoption of the original budget and the impact of which provides the basis for any revised forecasts.
Following the completion of this review, the forecast for the year ended 30 June 2014 is a working funds balance of $3.541m after allowing for the general fund surplus result of $541k in the March quarter review.
Description |
Surplus/Deficit $'000 |
Cumulative Surplus/Deficit $’000 |
Original Surplus |
0 |
0 |
Add: Surplus per Audited Financial Reports |
133 |
133 |
Less: Reduction in shop inspection fees |
(138) |
(5) |
Add: Funding of reduction in revenue from Salary Savings |
138 |
133 |
Less: Funding of building works at the Old Miller Library (31 July 2013, GMEE07) |
(50) |
83 |
Less: Funding of membership of Western Sydney First Program (28 August 2013, GMEE04) |
(12) |
71 |
September Review Surplus |
1,167 |
1,238 |
Less: Funding for upgrade works to the boom gate and pay stations at Warren Service Way car park $390k; Transfer $848k to the Council Reserve
|
(1,238) |
0 |
Less: Funding of Access Audit (30 October 2013 , GMEE05) |
(20) |
(20) |
Less: Funding ten temporary Town Planners (30 October 2013, DIRS02) |
(235) |
(255) |
Less: Funding Middleton Grange event and signage (18 December 2013, COMM06) |
(5.5) |
(260.5) |
Less: Funding Liverpool Mobility Map update (18 December 2013, COMM02) |
(15) |
(275.5) |
Less: Funding membership Future City (18 December 2013, COMM04) |
(15) |
(290.5) |
Add: December Review Surplus |
35.3 |
(255.2) |
Less: Membership to Committee of Sydney |
(15) |
(270.2) |
Less: Mayoral minute on the organization of two interfaith dinners |
(10) |
(280.2) |
Less: Additional funding for Access Audits |
(2.6) |
(282.8) |
Add: March Quarter Review Surplus |
823.3 |
540.5 |
Attachment 1 – Variation to general fund works: highlights in detail the general fund movements for the quarter resulting in a net surplus of $823k mainly due to the following:
Key favourable budget variations include:
· $693k - Lower principal loan and interest repayment
· $392k - Lower emergency fire services levy
· $201k – Higher legal cost recoveries from successful litigations
· $170k – Higher revenue from inspection fees
Key unfavourable budget variations include:
· $250k – Allocation of interest to Iconic Development Reserve
· $180k – Higher electricity charges for street lighting
· $160k – Higher water usage charges at sporting facilities
· $115k – Lower revenue from Construction Certificates
· $80k – Additional event management, marketing & other costs to host Night Markets
Attachment 2 – Variations to grant and contributions funded works: highlights movements in works and/or operations that are funded via grants or contributions. Any variation to expenditure is offset by an increase or decrease in funding from these sources resulting in a nil impact on general funds.
Attachment 3 – Variations to S94 works: highlights all budget movements in S94 funded works. Variations in S94 works do not impact on the bottom line surplus/deficit as all works are funded from S94 developer contributions. Any surplus funds on budgeted works remain restricted for future use in accordance with legislative requirements.
Attachment 4 – Variations to Reserves: highlights movements in works and/or operations that are funded from reserves (internal and/or external). Any variation to expenditure is offset by an increase or decrease in funding from the respective reserve resulting in a nil impact on general funds.
Attachment 5 – Grants Status Report: Has two components, the first listing all annual grant submissions, the second, listing all grants that have been applied for during the quarter detailing the project title, amount sought, the funding body and the status of the application.
Council officers are continually seeking alternate sources of funding as opportunities arise.
Attachment 6 - Quarter 3 Budget Review Summary (QBRS): This report presents a summary of Council's financial position at the end of each quarter. It has five components:
1. A consolidated Budget Review Income and Expenses Statement showing the revised estimated income and expenditure for the year against the original estimate of annual income and expenditure as shown in Council's Operational Plan.
2. Budget Review Capital Budget Statement: This report breaks the capital expenditure review into New and Renewal assets and respective reserve funding.
3. Cash and Investments Budget Review Statement providing dissection of how restricted and unrestricted cash are funded by the level of Cash and Investments.
4. Key Performance Indicators.
5. Contracts and Other Expenses Statement.
Working Funds
It is recommended that Council maintain an uncommitted working funds balance of approximately $3m.
Description |
Movement $'000 |
Cumulative Working Funds Balance $'000 |
Working Funds Balance (per audited financial reports) |
|
3,133 |
Less: Reduction in shop inspection fees |
(138) |
2,995 |
Add: Funding of reduction in revenue from Salary Savings |
138 |
3,133 |
Less: Funding of building works at the Old Miller Library (31 July 2013, GMEE07) |
(50) |
3,083 |
Less: Funding of membership of Western Sydney First Program (28 August 2013, GMEE04) |
(12) |
3,071 |
September Review Surplus |
1,167 |
4,238 |
Less: Funding for upgrade works to the boom gate and pay stations at Warren Service Way car park $390k; Transfer $848k to the Council Reserve
|
(1,238) |
3,000 |
Less: Funding of Access Audit (30 October 2013 , GMEE05)
|
(20) |
2,980 |
Less: Funding ten temporary Town Planners (30 October 2013, DIRS02) |
(235) |
2,745 |
Less: Funding Middleton Grange event and signage (18 December 2013, COMM06) |
(5.5) |
2,739.5 |
Less: Funding Liverpool Mobility Map update (18 December 2013, COMM02) |
(15) |
2,724.5 |
Less: Funding membership Future City (18 December 2013, COMM04) |
(15) |
2,709.5 |
Add: December 2013 Review Surplus |
35.3 |
2,744.8 |
Less: Membership to Committee of Sydney |
(15) |
2,729.8 |
Less: Mayoral minute on the organization of two interfaith dinners |
(10) |
2,719.8 |
Less: Additional funding for Access Audits |
(2.6) |
2,717.2 |
Add: March Quarter Review Surplus |
823.3 |
3,540.5 |
The above balance is outside of the target adopted in the 2013/2017 Delivery Plan. Recommendations to commit surplus funds are included.
As the Responsible Accounting Officer, it is the Executive Director’s opinion that the short term financial position of Council is considered satisfactory.
This Report recommends that Council receives and notes the report and votes the budget variations in accordance with this report.
CONSIDERATIONS
Economic and Financial |
Following the completion of the March quarter budget review, the budget result is a surplus of $541k inclusive of Council resolutions during the quarter and the forecast working funds balance, as at 30 June 2014 is approximately $3.541m.
Recommendations to commit surplus funds are included. |
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. |
1.View |
Variations to General fund Works |
2.View |
Variation to grant & contribution funded works |
3.View |
Variations to S94 works |
4.View |
Variation to Reserves |
5.View |
Grant Status Report - Applications |
6.View |
Grant Status Report - Received |
7.View |
Quarter 3 Budget Review Summary |
8.View |
Cash and Investment Report |
9.View |
Key Performance Indicators |
10.View |
Consultancy & legal expenses budget review statement |
11.View |
Contracts and other Expenses Statement |
GMBE 01 |
March 2014 Budget Review |
Attachment 10 |
Consultancy & legal expenses budget review statement |
Ordinary Meeting 28 May 2014
Business Excellence Report
GMBE 02 |
2008/2009 Refinancing Existing Loan |
Strategic Direction |
Leading Proactive Council Provide business excellence and financial sustainability to deliver services that meet community expectations |
Key Policy |
Long-Term Financial Plan |
File Ref |
098159.2014 |
Report By |
Christian Hope - Senior Financial Accountant |
Approved By |
Matthew Walker - Group Manager Business Excellence |
Executive Summary
At its meeting on 29 June 2009 Council approved the 2008/2009 loan borrowing program for $6.5 million to fund capital works in accordance with the adopted 2007/2008 budget.
This loan was originally taken for a repayment tenor of fifteen years renewable after a term of five years. This report advises Council that it must now seek to enter into a refinancing agreement on this loan as the current agreement expires on 30 June 2014. The balance on this loan on its expiry date is expected to be about $4.78 million with ten years remaining as per the adopted 2007/2008 budget.
That Council note the refinancing requirement for this loan and authorise the Acting Chief Executive Officer to accept the best quote offered and execute the loan agreement. |
REPORT
In accordance with adopted 2007/2008 budget Council drew down a loan of $6.5 million on 30 June 2009. This loan was approved to fund capital works as follows:
(1) Roads & Transport Assets $5.9m; and
(2) Drainage Works $600k
Given the uncertainty in the financial market during the peak of the Global Financial Crisis, banks in Australia were unwilling to lend for longer than five years. Council took a five year renewable reset margin loan (margin of 2.2% over 90 day BBSY) with repayments based on a tenor of fifteen years.
This loan is due for refinancing on 30 June 2014. As such Council now needs to invite for quotations to refinance the balance of approximately $4.78 million over the remaining period of 10 years from the 2007/2008 adopted budget.
CONSIDERATIONS
Economic and Financial |
Refinancing of the 2008/2009 loan program is consistent with Council’s Long Term Financial Plan. The proposed 2014/15 budget assumed a debt servicing cost of about $780k per annum on this loan. Principal and interest repayments on the refinanced agreement will be incorporated in future budgets. |
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. |
174
Ordinary Meeting 28 May 2014
Business Excellence Report
GMBE 03 |
Statutory Investment Report April 2014 |
Strategic Direction |
Leading Proactive Council Provide business excellence and financial sustainability to deliver services that meet community expectations |
Key Policy |
Long-Term Financial Plan |
File Ref |
098246.2014 |
Report By |
Christian Hope - Senior Financial Accountant |
Approved By |
Matthew Walker - Group Manager Business Excellence |
Executive Summary
This report details the balance of investments held at 30 April 2014 in a form compliant with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council's Investment Policy at the time of entering into each transaction.
Council held investments with a market value of $144.39 million as at 30 April 2014. The portfolio yielded a return of 4.16 per cent being 148 basis points above the benchmark of 2.68 per cent for the month of April 2014.
That Council receives and notes this report. |
REPORT
Clause 212 of the Local Government (General) Regulation 2005 requires that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.
Council's portfolio of $144.39 million consisted of $14.15 million invested in various debt securities (bonds) with maturity dates ranging from one year to thirteen and a half years; $121.5 million in short to medium term deposits; and $8.74 million in Cash at Call bank accounts. Council yielded a return of 4.16 per cent being 148 basis points above the benchmark of 2.68 per cent for the month of April.
As at the end of March 2014 the ratio of market value compared to face value of various debt securities is shown in the table below.
Asset Class |
Apr-14 |
Jun-13 |
Senior Debts (FRN's) |
101.74% |
101.79% |
Senior Bonds (NCD & Corporate Bonds) |
106.06% |
106.3% |
MBS (Reverse Mortgage Backed Securities) |
57.4% |
57.07% |
Total |
93.36% |
90.89% |
Council is fully compliant with the requirements of the Ministerial Investment Order including the grand fathering provision in regards to its investment portfolio holdings. The grand fathering provision states that Council may continue to hold to maturity, redeem or sell investments that comply with previous Ministerial Investment Orders. Any new investments must comply with the most recent Order.
At its May 2014 meeting, the Board of the Reserve Bank of Australia (RBA) decided to leave the cash rate unchanged at 2.5 per cent. A statement released on 6 May 2014 by Glenn Stevens, Governor of the RBA commenting on the RBA decision is attached to this report.
The return on term deposits over medium term (2 to 3 years to maturity) is currently at 4.05 per cent to 4.35 per cent per annum. Short term deposits rate (less than one year to maturity) is hovering from 3.2 per cent for 30 days to 3.85 per cent for one year.
Council continues to closely monitor the investments in its portfolio to ensure continued compliance and minimal exposure to risk.
Portfolios break down (at "Market Value")
The chart below shows the proportion of Council's investment portfolio by category of investment type at market value.
Movement in Investment Holding
Council held investments with a market value of $144.39 million as at 30 April 2014 compared to $148.63 million as at 31 March 2014. A summary of major types of receipts and payments for the period is attached to this report.
Portfolio Maturity Profile
The chart below shows the market value of funds invested at different durations to maturity.
Investment Portfolio at a Glance
Portfolio Performance vs. 90 day annualised Bank Bill Index for the month |
|
The portfolio yield for April is above the annualised benchmark for the month (4.16% against 2.68%). |
Portfolio Performance vs. 90 day Bank Bill index over the 12 month period. |
|
The portfolio yield for the past 12 month period is above the benchmark for the same period (4.33% against 2.71%). |
Annual Income vs. Budget |
|
Council’s investment income on General Fund was $36k below the year to date revised budget. |
Investment Policy Compliance
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. |
Certificate of Responsible Accounting Officer
The Executive Director, as Responsible Accounting Officer certifies that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Councils Investment Policies at the time of their placement. The previous investments are covered by the “grandfather” clauses of the current investment guidelines issued by the Minister for Local Government.
CONSIDERATIONS
Economic and Financial |
For the month of April 2014, Council investment income on General Fund was below year to date revised budget by $36k however it is expected to achieve the annual budget by the end of this financial year. Council's portfolio and returns will be closely monitored for the remainder of the year. |
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 May 2014 |
2.View |
Movement in Investment Holding April 2014 |
3.View |
Portfolio Investment Details |
4.View |
Performance Graphs Actual to Budget April 2014 |
179 |
|
GMBE 03 |
Statutory Investment Report April 2014 |
Attachment 1 |
Statement by Glen Stevens Governor RBA May 2014 |
GMBE 03 |
Statutory Investment Report April 2014 |
Attachment 2 |
Movement in Investment Holding April 2014 |
GMBE 03 |
Statutory Investment Report April 2014 |
Attachment 4 |
Performance Graphs Actual to Budget April 2014 |
185
Ordinary Meeting 28 May 2014
Community and Culture Report
GMCC 01 |
Expression of Interest EOI2333 Management of Leisure Centre - Carnes Hill |
Strategic Direction |
Healthy Inclusive City Plan, support and deliver high quality and accessible services, program and facilities |
Key Policy |
Recreation Strategy |
File Ref |
080228.2014 |
Endorsed By |
Marlene Henry - Senior Coordinator Early Childhood Services |
Approved By |
Kiersten Fishburn - Group Manager Community & Culture |
Recommended By |
Marlene Henry Chairperson |
Mark Egan Committee Member |
Rebekah Elliot Committee Member |
Bill Stanley Convenor |
Executive Summary
It is Council’s intention to develop a shortlist of applicants who have an interest in the operation, management, marketing and provision of programs, activities and events of a leisure facility proposed at West Hoxton, located within the Carnes Hill Precinct in the Liverpool LGA.
There has been no contract in place previously for these services.
That Council: 1. Accept the Expression of Interest received and place on a shortlist of applicants. 2. Revisit the provision of a shortlist of applicants when the building is completed to reflect potential future market interest. 3. Makes public its decision regarding tender EOI 2333 Management of Leisure Centre – Carnes Hill. 4. Notes that the Executive Director will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority. 5. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. |
REPORT
At the Council meeting held on 5 February 2012, Council recommended to seek expressions of interest form the market for the management and operation of the planned Carnes Hill Recreation Centre. At this stage, Council was intending to seek interest from applicants for a shortlist from suitably qualified applicants. No contract was to be entered into at this stage, not would the creation of the shortlist guarantee that a contract would be entered into. The shortlist may be reopened at a later stage upon the physical completion of the facility.
An expression of interest was developed, and application were invited publicly via the Sydney Morning Herald on 18 March 2014, the Liverpool Leader and South West Advertiser on 26 March 2014 and was made available on the Council eTendering portal https://www.tenderlink.com/liverpoolcity from 18 March 2014.
Tenders closed at 3:00 pm on Friday 11 April 2014, with one submission received.
The expression of interest was reviewed to assess its conformance to the Conditions of Tender and Conditions of Contract. The expression of interest was deemed to be conforming and progressed to the next stage of evaluation.
Full details of the expression of interest are provided in a confidential report under separate cover.
CONSIDERATIONS
Economic and Financial |
Facilitate economic development. |
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Deliver high quality services for children and their families. |
Civic Leadership and Governance |
Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct. |
187
Ordinary Meeting 28 May 2014
Community and Culture Report
GMCC 02 |
Liverpool City Council Sporting Grants Program 2013/2014 |
Strategic Direction |
Healthy Inclusive City Improve health and wellbeing and encourage a happy, active community |
Key Policy |
Recreation Strategy |
File Ref |
098067.2014 |
Report By |
Mark Westley - Sports Development Officer |
Approved By |
Kiersten Fishburn - Group Manager Community & Culture |
Executive Summary
At its meeting held on 15 February 2010, Council approved funding which established the Liverpool City Council Sporting Grants program to provide sporting grants to the Junior Sporting Clubs of Liverpool.
The total amount of available grant funds for the 2013/2014 financial year is $30,000 with $5,000 of this total allocated towards sports for people with disability. The maximum grant is limited to $5,000 per applicant.
This report recommends the allocation of sporting grants to Junior Sporting Clubs of Liverpool, as per the recommendations from the Sports Committee grants assessment panel.
That Council:
1. Adopts the recommendations for Sporting Grants, as determined by the Liverpool Sports Committee grants assessment panel:
2. Due to the absence of applications in the “disability” category, allocate the grant funding which is specifically for people with a disability, to applicants who were identified as next eligible for funding:
|
REPORT
At its meeting held on 15 February 2010, Council approved funding which established the Liverpool City Council Sporting Grants program to provide sporting grants to the Junior Sporting Clubs of Liverpool.
A total of $30,000 has been allocated for distribution through the 2013/2014 grants program, $5,000 of the total amount is specifically allocated for sports for people with disability in the Local Government area.
Applications are assessed against the following criteria:
1. A maximum of $5,000 will be available to each club however, applications for smaller amounts are encouraged.
2. Applications must address how the grant will be used and must fall into the categories below:
Sporting Development
· Coaching clinics
· Sports camps
· Training and development
Ground Development
· Minor capital improvements
Maintenance Equipment
· Line marking equipment
· Ground maintenance equipment
Sporting Equipment
· Playing kits
· Club uniforms, kits etc
· First aid and safety equipment
*Note: Equipment must remain the property of the club to be eligible.
Education
· First aid training
· Coaching and development programs
· Safe Play
Club Diversity
· Introduction of additional sports to a club
· Expansion of club to include greater community involvement
3. Council must receive applications by the due date. Applications can only be accepted from the appropriate office bearers of the Junior Sporting Club.
As these grants are specifically to support the youth of Liverpool, to be successful, sporting clubs must demonstrate that their members are predominately under the age of 16 years.
Clubs, which are successful, will be deemed ineligible to apply for further support under this scheme in the following year.
Applications were assessed by a panel of representatives from the Liverpool City Sports Committee. Applications were received from 19 clubs with 13 clubs being identified as worthy recipients of grants.
The following allocation of grants to applicants are recommended for adoption by Council and have been supported by the Liverpool City Sports Committee Sporting Grants Assessment Panel at the meeting held on 29 April 2014. These grants total $25,000.00.
Sporting Organisation |
Description |
Amount |
Chipping Norton Baseball Club |
Sporting equipment and drum mower. |
$2,929.00 |
Australian Barefoot Water Ski Club |
First aid equipment. |
$317.00 |
Bringelly Netball Club |
Coaching & umpiring courses. Sporting equipment. |
$5,000.00 |
South West Tigers Junior AFL Club |
First aid and safety equipment. |
$1,414.00 |
Moorebank Sports Netball Club |
Sporting equipment |
$3,618.00 |
Moorebank Liverpool District Hockey Club |
Sporting equipment |
$1,290.00 |
Prestons Robins Little Athletics |
Mowing equipment |
$2,500.00 |
Southern Districts Soccer Football Association |
Player shelters |
$5,000.00 |
Southern Districts Softball Association |
First aid kits & line marking equipment |
$2,932.00 |
Total |
|
$25,000.00 |
There were no specific Disability Sports grant applications received this year. The opportunity exists to distribute the $5,000 specifically allocated for disability sports in the local government area to the applicants who were identified as the next eligible for funding this year.
If this allocation is approved, the following sporting organisation will be eligible for a grant:
Sporting Organisation |
|
Amount |
Liverpool PSSA |
Sporting uniforms. |
$5,000.00 |
Total |
|
$5,000.00 |
CONSIDERATIONS
Economic and Financial |
$30,000 has been allocated towards this grant program. |
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Support community organisations, groups and volunteers to deliver coordinated services to the community. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
191
Ordinary Meeting 28 May 2014
Community and Culture Report
GMCC 03 |
Adoption of the Customer Service and Communication Policy |
Strategic Direction |
Leading Proactive Council Provide business excellence and financial sustainability to deliver services that meet community expectations |
Key Policy |
Customer Service Standards |
File Ref |
101555.2014 |
Report By |
Kiersten Fishburn - Group Manager Community & Culture |
Approved By |
Kiersten Fishburn - Group Manager Community & Culture |
Executive Summary
Liverpool City Council has an existing Service and Communication Policy which was originally developed in consultation with staff and management and adopted by Council on 9 December, 2002. The purpose of the Policy is to specify the commitment of Council to quality service and effective communication.
The policy has been reviewed and amended as required and this report recommends that Council’s existing Customer Service and Communication Policy be replaced with the attached Policy.
That Council:
1. Adopts the revised Customer Service and Communication Policy.
2. Continues to carry out customer service training for all staff incorporating the Customer Service and Communication Policy. |
REPORT
Council’s Customer Service and Communication Policy was developed after consultation with staff and management and subsequently adopted by Council on 9 December, 2002. Since then it has been reviewed and amended on a regular basis, the last time being July 2010. Following a review the policy has been refined and reformatted in a simpler, more user friendly format.
Council is committed to providing quality service to the community and to providing standards of service to its clients and the community. The purpose of this Policy is to specify the commitment of Council to quality service and effective communication. It specifically outlines the commitments of Council regarding communication and standards of service, and it describes the ways in which members of the community can assist Council to provide quality service. The Policy also outlines that there may be circumstances in which restrictions on communication may occur due to difficult complainants.
Our Customer Service Policy Statement directly aligns with our corporate values and articulates that Council:
Values the community and customers (including staff) by recognising diversity, respecting confidentiality, being courteous, patient, sensitive and attentive to our customers
Works together to build and maintain relationships with the community, based on open and effective communication, in order to better understand community needs and expectations
Respects people by encouraging honest, courteous, ethical, fair communication and decision making practices, valuing the views of others, having clear and consistent policies, using information and resources responsibly and efficiently, and act in accordance with legislation, Council's Code of Conduct and other Council policies.
Communicates effectively by providing open, accessible and honest communication, by providing the community with advice and other information that is clear and concise, and in plain English.
Shows leadership at all levels by committing to provide and maintain quality customer service to the community and maintaining these high standards in order to meet their needs using available resources, and by being proactive in our approach in providing excellent levels of internal and external customer service.
Comprehensive procedures detailing customer service standards, complaint handling and difficult complainants are also provided internally to all staff. These are consistent with the NSW Ombudsman’s Office guidelines. Staff across Council are currently undertaking customer service training to enhance their capacity to deliver quality customer service as articulated in this Policy.
CONSIDERATIONS
Economic and Financial |
Provide customer service to facilitate economic development and growth. |
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 |
Undertake communication practices with the community and stakeholders across a range of media. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focussed. |
1.View |
Old Customer Service and Communication Policy |
2.View |
Revised Customer Service and Communication Policy |
199 |
|
GMCC 03 |
Adoption of the Customer Service and Communication Policy |
Attachment 1 |
Old Customer Service and Communication Policy |
GMCC 03 |
Adoption of the Customer Service and Communication Policy |
Attachment 2 |
Revised Customer Service and Communication Policy |
211
Ordinary Meeting 28 May 2014
Economy and Engagement Report
GMEE 01 |
Midnight Basketball Program |
Strategic Direction |
Healthy Inclusive City Plan, support and deliver high quality and accessible services, program and facilities |
Key Policy |
Youth Strategy |
File Ref |
095785.2014 |
Report By |
Derek Tweed - Community Development Worker (Youth) |
Approved By |
Michael Cullen - Group Manager, Economy and Engagement |
Executive Summary
At its meeting on 29 May, 2013 Council resolved to:
1. Facilitate a meeting with Midnight Basketball with the objective to implement such a program.
2. Report back to Council outcomes of the meeting and a proposed program.
3. Initially allocate $20,000 to the program from quarterly budget surplus.
4. Report back to Council any further financial implications.
This report provides an update on the outcomes of the inaugural Midnight Basketball program delivered in Liverpool on Friday evenings from Friday 14 February to Friday 4 April 2014. It also recommends that additional resources be allocated to fund the staff time for the remaining three eight-week tournaments in accordance with the Midnight Basketball's Program requirements.
That Council:
1. Receives and notes this report.
2. Notes that an additional $19,597.56 from salary savings over 2014-15 and 2015-16 financial years will be allocated to cover the staff time associated with the delivery of the Liverpool Midnight Basketball Program.
|
REPORT
Midnight Basketball is a community based program that is run in partnership between Midnight Basketball Australia and Liverpool City Council. An agreement was signed between the two parties in November 2013 to deliver four eight-week Midnight Basketball tournaments within a two year period.
The Midnight Basketball Program is multi-faceted and requires extensive support from the community to succeed. The support includes a community management committee, approximately 15-20 volunteers per night to assist in running the games, local youth organisations to run life skills workshops and local businesses to provide services including catering for volunteers and players, fresh fruit for snacks, venue, security, shuttle bus, youth workers, referees and local Police.
The outcomes of the inaugural tournament were extremely positive and showed strong support for the program locally. Some highlights include:
· Each tournament requires a maximum of 60 participants aged between 12 to 18 years of age. At this initial tournament 99 young people were registered to play and there was an average weekly attendance of 55 young people.
· The program is for both males and females, with boys accounting for 75% of players and females accounting for 25%.
· There were 40 volunteers registered for the tournament with a weekly average of 17 volunteers participating.
The community management committee is currently planning for tournament two to be delivered during Term 4 in October 2014. During this planning phase, retention of the management committee is crucial as well as building and maintaining partnerships with local businesses so that the program can be delivered efficiently and become financially sustainable.
There is a shortfall that exists in the current budget to ensure the effective delivery of the remaining three tournaments. Funds will be allocated from Council salary savings to cover overtime expenses for the Council officers required to attend the tournaments on Friday nights from 6pm to midnight for eight weeks at a time. The Council officers are required to oversee the program and facilitate the logistical aspects of the Friday nights such as volunteer management, catering, security liaison and arranging bus drop off routes.
The cost of overtime for two Council officers to participate in the Midnight Basketball Program is approximately $6532.52 per eight week tournament. The overtime payments for tournament one were covered through salary savings within the Economy and Engagement Group’s current budget. An additional budget allocation of $19,597.56 will be drawn from Council salary savings to deliver the remaining three tournaments as follows:
· 2014/2015 - $13,065.04 (two tournaments)
· 2015/2016 - $6,532.52
CONSIDERATIONS
Economic and Financial |
Budget allocation of $19,597.56 from overall Council salary and operational savings over the 2014-15 and 2015-16 financial years. |
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Raise awareness in the community about the available services and facilities. Support policies and plans that promote crime prevention amongst young people. Support community organisations, groups and volunteers to deliver coordinated services to the community. Promote community harmony and address discrimination. Deliver high quality services for children and their families. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
214
Ordinary Meeting 28 May 2014
Economy and Engagement Report
GMEE 02 |
Donations Policy |
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 |
097693.2014 |
Report By |
Rebekah Elliott - A/ Coordinator Community Development |
Approved By |
Michael Cullen - Group Manager, Economy and Engagement |
Executive Summary
Council adopted a Donations Policy and Donations Procedure at its meeting held on 24 February 2014. The Policy outlines Council's commitment to building strong and resilient communities in Liverpool through the provision of financial assistance in the form of donations and grants to individuals and groups.
The recommended changes to the Donations Policy have a strategic intent to build the capacity of local community groups, organisations and services to better meet the needs of our growing community. The Policy has been reviewed with reference to best practice principles of grant making and grants administration as outlined by the Australian Institute of Grants Management and NSW Government.
This report recommends the revised Donations Policy be adopted and describes the key elements and proposed improvements to the categories to develop a more effective, co-ordinated and transparent donations program that delivers positive outcomes for individuals and communities of Liverpool.
That Council adopts The Donations and Community Grants Policy. |
REPORT
The current Donations Policy was adopted by Council at its meeting on 24 February 2014. Interim changes have been made to the Donations Policy to tighten procedures and minimise inconsistencies. It was proposed to bring to Council before the end of the financial year a revised Donations Policy that has a strategic intent to build the capacity of local community groups, organisations and services to better meet the needs of our growing community.
The Policy demonstrates Council's commitment to building strong and resilient communities in Liverpool through the provision of financial assistance in the form of donations and grants to individuals and groups. This is in accordance with Section 356 of the Local Government Act (1993) which stipulates that:
1. A council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.
The provision of donations and grants provides a mechanism for Liverpool City Council to further the directions highlighted in Growing Liverpool 2023 and the subsequent aims identified in social, economic, environmental and cultural policies.
The overall review of the policy has been to enhance the existing donations and community grant program to ensure the most effective and efficient distribution of monies to community group and to better accommodate the needs of applicants. Overall changes to the policy include:
1. Alignment with a community capacity building approach to be more consistent with strategies in Growing Liverpool 2023 Community Strategic Plan, in particular to foster social inclusion, strengthen the local community and increase opportunities for people who may experience barriers.
2. Quarterly programs to be more responsive to community needs and to minimise the transaction costs to the applicant.
3. A 12 month transition period, so applicants in the pipeline can be considered under existing policy.
The draft Donations and Community Grants Policy has been reviewed to better align with national best practice principles of grant making and grants administration as outlined by the Australian Institute of Grants Management and the NSW Government. Key principles of best practice grant making that have been taken into consideration include accountability, transparency, efficiency, effectiveness and alignment with key organisational priorities.
The key recommended changes to the Donations policy are as follows.
1) Policy Name
It is proposed to rename the Donation Policy to Donation and Community Grants Policy as the policy relates to both donations and grants distributed by Council under Section 356 of the Local Government Act 1993.
2) Sporting Donations
Funding allocation: $15,000
Proposed change is to accept and assess applications on a quarterly basis.
3) National and International Events
Budget for this program is provided by Council resolution.
There are no proposed changes to this category.
4) Community Grants Program
Funding allocation: $80,000
The key changes recommended to this category in order to tighten procedures and minimise inconsistencies includes:
a) Strengthened assessment criteria to recognise contributions from applicants including donated supplies, materials, services, volunteering time or direct cash input.
b) Community Capacity Building is the program objective. Community Capacity Building involves the provision of community activities that contribute to people developing their own capacity and resilience to maintain and build on their own resources and to manage future challenges. This assists organisations not becoming reliant on Council for funding programs.
c) Recurrent projects are considered as ineligible as the program has a focus on strengthening communities through building the capacity of and providing opportunities for people to actively engage with their community. Current applicants applying for recurrent program will be transitioned over a 12 month period.
d) Applications will be accepted and assessed on a quarterly basis. This aligns with best practice grant making. It supports processes and frameworks consistent with funding programs available through state and federal governments as well as programs offered through foundations and trusts. It also provides opportunities for better planning and coordinated approaches to grant seeking within the local community sector.
5) Small Grants Program
Budget allocation: $ 10,000
Based on the current low utilisation rate of the Small Grants Program, it is proposed that this program be replaced by a Quick Response Grants Program. The Quick Response Grants Program will provide financial assistance of up to $2,500 to community groups, organisations and services for projects that are addressing an unforeseen, unexpected or emergency community needs. This program will be an open program, accepting applications on an ad-hoc basis.
6) Youth Donations
Budget allocation: $7,500
It is recognised that participation in leadership initiatives contribute significantly to a young person’s career development and their engagement with social networks and their community. The key recommended changes to this category include:
a) Applications will be accepted and assessed on a quarterly basis.
b) Minimum amount an applicant can apply for is $500 and maximum amount is $1,500. This will assist with contributing towards expenses associated with participation in conferences, activities or events which foster local community leadership and participation.
c) An applicant cannot request more than 50% of the overall costs associated with participation in conferences, activities or events which foster local community leadership and participation.
7) School Donations
Budget allocation: $2,500
It is proposed that $100 be granted to each high school in the Liverpool local government area to be given as a prize to a student who has excelled in citizenship, academic studies, artistic endeavours or sporting competitions. Schools will be required to supply information on the student and to deliver the prize at the annual awards ceremony or equivalent. Where possible, the prize will also be presented by the Mayor (or delegate). In the case that a new school is established they will also be offered the grant and the budget for School Donations adjusted accordingly. .
The draft Donations and Community Grants Policy can be found as an attachment to this report for the reference of Councillors.
CONSIDERATIONS
Economic and Financial |
$100,000 is allocated to the Community Donations Program each financial year in line with Council's Operational Plan and Delivery Program and broken down in the categories as follows: · Community Grants $80,000 · Youth Donations $7,500 · School Donations $2,500 · Quick Response Grants Program $10,000
$15,000 is allocated to the Sporting Donations Program each financial year in line with Council's Operational Plan and Delivery Program. The budget for national and international events is assessed on a case-by-case basis and is allocated by resolution of Council. |
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Raise awareness in the community about the available services and facilities. Support community organisations, groups and volunteers to deliver coordinated services to the community. |
Civic Leadership and Governance |
The pursuit of leadership opportunities by students will be encouraged through the proposed changes to the school donations eligibility. |
1.View |
DRAFT Donations and Community Grants Policy - To be adopted by Council 28 May 2014 |
231 |
|
GMEE 02 |
Donations Policy |
Attachment 1 |
DRAFT Donations and Community Grants Policy - To be adopted by Council 28 May 2014 |
Ordinary Meeting 28 May 2014
Economy and Engagement Report
GMEE 03 |
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 |
099457.2014 |
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 Sporting Donations Program and local community organisations for the Community Grants and Corporate Sponsorship.
This report presents the funding recommendations made by the FCP for Council's consideration.
Note: a separate Council report proposing changes to the Donations Policy has also been submitted to the May Council meeting. The recommended donations, grants and sponsorship requests proposed in this report are in accordance with the existing Donations Policy.
That Council:
1. Endorses the Financial Contribution Panel's recommendations for
the provision of $3,800 under the Sporting Donations Program as summarised in
the table below:
2. Endorses the Financial Contribution Panel's recommendations for the provision of $22,140.35 under the Community Grants Program as summarised in the table below:
|
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, Community Grants and Corporate Sponsorship are accepted on an ongoing basis. 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, and Community Grants.
Sporting Donations
Council's Sporting Donations Program is available to individuals and sporting teams who live in Liverpool City. Seventeen (17) applications for sporting donations were received by Council. Sixteen (16) applications met the program criteria and were 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 |
Jasmine Pritchard |
Requesting a donation to represent the NSW Under 14 Netball Team at the National Championships. |
State |
State representation $200 |
Cameron Parsons |
Requesting a donation to represent the NSW Under 18 Indoor Hockey Team at the Indoor National Championships. |
State |
State representation $200 |
Keifer Dotti |
Requesting a donation to represent the National Indigenous Oztag Team at the Oceania Cup Tour to be held in New Zealand.
|
National |
Australian national representation at an overseas event $500 |
Jacob Dowson |
Requesting a donation to represent the NSW Fencing Association at the National Championships held in Sydney from 5th to 9th July 2014. |
State |
State representation $200 |
Jonas Dowson |
Requesting a donation to represent the NSW Fencing Association at the National Championships held in Sydney from 5th to 9th July 2014. |
State |
State representation $200 |
Maddison Blackman |
Requesting a donation to represent the Sydney Rebels Regional Touch Football at the National Touch League held in Coffs Harbour from 12th to 15th March 2014. |
Regional |
Regional representation $100 |
Gaurav Sami |
Requesting a donation to represent the International Soccer Academy at the Training camp held in UK. Applicant is not representing Australia; therefore it has been recommended that they receive $100 for regional participation only. |
Regional |
Regional representation $100 |
Shaneel Sami |
Requesting a donation to represent the International Soccer Academy at the Training camp held in UK. Applicant is not representing Australia; therefore it has been recommended that they receive $100 for regional participation only. |
Regional |
Regional representation $100 |
Ian Thomas McFarlane |
Requesting a donation to represent the Australian Oztag Sports Association Mixed Senior Australian Team at UK and Ireland International Tournament held in the UK.
|
National |
Australian national representation at an overseas event $500 |
Elyse Nicole Ryan |
Requesting a donation to represent the Australian Oztag Sports Association Mixed Senior Australian Team at UK and Ireland International Tournament held in the UK. |
National |
Australian national representation at an overseas event $500 |
Hayley Rotondo |
Requesting a donation to represent the Sydney Figure Skating Club at the National Figure Skating Championships held in Brisbane. |
Regional |
Regional representation $100 |
Shannon Brown |
Requesting a donation to represent the Liverpool City Netball Association Under 12’s Representative Team at the State Age Championship held in Illawarra from 28th to 30th June 2014. |
Regional |
Regional representation $100 |
Jayden Lach |
Requesting a donation to represent the Australian U19 Softball Team at 10th ISF Junior World Championships held in Canada from 26th June to 11th July 2014. |
National |
Australian national representation at an overseas event $500 |
Jake Holmes |
Requesting a donation to represent the Liverpool BXM Club at the National Championships held in Victoria from 2nd to 4th May 2014. |
Regional |
Regional representation $100 |
Kaushal Kumar |
Requesting a donation to represent the International Soccer Academy attending West Ham United youth competition in the UK. Applicant is not representing Australia; therefore it has been recommended that they receive $100 for regional participation only.
|
Regional |
Regional representation $100 |
Jessica Cutner |
Requesting a donation to represent the Australian Bocce Team at the Special Olympics South East Asia Game held in Newcastle from 1 to 7 December 2013. |
National |
Australian national representation at an event within New South Wales $300 |
Community Grants
Council's Community Grants Program is available to community groups who provide programs or services to the residents of Liverpool. Eight (8) applications for community grants were received by Council. Seven (7) 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 requests are outlined in the table below.
Applicant Details |
Event Name and Description |
Amount Requested |
FCP Recommendation |
Karitane |
Harmony At Home To facilitate parenting groups in understanding their toddler based on the attachment designed "circle in security program.”
Training will be provided to three groups of vulnerable clients attending the Noreen Towers supported accommodation facility in Miller.
Community Benefits: · Increased engagement of at risk young people with children · Increased opportunities for participation in this specialised parenting program · The survey will observe interaction factors between mother, father and toddler
|
$2,500 |
$2,500 |
Karitane |
Engaging Vulnerable Families The program is designed to engage vulnerable communities into supported playgroups and case managed programs involving sustained home visits and early intervention.
Also the families will have the opportunity to enjoy excursions to working farms and wildlife parks paid for including a healthy lunch.
Community Benefits: · Increased engagement of vulnerable and socially isolated families · Increased opportunities to participate in other programs run for the community by Karitane
|
$4,723 |
$4,723 |
The Probus Club of Liverpool City Inc. |
Liverpool City Probus The purchase office equipment comprising of 3 laptop computers including software usb storage and printer and the cost of setting up a website.
Community Benefits: Increased awareness amongst community members of services available to them |
$4,127.85 |
$4,127.85 |
City of Liverpool Meals on Wheels |
Christmas Hamper Project for Meals on Wheels clients Purchase of food items for large Christmas hampers delivered by volunteers to all Meals on Wheels clients supplemented by donation of Christmas cakes, hams etc. from Service Clubs and suppliers.
Community Benefits: · Increased volunteer opportunities in the community · Improved wellbeing for clients of the services · Vulnerable and disadvantaged community members feel empowered and valued · Food security for older people and people with a disability enhanced
|
$3,500 |
$3,500 |
Liverpool U3A – School for Seniors Inc. |
Purchase of new lounges The replacement of the very old and run down couches in the foyer of the Dr. Pirie building.
Community Benefits: · Increased community wellbeing by providing clean and effective furniture to sit on · Improve the facilities’ entry and rest area for all to use (the general community) when they come to use the building
|
$1,252 |
$1,252 |
Liverpool Neighbourhood Connections |
Pre-Loved Clothing Store The availability of a safe and secure place to store second hand clothing, linen, toys books and household items, currently being provided to the local community experiencing financial barriers
Community Benefits: · Increased engagement of disadvantaged and marginalised community members · Increased awareness amongst community members of services available to them |
$935 |
$935 |
Miller Art & Fact Inc |
2168 Youth Music Project: Developing Local Talent The project will engage and empower young people in the 2168 area by discovering and developing some amazing talent through workshops to produce a Christmas music CD, consisting of old classics and one original song
Community Benefits: · Increased engagement of disadvantaged and marginalised community members · Increased awareness amongst community members of services available to them |
$4,825.50 |
$4,825.50 |
Treehouse Theatre Inc |
The Tree of Life Project
The project is a drama therapy and trauma recovery program for refugees living in the Liverpool LGA and attending Miller Technology High School
Community Benefits: · Increased engagement of disadvantaged and marginalised community · Members Increased awareness amongst community members of services available to them |
$5,000 |
$5,000 |
CONSIDERATIONS
Economic 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 $3,800 is endorsed the remaining balance will be $8,900. The recommendations within this report for sporting donations will be funded from the Sporting Donations Program.
A budget allocation of $100,000 for the Community Grants Program was adopted by Council in its 2013/2014 Operational Plan as part of the Community Donations Program. If the recommended amount of $22,140.35 is endorsed the remaining balance will be $17,778.60. The recommendations within this report for Community Grants will be funded from the Community Donations Program.
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Raise awareness in the community about the available services and facilities. Support community organisations, groups and volunteers to deliver coordinated services to the community. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
1.View |
Sporting Donations Criteria |
2.View |
Criteria for Community Grants Program |
243
Ordinary Meeting 28 May 2014
Governance Report
GMGO 01 |
Draft Conservation Management Plan for the Soldiers' Memorial School of Arts building, 306 Macquarie Street, Liverpool |
Strategic Direction |
Proud Engaged City Protect and preserve Liverpool’s heritage, including its rural landscape and cultural history |
Key Policy |
Heritage Strategy |
File Ref |
062389.2014 |
Report By |
Andy Kabok - Senior Property Officer |
Approved By |
Nadia Napoletano - Group Manager Governance |
Executive Summary
The Soldiers’ Memorial School of Arts building is listed as an item of local heritage significance under the Liverpool Local Environmental Plan 2008 (Item No 99). Council engaged a heritage architect to prepare a Conservation Management Plan (CMP) which would guide the ongoing conservation, management, use and future capital improvement of this historically significant building.
The draft CMP was publicly exhibited from 19 February 2014 to 21 March 2014. No objections were received.
This report recommends that Council adopts the Conservation Management Plan for the Soldiers’ Memorial School of Arts building.
That Council adopts the Conservation Management Plan for the Soldiers’ Memorial School of Arts building. |
REPORT
The Soldiers’ Memorial School of Arts is situated at 306 Macquarie Street on the southern end of the central business area of Liverpool. Established in 1901, the School of Arts provided for functions in rented premises until the purpose designed building was constructed in 1924 and completed the following year. The building was officially opened on 28 March 1925 by Major-General Cox, a veteran of both the Boer War and WWI. In August 1925 the name of the building was altered from the School of Arts to the Soldiers’ Memorial School of Arts.
The property meets the historic, associative, aesthetic and social criteria for heritage listing and hence its place on the Heritage Schedule of the Liverpool Local Environmental Plan 2008. The building demonstrates a prominent educational and recreational facility in the heart of Liverpool from the early 20th century.
Council engaged David Scoobie Architects Pty Ltd to prepare a CMP for the Soldiers’ Memorial School of Arts building. The purpose of the CMP is to guide the ongoing conservation, management, use and future capital improvement of this historically significant building. The CMP contains the following key information:
· Detailed history of the building and its development;
· Assessment of significance, comparative analysis and a Statement of Significance;
· Assessment of the building’s current condition;
· Clear identification of the constraints and opportunities that affect the property; and
· Conservation policies and recommendations for any pertinent conservation works.
The draft CMP was publicly exhibited from 19 February 2014 to 21 March 2014. Advertisements were placed in the Liverpool Leader for five consecutive weeks commencing on 19 February 2014. A notice was erected on the subject property and on Council’s website under Public Notices. No objections were received from the public. Two submissions were received providing some historical information on the building and suggesting future uses for the property. Copies of these submissions are attached to this report.
This report recommends that Council adopts the Conservation Management Plan for the Soldiers’ Memorial School of Arts building.
CONSIDERATIONS
Economic and Financial |
The works identified within the Conservation Management Plan will be undertaken once the development to the rear has been completed. Accordingly a budget request will be submitted when Council is in a position to proceed with these works.
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Preserve and maintain heritage, both landscape and cultural as urban development takes place.
|
Civic Leadership and Governance |
Encourage the community to engage in Council initiatives and actions.
|
1.View |
Location Map |
2.View |
Draft Conservation Management Plan (Under separate cover) |
3.View |
Submission received from Mrs Alison Cukic |
4.View |
Submission received from Mrs Vicki Andrews |
247 |
|
GMGO 01 |
Draft Conservation Management Plan for the Soldiers' Memorial School of Arts building, 306 Macquarie Street, Liverpool |
Attachment 1 |
Location Map |
GMGO 01 |
Draft Conservation Management Plan for the Soldiers' Memorial School of Arts building, 306 Macquarie Street, Liverpool |
Attachment 3 |
Submission received from Mrs Alison Cukic |
GMGO 01 |
Draft Conservation Management Plan for the Soldiers' Memorial School of Arts building, 306 Macquarie Street, Liverpool |
Attachment 4 |
Submission received from Mrs Vicki Andrews |
Ordinary Meeting 28 May 2014
Governance Report
GMGO 02 |
Budget Request for Consultancy Services re Fire Certification Work |
Strategic Direction |
Liveable Safe City Improve the community’s sense of safety in Liverpool |
Key Policy |
Strategic Maintenance Plan |
File Ref |
102706.2014 |
Report By |
Julia Isgro - Acting Deputy General Counsel |
Approved By |
Nadia Napoletano - Group Manager Governance |
Executive Summary
Liverpool City Council is required to undertake building certification review to address various fire and safety issues. It is recommended that Council allocate a budget to undertake this review.
That Council:
1. Adopts the recommendations as detailed in the confidential report.
2. Keeps confidential the report pursuant to the provisions of S10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed confer a confidential advantage on a person with whom Council is conducting (or proposed to conduct) business. |
REPORT
Council’s audit of a number of fire certificates and building certificates issued by Council requires review by appropriately certified engineers.
Funding to facilitate this initiative is required.
CONSIDERATIONS
Economic and Financial |
Funding for the fire consultancy services is recommended to be funded by Council reserves. |
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
Provide information about Council’s services, roles and decision making processes. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct. |
253
Ordinary Meeting 28 May 2014
Infrastructure and Environment Report
GMIE 01 |
Warren Serviceway Car Park Fees and Charges |
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 |
088506.2014 |
Report By |
Charles Wiafe - Service Manager Traffic and Transport |
Approved By |
Raj Autar - Group Manager Infrastructure and Environment |
Executive Summary
Council, at its meeting held on 26 March 2014 resolved to amend the current parking fees and charges with the view to introducing negotiated corporate parking rates for the three off-street parking stations comprising Warren Serviceway, Bathurst Street and Northumberland Street car parks.
Council also resolved that the proposed changes be advertised in the local print media for a period of 28 days and the outcomes of the exhibition be reported back to Council.
The proposal to amend the parking fees and charges was advertised for a period of 28 days and at the time of writing this report, no feedback or objections had been received. A further update will be provided at the meeting on the final outcome of the exhibition and consultation process.
This report recommends that the Warren Serviceway, Bathurst Street and Northumberland Street Car Parks fees and charges be amended to include a corporate rate for companies operating in the Liverpool City Centre.
That Council:
1. Amends the fees and charges for the Warren Serviceway, Bathurst Street and Northumberland Street Car parks to include a corporate rate for companies operating in the Liverpool City Centre. The corporate rate will be determined through negotiation with these companies for permanent parking.
2. Delegates the Group Manager Infrastructure and Environment to negotiate and set the parking fees and charges in consultation with the Group Manager Governance and subject to approval of Chief Executive Officer.
|
REPORT
Council, at its meeting held on 26 March 2014 resolved to amend the current parking fees and charges with the view to introducing negotiated corporate parking rates for the three off-street parking stations comprising Warren Serviceway, Bathurst Street and Northumberland Street car parks.
Council also resolved that the proposed changes be advertised in the local print media for a period of 28 days and the outcomes of the exhibition be reported back to Council.
The proposal to amend the parking fees and charges was advertised for a period of 28 days. The advertisement sought written submissions on the proposed amendment by 21 May 2014. At the time of writing this report, no submissions had been received. A further update will be provided at the meeting on the final outcome of the exhibition and consultation process.
Subject to the final outcome of the exhibition period, this report recommends that the Warren Serviceway, Bathurst Street and Northumberland Street Car Parks fees and charges be amended to include a corporate rate for companies operating in the Liverpool City Centre.
The parking fees and charges will be negotiated from time to time by the Group Manager Infrastructure and Environment in consultation with the Group Manager Governance and will be subject to the approval by the Chief Executive Officer. Any negotiated corporate parking rate will take into consideration Council’s adopted fees and charges, benefits to Council and relevant companies.
CONSIDERATIONS
Economic and Financial |
Provide efficient parking for the City Centre. |
Environmental and Sustainability |
Support the delivery of a range of transport options. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
Deliver services that are customer focused. |
255
Ordinary Meeting 28 May 2014
Infrastructure and Environment Report
GMIE 02 |
WT2332 - Landscaping on Bernera Road, Prestons between Camden Valley Way and Kurrajong Road |
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 |
100461.2014 |
Report By |
Mir Sadique Hossain - Program Engineer - Roads |
Approved By |
Raj Autar - Group Manager Infrastructure and Environment |
Executive Summary
Council intends to enter into a contract with a suitably experienced and competent contractor to carry out Landscaping Works along Bernera Road between Camden valley Way and Kurrajong Road in Prestons.
There has been no contract in place previously for these works. Council has invited tenders and the report recommends that the contract be awarded to the preferred tenderer as outlined in the confidential report.
That Council:
1. Adopts the recommendation put forward in the confidential report provided under separate cover.
2. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. |
REPORT
Bernera Road between Camden Valley Way and Kurrajong Road is a major sub-arterial regional road and provides primary access to major commercial, industrial and residential areas and distribution centres within Prestons. Council has identified the need for road widening from a two-lane rural road to a four-lane urban road to support the current and future residential and industrial release areas of Prestons, Carnes Hill, Edmondson Park and Horningsea Park.
Significant road widening and reconstruction works have already been completed and following completion of major electrical works, the remaining road works are anticipated to be fully completed by December 2014.
The embellishment of the streetscape along Bernera and Kurrajong Roads comprise a key element of the streetscape strategy for the Prestons Roads Program and continues the streetscape works that have been recently completed by the Roads and Maritime Services along the adjoining State arterials.
The landscaping works along Bernera Road will cover an area of over two hectares and will include planting of native trees, shrubs and a range of native grasses and other vegetation.
The tender process was carried out in accordance with Council’s Procurement Policy and Procedures. Tenders were invited publicly via the Sydney Morning Herald on 18 March 2014, the Liverpool Leader and South West Advertiser on 19 March 2014 and was made available on the Council eTendering portal https://www.tenderlink.com/liverpoolcity from 11 March 2014.
Tenders closed at 3:00 pm on 10 April 2014 with the following submissions received (in alphabetical order):-
Tenderer |
Marsupial Landscape Management Pty Ltd |
O Landscape Pty Ltd |
Sterling Group Services Pty Ltd |
Undercover Landscapes Pty Ltd |
Preliminary assessment of the submissions was carried out to check for general compliance with the requirements of the selection criteria and the tender document. Full details of tenders and the evaluation are provided in a confidential report under separate cover.
CONSIDERATIONS
Economic and Financial |
The recommendation has been provided for within the 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. Further, the planting of native trees and shrubs will provide a green streetscape and buffer the impacts of a major sub-arterial road. |
Social and Cultural |
Improved and aesthetically pleasing infrastructure. |
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. |
258
Ordinary Meeting 28 May 2014
Planning and Growth Report
GMPG 01 |
Post Exhibition Report of draft Amendment No 43 to LLEP 2008- Clause 4.2B |
Strategic Direction |
Liveable Safe City Deliver an efficient planning system which embraces sustainable urban renewal and development |
Key Policy |
Urban Development Plans |
File Ref |
070580.2014 |
Report By |
Katie Miles - Strategic Planner |
Approved By |
Carole Todd - Acting Group Manager Planning and Growth |
Executive Summary
Draft Amendment No. 43 seeks to insert Clause 4.2B into the written instrument to allow the subdivision or boundary realignment between undersized lots within rural, residential and environmental zones. The amendment has been through a public exhibition and is now being recommended for adoption to send to the NSW Planning & Infrastructure to be made.
Council endorsed the planning proposal for Liverpool Local Environmental Plan (LLEP) draft Amendment No. 43 on the 18 December 2013. It was forwarded to NSW Department of Planning for Gateway Determination.
The Gateway Determination was received by Council on 21 February 2014, with the public exhibition period being held from 12 March 2014 to the 25 March 2014 in accordance with the required 14 day exhibition period. During this time no pubic submissions were received.
It is therefore recommended that Council adopt Amendment No. 43 so that the plan can enter the final stages of gazettal by NSW Planning & Environment.
That Council resolves to adopt Amendment No 43 as amended and refer to NSW Planning & Environment for the plan to be gazette (notified). |
REPORT
Background
This draft LEP amendment relates to DA-1696/2012 at 40 Church Road in Denham
Court, and Council’s resolution on 26 June 2013 to refuse the subdivision
plan due to non-compliance with the LLEP 2008 Clause 4.6.
Clause 4.6 prohibits the subdivision of land into lots below the minimum lot size, irrespective of the fact that the lots were already below the minimum lot size and the proposal offered a better planning outcome. As a result Council wrote to NSW Planning & Environment to investigate alternate options which would allow for flexibility regarding minimum lot sizes for subdivisions.
NSW Planning & Environment provided a sample clause which they considered appropriate for this scenario and application into the LLEP, and at the Council Meeting held on the 18 December 2013, Council resolved to prepare a planning proposal with the proposed draft clause and Gateway Determination was requested.
Public Exhibition Summary
The Gateway Determination was received on the 21 February 2014 and draft Amendment No. 43 being placed on public exhibition from 12 March – 25 March 2014 in accordance with the requirements. No submissions were received during this time.
The three proposed changes of Amendment No. 43 are stated below for reference:
Insert Clause 4.2B
1. Boundary changes between lots in certain rural, residential and environmental protection zones.
(1) The objective of this clause is to permit the boundary between 2 lots to be altered in certain circumstances, to give landowners a greater opportunity to achieve the objectives of a zone.
(2) This clause applies to land in any of the following zones:
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone R5 Large Lot Residential,
(e) Zone E1 National Parks and Nature Reserves,
(f) Zone E2 Environmental Conservation,
(g) Zone E3 Environmental Management.
(3) Despite clause 4.1(3), development consent may be granted to the subdivision of 2 adjoining lots, being land to which this clause applies, if the subdivision will not result in any of the following:
(a) An increase in the number of lots,
(b) An increase in the number of dwellings on, or dwellings that may be erected on, any of the lots.
(4) Before determining a development application for the subdivision of land under this clause, the consent authority must consider the following:
(a) The existing uses and approved uses of other land in the vicinity of the subdivision,
(b) Whether or not the subdivision is likely to have a significant impact on land uses in the vicinity of the development,
(c) Whether or not the subdivision is likely to be incompatible with a use referred to in paragraph (a) or (b),
(d) Whether or not the subdivision is likely to be incompatible with a use on land in any adjoining zone,
(e) Any measures proposed by the applicant to avoid or minimise and incompatibility referred to in paragraph (c) or (d),
(f) Whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,
(g) Whether or not the subdivision is likely to have an adverse impact on the environmental values or agriculture viability of the land.
(5) This clause does not apply:
(a) In relation to the subdivision of individual lots in a strata plan or a community title scheme, or
(b) If the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.
2. Delete reference to zones RU3 Forestry, RU6 Transition, and Zone E4 Environmental Living from Clause 4.6(6) as these zones are not present in the Liverpool Local Government Area.
3. Delete reference to the zone RU6 Transition from Clause 4.2(2)(d) as this is not present within the Liverpool Local Government Area.
Parliamentary Counsel Opinion
Following the public exhibition period the planning proposal was forwarded to the Parliamentary Counsel for their opinion on the legal drafting of the instrument. They provided consent for Clause 4.2B to continue amended however, in reference to the second and third proposed change, Parliamentary Counsel note that their inclusion in the clause is made mandatory by the Standard Instrument (SI) Order 2006 and cannot be amended. Instead, a note will be added after clauses 4.2(2) and 4.6(6) stating that when this Plan was made it did not include all of these zones.
These amendments are considered very minor and retain the intent of the clause. This minor change does not warrant the re-exhibition of the amendment material.
Conclusion
Through the proposed amendment Council is seeking to allow flexibility to the consideration of boundary changes in certain rural, residential and environmental protection zones. The planning proposal has been amended in accordance to the legal advice received by the Parliamentary Counsel. The planning proposal is recommended for Council adoption so that the draft Amendment can proceed to NSW Planning and Infrastructure for Gazettal.
CONSIDERATIONS
Economic and Financial |
There are no economic and financial considerations. |
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Regulate for a mix of housing types that responds to different population groups such as young families and older people. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
1.View |
Amended Planning Proposal - April 2014 (Amdt 43). |
2.View |
Parliamentary Counsel Opinion Amendment No. 43 |
261 |
|
GMPG 01 |
Post Exhibition Report of draft Amendment No 43 to LLEP 2008- Clause 4.2B |
Attachment 1 |
Amended Planning Proposal - April 2014 (Amdt 43). |
GMPG 01 |
Post Exhibition Report of draft Amendment No 43 to LLEP 2008- Clause 4.2B |
Attachment 2 |
Parliamentary Counsel Opinion Amendment No. 43 |
Ordinary Meeting 28 May 2014
Planning and Growth Report
GMPG 02 |
DA-834/2008 - S96 Modification at 65-69 Castlereagh Street, Liverpool |
Strategic Direction |
Liveable Safe City Deliver an efficient planning system which embraces sustainable urban renewal and development |
Key Policy |
Urban Development Plans |
File Ref |
077268.2014 |
Report By |
Brendon Clendenning - Senior Development Planner |
Approved By |
Carole Todd - Acting Group Manager Planning and Growth |
Executive Summary
Council is in receipt of a modification application which has been made pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979, seeking to modify Development Consent DA-834/2008.
Development Consent by way of a Deferred Commencement was granted at the Council meeting on 3 June 2008 for a ten-storey residential flat building containing 44 units, and three levels of basement car parking at 65-69 Castlereagh Street, Liverpool. The consent was made operative on 5 September 2008 and physical commencement took place on 5 September 2013, according to evidence submitted by the applicant on 5 November 2013, which is considered to be satisfactory.
Two subsequent modifications were lodged in 2013. The Modification Application, DA-834/2008/A, sought to delete a level of basement car parking, delete one floor level of the residential flat building and provide minor internal floor plan changes. This application was approved by Council at its meeting on 6 December 2013. Modification Application DA-834/2008/B, sought changes to conditions relating to acoustics, privacy screening, street paving, and lot consolidation. This application was approved by Council at its meeting on 28 August 2013, which was prior to the approval of DA-834/2008/A.
This modification, DA-834/2008/C, seeks under Section 96 of the Environmental Planning and Assessment Act (EP&AA) 1979, to provide a roof over the driveway entry, and seeks to rectify inconsistencies with the plans. The modifications are discussed in detail later in this report.
The application is reported to Council for consideration and determination based on Council’s resolution requiring modification applications to be reported to the full Council for determination, where the original application was also determined by Council.
The modification application has been assessed in accordance with the provisions of Section 96 and Section 79C of the EP&AA 1979. The modifications are appropriate and of minimal environmental impact and the development would remain substantially the same development as was originally approved. Assessment of the application has been undertaken, and has concluded that these amendments are satisfactory and will not result in any adverse impacts upon the locality. Accordingly, it is recommended that the consent be modified as detailed within this report. On this basis, it is recommended that Modification Application DA-834/2008/C be approved, subject to amended conditions of consent.
That Council approves modification to Development Consent DA-834/2008 and amends the development consent in the following way:
Condition No. 1 is amended to read as follows:
1. Development must be carried out in accordance with Development Application received on 13 February 2008 and as modified in application DA-834/2008/A, DA-834/2008/B and DA-834/2008/C as follows:
(a) Architectural plans prepared by Ron C Dunkley Architects and Associates, and Simon Chan + Associates Pty Limited as follows:
· Basement 2 Plan Drawing No. A1, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Basement 1 Plan Drawing No. A2, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Roof Plan Drawing No. A12, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · East Elevation Drawing No. GA14, Project No 1120 as amended in modification application DA-834/2008/C made on 11 November 2013 · West Elevation Drawing No. GA15, Project No 1120 as amended in modification application DA-834/2008/C made on 11 November 2013 · North Elevation Drawing No. A15, Project No 1120 as amended in modification application DA-834/2008/C made on 11 November 2013 · Northern Elevation at Northern Boundary Drawing No. GA18, Project No 1120 as amended in modification application DA-834/2008/C made on 11 November 2013 · Southern Elevation Drawing No. GA16, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Section A-A Drawing No. A17, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Ground Floor Plan Drawing No. GA4, Project No 1120 as amended in modification application DA-834/2008/C made on 11 November 2013 · Level 1 Floor Plan Drawing No. A4, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Level 2 Floor Plan Drawing No. A5, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Level 3 Floor Plan Drawing No. A6, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Level 4 Floor Plan Drawing No. A7, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Level 5 Floor Plan Drawing No. A8, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Level 6 Floor Plan Drawing No. A9, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Level 7 Floor Plan Drawing No. A10, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Level 8 Floor Plan Drawing No. A11, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 (b) Concept Stormwater Management layout and Sediment and Erosion Control Layout as amended, prepared by AWL design, Drawing No. SW8007-S1 Issue B and dated 28 March 2008
(c) Landscape Plan prepared by Precinct Landscapes Drawing No. 1512A-3 and dated 25 June 2008
(d) Acoustic Assessment prepared by Wilkinson Murray Pty Limited, Report No. 08050 Version A and dated February 2008
(e) Schedule of External Finishes and Colours
(f) BASIX Certificate Number 178352M and dated 25 January 2008
(g) Waste Management Plan prepared by Ron C Dunkley and Associates P/L and dated 6 February 2008
|
REPORT
The Site
The subject site was previously identified as Lots 16, 17 and 18 in DP 5935, being 65-69 Castlereagh Street, Liverpool. However, the three lots were recently consolidated into one allotment legally known as Lot 100 DP 1190272. The subject site is identified in Figure 1 in this report.
Subject Site Castlereagh Street Moore Street Copeland Street
§ Figure 1 Aerial photograph of the subject site
Background
Council at its ordinary meeting on 26 May 2008, granted a deferred commencement consent to DA-834/2008 for the construction of a ten-storey residential flat building containing 44 units and 3 levels of basement parking.
Two subsequent modifications were lodged in 2013. The modification application, DA-834/2008/A, sought to delete a level of basement car parking, delete one floor level of the residential flat building and provide minor internal floor plan changes. This application was approved by Council at its meeting on 6 December 2013. DA-834/2008/B sought changes to conditions relating to acoustics, privacy screening, street paving, and lot consolidation. This application was approved by Council at its meeting on 28 August 2013, which was prior to the approval of DA-834/2008/A.
The consent was made operative on 5 September 2008 and physically commenced on 5 September 2013, according to evidence submitted by the applicant on 5 November 2013. Site works are currently underway, including excavation and earthworks.
The Proposal
The proposed modifications involve amendments to Development Consent DA-834/2008 detailed as follows:
· Provide a roof over the entry to the car park driveway.
· Changes to the basement floor levels.
· Provision of greater detail on the following elements:
o The northern ground floor fences (these were not depicted on the previously approved Section 96 application elevation plans, but were shown as similar structures on the original DA plans).
o The western pedestrian access ramp.
o The basement ramp at the entry to the basement car park.
Note: aside from the roof over the driveway, the above elements were previously included as part of the application, but were shown only on the site and floor plans, and not shown on the approved elevations and sections. The proposed modifications would have the effect of providing greater detail of these elements in elevation.
Statutory Considerations
The development application has been assessed against all relevant matters of consideration as required by Section 79C and Section 96 of the EP&AA 1979. The key issues identified as part of the assessment process are addressed below.
Section 96(1A) of Environmental Planning and Assessment Act 1979
The modification application has been assessed in accordance with the relevant matters of consideration prescribed by Section 96(1A) of the Act and is considered to be acceptable and satisfactory.
Section 79C of Environmental Planning and Assessment Act 1979
The modification application has also been assessed in accordance with the relevant matters of consideration prescribed by Section 79C of the EP&AA 1979 and is considered to be acceptable and satisfactory.
Liverpool Local Environmental Plan (LLEP 2008)
The subject site is zoned R4 High Density Residential pursuant to LLEP 2008. The modification is to an approved development that is defined as a residential flat building, which is permissible in the R4 zone. Note that the original application was assessed primarily against Liverpool Local Environmental Plan 1997, as Liverpool Local Environmental Plan 2008 was in draft form when the application was determined. An extract of the current zoning map is provided in Figure 2 in this report.
Subject Site
§ Figure 2 Extract of LLEP 2008 Zoning Map.
Principal Development Standards
The LLEP 2008, contains a number of principal development standards which are relevant to the proposal. Assessment of the application against the relative standards is provided below. The proposal demonstrates full compliance with the standards and is acceptable.
LLEP DEVELOPMENT PROVISION |
REQUIRED |
PROPOSED |
COMPLIANCE (and percentage of variation) |
Clause 4.3 Height of Buildings
|
Maximum height of 35 metres is permitted.
|
The original application was a maximum height of approximately 31m in height. The additional elements of the proposal are less than 5m in height. |
Yes |
Clause 4.4 Floor Space Ratio
|
Pursuant to the FSR map and Clause 4.4(2B), the maximum FSR for the site is 2:1 |
The original application was approved with a floor space ratio of 2.17:1, which was less than the maximum of 3.49:1, which was permissible at the site pursuant to LLEP 1997. The Modification Application, DA-834/2008/A, resulted in a reduction in the floor space ratio. The proposed modification seeks no increase in the floor area at the site, and therefore no further consideration of the floor space ratio is required. |
Proposal does not comply with LLEP 2008; however, no increase in floor area is proposed as part of this modification application |
Clause 7.14 Minimum Building Street Frontage |
Minimum building street frontage of 24m |
The consolidation of all three lots provided a frontage of 35.91 metres, which exceeds the minimum frontage requirement of 24 metres required. |
Yes |
Based on the above, it is considered that the proposal is generally consistent with the principle development standards contained with the LLEP.
It is noted that the proposed modifications are also generally consistent with the provisions of the LDCP 2008.
Relevant Matters for Consideration
The application has been assessed in accordance with the relevant matters for consideration prescribed by Section 79C and 96(1A) of the EP&AA 1979.
(1A) Modifications involving minimal environmental impact
A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:
(a) it is satisfied that the proposed modification is of minimal environmental impact, and
The proposed modifications relate to the provision of a roof over an approved driveway area, and to provide consistency amongst the plans. The proposed changes will not create any significant environmental impacts.
(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and
Consent was originally granted for a ten storey residential flat building containing 44 units, and three basement levels. The proposed modifications will not modify the development in a significant way, and will result in substantially the same development for which consent was originally granted.
(c) it has notified the application in accordance with:
(i) the regulations, if the regulations so require, or
(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and
The application was not notified given the minor nature of the proposed modifications.
(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.
There were no submissions received.
Section 79C Relevant matters for consideration
An assessment of the application against the relevant matters for consideration prescribed by Section 79C of the EP&AA 1979 has been undertaken. This assessment has concluded that the proposed modifications are acceptable and unlikely to result in any adverse impacts.
Changes to conditions
There are no new conditions imposed as a consequence of the modification application. Rather, the only required changes to the conditions of consent are those necessary to reflect the amended plans.
No other changes to the conditions are required.
Conclusion
The application has been assessed against the relevant considerations prescribed by Sections 79C and 96(1A) of the EP&AA 1979 as canvassed in detail in the above report.
Following this assessment of the proposal, it is considered that the proposed modifications are minor and will not result in any adverse environmental impacts. On this basis, it is recommended that consent be granted to Modification Application DA-834/2008.
CONSIDERATIONS
Economic and Financial |
Enhance the environmental performance of buildings and homes.
|
Environmental and Sustainability |
Enhance the environmental performance of buildings and homes.
|
Social and Cultural |
Regulate for a mix of housing types that responds to different population groups such as young families and older people.
|
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
1.View |
Signed Decision Notice - DA-834/2008 |
2.View |
Signed Decision Notice - DA-834/2008/A |
3.View |
Signed Decision Notice - DA-834/2008/B |
4.View |
Combined Modification Plans - Section 96 modification |
287 |
|
GMPG 02 |
DA-834/2008 - S96 Modification at 65-69 Castlereagh Street, Liverpool |
Attachment 1 |
Signed Decision Notice - DA-834/2008 |
GMPG 02 |
DA-834/2008 - S96 Modification at 65-69 Castlereagh Street, Liverpool |
Attachment 2 |
Signed Decision Notice - DA-834/2008/A |
GMPG 02 |
DA-834/2008 - S96 Modification at 65-69 Castlereagh Street, Liverpool |
Attachment 3 |
Signed Decision Notice - DA-834/2008/B |
GMPG 02 |
DA-834/2008 - S96 Modification at 65-69 Castlereagh Street, Liverpool |
Attachment 4 |
Combined Modification Plans - Section 96 modification |
Ordinary Meeting 28 May 2014
Planning and Growth Report
GMPG 03 |
Post Exhibition LLEP Amendment No. 36 - Cemeteries & Crematoria and draft DCP controls. |
Strategic Direction |
Liveable Safe City Deliver an efficient planning system which embraces sustainable urban renewal and development |
Key Policy |
Urban Development Plans |
File Ref |
080448.2014 |
Report By |
Katie Miles - Strategic Planner |
Approved By |
Carole Todd - Acting Group Manager Planning and Growth |
Executive Summary
Draft Amendment No. 36 to the LLEP 2008 and the supporting DCP amendment seek to introduce greater controls for the assessment of cemeteries and crematoria. Having been through public exhibition they are now recommended for adoption.
Council endorsed the draft planning proposal and draft Development Control Plan (DCP) amendments on the 30 October 2013. The Gateway Determination was received on 13 January 2014 which supported the:
· Removal of crematoria as a permitted with consent use from zone B6 Enterprise Corridor; and
· Deletion cemeteries as a permissible with consent use from RE1 Public Recreation and RE2 Private Recreation.
However, the Department did not support the proceeding with:
· Removal of cemeteries and crematoria land uses from RU1 and RU4 Primary Production zones; and
· Removal of the crematoria land use from IN2 Light Industrial.
The modified planning proposal was placed on public exhibition period from 29 January 2014 to 4 March 2014 in accordance with the Gateway Determination. During this time 22 public submissions were received with all but one supporting the progression of the draft LLEP and DCP amendments.
In line with the LEP Plan Making Delegation requirements Council Officers sought Parliamentary Counsel (PC) opinion on the legal drafting of the LLEP amendment. PC has provided correspondence which supports the draft amendment (see attached) which makes no amendments to the plan that was exhibited.
It is therefore recommended that Council adopt draft DCP amendments to Cemeteries and Crematoria and Amendment No. 36 as drafted so that the plans can enter the final stages of gazettal under sections 59(2) and (3) of the Environmental Planning and Assessment Act 1979.
Given the Department’s continued opposition to prohibiting cemeteries and crematoria in rural zones, it is further recommended that a letter be written to the Cemeteries Reform Group (CRG) detailing local concerns around cemeteries and crematoria within the rural areas of Liverpool. The CRG is a sub-set of the NSW Department Primary Industries who have been newly appointed to formulate sub-regional burial strategy plans for Metropolitan Sydney.
That Council:
1. Adopts LLEP 2008 Amendment No. 36 and refer it to NSW Planning & Environment for the plan to be gazetted on the NSW Government legislation website.
2. Adopts the draft DCP 2008 amendments to come into effect upon publication of a notice in the local paper.
3. Resolves to write to the Cemetery Reform Group outlining issues and concerns surrounding cemeteries and crematoria land use permissibility in rural areas within the Liverpool LGA. |
REPORT
History
Since 2010 Council has received multiple development applications for cemeteries and crematoria which have approved 90,380 burial plots and over 45,100 ash internments in rural zonings located around Greendale and Bringelly. This is an excessive amount of burial space and is beyond the needs of both Liverpool and the South Western Sydney Region.
In March 2012, a planning proposal was prepared and submitted to the Department of Planning and Infrastructure to restrict the development of cemeteries and crematoria in primary agriculture rural areas. It was not supported due to insufficient consideration of broader planning issues.
Another planning proposal was then formulated and sent to the Department in December 2013, which outlined the broader planning issues and was supported by an analysis of the future population and mortality rates of Liverpool, Western Sydney and Metropolitan Sydney. Still, the request to remove cemeteries and crematoria from rural areas was denied by the State Government however minor amendments regarding environmental and business zones were supported.
These minor amendments were:
· Removal of crematoria as a permitted with consent use from zone B6 Enterprise Corridor; and
· Deletion cemeteries as a permissible with consent use from RE1 Public Recreation and RE2 Private Recreation zones.
Public Exhibition Summary
The Gateway Determination was received on 13 January 2014 with draft Amendment No. 36 being placed on public exhibition from 29 January 2014 to 4 March 2014. During this time 22 public submissions were received with all but one supporting the progression of the draft LLEP and DCP amendments. The comments received are summarised in the attached submissions evaluation table.
There were seven minor changes to the DCP amendments which were made as a result of the submissions received. This incorporated the inclusion of two new clauses and minor changes to the wording of 3 clauses. It is important to note that no deletions occurred, only minor changes to the wording and referencing therefore no re-exhibition is required.
It is important to note that the majority of submissions from the local community made reference to the removal of cemeteries and crematoria as permissible with consent uses from rural areas as something that should be further pursued. Council supports this notion however as planning proposal have continually been blocked by the State Government, it is recommended that further consultation with the newly formed Cemeteries Reform Group (CRG) be initiated.
This would ensure that the group is aware of land use issues arising in Liverpool so that the CRG can incorporate these concerns appropriately into their Sub-regional burial strategies for Metropolitan Sydney. Once the Sub-regional burial strategies have been made, it will provide sufficient justification to underpin future amendments regarding cemeteries and crematoria in rural areas.
Parliamentary Counsel Opinion
Following the public exhibition period the planning proposal was forwarded to NSW Parliamentary Counsel for their opinion of the legal drafting of the instrument. They provided consent for draft Amendment No. 36 to continue unamended.
Conclusion
The draft LLEP Amendment No. 36 seeks to reduce the number of zones where cemeteries and crematoria are permissible. The amendment has been exhibited in line with the gateway determination and broad support for the changes was expressed through the consultation period. The draft amendment is recommended for adoption so that it may proceed to the NSW Planning & Environment for Gazettal.
Similarly the draft DCP Amendments also seeks to introduce necessary restrictions to apply to cemeteries and crematoria. The changes proposed are considered of a minor nature and are consistent with the intended controls for these uses. It is recommended that these changes to the DCP be adopted by Council.
CONSIDERATIONS
Economic and Financial |
Facilitate economic development. |
Environmental and Sustainability |
Manage the environmental health of waterways. Manage air, water, noise and chemical pollution. Retain viable opportunities for local food production while managing land use to meet urban growth. Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses. |
Social and Cultural |
Preserve and maintain heritage, both landscape and cultural as urban development takes place. |
Civic Leadership and Governance |
Act as an environmental leader in the community. Encourage the community to engage in Council initiatives and actions. Actively advocate for federal and state government support, funding and services. |
1.View |
Parliamentary Counsel Opinion Amendment No. 36 |
2.View |
Draft DCP Amendments - Post Exhibition Update |
3.View |
Submission Summary Tables LLEP & DCP Provisions |
329 |
|
GMPG 03 |
Post Exhibition LLEP Amendment No. 36 - Cemeteries & Crematoria and draft DCP controls. |
Attachment 1 |
Parliamentary Counsel Opinion Amendment No. 36 |
GMPG 03 |
Post Exhibition LLEP Amendment No. 36 - Cemeteries & Crematoria and draft DCP controls. |
Attachment 2 |
Draft DCP Amendments - Post Exhibition Update |
GMPG 03 |
Post Exhibition LLEP Amendment No. 36 - Cemeteries & Crematoria and draft DCP controls. |
Attachment 3 |
Submission Summary Tables LLEP & DCP Provisions |
Ordinary Meeting 28 May 2014
Planning and Growth Report
GMPG 04 |
DA-903/2012 - S96 Modification to residential flat building. Lot 102 - DP 1102856, 3 George Street, Warwick Farm |
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 |
097018.2014 |
Report By |
Maureen Miraziz - Development Planner |
Approved By |
Carole Todd - Acting Group Manager Planning and Growth |
Executive Summary
Council officers have received and considered a Section 96 Modification Application seeking consent for minor internal amendments to DA-903/2012, which was approved by Council at its meeting on 27 March 2013.
The approved development involved the construction of two residential flat buildings on the site where both buildings are eight storeys in height. Block A has 32 residential units, and Block B has 55 residential units, both containing two levels of basement car parking.
The application has been made pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979 (EP&AA). The purpose of the modification is for minor internal reconfiguration of a portion of the subject units. The amendments to the layouts of the subject units will be internal only and will not result in any changes to the building height, FSR and external facades. The modifications require an amendment to Condition No.1 of the Development Consent in order to update the approved plans.
The application is reported to Council for consideration and determination as a result of a Council resolution requiring that all modification applications where the original Development Application was determined by Council, be reported back to elected Council for determination.
The application has been assessed in accordance with the provisions of Section 96 and Section 79C of the EP&AA. It is considered to be acceptable and consistent with the provisions of the Act. The modifications are minor and of minimal environmental impact, and the development would remain substantially the same development as that to which Consent was originally granted, despite the modifications.
On this basis, it is recommended that Modification Application No. DA-903/2012/A be approved subject to the recommended conditions of consent attached
That Council approves Modification Application DA-903/2012/A involving minor internal layout amendments and amends Condition No.1 of Development Consent DA-903/2012, as outlined within attachment 1.
|
REPORT
Background
Council at its ordinary meeting on 27 March 2013 granted approval to DA-903/2012 for the construction of two residential flat buildings on the site, where both buildings are eight storeys in height. The building identified as Block A contains a total of 32 residential units and the building identified as Block B contains a total of 55 residential units, each with two basement parking levels. The subject Modification Application proposes minor amendments to the internal floor layout approved under DA-903/2012.
The Site
The subject site is identified as corner Lot 102 in DP 1102856, being 3 George Street, Warwick Farm. The subject site is identified in Figure 1.
Figure 1: Aerial photograph of the subject site
Figure 2: Development site as viewed from Hume Highway
The Proposal
The Section 96 Modification Application seeks to modify the approved floor layout of the units as outlined below, with the purpose of improving access and amenity:
· Block A – level 1 Unit 101, level 2 Unit 201, level 3 Unit 301, level 4 Unit 401, level 5 Unit 501, level 6 Unit 601, level 7 Unit 701 & level 8 Unit 801:
o Bedroom 1 enlarged by the relocation of the laundry to the kitchen area; and the dining room area reduced as a result.
· Block B - level 3; Unit 308, level 4 Unit 408, level 5 Unit 508, level 6 Unit 608, level 7 Unit 708 & level 8 Unit 808:
o Mirror reversing of unit layouts, reconfiguration of room design and creation of a larger entry corridor by the deletion of a riser duct (SR).
· Block B - level 1:
o Deletion of duct risers (SR) and (ST), creating a storage room with a door opening to the Community room.
· Block B – level 1 Unit 110, level 2 Unit 210, level 3 Unit 310, level 4 Unit 410, level 5 Unit 510, level 6 Unit 610, level 7 Unit 710 & level 8 Unit 810:
o Entry door relocated, reconfiguration of Bedroom 1 and entry layout.
· Block B – level 1 Unit 111, level 2 Unit 211, level 3 Unit 311, level 4 Unit 411, level 5 Unit 511, level 6 Unit 611, level 7 Unit 711 & level 8 Unit 811:
o Entry door relocated; kitchen, laundry and bathroom relocated and reconfigured; and reconfiguration of Bedroom 1.
The issues
The subject modifications require an amendment to Condition No.1 to reflect the amended plans depicting the revised layout.
Exhibition of Proposal
In accordance with EP&A Act and the EP&A Regulation, the Section 96 Modification Application was not required to be publicly exhibited or notified due to the minor nature of the modifications sought.
Statutory Considerations
The development application has been assessed against all relevant heads of consideration as required by Section 79C and Section 96 of the Environmental Planning and Assessment Act 1979. The key issues identified as part of the assessment process are addressed below.
Section 96(1A) of Environmental Planning and Assessment Act 1979
The application is considered to be acceptable with respect to provisions of Section 96(1A) of the Act as follows:
· The modifications would result in minimal environmental impact; and
· Despite the modifications, the development remains substantially the same development as originally approved.
Section 79C of Environmental Planning and Assessment Act 1979
The application is also considered to be acceptable with respect to the provisions of Section 79C of the Act as follows:
· the modifications do not result in any variation to provisions of relevant environmental planning instruments such as Liverpool Local Environmental Plan (LLEP) 2008 or development control plans;
· the modifications do not affect any provisions within the EP&A Regulation 2000;
· due to the minor internal changes within the building envelope, the proposed modifications do not impact the natural or built environment, as the work is contained within the approved building envelope;
· the modifications are unlikely to result in any negative social impacts within the locality;
· the modifications are unlikely to cause detrimental economic impacts in the locality; and
· the site remains suitable for the development despite the modifications.
Liverpool Local Environmental Plan 2008 (LLEP 2008)
The subject site is zoned R4 High Density Residential pursuant to the LLEP 2008. The modification is to an approved development that is defined as a residential flat building and is permissible in the R4 zone. An extract of the zoning map is provided in Figure 3.
The modification does not result in any variations to any LLEP 2008 provisions or development standards.
Figure 3: Extract of LLEP 2008 Zoning Map.
Conclusion
Based on assessment of the application, the proposal is acceptable and consistent with the provisions of Section 96 and Section 79C of the EP&A Act, 1979 in that the proposal involves a minor modification that is of minimal environmental impact; and does not substantially change the development when compared with the original approval.
CONSIDERATIONS
Economic and Financial |
There are no economic and financial considerations. |
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
1.View |
Applicant and Land Owner details |
2.View |
Conditions of consent - DA-903/2012 (Under separate cover) |
3.View |
Amended Condition of Consent DA-903/2012/A |
4.View |
Modified Architectural Plans |
353 |
|
GMPG 04 |
DA-903/2012 - S96 Modification to residential flat building. Lot 102 - DP 1102856, 3 George Street, Warwick Farm |
Attachment 1 |
Applicant and Land Owner details |
GMPG 04 |
DA-903/2012 - S96 Modification to residential flat building. Lot 102 - DP 1102856, 3 George Street, Warwick Farm |
Attachment 3 |
Amended Condition of Consent DA-903/2012/A |
GMPG 04 |
DA-903/2012 - S96 Modification to residential flat building. Lot 102 - DP 1102856, 3 George Street, Warwick Farm |
Attachment 4 |
Modified Architectural Plans |
Ordinary Meeting 28 May 2014
Planning and Growth Report
GMPG 05 |
Voluntary Planning Agreement between Liverpool City Council and Hydrox Nominees Pty Ltd |
Strategic Direction |
Vibrant Prosperous City Assist exiting businesses to grow, innovate and become more competitive |
Key Policy |
Economic Development Strategy |
File Ref |
097995.2014 |
Report By |
Tanya O'Brien - Manager Strategic Planning |
Approved By |
Carole Todd - Acting Group Manager Planning and Growth |
Executive Summary
Council has received an offer to enter into a planning agreement by Hydrox Nominees Pty Ltd in relation to approved development of land at Warwick Farm. The development is for a Masters Hardware store at Lot 1 DP 1162276, being Lot 1 Governor Macquarie Drive Warwick Farm. The existing conditions of consent relating to the site require the provision of flood detention works on the site. The applicant’s flood engineers have now proposed that as the extent of flood impact is insignificant and within the margin of error of the Flood Model, that the conditions are onerous and an alternate solution is proposed.
Council’s engineers have considered this argument and agree that a mechanism to manage the cumulative impact of filling in the floodplain needs to be established. This report therefore recommends the creation of a Georges River Flood Mitigation Reserve to collect contributions toward future flood mitigation works in the Georges River floodplain. Given that the contribution offered provides a public benefit, this report recommends placing on exhibition the draft planning agreement for public consideration and comment.
That Council:
1. Publicly exhibit the Planning Agreement between Liverpool City Council and Hydrox Nominees Pty Limited for a minimum of 28 days.
2. Delegates to the Chief Executive Officer (or Acting), subject to considerations of any changes following public exhibition, to enter into and execute the Planning Agreement in the form that is publicly exhibited or with minor alterations.
3. Notes that if changes (other than typographical or grammatical corrections) arise from the public exhibition process that these will be reported back to Council.
4. Notes that this delegation is within the powers that can be dedicated under Section 377 of the Local Government Act 1993.
5. Create a Financial Reserve called the Georges River Flood Mitigation Reserve to hold funds collected from Hydrox Nominees Pty Ltd toward the future use for Flood Mitigation works within the Georges River catchment.
6. Receive a future report noting the aims and possible benefits of the Georges River Flood Study to be prepared by Council’s Group Manager Infrastructure and Environment.
7. If executed, place the $550,000 provided through this Planning Agreement in the Georges River Flood Mitigation Reserve.
|
REPORT
Purpose of the Planning Agreement
This Planning Agreement has been offered to Council by Hydrox Nominees Pty Ltd to facilitate contributions toward flood storage works in association with the development of the subject site, Lot 1 DP 1162276 of Governor Macquarie Drive, Warwick Farm. Approval was granted at the 14 February 2013 Sydney West Joint Regional Planning Panel (JRPP) meeting for the site to be developed into a Masters Hardware Store (DA-1321/2011).
This Planning Agreement requires the owners of the subject site to contribute $550,000 toward a new Flood Mitigation Fund to be created to allow Council to offset the cumulative impacts of filling along the Georges River.
Background
The subject site was rezoned in 2011, in response to an application to make permissible the development of a Masters Hardware Store. At the time of rezoning, the applicant provided information that the site could accommodate filling if appropriate compensatory storage could be accommodated in close proximity to the subject site. At the time it was proposed that compensatory flood storage would be provided on the nearby Australian Turf Club site.
The applicant; Hydrox Nominees Pty Ltd, were granted consent for a Masters Hardware Store at the JRPP meeting of 14 February 2013 (DA-1321/2011) in which approval was given for the filling of certain areas of the site subject to the provision of Flood plain storage volume (see conditions 41 and 42 below).
Flooding (DA-1321/2011)
41. There shall be no net loss of floodplain storage volume below the 1% AEP flood. The flood storage compensatory works shall be carried out as indicated in Flood Assessment Report, Proposed Home Improvement Centre Warwick Farm by FloodMit dated April 2011, Ref: J1102_R2.doc and Letter Reports by FloodMit dated 31 August 2012, Ref: J1225_L2.doc and dated 02 August 2011, Ref: J1115_L1. Prior to Issue of Construction Certificate, the developer shall submit drawings providing the details of flood storage compensatory works and calculations of cut and fill volume.
42. The flood storage compensatory works shall be completed prior to earth filling below the 1% AEP flood.
Subsequent to the approval of DA-1321/2011, the applicant lodged a Section 96 Application in July 2013 to delete or amend some conditions within the original conditions of consent.
The applicant proposed to delete and amend the requirement for compensatory flood storage and associated flood control measures required for the development. The conditions on the original DA were imposed as a result of flood analysis initiated from the re-zoning stage and confirmed through the detailed design stage. The conditions were imposed in accordance with Councils flood impact policy. The policy applies to all properties affected by flooding under the 1% Annual Exceedance Probability (AEP) events. The proposed changes (deletion) of the flooding and excavation measures were not supported by Council’s engineers.
At the Council meeting 25 February 2014, the Section 96 application was considered by Council and was delegated for determination to the Chief Executive Officer.
Following the resolution by Council, Hydrox Nominees Pty Ltd has been seeking an alternative solution in regards to the flood mitigation. An alternate solution has been negotiated by Council’s Group Manager Infrastructure & Environment and agreed by the CEO which requires Hydrox Nominees to contribute $550,000 to the Georges River Flood Mitigation Reserve created by this report.
Impact on Flood Waters by Filling of the Masters Site
In consideration of their options Hydrox Nominees Pty Ltd have approached Council’s Engineers arguing that the impact of their Development is insignificant (1mm flood increase) and is within the margin of error for that flood report.
In relation to Hydrox Nominees Pty Ltd proposal, Council’s Engineers has advised that:
1. The proposed development involves filling of floodplain in medium risk flood zone and volume of loss of flood storage is 11,700cu-m. Council's Flood Policy requires provision of compensatory flood storage to mitigate adverse impacts of flooding. The flood impact assessment for the proposed development, by FloodMit dated 28 June 2013 demonstrated that flood levels in the vicinity of the development will be increased by 1mm, if compensatory flood storage not be provided. Council considers this impact to be insignificant and agrees that it would not impose any added flooding impact on adjoining properties. However, while the impact on flood levels for single development is negligible, cumulative impact of filling for similar developments could be significant and unacceptable.
2. Council is planning to undertake a comprehensive cumulative flood impact assessment as part of a forth coming Georges River Flood Study in 2014-15 program year and budget provision has been made. The study will undertake comprehensive assessment of full impact of cumulative filling of potential developments within the floodplain. The study will also assess and identify regional flood mitigation options to negate the cumulative impact of similar developments on Georges River floodplain, which may require significant flood mitigation works (as well as any cumulative impacts of filling that have already occurred in the catchment).
3. The contribution that is being made by Masters will go in to a reserve for the management and mitigation of flooding issues within the Georges River catchment. The contribution of $550,000 is the estimated cost to provide a basin to provide compensatory storage (associated with Masters) as required by Council's Policy and has been determined based on current construction costs of similar basins within the LGA. This funding will supplement other grants and Council funds in providing the necessary flood management infrastructure identified by the above study.
With regards to the flood related conditions it is not our recommendation to delete this condition. The contribution fulfills the intent and the requirement of the conditions.
Georges River Flood Study
Council is currently in the initial stages of preparing the Georges River Flood Planning Study. It is anticipated that the Georges River Flood Study will recommend flood mitigation measures which aim to improve flood levels across a large number of properties currently within the Georges River Catchment. The study will aim to analyse the impacts of filling that on its own do not impact flooding, however could result in significant and unacceptable cumulative adverse impacts.
The funding for the Georges River Flood Study forms part of the draft 2014-15 Budget. A future report will be provided.
Georges River Flood Mitigation Reserve
This report seeks to establish a Flood Mitigation Reserve that can be utilised to fund flood mitigation measures within the George's River catchment. The making of a contribution to the Georges River Flood Mitigation Reserve will provide a material public benefit to all land owners within the Georges River Catchment which are currently flood liable.
Through the proposed Planning Agreement, Hydrox Nominees Pty Ltd proposes to contribute $550,000 to a Flood Mitigation Reserve with which Council will construct flood mitigation measures within the Georges River Catchment.
The Masters Development currently includes mitigation measures to address the current measurable effects regarding filling of land for which will not change as a result of this Planning Agreement.
Planning Agreement
The Planning Agreement has been drafted in accordance with Section 93F of the Environmental Planning and Assessment Act 1979 and was reviewed by Council’s Legal Officer. This Planning Agreement is an appropriate mechanism to facilitate the collection of contributions toward the Georges River Flood Mitigation Reserve for the purposes of Flood Mitigation Works.
A copy of the Draft Planning Agreement attached (Attachment 2) is recommended to be publicly exhibited for 28 days.
Delegated Authority
It is proposed to delegate to the Chief Executive Officer (CEO or Acting) the functions of the Council in relation to deciding whether to enter into the planning agreement.
In exercising this delegation the CEO must consider any public submissions and determine to enter into the Planning Agreement in the form that is publicly exhibited or with such alterations as the CEO determines appropriate.
It is noted that if substantial changes are required arising from the public exhibition, the recommendation whether to execute the Planning Agreement will be reported back to a Council meeting.
Public Exhibition
In accordance with Section 25D of the Environmental Planning and Assessment Regulation 2000, Council will publicly exhibit the Planning Agreement for a minimum of 28 days.
Conclusion
In consideration of the Georges River floodplain, Council’s engineers have agreed that the development approved through DA1321/2011 and DA1321/2011/A (which is yet to be determined) has an insignificant flood impact. Further Council’s Engineers have recommended that a mechanism to manage the cumulative impact of filling in the floodplain needs to be established, and have recommended the establishment of a Georges River Flood Mitigation Reserve. The proposed Planning Agreement offered by Hydrox Nominees Pty Ltd, is considered to provide a public benefit, and therefore this report recommends placing on exhibition the draft Planning Agreement for public consideration and comment. Should no comments be received the report recommends the execution of the Planning Agreement be delegated to the CEO (or acting). Once the Planning Agreement has been executed the Section 96 Application will be able to be determined.
CONSIDERATIONS
Economic and Financial |
The provisions of the proposed Planning Agreement will provide funding toward Flood Mitigation works in the Georges River Flood Plain. |
Environmental and Sustainability |
Manage the environmental health of waterways. Raise community awareness and support action in relation to environmental issues. |
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 |
Draft Planning Agreement |
367 |
|
GMPG 05 |
Voluntary Planning Agreement between Liverpool City Council and Hydrox Nominees Pty Ltd |
Attachment 1 |
Applicant Details |
GMPG 05 |
Voluntary Planning Agreement between Liverpool City Council and Hydrox Nominees Pty Ltd |
Attachment 2 |
Draft Planning Agreement |
391
Ordinary Meeting 28 May 2014
Committee Reports
CTTE 01 |
Minutes of the Aboriginal
Consultative Committee |
Strategic Direction |
Proud Engaged City Engage and consult with the community to enhance opportunities for communication and involvement |
Key Policy |
Community Engagement Policy |
File Ref |
047872.2014 |
Report By |
Norma Burrows - Community Development Worker (ATSI) |
Approved By |
Michael Cullen – Group Manager Economy and Engagement |
Executive Summary
That Council receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 3 April 2014.
That Council:
1. Receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 3 April 2014.
2. Supports funding of up to $3,000 being provided by Council for the attendance by two committee members at the Local Government Aboriginal Network conference in Narranderra on 10-12 September 2014 |
CONSIDERATIONS
Economic and Financial |
Costs of up to $3,000 will be incurred in the attendance of two committee members at the Local Government Aboriginal Network conference in Narranderra. The funds are available to be applied from salary and operational savings in the Community Development 2013-14 budget. |
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Promote community harmony and address discrimination. Ensure the input of traditional culture considerations in the decision making of Council. |
Civic Leadership and Governance |
Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions. |
1.View |
Minutes of the Aboriginal Consultative Committee Meeting held on 3 April 2014 |
393 |
|
CTTE 01 |
Minutes of the Aboriginal Consultative Committee Meeting held on 3 April 2014 |
Attachment 1 |
Minutes of the Aboriginal Consultative Committee Meeting held on 3 April 2014 |
Ordinary Meeting 28 May 2014
Committee Reports
CTTE 02 |
Minutes of the Liverpool Access Committee 10 April 2014 |
Strategic Direction |
Proud Engaged City Engage and consult with the community to enhance opportunities for communication and involvement |
Key Policy |
Community Engagement Policy |
File Ref |
085405.2014 |
Report By |
Kathryn Sloan - Community Development Worker (Aged and Disability) |
Approved By |
Michael Cullen – Group Manager Economy and Engagement |
Executive Summary
This report is tabled in order to present the Minutes of the Liverpool Access Committee Meeting held on 10 April 2014.
That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on 10 April 2014. |
REPORT
1. The Minutes of the Liverpool Access Committee held on 10 April 2014 are attached for the information of Council.
2. The Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.
CONSIDERATIONS
Economic and Financial |
There are no economic and financial considerations. |
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Raise awareness in the community about the available services and facilities. Support access and services for people with a disability. |
Civic Leadership and Governance |
Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions. |
1.View |
Liverpool Access Committee Minutes - 10 April 2014 |
399 |
|
CTTE 02 |
Minutes of the Liverpool Access Committee 10 April 2014 |
Attachment 1 |
Liverpool Access Committee Minutes - 10 April 2014 |
Ordinary Meeting 28 May 2014
Committee Reports
CTTE 03 |
Minutes of Liverpool Youth Council meeting held on 1 April 2014 |
Strategic Direction |
Proud Engaged City Engage and consult with the community to enhance opportunities for communication and involvement |
Key Policy |
Community Engagement Policy |
File Ref |
093449.2014 |
Report By |
Derek Tweed - Community Development Worker (Youth) |
Approved By |
Michael Cullen – Group Manager Economy & Engagement |
Executive Summary
This report is tabled in order to present the Minutes of the Liverpool Youth Council Meeting held on Tuesday 1 April 2014.
That Council receives and notes the Minutes of the Liverpool Youth Council Meeting held on Tuesday 1 April 2014.
|
REPORT
That Council:
1. Receives and notes the Minutes of the Liverpool Youth Council held on Tuesday 1 April 2014.
2. Notes that the Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.
CONSIDERATIONS
Economic and Financial |
There are no economic and financial considerations. |
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Support community organisations, groups and volunteers to deliver coordinated services to the community. |
Civic Leadership and Governance |
Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions. |
1.View |
Minutes April 2014 Liverpool Youth Council |
407 |
|
CTTE 03 |
Minutes of Liverpool Youth Council meeting held on 1 April 2014 |
Attachment 1 |
Minutes April 2014 Liverpool Youth Council |
Ordinary Meeting 28 May 2014
Committee Reports
CTTE 04 |
No Intermodal Committee Meeting Minutes of 6 May 2014 |
Strategic Direction |
Proud Engaged City Engage and consult with the community to enhance opportunities for communication and involvement |
Key Policy |
Community Engagement Policy |
File Ref |
098555.2014 |
Report By |
Megan Munari - Senior Strategic Planner |
Approved By |
Carole Todd - Acting Group Manager Planning and Growth |
Executive Summary
This report is tabled in order to present the Minutes of the No Intermodal Committee Meeting held on 6 May 2014.
That Council:
1. Receives and notes the Minutes of the No Intermodal Committee Meeting held on 6 May 2014.
2. Allocates $25,000 from the Intermodal Fighting Fund to undertake the post card campaign. |
REPORT
The Minutes of the No Intermodal Committee meetings held on 6 May 2014 are attached for the information of Council.
The Minutes identify a number of actions that require Council staff to undertake one of which will have a financial impact on Council.
Councils No Intermodal Committee discussed options of undertaking a postcard campaign to raise local awareness and raise community concerns with Warren Truss MP. The committee also discussed raising awareness through the Daily Telegraph newspaper.
The postcards will be provided to residents in the areas surrounding the intermodals. People will be encouraged to place the postage paid postcard in the post to reach Warren Truss.
A quote for these awareness campaigns has been obtained. The committee recommended that these options be recommended to Council for consideration and budget identification.
A preliminary quote for the post card campaign was obtained for $21,400, however this would need to be further refined prior to commencing the project.
The commercial rate for a full page advertisement in the Daily Telegraph is $48,000. While Council would be able to obtain a discount due to our relationship with the local newspapers, a full page advertisement represents significant cost.
It is recommended to not proceed with advertising in the Daily Telegraph at this stage, rather rely on social media, online forums, web pages and press releases to increase awareness of the intermodal campaign.
It is recommended that Council allocate $25,000 from the Intermodal Fighting Fund toward a post card campaign.
CONSIDERATIONS
Economic and Financial |
There are no economic and financial considerations. |
Environmental and Sustainability |
Raise community awareness and support action in relation to environmental issues. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
Actively advocate for federal and state government support, funding and services. |
1.View |
Draft Minutes for No Intermodal Committee meeting held on 6 May 2014 |
2.View |
Meeting notes from Straight Talk consultation session held on 18 March 2014 provided by Allen Corben |
409 |
|
CTTE 04 |
No Intermodal Committee Meeting Minutes of 6 May 2014 |
Attachment 1 |
Draft Minutes for No Intermodal Committee meeting held on 6 May 2014 |
CTTE 04 |
No Intermodal Committee Meeting Minutes of 6 May 2014 |
Attachment 2 |
Meeting notes from Straight Talk consultation session held on 18 March 2014 provided by Allen Corben |
Ordinary Meeting 28 May 2014
Committee Reports
CTTE 05 |
Minutes of Tourism and Events Committee meeting held 7 May 2014 |
Strategic Direction |
Proud Engaged City Deliver a range of stimulating and vibrant cultural events, programs and festivals |
Key Policy |
Events Strategy |
File Ref |
099783.2014 |
Report By |
Julie Scott - Manager Economic Development |
Approved By |
Michael Cullen – Group Manager Economy and Engagement |
Executive Summary
This report is tabled in order to present the Minutes of the Tourism and Events Committee Meeting held on 7 May 2014.
That Council:
1. Receives and notes the Minutes of the Tourism and Events Committee Meeting held on 7 May 2014.
2. Notes the New Year’s Eve costings to extend the event to midnight and the report on the New Year’s Eve event. |
REPORT
1. The Minutes of the Tourism and Events Committee held on 7 May 2014 are attached for the information of Council.
2. The Minutes identify a number of actions for Council staff to undertake, none of which have immediate financial implications for Council. Extension of Council’s New Year’s Eve event to midnight has funding implications if implemented. The existing New Year’s Event will also require additional funds if the areas of improvement identified in the post event report are to be implemented.
CONSIDERATIONS
Economic and Financial |
The activities of the Committee support Council’s efforts to facilitate the development of new tourism based on local attractions, culture and creative industries as well as economic development. Extension of the hours of Council’s New Year’s Event will incur additional costs. Implementation of improvements identified in the post event report for New Year’s Eve 2013 will also require an increased budget. |
Environmental and Sustainability |
Environmental and sustainability considerations are factored into the planning approval process for relevant events. |
Social and Cultural |
The work of the Committee supports events and activities which promote Council’s diversity. |
Civic Leadership and Governance |
The Committee provides guidance for Council’s tourism and events efforts. |
1.View |
MINUTES Tourism and Events Committee meeting 7 May 2014 |
2.View |
REPORT Post Event NYE 2013 |
3.View |
REPORT Costing to Extend NYE |
425 |
|
CTTE 05 |
Minutes of Tourism and Events Committee meeting held 7 May 2014 |
Attachment 1 |
MINUTES Tourism and Events Committee meeting 7 May 2014 |
CTTE 05 |
Minutes of Tourism and Events Committee meeting held 7 May 2014 |
Attachment 2 |
REPORT Post Event NYE 2013 |
CTTE 05 |
Minutes of Tourism and Events Committee meeting held 7 May 2014 |
Attachment 3 |
REPORT Costing to Extend NYE |
Ordinary Meeting 28 May 2014
Committee Reports
CTTE 06 |
Minutes of Economic Development Committee meeting held 7 May 2014 |
Strategic Direction |
Vibrant Prosperous City Position Liverpool as the destination of choice to attract business and investment in South Western Sydney |
Key Policy |
Economic Development Strategy |
File Ref |
099824.2014 |
Report By |
Julie Scott - Manager Economic Development |
Approved By |
Michael Cullen – Group Manager Economy and Engagement |
Executive Summary
This report is tabled in order to present the Minutes of the Economic Development Committee meeting held on 7 May 2014.
That Council receives and notes the Minutes of the Economic Development Committee Meeting held on 7 May 2014. |
REPORT
1. The Minutes of the Economic Development Committee meeting held on 7 May 2014 are attached for the information of Council.
2. The Minutes identify a number of actions that require Council staff to undertake, none of which will have financial implications for Council.
CONSIDERATIONS
Economic and Financial |
The activities of the Committee support Council’s efforts to facilitate economic development. |
Environmental and Sustainability |
Environmental and sustainability considerations will be factored into economic development activities. |
Social and Cultural |
Economic development will boost demand for cultural and arts activities. |
Civic Leadership and Governance |
The Committee provides guidance for Council’s economic development projects and initiatives. |
1.View |
MINUTES Economic Development Committee meeting 7 May 2014 |
447 |
|
CTTE 06 |
Minutes of Economic Development Committee meeting held 7 May 2014 |
Attachment 1 |
MINUTES Economic Development Committee meeting 7 May 2014 |
Ordinary Meeting 28 May 2014
Committee Reports
CTTE 07 |
Minutes of Building Our New City Committee meeting held 7 May 2014 |
Strategic Direction |
Vibrant Prosperous City Position Liverpool as the destination of choice to attract business and investment in South Western Sydney |
Key Policy |
Economic Development Strategy |
File Ref |
099827.2014 |
Report By |
Julie Scott - Manager Economic Development |
Approved By |
Michael Cullen – Group Manager Economy and Engagement |
Executive Summary
This report is tabled in order to present the Minutes of the Building Our New City Committee Meeting held on 7 May 2014.
That Council receives and notes the Minutes of the Building our New City Committee Meeting held on 7 May 2014. |
REPORT
1. The Minutes of the Building Our New City Committee meeting held on 7 May 2014 are attached for the information of Council.
2. The Minutes identify a number of actions for Council staff, none of which have financial implications for Council.
CONSIDERATIONS
Economic and Financial |
The activities of the Committee support Council’s efforts to further develop a commercial centre that accommodates a variety of employment opportunities. |
Environmental and Sustainability |
Environmental and sustainability considerations will be factored into urban design for key City Centre precincts. |
Social and Cultural |
Revitalisation of the City Centre will embrace a range of arts and space activation opportunities. |
Civic Leadership and Governance |
The Committee provides guidance for Council’s Building Our New City Projects. |
1.View |
MINUTES Building Our New City Committee 7 May 2014 |
461 |
|
CTTE 07 |
Minutes of Building Our New City Committee meeting held 7 May 2014 |
Attachment 1 |
MINUTES Building Our New City Committee 7 May 2014 |
Ordinary Meeting 28 May 2014
Committee Reports
CTTE 08 |
Minutes of the Budget and Finance Committee |
Strategic Direction |
Leading Proactive Council Provide business excellence and financial sustainability to deliver services that meet community expectations |
Key Policy |
Long-Term Financial Plan |
File Ref |
108991.2014 |
Report By |
Grace Farrugia - Business Support Officer |
Approved By |
Matthew Walker – Group Manager Business Excellence |
Executive Summary
This report is tabled in order to present the Minutes of the Budget and Finance Committee held on 7 May 2014.
That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 7 May 2014. |
REPORT
1. The Minutes of the Budget and Finance Committee meeting held on 7 May 2014 are attached for the information of Council.
2. The Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.
CONSIDERATIONS
Economic and Financial |
There are no economic and financial considerations. |
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
1.View |
Budget and Finance Committee Meeting Minutes 7 May 2014 |
463 |
|
CTTE 08 |
Minutes of the Budget and Finance Committee |
Attachment 1 |
Budget and Finance Committee Meeting Minutes 7 May 2014 |
465
Ordinary Meeting 28 May 2014
Correspondence Reports
CORR 01 |
Incoming and Outgoing Correspondence Report |
Strategic Direction |
Leading Proactive Council Provide business excellence and financial sustainability to deliver services that meet community expectations |
Key Policy |
NA |
File Ref |
076528.2014 |
Report By |
George Georgakis - Service Manager Council and Executive Services |
Approved By |
George Georgakis - Service Manager Council and Executive Services |
Executive Summary
The purpose of this report is to table all incoming and outgoing correspondence generated as a result of a council resolution, and petitions received by Council.
At the Extraordinary meeting of Council on 28 April, 2010 Council resolved to:
Establish a new standing agenda item in all council meeting agendas called “Correspondence”. All incoming and outgoing correspondence, in whatever form, including emails, fax messages, letters, submission, resulting from a council resolution must be tabled in chambers and be put on the agenda at the next scheduled Council meeting.
At the Extraordinary meeting of 25 February, 2014 Council resolved that:
“Petitions received by Council be attached to the Correspondence item on the Council Business Papers and provided under separate cover.”
Accordingly correspondence and the list of petitions received are included in this report.
That Council receives and notes the report.
|
REPORT
incoming correspondence |
||||
No |
Date |
From |
To |
Details |
Nil |
OUtgoing correspondence |
||||
No |
Date |
From |
To |
Details |
Nil |
Petitions No Issue Number of Signatories 1 Opposition
to the federal government’s compulsory acquisition of land parcels
on the Georges River corridor for the Moorebank Terminal. 3
Petitions |
||
No |
Issue |
Number of Signatories |
1 |
Opposition to the federal government’s compulsory acquisition of land parcels on the Georges River corridor for the Moorebank Terminal. |
3 |
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 or cultural considerations. |
Civic Leadership and Governance |
Provides information to Councillors to assist in decision making processes. |
467
Ordinary Meeting 28 May 2014
Questions with Notice
QWN 01 |
Question with Notice - Clr Shelton |
Strategic Direction |
Leading Proactive Council Provide business excellence and financial sustainability to deliver services that meet community expectations |
Key Policy |
Long-Term Financial Plan |
File Ref |
105358.2014 |
QUESTION WITH NOTICE
Please address the following:
During the ordinary council meeting of 26 June 2013 a resolution to the following effect was passed.
That Council:
1. Adopts the Growing Liverpool 2023 Community Strategic Plan, Delivery Program 2013-2017 Operational Plan 2013-2014 with the changes outlined in this report.
2. ...
3. Places on public exhibition for 28 days the fees and charges for community and recreational facilities
a. ...
b. Amended fees and charges as presented. Notifies affected food premises in writing in the Mayor's name of the new reduced fees and charges.
Please advise the revenue that has to date been lost to Council if it were assumed these particular fees and charges had remained unaltered and not 'reduced' and notified 'in writing in the Mayor's name'.
Reduction of the primary inspection fee for food business who employee 0 to 5 employees:
· Original adopted fee for the 2012/2013 fees & charges = $138.18 (GST exclusive)
· Reduced adopted fee 2013/14 = $130.91 (GST exclusive)
· Reduction of income to date $6,862.52
Reduction of the Re- inspection fee for food business who employ 0 to 5 employees:
· Original adopted fee for the 2012/2013 fees & charges = $138.18 (GST exclusive)
· Reduced adopted fee = $90 (GST exclusive)
469
Ordinary Meeting 28 May 2014
Questions with Notice
QWN 02 |
Question with Notice - Clr Stanley |
Strategic Direction |
Accessible Connected City Provide safe and easy travel with a high quality road and traffic management network |
Key Policy |
Asset Management Plan |
File Ref |
105256.2014 |
QUESTION WITH NOTICE
Please address the following:
1. How many bus shelters have been constructed in the 2013-2014 year?
2. What are their locations?
3. Is there any back log from previous years?
4. How many will be constructed in 2014-2015 financial year?
5. Where are new bus shelters to be located?
6. Please indicate whether these are in new or established suburbs.
7. What is the approximate cost of a bus shelter?
A response to these questions will be included in the June business paper.
470
Ordinary Meeting 28 May 2014
Questions with Notice
QWN 03 |
Question with Notice - Clr Harle |
Strategic Direction |
Healthy Inclusive City Improve health and wellbeing and encourage a happy, active community |
Key Policy |
Recreation Strategy |
File Ref |
111418.2014 |
QUESTION WITH NOTICE
Please address the following:
1. Can Council provide the status of steps implemented to prevent Public Address Systems being used in the Chipping Norton Recreational Area since the matter was previously debated in Council?
2. Have prominent signs indicating that “PA system are not allowed in the park” been installed as was promised when the matter was raised previously?
3. Is Council aware that Black Muscat Park is again regularly used by large groups that produce extremely loud music, particularly “Middle Eastern Music” which continues to be a major problem despite Councils’ preventative efforts?
4. The matter was again reported on the 18th of May. Previously Rangers were to attend the Park area early on Saturday and Sunday mornings to prevent groups setting up PA systems, has this practice been discontinued?
5. Have Rangers asked Police for assistance when complaints have been received from nearby residents and if so, what was the response?
6. Several incident have been reported to me of noise affected residents being harassed and intimidated by large groups of 1000 or more Black Muscat Park users. Those incidents occurred when residents opposite the park asked operators to reduce the sound level or questioned if they had permission from Liverpool Council to use the area. Has Council issued permits over the last six months allowing any groups to use the park area, including permission to operate PA systems?
7. Is Council aware that members of these groups use wood gathered from bush areas within the park to fuel open fires and barbeques rather than use those supplied by Council?
8. Is Council aware that those open fires often result in covering large areas of the park with dense smoke that detrimentally affects all park users as well as residents in the adjoining areas? Often to the extent that residents are forced to close all windows and doors to avoid the smoke that lingers for several hours after park users have left the area.
9. In relation to toilet amenities for the Chipping Norton Recreational areas; does the system cope when groups of several thousand visitors use these facilities and what is Councils liability if problems occur?
10. Can I be provided with the approximate costs associated for two Rangers to patrol the area on Saturdays, Sundays and public Holidays from 10:00 am to 3:00pm?
A response to these questions will be included in the June business paper.